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Your use of this site (the "Site") is subject to these terms and conditions. By using this Site, you are agreeing to be bound by these terms and conditions. Bridgevine reserves the right to modify these terms and conditions at any time without notice. The most current version of these terms and conditions can be viewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of each Web page located on this Site.
Bridgevine is not the manufacturer, seller or provider of any product or service available from or through this Site. Rather, Bridgevine provides this Site as a means to facilitate your obtaining products and services from third party providers who are not affiliated with Bridgevine. These products and services are offered by the third party provider, not Bridgevine. We do this in two ways.
First, we may provide a link directly to a site maintained by the third party seller or provider of the product or service. When you click on this link, you leave Bridgevine's Site and navigate to the third party's site. Bridgevine has no control over the third party's site. The fact that Bridgevine has provided a link to a third party's site is not an endorsement, authorization, sponsorship, or affiliation with respect to that site, its owners, or its providers. When you purchase a product or service on the third party's site, you understand and agree that you are purchasing that product or service directly from the third party and not Bridgevine. The linked site may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions relating to your use of the linked site and the products and services available from the linked site. Bridgevine is not responsible for those provisions, and expressly disclaims any and all liability relating to those provisions. We encourage you to read the provisions contained on the third party's site including (but not limited to) the privacy policy, and terms and conditions of use, as the third party's privacy policy, and terms and conditions of use may be materially different from those of Bridgevine. Insofar as it relates to this Site, Bridgevine, or Bridgevine's facilitating your obtaining third party products and services through this Site, Bridgevine's terms and conditions, and privacy policy control.
Alternatively, we may collect from you all the information that the third party provider requires to sell the product or service to you. When that information has been collected and you elect to "Put in Queue," that information is transmitted by us on your behalf to the third party provider who is the actual seller or provider of the product or service and who is responsible for providing that product or service to you. You understand and agree that, when you purchase that product or service by opting to "Put in Queue" you are purchasing directly from the third party and not from Bridgevine. Further, you agree that Bridgevine may transmit the information provided by you to the third party provider. You agree that the use of that information by the third party provider is governed by the third party provider's privacy policy which we encourage you to review.
Bridgevine is not in control of these third party sites or providers and is not responsible for the performance or any failure of performance by the third party provider. Bridgevine does not warrant that product or service descriptions or other content of this Site or any site linked from or to this Site is accurate, complete, reliable, current, or error-free. Bridgevine does not endorse and is not responsible or liable for any content, advertising, products or services on or available from any third party site.
References to "product(s)" in these terms and conditions include (but are not limited to) software and electronic media.
You agree that Use of this Site is at your own Risk. To the maximum extent permitted by applicable law, This Site and all information, content, materials, products (including software) and services made available to you through this Site are provided by Bridgevine on an "AS IS" and "WITH ALL FAULTS" basis. To the maximum extent permitted by Applicable law, Bridgevine disclaims and excludes all warranties and conditions, whether express, implied, statutory or otherwise, relating to this Site, and any Product or Service obtained through this Site, including all warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement or arising out of any course of dealing or usage of trade or by course of performance.
YOU AGREE THAT BRIDGEVINE IS not the Provider of the Products and Services obtained by you through this Site. You agree that aNY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE Products and SERVICES OFFERED THROUGH THis SITE ARE LIMITED TO CLAIMS AGAINST the Third Party providing those Products or Services. BRIDGEVINE DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING (but not being limited to) LIABILITY FOR ANY DIRECT, special, incidental, indirect, collateral, consequential, special, exemplary or punitive damages, whether in an action of contract, equity, strict liability, statutory, tort (including negligence) or other theory of liability (including, but not being limited to, breach of warranty), IN CONNECTION WITH THE Products OR SERVICES PROVIDED BY ANY THIRD Party THROUGH THis SITE, INCLUDING (but not being limited to) LIABILITY FOR ANY ACT, ERROR or omission of such Third Party AND YOU HEREBY Release and EXONERATE BRIDGEVINE FROM ANY LIABILITY WITH RESPECT thereto.
You agree that, To the maximum extent permitted by Applicable law, Bridgevine is not liable for any special, incidental, indirect, collateral, consequential, special, exemplary or punitive damages, whether in an action of contract, equity, strict liability, statutory, tort (including negligence) or other theory of liability (including breach of warranty), incurred by You or any other Person arising out of, relating to or in any way connected with this Site, your use of this Site or any site linked from or to this Site, or any product or service obtained THROUGH this Site or any site linked From or to this Site, even if Bridgevine has been advised of the possibility of those damages. This limitation on liability includes (but is not limited to) the transmission of any viruses or other harmful component. These limitations and exclusions apply notwithstanding the failure of essential purpose of any remedy or any breach or default by Bridgevine or any third Party provider.
Some States do not allow the limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to You.
You agree that, To the maximum extent permitted by Applicable law, you will not bring, request, join or participate in a class action or class arbitration proceeding as to any claim, demand, suit or cause of action You may have against Bridgevine arising out of, relating to or in any way connected with this Agreement or any Product or service obtained through this Site, and You waive and relinquish any right You may now or in the future have to bring, request, join or participate in any lawsuit or arbitration or other proceeding on a class action or consolidated basis or to participate as a representative or member of any class of claimants pertaining to any claim, demand, suit or cause of action arising out of, relating to or in any way connected with Your use of this Site, or any Product or service obtained Through this Site. This provision does not constitute a waiver of any of Your rights and remedies to pursue a claim individually, and not on a class action, class arbitration or consolidated basis or as a representative or member of any class of claimants.
These terms and conditions do not preclude you from exercising your rights under any warranty offered by any third party whose product or service is obtained by you through this Site. If you desire information regarding any warranty for a product or service made available by Bridgevine through this Site, please directly contact the third party seller or provider of that product or service to obtain a copy of the warranty, if any, offered by that third party seller or provider.
When you submit your information to Bridgevine, and unless you opt-out of receiving communications from Bridgevine, you are agreeing to receive additional information, via the email address submitted. We hope that you will find these updates valuable and informative. Of course, if prefer not to receive them, please unsubscribe or use the "unsubscribe" method provided at the bottom of each email. Occasionally, Bridgevine will hire a third party to act on our behalf for projects such as market-research surveys and contest-entry processing and will provide information to these third parties specifically for use in connection with these projects. The information we provide to such third parties is protected by a confidentiality agreement and is to be used solely for completing the specific project. The trademarks, service marks, trade names, logos, pictures, design elements, marketing promotions, offers, technology (including web design), or other written materials and other indications of origin displayed in this Site ("Trademarks") are owned by Bridgevine or third party providers. Nothing contained herein should be construed as granting the browser or user of this Site the right to use any Trademark displayed in this site without the written permission from the owner of the Trademark.
Any materials, communications or information ("Information") sent to this Site will be deemed NOT CONFIDENTIAL and NONPROPRIETARY and will become the property of Bridgevine. Bridgevine may use such information for any purpose whatsoever, including but not limited to use of any ideas, concepts, know-how or techniques contained in the Information. Bridgevine may reproduce, display, transmit, perform, publish and broadcast the Information at any time and in any media.
© 2008 Bridgevine, Inc. - All rights reserved. Privacy Policy Terms and Conditions