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June 23, 2017

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Copyright © 2004-2017
BCC Software, LLC
All rights reserved.

BCC Software Customer Portal End-User License Agreement

Conditions of Use

Welcome to the BCC Software Web Portal. By using the BCC Software Web site YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the BCC Software Web site. The policies of BCC Software Web Portal may differ substantially from those applicable to your use of the BCC Software Web site.

References to BCC Software and BCC Software Web Portal herein refer to BCC Software, or their affiliates, subsidiaries and designees as deemed appropriate by BCC Software.

BCC Software reserves the right to make changes to the BCC Software Web Portal and its Conditions of Use and Legal Notices at any time. Each time you use the BCC Software Web Portal, you should visit and review the current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the BCC Software Web Portal Web site, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the BCC Software Web Portal site.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Disclaimers and Limitation of Liability

By using the BCC Software Web Portal site, you expressly agree that use of the BCC Software Web Portal site is at your sole risk. The BCC Software Web Portal site is provided on an "AS IS" and "as available" basis. Neither BCC Software nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the BCC Software Web Portal site will be uninterrupted or error-free. Neither BCC Software nor its Associates warrant the accuracy, integrity or completeness of the content provided on the BCC Web Portal site or the products or services offered for sale on the BCC Software Web Portal site. Further, BCC Software makes no representation that content provided on the BCC Software Web Portal site is applicable to, or appropriate for use in, locations outside of the United States. BCC Software and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by BCC Software or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall BCC Software or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the BCC Software Web Portal site, including but not limited to reliance by you on any information obtained from the BCC Software Web Portal site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. BCC Software utilizes industry accepted security systems in an attempt to eliminate unauthorized access to private information. By using the BCC Software Web Portal site, you expressly agree to not hold BCC Software nor its Associates liable in the event of unauthorized access and subsequent use of your company and/or personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of BCC Software has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the BCC Software Web Portal site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

User Forum Rules and Disclaimer

The BCC Software User Forum hosted and sponsored by BCC Software as a free service to its current customers and subscribers and is intended for the posting, viewing and retrieving of unofficial information by the forum users. Information on this service should not be construed to represent the policies or positions of BCC Software Information from this service may be distributed or copied, subject only to any indicated copyright restrictions and normally accepted procedures for properly crediting sources. If you agree to the rules and standards, please use this service. If you do not agree, please log out and do not use this service.

BCC Software will monitor this service and provide help and assistance where appropriate. Considering the real-time nature of this forum, it is impossible for BCC Software to review all messages or confirm the validity of information posted. Further, BCC Software cannot always actively monitor the contents of posted messages and cannot be responsible for any messages posted by others. BCC Software does not vouch for or warrant the accuracy, completeness or usefulness of any message, and is not responsible for the contents of any message. The messages express the views of the author of the message only. Any user who feels that a posted message is offensive or objectionable is encouraged to contact us at 800-624-5234 or email to info@bccsoftware.com. BCC Software reserves the right to remove objectionable messages or offending users at its sole discretion.

You agree, through your use of this service, that you will not use the BCC Software User Forum to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law. You agree not to post any copyrighted material unless the copyright is owned by you.

Although BCC Software does not and cannot review all of the messages posted and is not responsible for the content of any of these messages, BCC Software reserves the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless BCC Software with respect to any claim based upon the transmission of your message(s).

BCC Software also reserves the right to reveal your identity (or whatever information it knows about you) in the event of a legal action or complaint arising from any message posted by you.

Please note that advertisements (except those posted under the Used Equipment topic), chain letters, pyramid schemes, and solicitations or “Spam” are not permitted on the BCC Software User Forum and will be removed if posted.

Violations of any of these policies may result in the suspension of your ability to access the BCC Software User Forum.

BCC Software will not censure or edit postings made by users except in the following circumstances:

  • Postings that may be interpreted as obscene or in poor taste.
  • Postings that may be considered offensive or potentially libelous toward any individual or group.
  • Postings that may contain copyrighted or otherwise illegal material.
  • Postings that relate to staff recruitment or job searches.
  • Postings that are advertisements for products or services. (Except postings for products under the Used Equipment Topic.)

Errors on Our Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and BCC Software reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BCC Software will issue a credit to your credit card account in the amount of the original charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with BCC Software’s Return Policy.

Sales Tax Policy

Because BCC Software does business throughout the United States and collects and remits sales tax as required by law, the BCC Software Web Portal site also collects and remits sales tax as appropriate. If you have tax-exempt status, please contact our Finance office at 585-272-9130. You will be required to provide your state tax-exempt certification prior to purchase. Please note, BCC Software reserves the right not to sell to resellers.

Paying for Your Order

You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card. Additionally, based on your company’s standing, you may be able to use a purchase order to complete your purchase.

Generally, credit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.

Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. BCC Software reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Order Limitations/Limited Quantities

BCC Software may, at its own discretion, limit or cancel quantities purchased. BCC Software also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same BCC Software Web Portal site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. BCC Software, reserves the right to limit or prohibit sales to dealers.

Shipping

All orders placed on this site are subject to product availability and will be shipped according to BCC Software’s shipping policies.

In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.

Termination of Use

BCC Software may, in its sole discretion, terminate your account or your use of the BCC Software Web Portal site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. BCC Software reserves the right to change, suspend, or discontinue all or any aspects of the BCC Software Web Portal site at any time without prior notice.

       
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