RESOURCE CENTER TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (the “Terms and Conditions”) contain the terms and conditions governing access to and use of the Busch Systems Resource Center accessed through a Busch Systems website (including the website located at https://www.buschsystems.com/resource-center/ or any other Busch Systems website, collectively, the “Web Site”), and any and all services, features, tools and web applications made available through and in association with the Busch Systems Resource Center (collectively, the “Services”). The Services may be offered in connection with Busch Systems products that relate to or are associated with the Busch Systems Resource Center (the “Products”). The Terms and Conditions are set by Busch Systems International Inc. (“Busch Systems”, “We”, “we”, “Us”, “us”, “Our” or “our”) and are accepted by you (“You”, “you”, “Your” or “your”) upon your use of the Web Site and/or any Services. These Terms and Conditions govern your access and use of the Web Site and the Services. By accessing or using the functions of the Web Site and/or accessing or using the Services, you agree to be bound by these Terms and Conditions, including any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or Services of the Web Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions.
BY REGISTERING FOR AN ACCOUNT OR USING ANY OF THE SERVICES OR THE WEB SITE, YOU ARE SUBMITTING YOUR ACCEPTANCE TO THESE TERMS AND CONDITIONS AND ARE AGREEING TO BE BOUND BY AND BE A PARTY TO THIS BINDING CONTRACT.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, OR DO NOT HAVE THE AUTHORITY TO AGREE TO THEM ON BEHALF OF YOUR ORGANISATION, YOU ARE PROHIBITED FROM USING OR ACCESSING THE WEB SITE, YOU MUST NOT REGISTER FOR AN ACCOUNT WITH US AND MUST NOT USE THE SERVICES.
1. Changes to these Terms and Conditions. Busch Systems may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Terms and Conditions and/or impose new or additional rules, policies, terms, or conditions on You with respect to use of the Services and/or the Web Site, without specific notice to you. Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms”) will be effective immediately upon the Revised Terms being posted to the Web Site or by Busch Systems otherwise communicating them to You (as the case may be). Any continued use of the Services and/or the Web Site following such posting of the Revised Terms to the Web Site or Busch Systems otherwise communicating them to You, will be deemed to constitute acceptance of the Revised Terms. If we do update the Terms and Conditions and You do not agree to the Revised Terms, You must stop using the Services and the Web Site.
2. Copyright and Proprietary Rights.
(a) The Web Site contains proprietary information and material that is owned by Busch Systems, its subsidiaries, affiliates and/or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Without limiting the foregoing, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site, all information stored on and made available through the Web Site, and all documents, reports, forms, graphics, graphs, and other materials created or made available through the Site and/or the Services (collectively, the “Website Content”), are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. You acknowledge and agree that you will not use such proprietary information, materials or Website Content in any way whatsoever except for use of the Services and Web Site in compliance with these Terms and Conditions. All rights in the Web Site and the Website Content are reserved worldwide and the copying, redistribution, use or publication by you of any such Website Content or any part of the Web Site is strictly prohibited. It is strictly prohibited to retain, distribute, or use any portion of the Web Site or Website Content except as expressly allowed in these Terms and Conditions. Busch Systems and the authors of the Website Content maintain all moral rights in and to all Website Content published on the Web Site.
(b) The Web Site may contain trademarks, service marks, logos, icons and trade-names that are the property of Busch Systems (collectively, the “Busch Systems Trademarks”) or such other party as is indicated with respect to that trademark, service mark, logo, icon, or trade-name. You are not permitted to use the Busch Systems Trademarks for any purposes other than those specified in these Terms and Conditions.
4. Advertising and Promotions. The Third Party Content may include advertising or promotional material of third parties and Busch Systems may in its discretion advertise Busch Systems products or services or make available advertisements and promotions through the Web Site or Website Content. All such advertising and promotions are subject to availability and are made available on an “as-is” basis without warranty or representation of any kind. With respect to any third party advertising, Busch Systems reserves the right to add or remove advertising to or from the Web Site and/or the Services in its discretion, for any reason or without reason, and without specific notice to you. With respect to any advertising or promotion of or relating to any product or service of Busch Systems, Busch Systems reserves the right to amend, modify, extend or cancel any such advertising or promotion in its discretion and without specific notice to you.
5. Limited Right to Use. You may use the Web Site and Website Content for the sole purpose of accessing and using the Web Site and Services, including in connection with the use of Busch Systems’ Products. You acknowledge and agree that you will not use Busch Systems proprietary information, materials or Website Content in any way whatsoever except for use of the Web Site and Services in compliance with these Terms and Conditions. The download, retention, use, publication, copying, or redistribution by you of any such Website Content is strictly prohibited, and you do not acquire ownership rights to any Website Content or Busch Systems Trademarks or other materials viewed or accessed through the Web Site.
