In order to conduct certain transactions (including purchases) through the Site, we require each customer to register an account (“Account”) with us through completion of an online registration form. You agree to provide accurate and complete information when You establish an Account, register with, and as You use, the Site, and You agree to update Your information to keep it accurate and complete. You agree that we may store and use Your information (and Your registered users’ information) in accordance with applicable law. You agree not to reveal Your login credentials to any person who is not authorized to use Your Account. You are solely responsible for maintaining the confidentiality and security of Your Account and for all activities that occur on or through Your Account, and You agree to immediately notify us if the security of Your Account is compromised. We will not be responsible for any losses arising out of the unauthorized use of Your Account.
When You visit the Site, send e-mails, or submit payments, data, information or other materials (whether tangible or intangible) to us or our third party providers, You are communicating with us electronically. Upon receipt, we will own such emails, payments, data, information (other than personal information) or other materials (whether tangible or intangible) submitted by You to us (or our third party providers) and may dispose of, use or retain any of the foregoing in our sole discretion. You consent to receive communications from us electronically. We may communicate with You by e-mail or by posting notices on the Site.
All notices from BMC intended for receipt by You shall be deemed delivered and effective when sent to the email address provided by You during Your completion of the user registration process or when posted to and made available to You on the Site (in either case, “Notice”). If You change Your email address, You must update the email address in Your Account profile.
All content included on the Site, including but not limited to text, information (including pricing and other terms available to You), graphics, logos, trademarks, service marks, trade dress, page headers, pictures, images, button icons, images, audio clips, digital downloads, data compilations, functionality and software (“Content”), is the property of BMC, its affiliates or their licensors and is protected by United States and international intellectual property laws. All software used on or in connection with the Site is the property of BMC, its affiliates or its software suppliers and is protected by United States and international copyright laws. Nothing on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use this Site or any Content without the owner’s prior written permission, except as otherwise described herein. BMC reserves all rights not expressly granted in and to the Site and the Content.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. BMC DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER BMC NOR ITS THIRD PARTY PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF (OR INABILITY TO USE) THE SITE, INCLUDING YOUR SUBMISSION OF ANY PAYMENT OR OTHER INFORMATION, IS AT YOUR SOLE RISK.
BMC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THAT BMC IS NOT RESPONSIBLE FOR ANY LOSS OF SUCH INFORMATION, ANY LOSS OF CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH, OR ANY OTHER LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH BMC RELATED IN ANY WAY TO THE USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND BMC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with us in the defense of such matter, at Your sole cost and expense.
We welcome Your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of BMC, and we may use all such communications in any manner without compensation to You.