Welcome to BondView.com, a web site operated by BondView, LLC, a limited liability company, (the "Site" or "Company"). This document explains the terms and conditions for using our Site (the "Agreement"). By using our Site, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Site.
YOUR ACCOUNT & PASSWORD.
Your
Account. When you register as a new member, an Account is set up
for you corresponding to the Account Type you specified (e.g., Free
Limited Use, Premium Use and Professional Use). Each successive Account
Type has greater access to the Site features and the number of Bond
Portfolios ("Portfolios") that you may manage from the Site. You agree
not to set up duplicative Accounts to circumvent the usage restrictions
corresponding to the Account Type and Site features for which you are
registered. If you are an institution, you may be invited to establish a
Master Account. Each Master Account may have up to the number of
Sub-Accounts for individuals working in your company. Each Sub-Account
will continue only for so long as the Master Account remains active.
When you register your Account, you represent that you are at least 18
years old and that, to the best of your knowledge and belief, your
registration information is truthful, accurate and complete.
Your
Password. A user name and password will be assigned by us or
chosen by you. You will only access and use the Site features through
your own Account and only during the period of your subscription. You
are responsible for maintaining the secrecy of your password and for
activities occurring under your Account (and each Sub-Account, if
applicable). Be sure to change your
password promptly and notify us
if you believe your account has been compromised or is being accessed by
others. Users may not loan their accounts or passwords to others.
USING
OUR SITE.
Proprietary Rights.Our Site may contain
an assortment of information, data, software, images, video clips,
music, links, logos and other material ("Content") that are the
copyright, trademark or other intellectual property of the owners of
this Site or certain third party suppliers. Content in this Site is
copyrighted individually and as a collective work by us. Third party
Content may also be copyright individually and as a collective work by
such third party owners. All rights are reserved. The name
"BondView.com" and other names appearing herein are the trademarks or
registered trademarks of the Site or the respective third party owners.
You will ensure that all copyright, trademark or other proprietary
rights notices appearing on any Content remain intact and legible. All
licenses are non-exclusive.
Linking to Our Site.You may
not display our Content within a frame or border, or "deep link" or
harvest Content located below our top-most URL. You will not link to our
Site or Content in a manner that suggests an endorsement or affiliation
between our sites. You will remove any link to our Site that we find
objectionable promptly upon request.
Our Remote Software
Applications.Our Site offers users the ability to license and
make remote use of software applications and components operated from
our servers. Your use of any remotely hosted software application will
be governed by the license agreement accompanying such "Remote Hosted
Application." In the absence of any such terms, and subject to your
payment of any applicable fees, you are granted a personal, revocable,
non-transferable license to access remotely and use the Remote Hosted
Application from your computer to process your own data in support of
your own personal or internal business processes. A Remote Hosted
Application designated by our Site as an active "web site component" may
be incorporated as an integral feature of your web site and made
available to users of your site. Unless expressly authorized, you may
not charge a separate fee for making Remote Hosted Applications
available to others. Unless you are expressly authorized to "private
label" a Remote Hosted Application, you should ensure the feature is
properly designated as originating from our Site. Except as stated in a
separate agreement, Remote Software Applications licenses are revocable,
non-transferable and provided "AS-IS" and "AS AVAILABLE".
Reservation
of Rights. All content, communications, software applications,
digital products, updates and features of this Site are copyrighted by
the Site, its owners, suppliers or other third parties. We reserve all
rights not specifically granted to you. This means permission to use the
Site and related intellectual property rights will be narrowly
interpreted by a court in our favor. Except as specifically authorized
in this Agreement, you may not store, copy, reproduce, adapt, reformat,
create derivative works of, transmit, disseminate, publicly display or
perform any copyrighted material from this Site. You may not reverse
engineer our Site or any software obtained from it to discover its
underlying design or inner workings (and you will hold in confidence for
our benefit alone anything discovered in violation of this provision).
If you infringe our intellectual property rights or exceed the scope of
permitted use of this Agreement, you agree that we could be irreparably
injured and may obtain a court order without necessity of posting bond
or proving actual damage to enjoin you from further mischief.
YOUR
DATA, CONTENT & SUBMISSIONS.
