Terms & Conditions
Terms and Conditions: Beecher Carlson Holdings, Inc. (“Beecher Carlson”) provides the web pages available at this Beecher Carlson web site (the “Website”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY WHEN ACCESSING THE WEBSITE. BY ACCESSING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THIS WEBSITE.
The Internet and this Website are constantly evolving. Beecher Carlson reserves the right at any time to change or modify these Terms and Conditions of Use or to impose new conditions with respect to your use of this Website. Beecher Carlson shall also have the right at any time to change or discontinue any aspect of or feature of this Website, including but not limited to content, functionality, and means of access or use. Such changes, modifications, or additions shall be effective immediately upon notice to you, which may be given by means including but not limited to posting on these Terms and Conditions of Use or elsewhere on the Website, electronic mail, or any means by which you obtain actual knowledge.
Copyright Ownership, License and Restrictions on Use: All right, title and interest (including all copyrights, trademarks, patent rights and other intellectual property rights) on the Website and all information contained therein is and shall remain the sole property of Beecher Carlson and its licensors, as applicable. You are authorized to view and use information retrieved from the Website solely for your personal or internal business purposes. Except with prior written authorization from Beecher Carlson, no material available on the Website may be copied, reproduced, downloaded, uploaded, displayed, sold, posted, distributed, incorporated into another work, used to create a derivative work, or otherwise exploited in any way, except that limited reproduction is permitted for your personal and internal business purposes. In no event may you remove any copyright or other proprietary notices or legends appearing on this Website or any materials provided.
Trademarks: BEECHER CARLSON and the Beecher Carlson logo are the registered trademarks of Beecher Carlson Holdings, Inc. The other trademarks, service marks and logos displayed in the Website are registered and unregistered trademarks of Beecher Carlson and others. Nothing contained on this Beecher Carlson Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of Beecher Carlson or such third party that owns the trademark.
Links: This Website may contain hypertext links to web sites of other third parties. Beecher Carlson does not control these web sites and is not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked sites. The existence of such links does not indicate any association between Beecher Carlson and the owners or operators except as specifically set forth on this Website or in other Beecher Carlson materials. You assume sole responsibility for use of third party links.
Disclaimers: You acknowledge that Beecher Carlson does not own, operate or manage the Internet; the Internet is a separate network of computers, independent of and not subject to the control of Beecher Carlson; communications on the Internet may not be secure and may be subject to interception or loss; certain Content available on the Internet is copyrighted and may have been distributed in violation of copyright laws. You further acknowledge that Beecher Carlson has no obligation to review the Content posted on the Website. Under no circumstances will Beecher Carlson be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Website. Accordingly, you agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Beecher Carlson does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
THE WEBSITE AND ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND BEECHER CARLSON EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL BEECHER CARLSON OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEECHER CARLSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE.
Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.
Indemnification: You agree to indemnify and hold Beecher Carlson and its affiliates, directors, officers, agents, subcontractors, service providers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) content you submit, post to or transmit through the Website, (ii) any violation of these Terms and Conditions of Use, or (iii) any violation of any rights of a third party you cause.
Export Controls: You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to send to Beecher Carlson any data or software that cannot be exported without prior written government authorization.
Miscellaneous: You agree that if any provision of these Terms and Conditions of Use is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of these Terms and Conditions of Use, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Except as required by applicable non-U.S. local or national law, any legal action or proceeding arising out of or relating to these Terms and Conditions of Use or the Website shall be exclusively subject to the jurisdiction of the laws of the State of Georgia, United States of America, excluding its conflicts of law rules. Your conduct and use of the Website may be subject to other local, state, national (U.S. and non-U.S.), and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Beecher Carlson regarding the Website or relating in any way to your use of the Website resides in the courts of the State of Georgia. You further agree and expressly consent to the exercise of personal jurisdiction in the Georgia courts in connection with any such dispute, including any claim involving Beecher Carlson or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to the Website and your use of the Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions of Use, including without limitation this paragraph.