BDMetrics, Inc., for itself, and on behalf of its affiliated companies (collectively, “BDMetrics,” “we” or “our”), owns, operates, and maintains this website and these web pages including, without limitation, the website located at www.BDMetrics.com, and its associated and/or successor websites, webpages, content and other materials (collectively the “Site”) to provide to its customers, suppliers and visitors (collectively, “you” or “your”) information about BDMetrics, its industry, technology, products and services. These Terms of Use are a binding contract and we encourage you to read them carefully. When you purchase products or services, create an account, subscribe to our eNewsletter or other publication or otherwise access or use the Site or any of its Licensed Content, you unconditionally agree to be bound by these Terms of Use and all applicable laws and regulations whether or not you have read them. These Terms of Use as they may be modified from time to time apply to all aspects of the Site and all users, whether they merely browse through it or use its interactive or eCommerce features.
You may browse the Site to learn more about BDMetrics, its industry, technology, products and services, upcoming trade shows and other events, to access current and archived eNewsletters and other materials or information it provides from time to time. You may use this and all other material posted on the Site or otherwise approved by BDMetrics (collectively, “Licensed Content”) for informational purposes only and solely as set forth on the Site, in these Terms of Use and any other legal terms and conditions applicable to use of BDMetrics’ products and services. You may view and print portions of the Licensed Content for your own internal or personal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use. Any other use of Licensed Content without BDMetrics’ prior written approval is strictly prohibited.
BDMetrics offers owners, hosts and producers (“Owners”) of conferences, trade shows and other events (“Events”) internet-based portals that enable simple, seamless integration of registration and exhibitor databases, attendee event-planning interfaces, comprehensive supplier directories, Event marketing and metrics. BDMetrics offers Event exhibitors or others desiring to make their materials available (collectively, “Exhibitors”) the ability to interface with Event registrants prior to the Event, during and after the Event, market their booths, enable attendees or other interested parties to collect collateral materials electronically and analyze Event metrics. BDMetrics currently offers an internet-based means of creating personal Event itineraries and “collecting” specific Exhibitor collateral and presenter materials through mobile phones via a secure account. While BDMetrics uses commercially reasonable efforts to provide accurate information, many factors may affect these efforts. Therefore, the Site, Licensed Content and services are provided for informational purposes only. BDMetrics cannot ensure or guarantee and does not warrant that its provision of the Licensed Content or other services to you will meet your particular needs or requirements or that the Licensed Content provided by BDMetrics through the Site is complete, accurate or current. All use of the Site is expressly limited to the United States unless otherwise stated on the Site.
BDMetrics fees noted on the Site are not refundable and are subject to change. All fees will be charged to the credit card You provide to BDMetrics automatically when you make your purchase or, if you have purchased a plan, automatically on a monthly basis. Fees quoted do not include sales, use, excise or any other tax, levy, duty or charge now in effect or that may be imposed in the future by any governmental or regulatory authority. All such taxes are your responsibility unless you provide BDMetrics with a valid exemption certificate. Your right to charge the fees for services to Your credit card account is subject to any limits established by BDMetrics or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to BDMetrics for any reason, including chargeback, in addition to any other rights it may have, BDMetrics reserves the right to either suspend or terminate its provision of services, your access to the Site and account, thereby terminating all obligations of BDMetrics hereunder. BDMetrics reserves the right to establish a credit limit for you. If your account reaches the ceiling at any time, You agree that BDMetrics may, at its option, either bill your credit card for all unpaid charges on the account in excess of the ceiling, or suspend or terminate your access and account until such time as your credit is re-established. If BDMetrics has agreed to perform services on an open account basis, payment terms are net 30 from date of invoice. Sales made or performed through the Site are governed by BDMetrics’ Standard Terms and Conditions of Sale and/or Invoice Terms and Conditions (collectively “Terms of Sale”). Please review the Terms of Sale carefully prior to ordering. By placing an order, you agree to be bound by them without exception or modification.
BDMetrics values its relationship with visitors and customers and uses commercially available technology to safeguard any personal information collected through the Site. Unfortunately, the internet and certain telecommunications connections are open mediums and no data transmission via facsimile or through the internet is completely secure. You transmit personal information of any nature or sort and any information in connection with your business, Event or exhibit and BDMetrics does not guaranty or warranty the security of Licensed Content, Customer Data or other information you transmit to or from the Site. Once received, your personal information is stored on secure servers. In general, BDMetrics may use any information gained through or gleaned from the Site for any legal purpose, including without limitation, for purposes of developing, using and making available to third parties (at no charge or for a fee) aggregated information, such as regarding trends, services, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information concerning any aspect of the Site. The Site allows you to choose to receive or stop receiving communications from BDMetrics and to update your registration information. Should you wish to update your information, be removed from some or all of the BDMetrics programs for which you previously registered or to prevent further use of your personal information, please follow the directions set forth in Section 15 of these Terms of Use. Please note that if you register on a third party website through a link on our Site or through another registration process, these privacy terms will not apply. You will be subject to the privacy statement of that third party website and you will need to follow the directions set forth on that website to unsubscribe or opt-out of receiving further communications.