Data Preparation and
Loading. Our Site allows you to upload data into your
Portfolio(s) for the purpose of using the applications and features of
our Site. You will ensure that your Customer Data is in the format
specified by the Site documentation and that it is properly loaded into
the proper Portfolio. We are not responsible for the performance or
non-performance of any third party upload script or mechanism for
loading Customer Data, nor for any corruption of Customer Data after it
is loaded. As between the parties, it is acknowledged that you (or your
designee) own all right, title and interest in the Customer Data you
load into the Site. You grant the Site the limited right to use the
Customer Data to operate the software applications and features in the
normal course of providing the Site features to you. You may instruct
the Site to delete your Customer Data permanently from the Site at any
time. The Site may purge Portfolios, Customer Data or Accounts that have
been inactive for more than 30 days.
Your Public Messages.
Our Site includes certain interactive features that allow users to
post, transmit and receive messages or content on discussion forums,
weblogs, newsgroups, chat areas, calendars or other online channels
("Communications"). We do not prescreen or editorially control
Communications on our Site. We reserve the right (but do not assume the
responsibility) to block or remove any Communications brought to our
attention which we consider in violation of this Agreement or
detrimental to the Site or to any person.
Permission to Publish.
Our Site does not claim ownership in the content of your
Communications. If you make Communications, you irrevocably grant our
Site (and any affiliates and sub-licensees) the worldwide, perpetual,
royalty-free, sub-licensable right and license to store, copy,
reproduce, adapt, reformat, create derivative works of, transmit,
disseminate, publicly display and perform such Communications through
the Site and to make such incidental and additional uses as may be
needed to operate the Site and any affiliated sites through any media or
technology now known or hereafter created. You irrevocably grant us the
right to obtain a copyright in the "thread" or compilation of
Communications on the Site generally, including your own Communications.
Private
Branded Site. Institutional users may request our Company to
set up private branded versions of the user interface for use by the
institution's personnel or customers ("Private Branded Site"), subject
to published prices or as otherwise mutually agreed in writing. You
grant our Company the non-exclusive right to display your trademarks,
services marks, logos and other corporate information ("Private
Branding") in the form supplied to us for purposes of operating the
Private Branded Site. You represent and warrant that you own or have all
requisite rights to authorize us to display such Private Branding as
contemplated herein and will defend, indemnify and hold us harmless from
any damage or cost (including reasonable attorney fees) arising from a
third party claim to the contrary. Upon termination, we will permanently
remove and deactivate such Private Branding and cease further use. It
is acknowledged that the presence of Private Branding does not alter the
structure of this Agreement or grant any sublicense to you to further
disseminate any Content or data obtained from the Site.
Data
Management & Disclosure. We reserve the right to manage and
operate our system resources and to archive or delete any files stored
on our Site at any time. You are responsible for making back-up copies
of any Customer Data or files that you wish to preserve. We may archive
or delete files stored in accounts that have not been logged into and
are inactive for an extended period of time, as determined by the Site.
We do not claim any ownership rights in the contents under your account.
We may disclose the contents of your account (a) as required by law or
legal process, (b) to protect or defend the rights of the Site, (c) to
enforce this Agreement, or (d) to protect the interests of any other
user.
Prohibited Behavior. You will not upload, store
or disseminate any Content or make any Communications which violate or
infringe the intellectual property or privacy rights of any person or
which a reasonable person would consider abusive, profane, hateful,
racially or ethnically offensive, which are defamatory or harassing, or
which violate or encourage others to violate this Agreement or any
applicable law. You will not upload or transmit pornographic or obscene
images or files, and you will not impersonate our personnel or disrupt
the orderly operation of the Site. You will not use the Site to violate
any applicable law, including domestic or foreign securities laws or
regulations. In order to protect itself, the Site may without liability
actively cooperate with and furnish identifying and supporting
information to any person likely to be harmed or affected by your
violation of this Agreement and to any law enforcement agency conducting
an investigation. You also agree not to make any Communication that
encourages users to terminate their use of the Site or to use a
competitor's service.