6. Submitted Content. All graphics, images, text, statements, feedback, comments or other information uploaded, posted, sent or otherwise made available or communicated by you to Busch Systems through the Web Site and/or the Services (collectively, the “Submitted Content”) will forever be the property of Busch Systems. YOU AGREE THAT BUSCH SYSTEMS SHALL BE FREE TO USE, COMPILE, PROCESS, ADAPT, DISCLOSE, REPRODUCE, LICENSE, DISTRIBUTE AND/OR OTHERWISE EXPLOIT THE SUBMITTED CONTENT AS BUSCH SYSTEMS SEES FIT IN ITS SOLE AND ABSOLUTE DISCRETION, ENTIRELY WITHOUT OBLIGATION OR RESTRICTION OF ANY KIND ON ACCOUNT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. The Submitted Content, even if designated as confidential by you, shall not, absent a separate written agreement between Busch Systems and you, create any confidentiality obligation for Busch Systems, and Busch Systems will not be liable for any ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Busch Systems products, services or operations.
7. Account Administration.
(a) You may receive an account registered with Busch Systems at a Web Site to enable you to use features of the Services (an “Account”).
(b) You agree to provide accurate, current, and complete information required to register or create an Account, and whenever information relating to You is required in connection with the Web Site or Services (the “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Busch Systems may terminate your right to access and/or use any or all of the Web Site, an Account or the Services if any information you provide is false, inaccurate or incomplete. You agree that Busch Systems may store and use the Registration Data you provide for use in maintaining and managing your Account, including, if applicable, credit card information for billing fees to your credit card.
(c) You are solely responsible for controlling access to your Account, and maintaining the confidentiality and security of your Account and related password information. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Busch Systems of any unauthorized use of your Account or any other security breach that you become aware of. Busch Systems shall not be responsible for any losses arising out of the unauthorized use of your Account.
(d) Your right to access and use the Web Site and Services is not transferable. Any password or right given to you to obtain the Services and access the Web Site is not transferable.
(e) Your access to the Web Site, an Account and/or the Services is completely at the discretion of Busch Systems, and we reserve the right to block, suspend or terminate your access to the Web Site, an Account and/or the Services at any time for any reason. You agree that Busch Systems may at its discretion and without prior notice delete your Account and any related materials including personal information, data, text, files, images and all other materials.
8. User Conduct. You agree to use the Web Site, the Services or any functionality of the Web Site or Services, and your Account in a responsible manner that is in full compliance with these Terms and Conditions, and with your local laws and regulations. You shall not, and you agree not to use the Web Site or any Services to:
(a) post or transmit any material which (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, hurtful, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane or otherwise objectionable, or (iii) contains or links to software viruses or any other computer code, files or programs designed to (or that operates to) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Web Site;
(b) download, retain, modify, translate, use, publish, distribute, reproduce, copy, or transfer any right to use the Website Content, except as expressly permitted by these Terms and Conditions;
(c) use or attempt to use another person’s Account, Services, or personal information, or impersonate another person or entity;
(d) remove, circumvent, disable, damage or otherwise interfere with any access control or security-related features of the Web Site or the Services;
(e) advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users of the Web Site;
(f) restrict or inhibit any other person from using or enjoying the Web Site or the Services offered through the Web Site;
(g) copy, mirror, alter, disassemble, decompile, create derivative works based on, or reverse engineer the Website Content or any portion thereof, including any aspect or feature of the Services;
(h) engage in practices such as “screen scraping”, “database scraping” or “automated form filling” to retrieve, test or obtain lists of users, orders or other information generated or processed by or stored via the Web Site, any Account or the Services;
(i) remove, modify or alter any Busch Systems copyright, trademark or other proprietary rights notices from any part of the Web Site or the Services, or upload, post or otherwise make available on or through the Web Site and/or the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right;
(j) sell, resell, license, sublicense, rent, lease, lend, market, transfer, assign, distribute, offer in a service bureau, time share, or otherwise part with or make available to any third party, in whole or in part, any part of the Web Site, any Account or the Services; or
(k) other than use of the Web Site and the Services by you in accordance with these Terms and Conditions, offer, for a fee or free of charge, services consisting of processing data through the use of the Web Site or the Services.
9. Changes to Accounts and Services.
(a) Busch Systems reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend an Account or any of the Services. Busch Systems may impose limits on all or certain features of the Services or restrict your access to part or all of the Services or the Account without notice or liability. Busch Systems reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services, with or without notice.
(b) Your access to the Web Site, an Account and/or the Services is completely at the discretion of Busch Systems, and Busch Systems reserves the right to block, suspend or terminate your access to the Web Site, an Account and/or the Services at any time for any reason, including non-compliance with these Terms and Conditions and/or any violation of applicable laws or regulations.
10. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff, advertisers, product and service providers, affiliates, and all parties from whom Busch Systems has licensed portions of Website Content, and their directors, officers, and employees, harmless from and against any and all liability, loss, damage, claim, cost and expense, including reasonable attorney's fees, arising out of or related to: (i) your breach of these Terms and Conditions; (ii) your use of the Web Site or the Services; (iii) any action taken by Busch Systems as part of its investigation of a suspected violation of these Terms and Conditions; or (iv) your violation of any third party intellectual property or other rights in relation to your use of the Web Site or the Services. Busch Systems reserves the right, subject to indemnification by you, to assume the exclusive defence and control of any matter initially subject to your defence, indemnification and hold harmless obligations herein, and you shall not in any event settle any matter without the prior written consent of Busch Systems.
