This is a legal agreement between you (“you” or “user”) and us and states the material terms and conditions that govern your use of the Sites. This agreement (the “Agreement”), together with all updates, supplements, and all of BHE’s policies, in the aggregate, constitute the Agreement between you and BHE. BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED IN THE AGREEMENT, YOU CAN JUST LEAVE THIS SITE. BY CONTINUING TO USE THIS SITE OR ANY OF THE SITES YOU AGREE TO ALL THE TERMS IN THE AGREEMENT.
INTELLECTUAL PROPERTY AND PERMISSIONS
Site Access License. BHE grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, noncommercial use of the Sites or their Content and not to download or modify, other than page caching, all or any portion of the Sites and their Content, unless otherwise permitted by law or BHE. This license excludes: the commercial use of the Sites or their Content; the collection and use of any product listings or descriptions; any derivative use of the Sites or their Content; any copying, by download or any other means, of account information for the benefit of a third-party merchant; or any use of data gathering and extraction tools. Unless we otherwise consent in writing, you agree to not: use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of BHE, its content providers or its affiliates; and use meta tags or any other “hidden text” utilizing our name or trademarks. Additionally, you agree that you will not: (i) impose an unreasonable large load on our infrastructure; (ii) interfere with the Sites’ functionality; or (iii) bypass any access control measures to the Sites. Any unauthorized use of the Sites automatically terminates any permissions and licenses we have granted to you.
The Sites do not provide for e-commerce transactions through the Sites, or for any purchases to be made through the Sites. All purchases are made through linked third-party vendors. BHE is not responsible for any purchases or refunds from those third-party vendors, or for any information you provide to those vendors. You agree to address all purchase claims directly with the third-party vendors and not direct those claims to BHE or its licensors, including the Author. You are responsible for any Internet access and telecommunications service fees needed for use of the Sites and for any fees incidental to the use of the Sites.
You agree to the following in consideration of your subscription to reader lists or other lists: (a) you can only subscribe yourself and not another person; (b) you will provide true and accurate information; (c) you will maintain your information current. We reserve the right to suspend or terminate your subscription if the information provided is untrue, inaccurate or incomplete. BHE reserves the right to suspend, modify, or terminate any subscription program at any time.
COMMUNICATIONS AND REPRESENTATIONS
When communicating with us or the Author, or when posting a comment on the Sites, when applicable, you agree to: not make misrepresentations that could harm BHE or any third party, including impersonating a third party; not harass BHE representatives or the Author; not transmit or post content that is unlawful, obscene, defamatory, libelous, threatening, harassing, pornographic, or cause or encourage criminal conduct or violation of any law; not advertise or solicit business for yourself or others.
You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you may have with any other user or users of the Sites.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all risk of using and browsing the Sites. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITES, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. BHE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITES, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITES FOR ANY PURPOSE. BHE DOES NOT WARRANT THAT THE FUNCTIONALITIES CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BHE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (NOT BHE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL BHE OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BHE SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM BHE’S SITES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO BHE’S RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ANY AND ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.
IN NO EVENT SHALL BHE OR ANY AFFILIATED BHE ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF BHE OR A BHE AUTHORIZED REPRESENTATIVE HAS RECEIVED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BHE’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITES AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.
Neither BHE nor you shall be liable for damages or for delays or failures in performance or errors occurring by reason of circumstances beyond their control, including but not limited to, acts of civil or military authority; national, regional or local emergencies; work stoppages, including strike; fire, flood, catastrophe, hurricane, pandemic, and other acts of God or natural disasters; insurrection, war, riot; or failure of communication, power or fuel supply.
This Agreement is the entire agreement between you and BHE and supersedes any prior understandings or agreements whether written or oral.