Anti-Spam Restriction. You will
not use our Site to make any Communications which are unsolicited bulk
advertising or promotional messages ("spam"), so-called "chain letters,"
pyramid schemes, or make Communications of a promotional nature other
than through channels authorized by the Site. You may not harvest email
addresses or instant messaging identifiers. Because the damage incurred
by us in connection with spam campaigns may be difficult to ascertain,
you agree to pay liquidated damages of USD $3.00 per individual
recipient of spam messages transmitted under your account if you
knowingly cause spam to be sent.
APPLICABLE CHARGES & PAYMENT.
Some
features of our Site may require the payment of a subscription-based
fee or other charge. For subscription-based features, you agree not to
allow your Master Account or any Sub-Accounts to be used by other
persons that do not have an account. We require timely payment of all
published fees and charges by the Master Account holder. Prices do not
include and you agree to pay, indemnify and hold our Company harmless
from all sales/use, gross receipts, value-added, GST, personal property
or other tax (including interest and penalties thereon) on the
transaction contemplated herein, other than taxes based on the net
income or profits of our Company.
If you fail to pay applicable fees
or charges when due, we may suspend or terminate your Accounts and
access to your Portfolio(s), the Site services or features. Unless
otherwise agreed in writing, all charges are payable in U.S. Dollars in
advance by major credit card, cashier's check or money order. Late
payments are subject to costs of collection (including legal fees of
17.5% pre-filing, or 35% if formal proceedings are filed) and shall bear
interest at a rate equal to the lesser of one (1) percent per month or
the highest rate permitted by law.
THIRD PARTY LINKS AND
ADVERTISERS.
Content, goods or services may be offered by third
parties through hotlinks or advertisements contained on our Site or
through private-branded areas that are controlled by third party
providers. These are offered as a convenience to you. We have no control
over and do not endorse third party content, goods or services. We act
as a distributor and not as a re-publisher of third party content and as
an advertising channel for third party goods and services. Third party
providers may change, add or discontinue their content or offerings at
any time without notice. They may impose additional or different
conditions on your use of their content or services (please read any
additional terms that may be posted by such providers). WE DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU
OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD
PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
SYSTEM
SECURITY.
We offer secure web pages to collect certain kinds of
information from users and we store Customer Data and certain kinds of
sensitive information in encrypted form. We follow reasonable technical
and management practices to help protect the confidentiality, security
and integrity of data stored on our system. While no computer system is
completely secure, we believe the measures implemented by our Site
reduce the likelihood of security problems to a level appropriate to the
type of data involved.
OUR PRIVACY POLICY.
Our Privacy
Policy for this Site is posted at our main page. The terms of that
Policy, and any future amendments to it, are hereby incorporated by
reference in its entirety into this Agreement and subject to these
terms. Third parties providing goods or services to you (including those
advertising or providing links on our Site) may have privacy policies
or practices that differ from our own. Please check their sites' privacy
disclosures for details.
WARRANTIES & LIABILITIES.
Warranty
Disclaimer. THIS SITE (INCLUDING ALL INFORMATION, CONTENT,
COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE
INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE
WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT WARRANT THAT THE SITE
WILL OPERATE UNINTERRUPTED OR ERROR FREE. ALL WARRANTIES, INCLUDING
MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE
DISCLAIMED. THE COMPANY IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR
DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO
WITH THE SITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY HARASSING,
DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR
FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OR BY THIRD
PARTIES.
Not Fault Tolerant. The Site is not fault
tolerant and should not be used in active bond or other securities
trading activities where fail-safe operations or accuracy of data, data
processing or computational correctness is required. To the extent you
use the Site for such purposes, you assume all risk thereof.
Third
Party Disclaimers. Certain content in this Site may be subject to
additional third party disclaimers. Notices may be posted in Site
content were appropriate and are part of this Agreement.
