Terms & Conditions

LEGAL NOTICES – BUSINESS SOFTWARE, INC. (“BSI”)

Welcome to BSI’s website (“BSI’s Website”). The following terms and conditions will govern your use of BSI’s Website, so please review carefully. By accessing, using or downloading any materials from BSI’s Website, you agree to follow and be bound by the following terms and conditions (the “Terms”). If you do not agree to these Terms, please do not use BSI’s Website.

GENERAL USE

All materials provided on BSI’s Website, including, but not limited to, any and all information, documents, products, logos, graphics, sounds, images, software, and services thereon (“Materials”), are provided either by BSI or its respective third party suppliers (“Third Party Suppliers”). BSI and its Third Party Suppliers retain all right, title and interest in and to BSI’s Website and the Materials thereon, including those rights, as applicable, in United States copyright, patent, trademark and other applicable laws and international treaty provisions. Any unauthorized use of BSI’s Website, and/or any Materials thereon, may violate BSI’s and/or its Third Party Suppliers’ rights in copyright law, trademark law, the laws of privacy and publicity, and/or violate applicable communications regulations and statutes, in addition to the Terms set forth herein and/or other contractual obligations you may have to BSI and/or its Third Party Suppliers. You represent and warrant that you shall only use BSI’s Website and the Materials thereon, as expressly permitted and/or authorized by BSI. Except where expressly provided otherwise by BSI, nothing on BSI’s Web Site shall be construed to confer any license or intellectual property rights in or to BSI’s Website, or any Materials thereon, whether by estoppel, implication, or otherwise. Materials provided by Third Party Suppliers have not been reviewed, tested, certified, or authenticated by BSI and BSI does not guarantee their fitness, completeness or accuracy.

RESTRICTIONS ON USE

Except as expressly permitted by BSI, you shall not (i) use, copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means, including but not limited to electronic, mechanical, photocopying, or recording, BSI’s Website, or any Materials thereon;(ii) alter or permit a third party to alter any part of BSI’s Website, or any Materials thereon; (iii) resell access or use of BSI’s Website, or any Materials thereon, or any part or component of the foregoing, (iv) process or permit to be processed, through the use of any part of BSI’s Website, or any Materials thereon, the data of any third party; (v) use BSI’s Website, or any Materials thereon, or any part or component of the foregoing, in the operation of a service bureau; (vi) disassemble, decompile, reverse engineer or otherwise attempt to derive source code from BSI’s Website, or any Materials thereon; (vii) transmit to BSI’s Website, or any Materials thereon, any computer virus, harmful component, or corrupted data or take any other action that adversely affects the performance or availability of BSI’s Website, or any Materials thereon; (viii) send unsolicited advertising or promotional materials (including, without limitation, “spam” or bulk e-mail and/or “chain”-type letters) to BSI’s Website or facilitate or promote activities thereon that constitute gambling; (ix) attempt to circumvent the user authentication or security of BSI’s Website or any host, network, or account related thereto, including, but not limited to, accessing, or attempting to access, data not intended for you or logging into, or attempting to log into, a server or account for which you are not expressly authorized; (x) mirror either BSI’s Website, or any Materials thereon, or any part or component of the foregoing, on any other server;or (xi) make any use of BSI’s Website, or any Materials thereon, that violates any applicable local, state, national, international or foreign law. Except as expressly permitted by BSI, in no event shall you (a) enable any third party(ies), including, but not limited to, Service Providers, application or otherwise, Outsourcers, Implementation Partners, Consultants and/or Subcontractors, to possess, use, access or otherwise employ any user identifications(s), code(s), password(s), user key(s) and/or procedure(s) issued to, and/or selected by, you to gain access to BSI’s Website, and/or any Materials thereon; (b) enable any third party(ies), including, but not limited to, Service Providers, application or otherwise, Outsourcers, Implementation Partners, Consultants and/or Subcontractors, to possess, use access, or otherwise employ any Materials made available to you on or through BSI’s Website.

