BSI Terms and Conditions
1. PROVISION OF SERVICES/ACCEPTANCE OF TERMS
Billing Solutions, Inc. d/b/a Bank VOD ("BSI" or “we”, “us” and/or “our”) welcomes you. BSI provides access to BSI Services (defined below) to you subject to these Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to you. “You” or “your” means you, the Individual using the BSI Services, and, jointly and severally, the entity or organization that is using the BSI Services through or because of you. You represent and warrant that the individual using the BSI Services can bind the forgoing entity or organization to these TAC. You can review the most current version of these TAC at any time at www.bankvod.com . By accessing the BSI Services, you accept and agree to be bound by the terms and provision of these TAC. In addition, when using BSI Services you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these TAC. Your continued use of the BSI Service following BSI’s notice or posting of changed TAC will constitute your acceptance of such changes. It is your responsibility to check regularly for changes to these TAC and ensure that any contact information you provide to BSI is updated and correct. After you have enrolled for the BSI Service, as noted below, if these TAC or any future changes are unacceptable to you, your sole remedy is to cancel your participation in the BSI Service.
2.YOUR ENROLLMENT AND CERTAIN OBLIGATIONS
BY UTILIZING THIS WEBSITE, AND/OR BY COMPLETING THE ENROLLMENT PROCESS AND CLICKING THE "I ACCEPT" BUTTON, AND/OR IN CONSIDERATION OF YOUR USE OF THE BSI SERVICES YOU: (a) agree to be bound by these TAC, and (b) represent, covenant and warrant that, (i) if you are an individual, you are 18 years old or older or; if you are an entity, that you are a corporation, partnership, or other legal entity duly formed in good standing where required to do business with all legal authority, and (ii) you have the power and authority to enter into and perform under these TAC, and you are not a person (or an entity, and/or representing an entity) barred from receiving the BSI Services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information, including but not limited to your email address, and billing and payment-related information and other account information, about yourself and any entity, as prompted by the BSI Service's enrollment form, or otherwise ("Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete, and (c) carefully and fully follow all BSI instructions, such as filling out and transmitting a cover sheet.
In addition, you represent, warrant, and covenant that: (i) your use of a BSI Service is solely for lawful purposes, (ii) all information you provide to BSI in whatever media or medium is free of viruses, Trojan horses, trap doors, backdoors, Easter eggs, logic bombs, worms, time bombs, cancelbots, and/or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any BSI data, information, systems and/or equipment, (iii) submission of information by you to BSI will not: cause damage to a user’s computer, download a software application(s), change a user’s settings, or create a series of multiple, sequential, stand-alone advertisements (including by pop-up window or pop-under window), (iv) the information you provide to BSI, and/or any act or omission by you relating to the BSI Services: (a) do not violate any applicable law, statute, directive, ordinance, treaty, contract, or regulation, or BSI policies or guidelines (collectively, “Laws”), (b) do not infringe any copyright, patent, trademark, trade secret, or other intellectual property right of any person or entity, (c) do not breach any duty toward, or rights of, any person or entity, including rights of publicity and/or privacy, (d) are not false, deceptive, misleading, unethical, defamatory, libelous, or threatening, and (e) do not (as determined by BSI) reflect poorly on or tarnish the business, reputation or goodwill of BSI, (v) you will not reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of any BSI Service, or any aspect or portion thereof, (vi) you will not alter or remove any identification, trademark, copyright, or other notice from any aspect of the BSI Services, and (vi) you will comply with any trade sanction, and/or import or export regulation that applies to your use of the BSI Services, and obtain all necessary licenses to use, export, re-export, or import BSI Services, as applicable.
If you provide any information that is untrue, inaccurate, not current or incomplete, fail to promptly update Your Data to keep it true, accurate, current and complete, and/or you are in breach of these TAC, and/or BSI has grounds to suspect that (i) information you provided is untrue, inaccurate, not current or incomplete, and/or such information is in violation of these TAC, and/or (ii) you are and/or or shall be in breach of these TAC, in addition to all other rights and remedies available to BSI, BSI has the right to suspend or terminate your account and refuse any and all current or future use of the BSI Services (or any portion thereof).