11. Disclaimer. THE SERVICES, THE WEB SITE, THE WEBSITE CONTENT, AND THE INFORMATION AVAILABLE FROM OR THROUGH THE WEB SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE). ALL SUCH WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION HOSTED ON THE WEB SITE, THE WEBSITE CONTENT, AND THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BUSCH SYSTEMS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEB SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT INFORMATION AVAILABLE THROUGH THE WEB SITE OR THE SERVICES WILL BE ACCURATE OR ERROR-FREE, OR THAT THE WEB SITE, THE WEBSITE CONTENT AND/OR THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BUSCH SYSTEMS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU AGREE THAT, FROM TIME TO TIME, BUSCH SYSTEMS MAY TAKE DOWN OR REMOVE THE WEB SITE AND/OR SERVICES OR ANY FUNCTIONALITY THEREOF, FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES OR ANY OF THEM AT ANY TIME, WITHOUT NOTICE TO YOU.
12. Exclusions and Limitations of Liability.
(a) You agree that we, and our directors, officers, employees, agents or other representatives, will not be liable for any direct, special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from or relating to: (1) suspension, loss or interruption of the Services; (2) your use of the Web Site and/or the Services; (3) interruption of the Services or any aspect or functionality of the Web Site; (4) loss or liabilities resulting from acts or events beyond our control; (5) data non-delivery, mis-delivery, corruption, destruction or other modifications; or (6) damages or consequences arising from or related to the inappropriate or unauthorized use of the Web Site, the Website Content and/or the Services.
(b) IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, THAT MAY RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR THE SERVICES, FAILURE OF BUSCH SYSTEMS TO PROVIDE THE WEB SITE OR THE SERVICES, THE LOSS OF DATA, PERFORMANCE OF THE WEB SITE AND/OR SERVICES, NON-PERFORMANCE OF THE WEB SITE AND/OR SERVICES, AND/OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, IN ALL CASES WHETHER OR NOT BUSCH SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SAME.
(c) OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM AGGREGATE LIABILITY OF BUSCH SYSTEMS’ REPRESENTATIVES, ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO TEN DOLLARS ($10) CANADIAN.
(d) THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THESE TERMS AND CONDITIONS, ANY ACCOUNT, OR YOUR ABILITY OR RIGHT TO USE THE WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. Electronic Messages. As part of registering for the Busch Systems Resource Center, you may be asked whether you consent to receive commercial electronic messages from us, including, without limitation, email, push messaging or SMS messages. Such consent is not required to participate in the Busch Systems Resource Center. If you consent to receive electronic messages from us through the Busch Systems Resource Center, such consent will be governed by the terms that you agreed to when you provided your consent. In addition, if you consent to receive such electronic messages, such electronic messages may be subject to text message and data rates from your telecom provider. If you consent to receive electronic messages from us and wish to no longer receive such electronic messages, you can click “unsubscribe” on any of those electronic messages, at any time.
16. Proposed Service Offerings. All descriptions of proposed services are based on assumptions subject to change and you should not rely on the availability or functionality of such proposed services until they are actually offered through the Web Site.
17. Information and Press Releases. The Web Site may contain information and/or press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in a press release or other information on the Web Site, should not be relied upon as being provided or endorsed by us
18. Governing Law. These Terms and Conditions and all matters relating to your use of the Services and the Web Site shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms and Conditions shall be brought solely in the courts of the Province of Ontario.
19. Entire Agreement. These Terms and Conditions constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.
20. Limitation Period. Any cause of action by you with respect to the Web Site or the Services (and/or any information related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
21. Remedies. No remedy conferred upon or reserved in our favour under these Terms and Conditions will exclude any other remedy so conferred or reserved or existing at law or in equity but each will be cumulative and in addition to every other remedy given under these Terms and Conditions or existing at law or in equity
22. Severability. Should any part of these Terms and Conditions or the application thereof to any person or circumstances, to any extent, be held invalid or unenforceable, that portion shall be modified so as to be enforced to the fullest extent permitted at law and the remaining portions, or the application of such part to persons or circumstances other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each part of these Terms and Conditions shall be separately valid and enforceable to the fullest extent permitted by law.
23. No Agency. No agency, partnership, joint venture or franchise relationship is implied, intended or created by these Terms and Conditions, the provision of an Account, or the provision of any Services.
24. No Waiver. Our failure to enforce or insist upon strict compliance with any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
25. Choice of Language. The parties acknowledge that they require that these Terms and Conditions be drawn up in the English language only. Les parties reconnaissent qu’elles ont exigé que la présente convention soit rédigée en langue anglaise seulement.
26. Complaints. If you would like to make a complaint regarding the Services, another user, any Website Content or anything you have viewed on the Web Site, please submit an email to us at firstname.lastname@example.org with subject line that includes "Complaint". Include as much detail as possible. Please note that we are under no obligation to take any action against another user or other person unless required by law. Busch Systems endeavors to answer complaint e-mails within a commercially reasonable timeframe.