Daily
Transaction Report Data. The Site may contain data from the
Daily Transaction Reports published by the Municipal Securities
Rulemaking Board ("MSRB"). The following disclaimer and restrictions
apply to such information:
DISCLAIMER FOR DAILY TRANSACTION
REPORTS
The Daily Transaction Report represents inter-dealer and
customer trades in municipal securities that have been reported by
dealers to the MSRB. The report does not necessarily reflect all
transactions that were effected on the specific trade date. Because of
the possibility of errors in the trade submission process or errors or
omissions in other processing of data, the report should not be used as
the sole basis for pricing or executing transactions in municipal
securities. Prices for securities transactions vary with market
conditions and can be affected by trade size and other factors. The MSRB
requires that we notify you of possible errors and defects in the Daily
Transaction Reports, and you acknowledge that we met our obligation in
this Agreement. In accordance with our MSRB Subscription Agreement, our
Site is re-disseminating the Daily Transaction Reports downloaded from
the MSRB, in their entirety and without alteration of the content of the
data, to the users of this Site. You will not further re-disseminate
the Daily Transaction Reports to third parties without obtaining your
own independent right from MSRB to do so. CUSIP numbers and CUSIP
standard securities descriptions contained in Daily Transaction Reports
("CUSIPs") are licensed by MSRB from the CUSIP Service Bureau, Standard
and Poor's, a division of McGraw-Hill Companies ("CUSIP Service Bureau")
and sublicensed for use in this Site under the MSRB Subscription
Agreement. CUSIPs are provided for your use under this Agreement solely
for the purpose of identifying municipal securities issues as an
integral part of using the Daily Transaction Reports through the
features of this Site and for no other purpose. Price and volume
transaction information from the Daily Transaction Reports is to be used
in operating the features of this Site and for no other purpose. The
CUSIP Service Bureau asserts, under the MSRB Subscription Agreement,
that the CUSIPs are and shall remain valuable intellectual property of
the CUSIP Service Bureau and the American Bankers Association ("ABA"),
and you agree that no proprietary rights are being transferred to you in
such information. You agree to defend, indemnify and hold the Company
harmless from any violation by you of the restrictions on your use of
Daily Transaction Reports and CUSIPs. Any questions about your use of
CUSIPs, other than for the sole purpose of identifying municipal
securities issues as an integral part of the Daily Transaction Reports,
should be directed to the CUSIP Service Bureau.
No_Professional_Relationship.
THIS SITE DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A
REGULATED OR PROFESSIONAL NATURE, INCLUDING LEGAL, ACCOUNTING,
FINANCIAL OR OTHER PROFESSIONAL CALLING. THE SITE DOES NOT PROVIDE
FINANCIAL SERVICES, REAL ESTATE BROKERAGE SERVICES, SECURITY BROKERAGE
SERVICES, HOME LENDING OR MORTGAGE SERVICES. NOTHING IN THIS SERVICE
ESTABLISHES A PROFESSIONAL OR FIDUCIARY RELATIONSHIP WITH YOU. ALL
INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE INDEPENDENTLY VERIFIED
BY YOUR OWN PROFESSIONAL ADVISERS.
Limitation of Liability.YOU
AGREE THE COMPANY IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE
AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS
PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE
COMPANY LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST
PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION)
EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THE COMPANYS OFFICERS,
OWNERS, EMPLOYEES, ATTORNEYS AND AGENTS HAVE NO LIABILITY WHATSOEVER TO
YOU OR ANY THIRD PARTY UNDER ANY THEORY OF RECOVERY. THIS LIMITATION IS A
MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND
HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT
APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
Indemnification
and Hold Harmless.You agree to defend, indemnify and hold
harmless the Site and its officers, directors, owners, agents,
employees, advisers and consultants, from and against any claims,
actions, demands, liability, damages (including legal and professional
fees) asserted by any third party and arising from your use of the Site,
your conduct, data, content, communications, alleged infringement of
third party intellectual property or privacy rights, or violation of
this Agreement. If you own or have a claim of right to any intellectual
property rights that are implicated by the use or operation of this
Site, including any Customer Data, data upload scripts, bond data
reference elements or bond numerical or textual descriptions, data
compilations, derivative works thereof, or otherwise, then you grant the
Site a non-exclusive, non-transferable right and license to utilize
such intellectual property rights as the Site may deem necessary or
appropriate in operating the Site, subject to this Agreement and in the
normal course of business and for no other purpose. It is the parties
intention that you will not deliberately register an Account or make use
of this Site and then attempt to claim that the Site had no right to
use your intellectual property in carrying out the operations of the
Site, and you waive any claim to the contrary.
