PLEASE READ THESE TERMS OF SERVICE AND FILL IN YOUR INITIALS ON THE ORDER FORM TO ACCEPT: It is important there is a clear understanding between your company and Business Documentation Software about certain fundamental aspects of the relationship such as billing/payment terms for service, liabilities, responsibilities of each party, etc. Note that we don’t ask for a long-term commitment and there is nothing onerous about any of our policies.
-Sam Carpenter, CEO and President
Terms and Billing Information
This Agreement shall automatically renew for successive renewal terms based on BDS’s then-current fees, unless either party provides written notice of its intent to terminate this Agreement.
Should you cancel your service and you are receiving regular billings, your charges and service will stop at the end of the current billing period.
Either party may terminate this Agreement upon prior written notice if the other party materially breaches any of the terms and conditions of this Agreement. BDS will have the right to suspend your use of or access to the Service in the event BDS determines in its sole discretion that you have breached this Agreement.
If a payment becomes five (5) days or more overdue, BDS reserves the right to suspend your access to the Service without any liability to you, until payment is made in full. If any payment becomes ten (10) days or more overdue, BDS may terminate this Agreement upon notice to you.
The terms provided in Agreement shall survive any termination of this Agreement. In addition, upon termination you shall promptly pay BDS all outstanding amounts due to BDS under this Agreement. If this Agreement is terminated by BDS due to your breach, which you fail to cure after receipt of written notice, or if you terminate this Agreement without cause prior to the end of the then-current term, then all fees unpaid for the remainder of the current term shall become immediately due and payable by you to BDS as liquidated damages, without any further demand by BDS. The parties acknowledge that BDS’s actual damages arising from such termination would be difficult to determine with accuracy and, accordingly, have agreed to the foregoing liquidated damages, which the parties acknowledge is a reasonable estimate of BDS’s potential losses.
Links to Other Sites
This Website may contain links to other sites. If so, and if you choose to use the services provided by those third-party websites, you may be asked by those sites to provide certain personally identifiable information. BDS is not responsible for the privacy practices of those sites. Please be aware when you leave our site, and read the privacy policies of each website that you visit. This Agreement applies solely to this Website. BDS is not responsible for the contents of any linked site or any link contained in a linked site.
All material available on this Website is the property of BDS and is protected by international copyright and trademark laws. All rights are reserved to BDS. You may not modify, copy, reproduce, republish, upload, transmit, broadcast, sell or distribute in any way any material from this site without express written permission from BDS. You are permitted to use material from this Website for your own personal, private, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Restrictions on Use
You agree that you will not, and will not assist or enable others to use the Website:
- to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person or entity, or otherwise interfere with use of the Website;
- to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, link to, or in any way exploit the Website or Website Content except as expressly authorized by BDS
- to mine, record or gather information about other users;
Termination of Service
BDS may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind.
Disclaimers and Liability
THE WEBSITE AND ALL WEBSITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. BDS MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH AND/OR SOLD ON THE WEBSITE, AND. BDS FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO CASE SHALL BDS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR OF ANY OF THE SERVICES OR PRODUCTS SOLD THEREON, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BDS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Oregon law shall apply to interpretation of these terms of service. Any and all disputes arising hereunder shall be resolved by final binding arbitration in Oregon conducted by the Arbitration Service of Portland, Oregon, according to the rules of the Arbitration Service of Portland. In any dispute arising hereunder BDS shall not be liable for lost profits or consequential damages. Compensation or damages for all claims based upon services rendered by BDS are limited to refund of amounts paid for specific services rendered for contested issue.
Limitations of Use
BDS is supported on the latest desktop versions of Google Chrome, Mozilla Firefox, Internet Explorer and Safari and are updated on a rolling basis (each time a new version is released, we begin supporting that version and stop supporting the third most recent version). Although BDS works on some mobile browser versions, full use is not guaranteed.