Terms of Service

1. Acceptance of the Terms and Conditions

1.1 BVJ Consulting (referred to as "BVJ," "we," "us" or "our") provides this web site (the "Web Site"). All use is subject to these terms and conditions (the "Agreement"). By accessing, browsing or using the Web Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept these terms, you shall not access or use the Web Site.

1.2 BVJ may change this Agreement at any time without prior notice. You may read a current copy by selecting "Terms of Use" on the Web Site. Revised terms become effective upon posting. Any use after that date constitutes acceptance. If changes are unacceptable, cease using the Web Site.

1.3 Your access and use are also subject to BVJ's Privacy Policy, the terms of which are incorporated herein by reference.

2. Use of the Web Site

2.1 The Web Site contains material including software, text, graphics and images (the "Content"). BVJ may own the Content or portions may come through third-party arrangements. Content is protected by U.S. and foreign intellectual property laws. You have no rights in the Content and will not use, copy or display it except as permitted. No other use is permitted without our prior written consent. You must retain all copyright notices on any copies. You may not sell, transfer, assign, license, sublicense, modify, reproduce, display, publicly perform, create derivatives, distribute, or use Content for public or commercial purposes. Posting Content on other websites or networked environments is prohibited. Violation terminates your access and requires immediate destruction of copies.

2.2 BVJ Trademarks (registered and unregistered) used on this Web Site are owned by BVJ. Third-party trademarks may also appear. Nothing grants any license or right to use Trademarks without BVJ's prior written consent for each use. Trademarks may not disparage BVJ or third-parties, or damage goodwill. Use as part of links is prohibited without consent. All goodwill from BVJ Trademark use benefits BVJ.

2.3 You agree not to: (a) impose unreasonable loads on Web Site infrastructure, (b) use devices, software or routines interfering with proper operation, (c) decipher, decompile, disassemble or reverse engineer software, (d) delete or alter material posted by BVJ or others, or (e) frame or link to materials on the Web Site.

2.4 The Web Site contains links to third-party sites ("External Sites"). These are provided for convenience, not endorsement. External Sites' content is developed by others. Contact those site administrators about concerns. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. Protect your computer from viruses when downloading. Access External Sites at your own risk.

2.5 Certain Web Site elements are protected by trade dress, trademark, unfair competition, and state/federal laws and may not be copied or imitated in whole or part, including through framing or mirrors, except as permitted by Section 2.1. Content may not be retransmitted without BVJ's express written consent for each instance.

3. Limitation of Liability and Disclaimer of Warranties

3.1 BVJ, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "BVJ PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. The BVJ Parties are not liable for truth, accuracy, completeness, errors, mistakes, omissions, or delays. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.

3.2 THE BVJ PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO BVJ PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

3.3 THE WEB SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE BVJ PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

3.4 IN NO EVENT SHALL ANY BVJ PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH BVJ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.5 Some states don't allow warranty disclaimers or exclusion of liability for consequential damages. Accordingly, in such states, some limitations may not apply, and liability shall be limited to the extent permitted by law.

4. Indemnification

You agree to defend, indemnify, and hold harmless the BVJ Parties from claims, actions or demands, including reasonable legal and accounting fees, arising from your breach of this Agreement or your access, use or misuse of Content or the Web Site. BVJ will provide notice of any such claim. BVJ reserves the right to assume exclusive defense and control. You agree to cooperate with reasonable requests assisting BVJ's defense.

5. Termination of the Agreement

5.1 BVJ reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content at any time and for any reason without prior notice or liability. BVJ reserves the right to change, suspend, or discontinue all or any part without prior notice or liability.

5.2 Sections 2, 3, 4, 5, and 8 survive termination.

6. User Must Comply with Applicable Laws

6.1 BVJ makes no claims about whether Content may be downloaded or is appropriate for use outside the United States. If accessing from outside the U.S., you do so at your own risk. You are responsible for compliance with your jurisdiction's laws.

6.2 The U.S. controls product and information exports. You agree to comply with restrictions and not export or re-export Content to prohibited countries or persons. Downloading Content constitutes agreement that you are not in a prohibited country or entity. You are solely responsible for compliance with your jurisdiction's import/export laws.

7. U.S. Government Restricted Rights

The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. Government use of the Web Site or Content acknowledges BVJ's proprietary rights.

8. Miscellaneous

This Agreement is governed by California's internal substantive laws without respect to conflict of laws provisions. You expressly agree to submit to exclusive personal jurisdiction of state and federal courts in San Francisco, California. If any provision is found invalid, remaining provisions remain in full force. BVJ's failure to enforce provisions does not constitute waiver. No waiver is effective without BVJ's written consent. This Agreement constitutes the entire agreement and supersedes prior agreements. Section headings are for convenience only. This Agreement benefits BVJ's successors, assigns, licensees, and sublicensees. Information you submit may be publicly accessible. You should protect important/private information. BVJ is not liable for privacy protection of electronic mail or information transferred through the Internet or other networks.