Terms and Conditions
1. Use of Site
The Site and all content on this Site (the "Content") are owned by BCA or its partners, affiliates, contributors or third parties who have authorized use of the Content of this Site and are protected by U.S. and/or foreign copyright laws. Any unauthorized use of the Content may violate United States of America copyright law, international conventions, the laws of privacy and publicity, communications regulations and statutes, and other laws. You may view, download and reprint Content for non-commercial, non-public, personal use only provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. You must not distribute, reproduce, publicly display, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, software, audio or video, for any business, commercial or public purpose. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted in by BCA. You may not manipulate or alter in any way images or other Content on the Site.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. BCA trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to BCA (collectively, the "Trademarks") displayed on the Site, are registered and unregistered marks of BCA as the case may be. All other trademarks, trade names, product names, service marks and all other non-BCA marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of BCA or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on this Site, or any other content on the Site is strictly prohibited.
4. Links to Third-Party Web Sites
5. Linking to this Site
If you would like to link to the Site, you must follow these guidelines. Unless specifically authorized by BCA, you may not connect "deep links" to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
6. Downloading Files
BCA cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
7. Availability of Service
The service displayed on this Site is intended for sale in the United States only and may not be available for purchase in your particular country or locality. The reference to such service in the Site does not imply or warrant that this service will be available at any time in your particular location. You may not use, export, or re-export the Content, Software or service on this Site in violation of any applicable laws or regulations, including, without limitation, United States exports laws and regulations.
SITE INFORMATION REGARDING BCA SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION WILL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY BCA WITH RESPECT TO ANY SERVICE AND BCA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.
8. Disclaimer of Warranties
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. BCA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE, OR THE CONTENT. BCA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BCA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BCA DOES NOT REPRESENT OR WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. BCA DOES NOT REPRESENT OR WARRANT THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
9. Limitation of Liability
BCA ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IN NO EVENT SHALL BCA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
11. User Conduct
• Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by BCA.
• Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
• Obtain unauthorized access to any computer system.
• Impersonate any other person including but not limited to, a registered user of this Site or an employee of BCA.
• Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
• Misrepresent the identity of a user or use a false e-mail address.
• Tamper with or obtain access to this Site or any component of this Site.
• Conduct fraudulent activities.
• Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
Any use of the Content on any other web site or networked computer environment for any purpose is prohibited.
12. Governing Law
A cookie is a data file that is placed on your hard drive by a web site. It acts as a unique identifier for your computer, but cannot be used to identify any individual, only machines. A cookie is used for authenticating, tracking, and maintaining specific information about users, such as site preferences and previous visits to the site. In some cases, the cookie stores user ID, name and address information, so that the user does not have to re-enter this same information.
Deciding on How to Receive Promotional Communications from BCA
BCA may send you promotional e-mail about products or services that we hope will be of interest. You can choose to discontinue receiving such promotional e-mail. Each promotional e-mail we send contains a link allowing you to discontinue future e-mail from us. You may also send your request to unsubscribe at any time to email@example.com indicating the e-mail address you wish to unsubscribe. Or, you may call or write us to discontinue receiving future e-mails.
Contact Us for More Information
Building Conservation Associates, Inc.
158 West 27th Street
New York, New York 10001
14. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BCA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. BCA does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to BCA, Attn. Website Manager, 158 West 27th Street, New York, NY 10001.
e. BCA makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Posted on March 8, 2010