3.DESCRIPTION OF BSI SERVICES
“BSI Services” are any and all products and/or services provided to you by BSI, including, without limitation, through this and/or any other website of BSI, and/or any web presence of BSI. BSI Services, also include, without limitation, BSI Services modified, amended, deleted or added to (including, without limitation new or different features, updates and/or augmentations), at any time, with or without notice. Without limiting the foregoing, BSI Services may include, but are not necessarily limited to: Verification of Deposit, Re-Verification/Quality Audit, Business Inquiry, Verification of Mortgage, Loan Payoff, Verification of Employment, 4506-T Tax Transcript, SSN Verification, and forms, advertisements, and communications from BSI, if any (such as, but not limited to service announcements, administrative messages and the BSI newsletter). Unless explicitly stated otherwise in a prior signed writing by an authorized representative of BSI, the BSI Services shall be subject to these TAC.
You are responsible for obtaining access to the BSI Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the BSI Services.
You understand and agree that the technical processing and transmission of the BSI Services, including Content (defined below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
b. Any information provided to you pursuant to the BSI Services shall only be utilized for your internal purposes and, without limiting the foregoing, only for the purpose for which the information was provided to you. Without limiting the previous sentence, and notwithstanding any other provision of this Agreement which may be to the contrary, information provided to you pursuant to the BSI Services shall not be used, whether directly or indirectly, by you for marketing, sales, and or the creation of or augmentation of any product(s) and/or service(s).
5.ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the BSI Services’ enrollment process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BSI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BSI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not BSI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the BSI Services, even if on a form or media provided by BSI. BSI does not control the Content provided by and/or posted by you or anyone else via the BSI Services. The forms provided by BSI are subject to the input of government entities, financial institutions, employers, and/or other third parties, and, as such, BSI does not warrant and/or guarantee the accuracy, integrity or quality of such Content and/or forms. BSI does not claim ownership of Content you or parties other than BSI submit or make available for inclusion on the BSI Services. However, with respect to Content you submit or make available on in relation to BSI Services, including but not limited to any BSI website, you grant BSI the perpetual, irrevocable, sublicenseable, and free right to use, distribute, reproduce, and adapt your Content (in whole or in part) in connection with the provision of the BSI Services, including without limitation, incorporating your Content into other works in any format or medium now known or later developed. Under no circumstances will BSI be liable in any way for any Content and/or forms, including, but not limited to, any errors or omissions in any Content and/or forms, and/or any loss or damage of any kind incurred as a result of the use of any Content and/or forms, whether or not posted, emailed, transmitted or otherwise made available via the BSI Services.
You agree to not use the BSI Services to:
a.upload, post, email, transmit or otherwise make available any Content that is false, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b.harm any person, including but not limited to minors, and any entity, in any way;
c.impersonate any person or entity, including, but not limited to, BSI, another person or entity utilizing (or allegedly utilizing) BSI Services, a governmental entity, financial institution and/or employer of prospective employer, and/or official, employee, and/or representative of the foregoing, and/or falsely state or otherwise misrepresent your affiliation with a person or entity;
d.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the BSI Service;
e.upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law, contract, fiduciary relationships, and/or otherwise (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f.upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g.upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h.upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i.disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the BSI Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in exchanges;
j.interfere with or disrupt the BSI Services or servers or networks connected to the BSI Services, or disobey any requirements, procedures, policies or regulations of BSI and/or the networks connected to the BSI Services;
k.intentionally or unintentionally violate any applicable local, state, national or international law and/or regulations;
l.provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m."stalk" or otherwise harass another; and/or
n. collect or store personal data about other users of the BSI Services and/or the BSI Services.
You acknowledge that BSI may or may not pre-screen Content, but that BSI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the BSI Services. Without limiting the foregoing, BSI and its designees shall have the right to remove any Content that violates these TAC or, in BSI’s sole opinion, is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including but not limited to any forms provided by BSI, and any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content and/or forms created by BSI or submitted to BSI.
You acknowledge, consent and agree that BSI may access, preserve and disclose your account information and Content if required to do so by law or if BSI has a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these TAC; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; (v) to provide the BSI Services, (vi) to respond to complaints or inquiries to/from governmental entities and/or financial institutions, and/or (vii) protect the rights, property or personal safety of BSI, its users and/or the public.
You understand that the BSI Services and software embodied within the BSI Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BSI and/or content providers who provide content to the BSI Services. You shall not attempt to override or circumvent any of the usage rules embedded into, or otherwise with, the BSI Services.
Any reproduction, publication, distribution or public exhibition of the materials provided on the BSI Services, in whole or in part, not authorized by BSI in writing, is strictly prohibited.
