Terms and Conditions
Permitted Use of the Site; Content
This Site is provided on an “as is” basis by BCDS VENTURES, INC. for the convenience of its customers. The Site, domain name(s) associated with it, and all copyrights, trademarks and other proprietary and personal rights of the Site are the sole property of BCDS VENTURES, INC. The Site is intended for use by United States residents 18 years of age or older. You are allowed to access the Site and the content provided by BCDS VENTURES, INC. (including text, images, hosted software, sound files, video or other content) (“Content”) only for the purpose of receiving information about BCDS VENTURES, INC.’s business and products, communicating with BCDS VENTURES, INC., or as otherwise stated on the Site.
BCDS VENTURES, INC. grants a worldwide, fully paid, perpetual, non-exclusive, non-transferable license to you to use the Content solely for the purpose of operating the Site.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other way or for any other purpose without the express written permission of the Content’s owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from BCDS VENTURES, INC. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of BCDS VENTURES, INC. and/or its licensors, each of whom reserves all rights with regard to such materials.
BCDS VENTURES, INC. may provide you with one or more areas within the Site for online discussions (e.g. message boards, chat rooms, or blogs). If you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. BCDS VENTURES, INC. reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. BCDS VENTURES, INC. shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
You hereby grant BCDS VENTURES, INC. a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to BCDS VENTURES, INC. via the Site (which is referred to in these Terms as “User Content”), including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent to BCDS VENTURES, INC. that you have all rights, title and interests necessary to provide such User Content to BCDS VENTURES, INC., and that your provision of the User Content to BCDS VENTURES, INC. shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
BCDS VENTURES, INC. makes no warranties, express or implied, with regard to the Site, its operation, or your use of the Site, including but not limited to warranties of merchantability or fitness for a particular purpose. BCDS VENTURES, INC. makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site, the Internet, or other technology utilized to access the Site, nor does it warrant that the Site shall be free of computer viruses or other malicious content. BCDS VENTURES, INC. reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice. Further, while BCDS VENTURES, INC. utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.
IN NO EVENT SHALL BCDS VENTURES, INC. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF BCDS VENTURES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL BCDS VENTURES INC.’S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED FIVE HUNDRED DOLLARS ($500).
BCDS VENTURES, INC. may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by BCDS VENTURES, INC. of such sites or an affiliation between BCDS VENTURES, INC. and the owners of such sites, nor shall BCDS VENTURES, INC. be liable for the contents of such sites. BCDS VENTURES, INC. will also not be liable for any errors in such links, or for any malfunction of such links.
By using this Site, you agree to indemnify and hold harmless BCDS VENTURES, INC., its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you or an account or computer owned by you of the Site or the Content or your provision of User Content to BCDS VENTURES, INC.
Governing Law; Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of Michigan, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the state and federal courts located in Grand Rapids, MI.
The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to BCDS VENTURES, INC. in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.
Digital Millennium Copyright Act
It is our policy to respond to clear notices of alleged copyright infringement. This section describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
Any notices or information you need to send us in association with this User Agreement, including notifications of claimed copyright or intellectual property infringement, must be submitting in writing via certified mail to the following address:
Tanis & Herman PLLC
ATTN : Matthew Herman
85 Campau Ave NW, Suite 305
Grand Rapids, MI 49503
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) A description of the copyrighted work or other intellectual property that you claim has been infringed; 3) A description of where the material that you claim is infringing is located on the site; 4) Your address, telephone number, and email address; 5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.