Anonymous or Non-Personally Identifiable Information. In general, you may visit the Site without telling BDMetrics who you are or revealing personal information about yourself. However, BDMetrics as well as companies providing services to or on behalf of BDMetrics (such as, without limitation, companies assisting with marketing and promotions, eNewsletters, surveys, database, hosting and other technology management and the like) may use various technologies, such as cookies and web beacons (1x1 pixels), to collect non-personally identifiable information discernable as a result of your visit. As technology evolves, information may be gathered through other means as well. This may include, without limitation, a visitor’s IP address, cookie information, web pages requested or viewed, date, time and domain type and responses to surveys. IP addresses and other information gleaned from your browser are automatically received and recorded on server logs. You may set your browser either to notify you when you receive a cookie or to refuse to accept cookies. However, if you do so you may not be able to participate in those features of the Site that require registration such as receiving eNewsletters. BDMetrics and/or its service providers may use and disclose non-personally identifiable information in any manner for any purpose. For example, it may be used to communicate with you, to analyze statistics and trends, for more targeted advertising, for reporting, research, and educational purposes whether commercial or non-commercial, for scheduling and optimization of content delivery and, of course, if required to do so by law. These are just examples of the uses to which BDMetrics may put non-personally identifiable information.
Personally Identifiable Information. Personal information is information you provide in any form that personally identifies you, such as your name, address, e-mail address, telephone number, in conjunction with additional information that is not otherwise publicly available such as credit card or financial information. Upon registration, you will be disclosing personal information over the internet. Personally identifiable information you voluntarily provide is collected and stored to enable you as an Event attendee to manage your Event participation and receipt of materials as provided in Section 2 above, to order products and services, receive technical and other support services, receive BDMetrics’ eNewsletters and/or emails, and for marketing and administrative purposes. It is used to fulfill your requests for custom products and product specifications, to respond to your questions, report a problem with the Site, notify you or your company of Events, products or services that may be of interest to you based upon your previous selections, or participate in surveys or other promotions. Additionally, you cannot communicate with BDMetrics through the “contact” or customer support links on the Site or via email without providing personally identifiable information. If you contact BDMetrics or its service providers, a record of that session or correspondence will be maintained. BDMetrics is not now but may in the future be affiliated with other companies with which it may share information collected through their respective websites. BDMetrics, its service providers and/or its affiliates may also ask users to complete surveys for research purposes. If you do provide us with your personally identifiable information, BDMetrics may use and share it for any legal purpose.
Use by Affiliates. BDMetrics may share any information collected, whether personally identifiable or not, with affiliates. If BDMetrics were to merge with another company or if it were to cease operations, your information, whether personally identifiable or not, may be transferred to the surviving or acquiring entity and will then be subject to that entity’s privacy policy. Your personal information may be disclosed if there is reason to believe that disclosure is necessary to identify, contact or bring legal action to enforce any of its rights, including against you or a third party, for nonpayment of any products or other material available for purchase through the Site, violation of any agreement, and to prevent injury to or interference with BDMetrics’ rights or property, the rights or property of other Site users or anyone else that could be harmed by such activities. BDMetrics may disclose or access account information when BDMetrics believes, in good faith, that the law requires it, for administrative and other purposes deemed necessary to maintain, service and improve the Site and BDMetrics’ services and to protect its rights or property. By accessing and using the Site, you agree that information you have provided may be used and disclosed as described above or as these Terms of Use may be modified from time to time.
Notice to California residents about your California privacy rights: In addition to the other rights described in these Terns of Use, if you reside in California, you have the right to request information regarding the third parties with whom BDMetrics has shared personal information for direct marketing purposes during the past year. you have the right to submit a request to BDMetrics at its designated address and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its services or services. you are entitled to receive a copy of this information in a standardized format. Information provided will not be specific to you individually. All such requests must be in writing and sent to BDMetrics’ designated address set forth in Section 12.
Except for any Event data or personally identifiable information BDMetrics may collect under the guidelines established in this Privacy and Data Security Section, any comments, blogs, discussions, data, images, audio, video, text, services ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication you transmit, upload or post to the Site, generally and through the public forums, or email to BDMetrics (collectively, “Communications”) are non-confidential and nonproprietary. BDMetrics has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. BDMetrics has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes. Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums.