You shall not: (i) use any automated means, including agents, robots, scripts, or spiders to access, monitor, scrape, or manage your account(s) or use with us, or to access, monitor, scrape or copy the BSI websites, BSI systems, BSI Service or any data therein, except those automated means expressly made available by us or authorized by us in advance in writing (e.g., third-party tools approved by us), (ii) bypass any robot exclusion headers on the BSI websites (including using any device, software, or routine to accomplish that goal), (iii) interfere or attempt to interfere with the proper working of the BSI websites, BSI Services, and/or BSI systems, (iv) use or combine the BSI websites, BSI Services and/or BSI systems with software which creates any obligation with respect to BSI contrary to these TACs, or grant to any third party any rights to, or immunities in relation to BSI’s intellectual property or proprietary rights. You may use data made available to you in connection with the BSI Service solely for internal use to manage your account(s) or access with us and you will neither publish such data nor create profiles of our users.
We may redesign or modify at any time without notice the organization, specifications, structure, and/or appearance of the BSI Service, BSI website(s), and/or any location where your information/Content may be displayed.
We reserve the right to modify or discontinue offering the BSI Services, or any part thereof.
7.INTERSTATE NATURE OF COMMUNICATIONS ON THE BSI WEBSITE AND WITH BSI
When you access, utilize and/or enroll with BSI, you acknowledge that in using the BSI Services to send electronic communications you will be causing communications to be sent through BSI's computer networks, portions which may be located in various locations in the United States and/or abroad. As a result, and also as a result of BSI's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate or international communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TAC, you acknowledge that use of the service results in interstate, or even international data transmissions.
8.SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the BSI Services and transfer and posting of data to BSI and/or via the BSI Services may be subject to the export and import laws of the United States and/or other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the BSI Services to parties identified on such lists; (b) agree not to use the BSI Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the BSI Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
9.CONTRIBUTIONS TO BSI
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to BSI through its suggestion, feedback, and/or other webpages, and/or through other means, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BSI is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BSI shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) BSI may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of BSI without any obligation of BSI to you; and (f) you are not entitled to any compensation or reimbursement of any kind from BSI under any circumstances.
You agree to indemnify and hold BSI, its subsidiaries and affiliates, and each of it and their owners, directors, officers, agents, employees, partners, representatives. contractors, and licensors (collectively, the “BSI Indemnitees”) harmless from any and all liabilities, claims and/or demands, including, but not limited to reasonable attorneys' fees, made by any third party relating to and/or arising out of Content you submit, post, transmit, modify or otherwise make available through the BSI Services, your use of the BSI Services, your connection to the BSI Services, your violation of these TAC, your obligations set forth in these TAC and/or applicable Law, your violation of any rights and/or harm of another, and/or any act or omission by you.
11.NO COMMERCIAL REUSE OF BSI SERVICES/ NO CIRCUMVENTION / NO COMPETITION AGAINST BSI.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the BSI Services (including but not limited to Content, advertisements, software, web design, and/or your BSI ID). In addition, you shall not circumvent your or another person or entity’s direct use of the BSI Services by any means, including, but not limited to submitting (or having submitted) (i) your Content under an account or user ID other than your own, and/or (ii) another person’s Content under your account or your user ID. In addition, you shall not use BSI Service to compete, directly or indirectly, against BSI.
12.GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that BSI may establish general practices and limits concerning use of the BSI Services, including without limitation the maximum number of days that your information, email messages, message board postings or other uploaded Content will be retained by the BSI Services, the maximum number of email messages that may be sent from or received by an account or otherwise on the BSI Services, the maximum size of any email message that may be sent from or received by an account or otherwise on the BSI Services, the maximum disk space, if any, that will be allotted on BSI's servers on your or anyone else’s behalf, and the maximum number of times (and the maximum duration for which) you or anyone may access the BSI Services in a given period of time. You agree that BSI has no responsibility or liability for the deletion or failure to store any information, messages and other communications or other Content, including but not limited to forms (whether or not they contain your information) maintained or transmitted by or to BSI and/or the BSI Services. You acknowledge that BSI reserves the right to log off accounts, or the equivalent of accounts, that are inactive. You further acknowledge that BSI reserves the right to modify these general practices and limits at any time without notice.
13.MODIFICATIONS TO BSI SERVICES
BSI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the BSI Services (or any part thereof) with or without notice. You agree that BSI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the BSI Services, or any part thereof.
You may terminate your BSI account, any associated email address and access to the BSI Services by submitting such termination request to BSI. Upon receipt of such request, BSI will terminate your account, any associated email address and access to the BSI Services, if and when BSI deems it appropriate, in its sole discretion.
