Non Commercial Use. The website is for the personal use of individuals only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of BCS. Illegal and/or unauthorized use of the website, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of our linking to the website will be investigated. Appropriate legal action will be taken by BCS for any illegal or unauthorized use of the website.
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of BCS. The website and all content on the website, including without limitation all text, images, graphics, logos, icons, audio clips, data compilations and software (collectively “Content”) are the property of BCS or its suppliers. The website and Content are protected by U.S. and international copyright and trademark laws and treaties. You may not use, copy, download, display, publish, perform, distribute, transmit, modify, make derivative works of, decompile, reverse engineer, disassemble or commercially exploit the Content without BCS’ express written consent.
Trademarks. BCS is the owner of the following trademarks, service marks and trade names: BASIC CHEMICAL SOLUTIONS, BCS and BCS & Design. All other trademarks, service marks and trade names not owned by BCS that appear on this website are the property of their respective owners.
Disclaimers. BCS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE. BCS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. BCS IS NOT RESPONSIBLE FOR PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OF TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE USE OF THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL BCS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR FROM ANY CONTENT POSTED ON THE WEBSITE, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. THE WEBSITE IS PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS, AND BCS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BCS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.
Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL BCS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FORM YOUR USE OF THE WEBSITE, EVEN IF BCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BCS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BCS FOR THE SERVICE PROVIDED.
Disputes. If there is any dispute about or involving the website, by using the website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the state of California.
Indemnity. You agree to defend, indemnify and hold BCS, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representation and warranties set forth above. If you are a California resident, you waive California Civil Code Section 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between BCS and any user of the website.
Termination. BCS reserves the right to terminate this Agreement at any time for any reason and revoke your access to the website and content without prior notice to you.
Right to Change Agreement. BCS reserves the right to change this Agreement, the website, the Content and its products and services at any time. Only BCS can modify the terms and conditions of this Agreement.