All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to BVDS, and is protected by copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
3. Your Use of the Site
4. Account Access and Passwords
The member who created the BVDS account and whose Payment Method is charged (the "Account Owner") has access and control over the BVDS account and is responsible for any activity that occurs through the BVDS account, including subordinate user accounts. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, BVDS or our partners from identity theft or other fraudulent activity. BVDS is not obligated to credit or discount a membership for holds placed on the account by either a representative of BVDS or by the automated processes of BVDS.
Each user account is associated with one individual and is not to be shared among individuals. As such, each individual should not reveal their password to anyone.
5. Billing and Cancellation
Billing Cycle. The subscription fee for the BVDS Site and any
other charges you may incur in connection with your use of the Site, such as
taxes and possible transaction fees, will be charged to your Payment Method on
the specific billing date indicated on your "Manage Subscription"
page. Subscription fees are fully earned upon payment. In some cases your payment
date may change, for example if your Payment Method has not successfully settled
or if your paid membership began on a day not contained in a given month.
Payment Methods. To use the BVDS Site you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Site until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Cancellation. You can cancel your BVDS subscription at any time, and you will continue to have access to the BVDS Site through the end of your billing period. To cancel, go to the "Manage Subscription" page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the Site through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
6. Disclaimers of Warranties and Limitations on Liability
THE BVDS SITE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER
FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BVDS SITE, ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND. BVDS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR
USE OF THE BVDS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. BVDS DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE, QUALITY, VALIDITY, ACCURACY, OR
RELIABILITY OF THE INFORMATION ON THE SITE OR ANY SITES LINKED TO THE SITE.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BVDS, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS BVDS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), BVDS, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY
BVDS AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO BVDS FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.
7. Governing Law and Jurisdiction
8. No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.