You agree that BSI may, without prior notice , immediately terminate, limit your access to or suspend your BSI account and access to the BSI Services for any and/or no reason. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these TAC or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the BSI Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) a period(s) of inactivity, (f) engagement by you in fraudulent or illegal activities in the sole opinion of BSI, (g) nonpayment of any fees owed by you in connection with the BSI Services, and/or you are subject to any proceeding under any bankruptcy act or similar laws. Further, you agree that all terminations, limitations of access and suspensions shall be made in BSI's sole discretion and that BSI shall not be liable to you or any third party for any termination, suspension, and/or limitation of access of your account or access to the BSI Services.
Termination of your BSI account, any associated email address, and/or access to the BSI Services includes, but is not limited to any or all of the following: (a) removal of access to all or part of the offerings within the BSI Services, (b) deletion of your password, if any, and all related information, files and content associated with or inside your account and/or access (or any part thereof), and (c) barring of further use of all or part of the BSI Services, including but not limited to this website(s).
We may require reactivation charges to renew any BSI Service after termination, suspension, and/or limitation of access. Upon termination for any or no reason, you are responsible for paying all amounts and charges owing under these TAC and/or to BSI prior to and/or after termination, including, but not limited to any applicable cancellation fee(s). You agree to pay all costs including attorney’s fees, collection costs and court costs we incur in enforcing these TAC, and/or any provision thereof, through any appeal.
15.DEALINGS WITH GOVERNMENTAL ENTITIES, FINANCIAL INSTITUTIONS, EMPLOYERS, AND/OR OTHER THIRD PARTIES.
Your correspondence or business dealings with governmental entities, financial institutions, employers, and/or other third parties found on or through the BSI Services, including payment and delivery of related goods or services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such governmental entity, financial institutions, employers, and/or other third parties. You agree that BSI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such governmental entities, financial institutions, employers, and/or other third parties on or through the BSI Services.
The BSI Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that BSI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BSI shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site(s) or resource(s).
17.BSI'S PROPRIETARY RIGHTS
You acknowledge and agree that the BSI Services and any necessary software used in connection with the BSI Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through or by the BSI Services or by advertisers, including, but not limited to the forms provided by BSI, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by BSI in a signed writing, or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the BSI Services, Content that is not yours, or the Software, including, but not limited to forms, in whole or in part. Without limiting the foregoing, these TAC do not transfer from BSI to you any BSI developed, licensed, or owned property, including but not limited to technology, Software, and/or Content (including but not limited to forms), and all rights, title, and interest, including, but not limited to copyrights, trademarks, service marks, patents or other proprietary rights, in the foregoing, and together with all derivative works, modifications, enhancements, and upgrades of the foregoing, but excluding your information and/or Content, are and will remain solely with BSI and are the sole property of BSI. Any rights not expressly granted in these TACs are reserved by us, and all implied licenses are disclaimed. You will not attempt to prohibit or enjoin BSI at any time from utilizing any property of BSI, and/or any skills or knowledge (including, but not limited to that of a general nature) that BSI acquires during the course of providing BSI Services. BSI may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act or otherwise, and you expressly authorize BSI to comply with any and all lawful notices, subpoenas, court orders, or warrants relating to the Digital Millennium Copyright Act or otherwise, without prior notice to you. You agree not to access the BSI Services by any means other than through the interface that is provided by BSI for use in accessing the BSI Services.
18.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE BSI SERVICES, INCLUDING BUT NOT LIMITED TO ANY WEBSITE(S) RELATED THERETO, IS AT YOUR SOLE RISK. THE BSI SERVICES AND WEBSITE(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BSI, AND ITS SUBSIDIARIES, AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, AND LICENSORS (i) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND (ii) ASSUME NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, DELETION, ERRORS, MIS-DELIVERY, FAILURE, USE AND/OR MISUSE BY YOU OR ANYONE ELSE OF THE BSI SERVICES, INCLUDING, BUT NOT LIMITED TO THE USE, MISUSE AND/OR STORAGE OF ANY (a) USER OR THIRD PARTY (E.G., GOVERNMENT ENTITY, FINANCIAL INSTITUTION, EMPLOYER, OR REPRESENTATIVE THEREOF) COMMUNICATIONS AND/OR INFORMATION, (b) SERVICES, AND/OR (c) FORMS.
