End User Website / Online Services Terms & Conditions
BOSS – End User Website/Online Services Terms & Conditions
BY PROCEEDING TO USE THE WEBSITE (www.bossfacilityservices.com) (the “Website”) AND INTERNET ACCESS PROVIDED BY BOSS FACILITY SERVICES, INC. (“BOSS”), YOU ACKNOWLEDGE AND SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN DO NOT USE BOSS’ WEBSITE AND INTERNET ACCESS, AND EXIT.
1. License
1.1 Limited License Grant
BOSS is the author and/or authorized sub-licensor of certain materials owned and created by BOSS or BOSS’ licensors. BOSS grants you a non-transferable, non-exclusive license to use the information, images and other content contained on the Website (the “Materials”), solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Materials. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities. BOSS and/or BOSS’ licensors retain all ownership rights in the Materials. The Materials are copyrighted and may not be copied, even if modified or merged with other Materials. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials. You agree not to remove any proprietary rights notices of BOSS and/or its licensors from the Materials.
1.2 Reservation of Rights
BOSS reserves any rights not expressly granted herein.
1.3 Restrictions
Elements of these web pages and the Materials are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the web pages generated by this server may be copied or retransmitted unless expressly permitted by BOSS.
1.4 User’s Communications are Not Confidential
You acknowledge that transmission to and from BOSS’ Website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to BOSS, no confidential, fiduciary, contractually implied or other relationship is created between you and BOSS other than pursuant to these Terms and Conditions.
1.5 BOSS’ Right to Monitor Information
BOSS may monitor your use of its Website and may freely use and disclose any information and materials received from you or collected through your use of its Website for any lawful reason or purpose. BOSS does not and cannot review all materials posted to its Website, and it is not responsible for any such materials posted by users. However, BOSS reserves the right at all times to disclose any information as necessary to satisfy any order, law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BOSS’ sole discretion are objectionable, inappropriate or unsuitable, or in violation of these Terms and Conditions, without notice or liability.
1.6 BOSS’ Right to Use User’s Communication
Moreover, by posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) on or to BOSS’ Website, you hereby grant to BOSS a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against BOSS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
2. Ownership
2.1 BOSS Material
The Materials are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All Materials contained on BOSS’ Website (the “Content”) are protected by copyright, and are either owned, controlled or licensed by BOSS. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. Unless otherwise explicitly stated herein, you may print but may not otherwise download, copy, reproduce, modify, publish, upload, post, or distribute in any way the Content without the express prior written consent of BOSS, provided that you maintain all copyright and other notices contained in such Content. Except as expressly provided herein, BOSS does not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information.
2.2 Third Party Material
The Materials published by BOSS on this server may contain other proprietary notices or describe products, services, processes or technologies owned or licensed by BOSS or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of BOSS or any third party, except for the right of use license expressly set forth above in these terms and conditions.
2.3 Advertisements
BOSS does not assume the responsibility of enforcing licensing requirements, or of checking for licenses, with respect to licensed professions or trades, prior to publishing advertisements.
2.4 Trademarks
The “Boss Facility Services Inc.®” trademark (U.S. Registration No. 3191579), and related marks, products, services, and the Material referenced herein, are protected by either registered trademarks or common law trademarks of and are exclusively owned by BOSS. Any other product and third-party company names referenced herein, and on its Website, may be protected by the trademarks of their respective owners.
3. Links to Third-Party Sites
There may be links on the Website that will let you leave BOSS’ site. The linked sites are not under the control of BOSS, and BOSS is not responsible for the content or accuracy of any linked site or any link contained in a linked site. BOSS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BOSS of the site.
4. No Warranty
BOSS AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS PUBLISHED ON THIS WEBSITE AND SERVER FOR ANY PURPOSE. THE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THE MATERIALS AND THE INTERNET GENERALLY. THE MATERIALS ARE COMPLEX AND MAY CONTAIN NONCOMFORMITIES, DEFECTS OR ERRORS. BOSS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
5. Errors and Corrections
THE MATERIALS PUBLISHED ON THIS WEBSITE AND SERVER COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. BOSS AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AT ANY TIME AT ITS SOLE DISCRTETION.
6. Limitation on Liability
IN NO EVENT SHALL BOSS AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS OR THE INABILITY TO USE DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY OTHER INFORMATION AVAILABLE FROM THIS SERVER. IF BOSS’ DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH WITH IN THIS AGREEMENT IS HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE OTHER TERMS AND CONDITIONS HEREIN SHALL REMAIN VALID AND EFFECTIVE.
7. Representations and Warranties to BOSS
You represent, warrant and covenant that: (a) you are of the age of majority in your state and, (b) you shall not upload, post or transmit to or distribute or otherwise publish through BOSS’ Website, any material which: (i) restricts or inhibits any other user from using or enjoying BOSS’ Website; (ii) in BOSS’ discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) violates, plagiarizes or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a computer virus, malware, trojan horse, or any other harmful component; and (vi) constitutes or contains false or misleading indications of origin or statements of fact.
8. Indemnification of BOSS
You hereby agree to indemnify, defend and hold BOSS, and any of its officers, directors, owners, agents, employees, representatives, advisors, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the BOSS’ Website and/or the Materials, or any breach by you of these Terms and Conditions, including, but not limited to, all liability and costs to BOSS for your infringement of any of your warranties, representations or acknowledgments herein. You shall cooperate as fully as reasonably required in the defense of any claim. BOSS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter related hereto without the prior written consent of BOSS.
9. Local Law
This server is operated from a location in the State of [STATE?], United States of America. BOSS makes no representation that the Website and/or Materials are appropriate for use in other locations. If you access this Website and server from other locations, you are responsible for compliance with any such local laws.
10. General
BOSS reserves the right to suspend, discontinue or modify any of the information contained on its Website and server at any time. BOSS shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without BOSS’ prior written consent. This Agreement shall be governed by the laws of the State of New York, exclusive of its conflicts of laws provisions. Any action or proceeding to enforce or interpret these terms and conditions shall be brought exclusively in a court of competent jurisdiction within the County of Suffolk, and State of New York. The user shall pay any taxes on the information or transactions, except for those based on BOSS’ annual net-income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. The user agrees to comply with all applicable laws in using this Website or the information contained herein. No waiver of any obligation or right of either party shall be effective, unless in writing, executed by the party against whom it is being enforced. Any such waiver shall not preclude a party from exercising any other right or later exercising the same right. Any notice under this Agreement shall be delivered by Federal Express, pre-paid, overnight courier to BOSS, at the address below.
BOSS FACILITY SERVICES, INC. (“BOSS”)
60 Adams Avenue
Hauppauge, NY 11788
[info@bossfacilityservices.com]