In general, BDMetrics expects visitors to interact with BDMetrics and other users of the Site in a truthful, courteous manner and in compliance with all laws. You agree to provide accurate and complete information when registering or otherwise communicating with BDMetrics and never use another’s account or login identification or other information. If you have been given access to a secure section of the Site you are responsible for the activity that occurs through your password or user id. It is your responsibility to keep them secure. BDMetrics will not be responsible for any losses you may incur by an unauthorized use of your account however you may be liable for the losses of BDMetrics or others due to such unauthorized use.
Vandalism, obscene or abusive language, obscenity, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post or other transmission will not be tolerated. Impersonation of others or misrepresenting your affiliation with BDMetrics or another is prohibited. You may not upload to, distribute or otherwise publish through the Site any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Site, use the Site to solicit others, advertise or promote anything. Framing, in line linking or other means of associating the Site, Marks or Licensed Content with another or with any material, link or information not originating with BDMetrics is expressly prohibited.
Any attempt to interfere with, overburden or disrupt the Site, its servers, networks, Software, equipment or database connected to the Site, or other Site visitors, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.
You are solely responsible for Communications you submit, transmit through or upload to the Site and the consequences of posting or publishing them. You agree that you will not submit Communications that violate these Terms of Use, are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post Communications and to grant BDMetrics and other Site users the license rights granted herein. Although BDMetrics will not, and has no obligation to, monitor Communications, it has the right not to post or publish Licensed Content and/or Communications and to delete, remove or edit any Licensed Content and/or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will BDMetrics or its affiliates be liable in any way for any Communications, your or another’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site. Any claims made through any Communications have not undergone review, testing, or research by BDMetrics to substantiate such claims. Communications are not confidential. BDMetrics does not endorse any Communication or any opinion, recommendation or advice expressed therein and expressly disclaims any and all liability in connection with Communications. In connection with uploading material to the Site, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and hereby authorize and license BDMetrics to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Communications in the manner contemplated by the Site. You also hereby grant each user of the Site a non-exclusive license to access your Communications through the Site and to use, reproduce, distribute, display and perform them as permitted by these Terms of Use. Although the license granted to BDMetrics to post your Communications on the Site terminates within a commercially reasonable time after you remove or delete yours from the Site, anyone who may have accessed or downloaded them prior to such removal or deletion may continue to use all or any part thereof for the purposes set forth in these Terms of Use and as contemplated by the Site provided that all copyright and other proprietary notices on the Communications, if applicable, are included with each use. You are solely responsible for your Communications and your activities on the Site. Although BDMetrics will not, and has no obligation to, monitor your Communications, it has the right not to post or publish Licensed Content and/or your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will BDMetrics or its affiliates be liable in any way for any Communications, personal information, your or another’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content or in the services provided by BDMetrics, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site. Information or claims provided by others through any shared areas provided on the Site have not been reviewed or researched by BDMetrics to substantiate such claims.
All non-public Licensed Content is a confidential and proprietary trade secret of BDMetrics (“Confidential Information”). Confidential Information also includes non-public Event information, the identity and any information of Owners, Exhibitors and their designated users, BDMetrics’ technology and architecture, platform, modules, program code, processes, methods, equipment, formulae, financial and business data and strategies, business processes and operations and all information and materials not generally known but commonly and uniformly treated as confidential. You must hold all Confidential Information in confidence and not use it other than as permitted by these Terms of Use or disclose it to anyone at any time, even after you no longer access the Site. In the event you breach this confidentiality obligation or the obligations in connection with privacy and data security set forth below or BDMetrics’ ownership rights, you agree that BDMetrics would be irreparably injured and shall be entitled to seek equitable relief, including injunctive relief and specific performance as well as any relief available at law. No bond shall be required to obtain such relief.
You agree to indemnify, defend, release and hold BDMetrics, its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything you submit, transmit through or upload to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any Rights. In the event you provide registration or other information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify BDMetrics for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) incurred, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against BDMetrics by you or any third party arising out of or in connection with information you provide or your use of the Site.
From time to time BDMetrics may expand, change, disable or discontinue the Licensed Content, the products and services offered, certain features of the Site or the Site’s capability. BDMetrics also reserves the right at any time and from time to time to modify these Terms of Use, the Site and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of Use.
BDMetrics, in its sole discretion, may suspend or terminate your access or use for any reason if BDMetrics believes that you have violated or acted inconsistently with the letter or spirit of the agreement between BDMetrics and your Licensee or these Terms of Use. BDMetrics may also, in its sole discretion and at any time, discontinue providing the Site, services or any part thereof, with or without notice. You agree that any suspension or termination may be effected without prior notice, and acknowledge and agree that BDMetrics may immediately bar further access to the Site. BDMetrics shall not be liable to you or any third party for any suspension or termination of your access to or use of the Site or services.