Limitation of
Remedies. You agree that if the Site breaches this Agreement,
your sole and exclusive remedy will be to terminate this Agreement and
your relationship with the Site. This applies regardless of whether the
remedy fails of its essential purpose.
Protected Parties.THE
WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF
RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS,
DIRECTORS, OWNERS, AGENTS, PROGRAMMERS, CONSULTANTS, ATTORNEYS AND
ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS,
SUPPLIERS, PUBLISHERS AND PROMOTERS.
FORCE MAJEURE.
The
Site is not responsible for any delay or failure in performance of the
Site in whole or in part for any reason including, without limitation:
fires, floods, storms, earthquakes, civil disturbances, disruption of
telecommunications, transportation, utilities, services or supplies,
governmental action, computer viruses, corruption of data, hacker
attack, incompatible or defective equipment, software or services or
otherwise. Nothing herein enlarges any warranty or diminishes any
disclaimer under this Agreement.
NO OUTSIDE CONTACTS.
Because
of the uncertainty and lack of uniformity of laws in other
jurisdictions (particularly as applied to Internet sites), it is
important to agree that our Site operates solely in Nassau County, New
York USA (our "Locality"). You are using the Internet as your own agent
to access and use our Site from the local Internet point of presence
(POP) here in our Locality and you are using the Internet or public
carrier as your local agent to take delivery of any information,
products or services in our Locality. This means all operations,
services, deliveries, performance and contacts of our Site occur solely
in our Locality. Our Site does not submit to personal jurisdiction
anywhere else and you irrevocably waive any claim to the contrary.
INJUNCTIVE
RELIEF.
If you violate or exceed the scope of this Agreement or
infringe our proprietary rights, you agree we would be irreparably
harmed and may (in addition to other relief and without having to post
bond or proving actual damage) obtain a court order obtaining specific
performance or enjoining you from further mischief.
GOVERNING LAW.
THIS
AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
SUBSTANTIVE LAWS OF THE UNITED STATES AND NEW YORK, WITHOUT REGARD TO
CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY
LEGAL ACTION IN Nassau COUNTY, NEW YORK, AND IRREVOCABLY CONSENT TO
EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE
FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO
CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S.
District Courts can hear cases involving copyright issues between us.
Since we make no warranties and have limited our liabilities, you should
have little reason to have a grievance with us. Should you nevertheless
bring legal action against us, you irrevocably agree it will be brought
and maintained on an individual basis (and not consolidated with
similar cases) within one (1) year after the claim arises or be barred.
As disincentive for unwarranted litigation, you agree that if you sue us
and don't win on the merits, you will pay our defense costs, including
reasonable legal fees for in-house and outside counsel. If we are
required to enforce this Agreement or our rights, you irrevocably accept
legal notices and papers by electronic mail at your last known email
address (we would also attempt to send you a backup copy by regular
mail).
TECHNOLOGY & DATA TRANSFER.
Technology
Transfer. The transport of technology, technical data and
information across national boundaries is regulated by the United States
and certain foreign governments. You agree not to directly or
indirectly export or re-export any information, software or technology
obtained from or through the Site that requires an export license or
governmental approval without first obtaining that license or approval.
This provision will survive termination of our Agreement.
European
Union Residents. If you reside in the European Union (EU) or if
any transfer of information between you and our Site is governed by the
European Union Data Protection Directive or national laws implementing
that Directive, then you consent to the transfer of such information
outside of the European Union to your country and to such other
countries as may be contemplated by the features and activities provided
by the Site.
U.S. GOVERNMENT RESTRICTED RIGHTS.
To the
extent used by U.S. government personnel: this is a computer data base
that constitutes restricted computer software and is provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is
subject to restrictions as set forth in the Commercial Computer Software
clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software-Restricted Rights clause at 48 CFR
52.227-19, as applicable. Contractor is BondView, LLC, a limited
liability company.
RELATIONSHIP OF PARTIES.
There are no
third party beneficiaries of this Agreement. The parties are independent
to one another and are not related by franchise, partnership,
employment, joint venture or otherwise. This Site is not a party to any
transaction between you and any third party advertisers or suppliers.