b.BSI AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE BSI SERVICES, INCLUDING BUT NOT LIMITED TO ITS WEBSITES, OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE BSI SERVICES, INCLUDING BUT NOT LIMITED TO THE BSI WEBSITE(S), OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BSI SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BSI SERVICES, INCLUDING BUT NOT LIMITED TO THE BSI WEBSITE(S), AND/OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE BSI SERVICES AND/OR SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BSI SERVICES OR SOFTWARE IS ACCESSED OR PROVIDED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND YOU HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOURSELF, OTHERS, YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD AND/OR DISPLAY DEVICE, AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR PROVISIONING OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BSI AND/OR ITS SUBSIDIARIES AND AFFILIATES, AND/OR EACH OF IT AND/OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, PARTNERS AND LICENSORS, AND/OR THROUGH OR FROM THE BSI SERVICES, INCLUDING BUT NOT LIMITED TO THE BSI WEBSITE(S), AND/OR SOFTWARE, SHALL CREATE ANY WARRANTY FROM SUCH PERSON OR ENTITY OR OTHERWISE.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE BSI SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE BSI SERVICE. IMMEDIATELY DISCONTINUE USE OF THE BSI SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE BSI SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
WITHOUT LIMITING ANY OTHER PROVSION OF THESE TAC WHICH LIMIT BSI’S LIABILITY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BSI, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, PARTNERS AND LICENSORS (i) SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, MISUSE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BSI AND/OR A BSI INDEMNITEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY NEGLIGENT ACT OR OMISSION, (III) SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AND/OR RELATING TO THE BSI SERVICE, INCLUDING BUT NOT LIMITED TO THOSE OF GOVERNMENT ENTITIES, FINANCIAL INSTITUTIONS AND/OR EMPLOYERS, (IV) SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (V) SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR THE ITEMS SET FORTH IN SECTION 5, THE LAST SENTENCE OF SECTION 6, THE SECOND SENTENCE OF SECTION 12, THE SECOND SENTENCE OF SECTION 13, THE THIRD SENTENCE OF THE SECOND PARAGRAPH OF SECTION 14, THE LAST SENTENCE OF SECTION 15, THE LAST SENTENCE OF SECTION 16, AND/OR SECTION 18 OF THESE TAC, AND (VI) WITHOUT LIMITING THE FOREGOING, SHALL ONLY BE LIABLE TO YOU FOR DIRECT DAMAGES ONLY FOR ITEMS NOT SET FORTH IN THIS SECTION 19,IN THE AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO BSI FOR THE BSI SERVICE OR PART THEREOF WHICH IS THE SUBJECT OF YOUR CLAIM.
20. BILLING AND PAYMENT.
There are three (3) methods to pay for BSI Services:
A. Via“900”numbers. You may access certain BSI Services by dialing the “900” number provided to you by BSI. Using such a methodology, the “900” number charges shall appear on your telephone company bill. By dialing the “900” number you agree to pay the “900” charges and consent to the charges appearing on your telephone company bill.
B. Invoice. BSI may invoice BSI Service charges to you which are billed in arrears. Payment of all such charges is due fourteen days (14) from the date of the invoice. Billing cycle end dates may change from time to time.
C. Credit/Debit Card. By providing to us your credit/debit card information, you have authorized payment to us by credit/debit card, and no additional notice or consent will be required for billings to that credit/debit card or account for any and all uses or subsequent uses of the BSI Services. You will advise us of any changes to your credit/debit card account, such as account number or expiration date changes, and changes to your address. You also authorize us to update your payment information with data we obtain from your financial institution, the issuer of your credit card or debit card, or from MasterCard, Visa, American Express or Discover or similar entity. Unless and until BSI discontinues accepting your credit/debit card, you preauthorize for billing your credit/debit card and you authorize BSI to retain your credit/debit card information. BSI reserves the right at any time to modify, suspend, or terminate your right to pay by credit/debit card. Any such modification, suspension, or termination, or your failure for any or no reason to pay by credit/debit card, has no effect on your liability for charges and fees that you have incurred in connection with BSI Services . You shall pay or otherwise be responsible for all federal, national, state, provincial or local sales, use, excise, gross receipts, value added, municipal fees, transfer, transaction, property, fund, or similar taxes, fees, or surcharges (hereinafter "Tax") imposed on, or with respect to, the BSI Services. Without limiting the foregoing, BSI reserves the right to charge a tax recovery fee to recover the cost/Tax incurred, to transport your document(s) across our telecommunications and/or Internet infrastructure. This fee can be charged on a per invoice basis.
