These terms and conditions represent a legally binding agreement ("agreement") between BPG Properties, Ltd. ("we", "us" or "our") and each user of our Site ("you" or "your") and supersede all prior or inconsistent agreements relating to your use of our Site. Together with all other rules, regulations, procedures and policies which we refer to herein, this is the entire and exclusive agreement between you and us regarding your use of our Site. If you do not wish to be bound by this agreement, immediately stop using our Site, because by using our Site you will be indicating your assent and agreement to be bound by and subject to all the terms and conditions of this agreement. We reserve the sole right, at any time and from time to time, to change the terms of this agreement. When we post changes on our Site or otherwise notify you, they become effective and if you use our Site after that it will signify your agreement to be bound by the changes. You can always view the most current terms and conditions of this agreement in the Legal Notices portion of our Site and we recommend you check back regularly so you remain aware of the terms and conditions applicable to you.
The words "use" or "using" means any time an individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with display, view, print or copy from our Site, transmit, receive or exchange data or communicate with our Site or us, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of our Site, for any purpose whatsoever. The term "Site" means all web sites and web pages within www.bpgltd.com, as well as any mirror, replacement, substitute or backup sites, pages, resources and facilities controlled, owned or operated by us or on our behalf.
OWNERSHIP. All software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, reports, proprietary information and all copyrightable or otherwise legally protectible elements of our Site, including the selection, sequence, 'look and feel' and arrangement of items, and all trademarks, service marks and trade names ("Material"), are our property or the property of our affiliates, agents or suppliers and are legally protected under U.S. Federal and State, as well as foreign, laws, regulations and international treaties. You may not alter, delete or conceal any ownership or other legal notices on any Materials, even if you obtain our consent. You have our permission to download and print one (1) copy of our Materials solely for your personal, non-commercial use. Otherwise, you may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast, circulate or otherwise use any of our Material, without our written consent. Any unauthorized use, including a violation of these terms, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws.
REGISTERED USERS. Entry into the non-public portions of our Site is limited exclusively to users we designate, including, but not necessarily limited to, our investors and business partners. To find out more you must contact firstname.lastname@example.org. Designated users may select a unique user name and password combination (or we may assign an initial password which a designated user may change) to access the non-public portions of our Site ("ID"). Your ID is personal to you and you are solely responsible for maintaining its strict confidentiality and you may not allow others to use your ID. You are solely responsible and liable for your use of our Site, including use of your ID, whether by you or anyone else, until you notify us to terminate your ID or that your ID may have been compromised, misappropriated, taken or used by another. You are solely responsible for any and all charges, costs, expenses, damages, liabilities and losses incurred or suffered as a result of the use of your ID, whether by you or anyone else, and we are not liable for any damage caused by or otherwise related to the use, disclosure, theft or misappropriation of your ID, or if you allow or enable anyone else to use your ID. You should notify us immediately if you believe there is or may have been unauthorized activity using your ID.
SENDING US MESSAGES. If you need to communicate with us concerning your ID, for assistance or for any other reason related to your use of our Site, please send us an e-mail at email@example.com. You acknowledge and agree any communication with us and the information you provide on or through our Site is and will be considered to be non-confidential.
THIRD PARTY LINKS. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, participate in, use or obtain goods and services from third parties as a result of your use of our Site. The appearance, availability or use of hyperlinks or any re-direction of your connection to, with or through our Site, does not constitute an endorsement by us. We do not verify, monitor or have any responsibility for any third party sites, nor for content, goods or services associated with or obtained in connection with such sites and this agreement does not cover any of your rights or responsibilities related thereto. We are not responsible or liable in any way, in connection with these other sites or third parties, or for any representations, warranties, covenants or agreements that may exist between you and any third party or for any goods or services you may obtain from any third party. Your rights and responsibilities, including the protection and privacy of your information with respect to such third parties, is governed solely by whatever agreements apply between you and them, and not us.
GENERAL RULES. Your use of our Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You agree not to use, allow, enable, condone or facilitate others to use our Site in any manner that is, attempts, or is likely to:
be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;
adversely affect or reflect negatively on us, our Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any other party from using our Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so called "spamming";
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs, material or information;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or other rights of ours or any other; gain unauthorized access to our Site, any other user's ID or use our Site in any manner which violates or is inconsistent with this agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our site; or
collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other party, unless you have obtained the express, prior permission of such party to do so.
We may terminate your use of our Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or obligation of any kind whatsoever, to you or any other party.
LIMITATION OF LIABILITY. THIS SITE AND ALL MATERIALS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO GUARANTY OR ASSURANCE THE SITE, OR ANY MATERIALS, FEATURES OR FUNCTIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
YOU UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THAT NEITHER WE, NOR ANY OF OUR AFFILIATES, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT, RELIANCE ON ANY MATERIALS, USE OR OTHERWISE IN CONNECTION WITH OUR SITE, INCLUDING, BUT NOT LIMITED TO, ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM OR THE FORM OF ACTION OR EVEN IF ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to you.
INDEMNIFICATION. You agree to indemnify us and hold us, our affiliates, officers, directors, employees, agents, representatives and suppliers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach of this agreement by you. We reserve the right to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and, upon our request, you agree to fully cooperate with us in the defense of any such claim or action.
U.S. GOVERNMENT USERS. Use, duplication or disclosure of the Materials by the U.S. Government is subject to restrictions as set forth in FAR 52.227-14 et seq. and any other successor regulations that may be applicable.
APPLICABLE LAW AND INTERPRETATION. The Site is operated by us or on our behalf in the United States and your use of our Site is governed by the substantive laws of the Commonwealth of Pennsylvania applicable to contracts made, executed and wholly performed in Pennsylvania. To the extent it may be applicable, you agree with us, to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF OUR SITE OR WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.