You will look solely to the third party for all claims regarding their
goods, services or information.
RIGHT TO RELY ON INSTRUCTIONS.
The
Site may act in reliance upon any instruction, information, document,
filing, name, email address or user password that meets the Site's
automated criteria or which is believed by the Site's personnel to be
genuine. For any password protected areas, the Site may assume a person
entering a user name address and associated password is, in fact, that
user or is authorized by that user to act on its behalf. The Site may
assume the latest email addresses and registration information on file
with the Site are accurate and current. When programmed to do so, the
Site may take prescribed actions in the absence of receiving proper and
complete contrary instructions.
CHANGES TO THE SITE.
We
reserve the right to modify, change or discontinue the Site or any
feature at any time without notice. You agree that the Site is not
liable to you or to any third party as a result of any such action. We
invite users to make suggestions for ways that the Site can be improved.
If you make a suggestion, you authorize us to use the idea and to
publish your name in connection with the submission. We do not pay
compensation for using submissions.
TERMINATION.
Either
party may terminate this Agreement in their sole discretion, at any time
with or without cause and regardless of the stated registration period
otherwise applicable. We reserve the right to suspend or terminate
operation of this Site, or any feature of this Site, at any time upon
notice. Protections afforded to us and to third parties by this
Agreement will survive termination. If this Agreement is suspended or
terminated as a result of unauthorized use or infringement of rights to
Content obtained from the System, you agree that upon request, you will
destroy all copies of such Content in your possession or under your
control.
NOTICE TO CALIFORNIA RESIDENTS.
Under California
Civil Code Section 1789.3, California residents are entitled to the
following specific consumer rights information.
Pricing
Information: Current rates for using the Site may be obtained by
visiting the Account Registration page. The Site reserves the right to
change fees, surcharges or to institute new fees at any time, as
provided in this Agreement.
Complaints: The Complaint
Assistance Unit of the Division of Consumer Service of the California
Department of Consumer Affairs may be contacted in writing at 1020 North
Street, Suite 501, Sacramento, CA 95814, or by telephone at (916)
445-1254.
MISCELLANEOUS.
This document reflects our entire
and exclusive agreement and supersedes all other agreements regarding
this subject matter, whether written or verbal. We reserve the right to
change this Agreement at any time by posting a new version on the Site.
Your continued use of this Site after the effective date of such
amendment will constitute your acceptance of it. Any other amendment to
this Agreement shall be in a pen-and-ink signed writing, regardless of
any course of performance or trade practice between us. This electronic
document or a hardcopy duplicate in good form shall be considered an
original document admissible into evidence unless the document's
authenticity is genuinely placed in question. We reserve the right to
assign this Agreement or delegate responsibility to any third party,
including a party acquiring any of our operating assets or ownership
interests. All licenses or permissions granted to you by this Agreement
are personal in nature and may not be assigned, sublicensed or otherwise
transferred and any attempt to the contrary is void. Any provision of
this Agreement found by a court to be illegal or unenforceable shall
automatically be deemed conformed to the minimum requirements of law and
shall thereupon be given full force and effect as so modified. Waiver
of a provision in one instance shall not preclude our enforcement of it
on future occasions. Headings are for reference purposes only and have
no substantive effect.
NOTICE OF COPYRIGHT INFRINGEMENT
PROCEDURES.
If you believe content on our Site infringes your copyrighted
work and you want the Site to take down the offending material, you
will need to complete the following Notice of Copyright Infringement
and mail or fax it to our Registered Agent (do not use this procedure
for any other kind of communication): eMail to us at:
support@bondview.com
I certify under the penalty
of perjury that I own or am authorized to act on behalf of the owner of
the copyrighted work identified below. I believe in good faith that the
copyrighted work has been used on your Site without authorization by the
owner, its agents or according to law. I ask that you remove or block
access to the infringing material.
Name of Copyright Owner:
Description
of Copyrighted Work:
Description of Infringing Material:
Location
of Infringing Material:
I can be contacted as follows:
My Name:
My
Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:
I
certify under the penalties of perjury that the foregoing is true and
correct to the best of my information, knowledge and belief.
Signed:
Date: