Purpose of BSW Design Website
The BSW Design Website is operated for the purpose of providing general information about our companies, and the separate businesses of certain of our affiliated companies. The BSW Design Website is not operated for advertising or marketing purposes. Nothing on the BSW Design Website should be regarded as an offer to sell, or a solicitation of an offer to buy, any product of any BSW Design-affiliated company. Such products are sold only in compliance with the laws of the particular jurisdictions in which they are sold.
Conduct on the Site
Some features that may be available on the BSW Design Website require registration. By registering at and in consideration of your use of the BSW Design Website you agree to provide true, accurate, current and complete information about yourself.
You or third parties acting on your behalf are not allowed to frame the BSW Design Website or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the BSW Design Website without our express written consent. Further, you may not utilize any BSW Design Website content in any meta tags or any other “hidden text” techniques or technologies without our express written consent.
The BSW Design Website may include links to other sites, some of them operated by other BSW Design-affiliated companies and some of them operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all of the information on other third party sites and are not responsible for the content of any other third party sites or any products or services that maybe offered through other third party sites. Third-party sites may contain information with which we do or do not agree. Inclusion of links to other sites should not be viewed as our endorsement of the content of linked sites. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked third party sites.
Accuracy, Completeness and Timeliness of Information on This Site
We are not responsible if information made available on the BSW Design Website is not accurate, complete or current. The material on the BSW Design Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the material on the BSW Design Website shall be at your own risk. The BSW Design Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the BSW Design Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the BSW Design Website.
Use of Materials From This Site
The BSW Design Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are BSW Design’ property or its licensors, and is protected by copyright, trademark and other laws of Canada and other countries. We authorize you to browse through the BSW Design Website and print and download copies of material on the Website for your personal, noncommercial use only, so long as you do not remove any copyright, trademark or other proprietary notices that appear on the material you copy, print or download. Any other use of content on the BSW Design Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the BSW Design Website, or use of the BSW Design Website for purposes competitive to BSW Design, is expressly prohibited.
You agree to abide by all additional restrictions displayed on the BSW Design Website as it maybe updated from time to time. We reserve the right to refuse or cancel any person’s registration for the BSW Design Website, remove any person from the Website or prohibit any person from using the Website for any reason whatsoever. We or our affiliates retain full and complete title to the material provided on the BSW Design Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials on the BSW Design Website will not infringe rights of third parties not affiliated with BSW Design.
You may not use contact information provided on the BSW Design Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the BSW Design Website or to surreptitiously intercept any system, data or personal information from the BSW Design Website. You agree not to interrupt or attempt to interrupt the operation of the BSW Design Website in any way. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the BSW Design Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
Materials You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the BSW Design Website any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain malicious software, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the BSW Design Website.
The BSW Design Website features logos and other trademarks and service marks that are the property of, or are licensed to, various companies affiliated with BSW Design. The BSW Design Website may also include trademarks or service marks of third parties. All of these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner. Nothing on the BSW Design Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed on the BSW Design Website without the owner’s prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the BSW Design Website and their content. The BSW Design Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Canada and other countries.
Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that our visitors do the same. If you think that your work has been copied in a manner that constitutes copyright infringement, you may notify us via our Contact form.
To be effective, your notification must include substantially the following:
- a description of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the BSW Design Website;
- your name, address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that content has been taken down improperly from the BSW Design Website or that access to material on the BSW Design Website was improperly disabled, you may notify us via our Contact form. Such counter-notification must contain the following information:
- a description of the material that you claim has been improperly removed or to which you believe access has been improperly disabled and the location at which the material appeared before it was removed or access was disabled;
- a statement by you that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which such address is located or, if your address is outside of the United States, to any judicial district in which BSW Design may be found.
Securities of BSW Design and Affiliated Companies
We are not providing investment advice through the BSW Design Website, and the material on the BSW Design Website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of BSW Design or any affiliated company. If you decide to use any material available on the BSW Design Website in assessing whether to buy or sell securities of any BSW Design-affiliated company, please be aware that the material on this site should be used for general information only.
YOUR USE OF THE BSW DESIGN CORPORATE WEBSITE IS AT YOUR SOLE RISK. THE BSW DESIGN CORPORATE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE BSW DESIGN WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE BSW DESIGN WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE BSW DESIGN WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE BSW DESIGN WEBSITE WILL BE SECURE; THAT THE BSW DESIGN WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE MALWARE-FREE; OR THAT INFORMATION ON THE BSW DESIGN WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THE BSW DESIGN WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE BSW DESIGN WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE BSW DESIGN WEBSITE OR THE USE OF THE MATERIALS ON THE BSW DESIGN WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE BSW DESIGN WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE BSW DESIGN WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE BSW DESIGN WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BSW DESIGN, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE BSW DESIGN WEBSITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE BSW DESIGN WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS, INCLUDING ELECTRONIC MAIL MESSAGES, YOU SEND TO US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, MALICIOUS SOFTWARE, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE, TORT OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER US NOR OUR AFFILIATES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE BSW DESIGN WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE BSW DESIGN WEBSITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BSW DESIGN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE BSW DESIGN WEBSITE OR OF THE SYSTEMS TRANSMITTING THE BSW DESIGN WEBSITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THAT DISRUPTION.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
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