COMMUNICATION

Communications by or through BSI’s Website can occur in real time and in some instances may be posted on message boards, bulletin boards, or contained within file libraries. You acknowledge that BSI and its Third Party Suppliers cannot, and do not intend to, screen any communication in advance for accuracy, completeness, or conformity with the Terms, or any other agreement entered into between you and BSI or its Third Party Suppliers, or any applicable laws. Accordingly, you acknowledge that neither BSI, nor any of its Third Party Suppliers, shall assume or have any liability whatsoever to you or any other party for any action or inaction by BSI or its Third Party Suppliers with respect to communications made by or through BSI’s Website.

NO WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BSI, USE OF BSI’S WEBSITE, INCLUDING USE OF THE MATERIALS THEREON, AND THE INTERNET GENERALLY, IS AT YOUR OWN RISK AND BSI’S WEBSITE, INCLUDING THE MATERIALS THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED; BSI WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO BSI’S WEBSITE, AND THE MATERIALS THEREON, AVAILABLE TO YOU THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS BSI’S WEBSITE, OR THE MATERIALS THEREON, AT ANY PARTICULAR TIME OR AT ANY PARTICULAR LOCATION; BSI AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE OF BSI’S WEBSITE, GENERALLY, AND ANY MATERIALS THEREON, PARTICULARLY, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF BSI’S WEBSITE, GENERALLY, AND ANY MATERIALS THEREON, PARTICULARLY, WILL BE UNINTERRUPTED OR ERROR-FREE;

NO LIABILITY

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BSI, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BSI OR ITS THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS IN BSI’S WEBSITE GENERALLY, AND ANY MATERIALS THEREON, PARTICULARLY; BSI AND ITS THIRD PARTY SUPPLIERS SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, RESULTING FROM, OR RELATING IN ANY MANNER TO THE USE OR INABILITY TO USE BSI’S WEBSITE GENERALLY, AND ANY MATERIALS THEREON, PARTICULARLY, EVEN IF BSI AND/OR ITS THIRD PARTY SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SAME; YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH BSI’S WEBSITE, AND THE MATERIALS THEREON, AND YOU WILL NOT MAKE A CLAIM AGAINST BSI FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF BSI’S WEBSITE, AND/OR THE MATERIALS THEREON.

EXPORT CONTROL

You acknowledge and agree that the Materials on BSI’s Website are subject to U.S. Export Administration Laws and Regulations and that the diversion of such Materials contrary to U.S. law is prohibited. You represent and warrant that none of the Materials on BSI’s Website, nor any direct product therefrom, is being, or will be, acquired for, or shipped, transferred, or re-exported, directly or indirectly, to, any proscribed or embargoed countries, or their nationals, nor will such Materials be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. If you use BSI’s Website, or any Materials thereon, from any location other than the United States of America, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. In addition, you are responsible for any local laws in your jurisdiction that may impact your right to use BSI’s Website and/or the Materials thereon.

GENERAL

BSI and its Third Party Suppliers may make improvements and/or changes to BSI’s Website or the Materials thereon, including, but not limited to, changes to the products, services, and programs described therein, at any time without notice. Any action related to these Terms will be governed by and construed in accordance with the laws of the state of Georgia, U.S.A., excluding its conflicts of law principles. These Terms represent the entire understanding relating to the use of BSI’s Website and the Materials thereon; provided, however, that nothing contained herein shall supercede any other agreement entered into between you and BSI, and/or BSI’s authorized sublicensors, resellers or Third Party Suppliers, pertaining to BSI’s Website and/or the Materials thereon. BSI reserves the right to revise these Terms at any time without notice by updating this Legal Notices posting.

STOCK PHOTOGRAPHY

CONTACT INFORMATION

If you have any questions about these Terms, or if you would like to request permission to use any Materials contained on BSI’s Website, please contact BSI’s Contracts Department at 770-449-3200.