Time is of the essence for payment under any method. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due. Notice of any payment disputes (which must only be in good faith) must be in writing and received by BSI at our address as set forth on the applicable BSI Website, invoice and/or statement, within ten (10) days after the invoice and/or statement date or you waive any objection. Any payments not received by the payment date are subject to a late payment fee equal to the lesser of, as of each such date, the rate of 1.25% per month (which is an annual percentage rate of fifteen percent (15%) or the maximum rate permitted by applicable law.
BSI retains the right at any time to modify, suspend, and/or terminate billing and/or payment methods. Any such modification, suspension, or termination, or your failure for any or no reason to make payment, has no effect on your liability for charges and fees that you have incurred in connection with BSI Service.
21. NO THIRD-PARTY BENEFICIARIES/OUR RELATIONSHIP
You agree that there are and shall be no third-party beneficiaries to this agreement. These TAC will not establish any relationship of partnership, joint venture, employment, franchise, or agency between BSI and you. Neither BSI nor you will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided in these TAC.
BSI may provide you with notices, including those regarding changes to these TAC, including by, but not limited to, email, regular mail, SMS, MMS, text message, postings on the BSI Services, or other means now known or hereafter developed. You must ensure that your contact and account information with us is current and correct, and promptly notify us in writing of any changes to such information. Notices from BSI may not be received if you violate these TAC by accessing the BSI Services in an unauthorized manner. Your agreement to these TAC constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the BSI Services in an authorized manner.
23. TRADEMARK INFORMATION
You agree that all of BSI’s trademarks, trade names, service marks, logos and other BSI and brand features, and product and service names of BSI are trademarks and the property of BSI (the "BSI Marks"). Without BSI's signed written prior permission, you agree not to display or use in any manner the BSI Marks.
Entire Agreement/No Assignment . These TAC constitute the entire agreement between you and BSI, govern your use of the BSI Services (including, but not limited to the BSI website(s)) and supersedes any prior version of these TAC and/or any agreement or understanding, oral or written, between you and BSI with respect to the BSI Services. These TAC may only be amended or terminated in a writing approved in writing by BSI. You may not assign, sublicense, delegate and/or transfer any right or obligation pursuant to these TAC and/or the BSI Services. Without limiting the foregoing, you agree that your BSI account is non-transferable by you, including but not limited to any rights to your BSI ID or contents within your account. BSI may assign, sublicense, delegate and/or transfer any right or obligation pursuant to these TAC and/or the BSI Services, at any time to any person or entity, without notice to you.
Choice of Law/Forum/Non-consolidation/Statute of Limitations . You and BSI each agree that these TAC and the relationship between the you and BSI (and the BSI Indemnitees) shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these TAC, or the relationship between you and BSI and/or the BSI Services, shall be brought exclusively in the courts of competent jurisdiction located within Cook County, State of Illinois, USA. For purposes of this TAC and the BSI, you and BSI (i) agree to submit to the personal jurisdiction of the courts of competent jurisdiction located within Cook County, State of Illinois, USA, and (ii) agree to waive any and all objections to the exercise of jurisdiction over you and/or BSI by such courts and to venue in such courts. ANY CLAIM OR CAUSE OF ACTION AGAINST BSI WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to the BSI Services and/or these TAC must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Waiver and Severability of Terms . The failure of BSI to exercise or enforce any right or provision of these TAC shall not constitute a waiver of such right or provision. If any provision of these TAC is found by a court of competent jurisdiction to be invalid, you and BSI nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these TAC remain in full force and effect.
Force majeure. BSI shall not be liable for any failure or delay in its performance under these TAC or as relates to the BSI Services due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorism, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, failure of the Internet, and/or telecommunications carrier.
Survival. The definitions in these TAC, and the provisions of Sections 1 (third sentence only) 2 (third paragraph only), 4 , 5 (second and third sentences only), 6, 7, 8, 9, 10, 11, 12, 13, 14 (third sentence of the second paragraph, and the complete third paragraph only), 15, 16 (second and third sentences only), 17, 18, 19, 20 (, 21, 22, 23, 24, and 25 of these TAC, survive any termination or expiration, if any, of these TAC.
Headings. The section titles in these TAC are for convenience only and have no legal or contractual effect.
Copyright Or Intellectual Property Complaints
BSI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
• a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
• a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
• a description of where the material that you claim is infringing is located on our website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:
Billing Solutions, Inc.
PO Box 1136
Glenview, IL 60025
These BSI Terms and Conditions were last updated and are effective as of January 16, 2014.