The Site may contain links to other internet websites or resources, including those of Events, Owners and Exhibitors. When you link to those sites, you leave the Site. BDMetrics has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in these Terms of Use do not apply to the practices of any companies or individuals operating the linked sites or to our affiliates or partners. Please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. BDMetrics expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, services or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that BDMetrics endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that BDMetrics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.
Everything you see or read on the Site, including the collection, compilation, assembly and arrangement of Licensed Content and services descriptions, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without BDMetrics’ express written permission. The Site, Database, Confidential Information and any related software or other technology used in connection with the Site (collectively, “Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Site, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through and downloaded in databases from the Site (all of which are included in and as the “Licensed Content”), is owned by BDMetrics, its suppliers or partners and used under license granted to BDMetrics and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, graphics, button icons and scripts, page headers, services and service marks, individually or combined with one another and whether or not registered (collectively the “Marks”), are proprietary to BDMetrics, BDMetrics affiliates, Owners, Exhibitors or other third party owners who have granted BDMetrics the right and license to use their Marks (“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner but especially not in a manner that is likely to cause confusion in the marketplace or in any matter that disparages or discredits BDMetrics or its affiliated companies or Licensees. This includes use of the Site address or Marks in page text, as key words, meta tags or any other “hidden text.” You recognize and acknowledge that your submission of any Communications is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. BDMetrics may use any such material in any manner for any reason without your consent, fee or obligation to account to you in any way, and, unless you and BDMetrics agree otherwise in writing, BDMetrics is and shall be the sole and exclusive owner.
BDMetrics respects the intellectual property of others, and requires that its customers and visitors to do the same. BDMetrics will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to BDMetrics. Upon receipt of notices complying with the DMCA, BDMetrics will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide BDMetrics with all of the information the DMCA requires and any other applicable information.
Notices of claimed copyright infringement should be directed as follows:
By mail: BDMetrics, Inc.
5523 Research Park Drive, Suite 350
Baltimore, MD 21228
Attn: BDMetrics Webmaster
By email: webmaster@BDMetrics.com
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BDMETRICS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
BDMetrics disclaims all representations or warranties about the accuracy or completeness of the Site, Licensed Content or services. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SITE, LICENSED CONTENT, SERVICES AND ANY PARTICULAR FEATURE, AS WELL AS YOUR USE OF ANY LINK, ADVERTISEMENT OR ENGAGEMENT OF ANY REFERRAL SOURCE MADE BY BDMETRICS IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. BDMETRICS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(B) BDMETRICS MAKES NO REPRESENTATION OR WARRANTY (I) THAT THE SITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS, (II) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (III) THAT SERVICES WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (IV) THAT THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (V) THAT THE QUALITY OF SERVICES, THE SITE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR RESULTS.
(C) ANY MATERIAL UPLOADED TO, DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
(D) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BDMETRICS OR THROUGH OR FROM THE BDMETRICS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR BE OTHERWISE APPLICABLE WITH RESPECT TO BDMETRICS’S PROVBISION OF THE SITE OR SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BDMETRICS SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BDMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE LICENSED CONTENT OR OTHER INFORMATION, SERVICES OR MATERIALS SHOWN ON OR AVAILABLE FROM THE SITE, BDMETRICS’S PERFORMANCE OF SERVICES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR SERVICES. IN ANY CASE, BDMETRICS’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST BDMETRICS WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Notices to you may be made via either email or regular mail. BDMetrics may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site. Notice or other correspondence to BDMetrics should be sent by certified mail, return receipt requested to:
BDMetrics, Inc.
5523 Research Park Drive, Suite 350
Baltimore, MD 21228
Attn: BDMetrics Webmaster
Should you wish to update your information or no longer receive communications from BDMetrics, please contact webmaster@BDMetrics.com.
The Site and BDMetrics’ products and services are not designed to be used by or for children nor does BDMetrics target or market to children under age 13. These Terms of Use and any other agreements, whether or not referenced herein, constitute the entire agreement between you and BDMetrics with regard to and shall govern your use of the Site and BDMetrics’ provision of Services and supersedes any prior or other agreements between you and BDMetrics. You also may be subject to additional terms and conditions contained in invoices, purchase orders, shipping manifests, bills of lading, licenses or other terms and contracts that may apply if you use third party services, content or software. These Terms of Use, your use of the Site and any other agreement with and the relationship between you and BDMetrics shall be governed by the laws of the State of Maryland without regard to choice of law provisions. You and BDMetrics agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within Baltimore, Maryland, regardless of the fact that the Site is accessible elsewhere. If you access the Site outside the United States, your connection is through and to servers located in the United States. Any personal information you provide will be processed and maintained on BDMetrics’ Site servers and/or has other network systems operated by or for BDMetrics’ benefit located within the United States. Notwithstanding the foregoing, BDMetrics may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of BDMetrics to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms of Use to webmaster@BDMetrics.com.