1. Description of Website and Services
BMS provides you with access to its Website which may include product information, blogs, documentation, knowledge base, forums (collectively “Website Features”). The use of Website Features, including any updates, enhancements, new and/or the addition of any new web properties, are subject to these TOU. These TOU do not apply to the use of the Snap Schedule 365 applications and software-as-a-service (collectively “Services”) which is governed by the Snap Schedule 365 Subscription Agreement.
2. Privacy and Protection of Personal Information
Protecting the privacy of our customers and users is very important to BMS. The Website Privacy Statement describes how we use and protect information you provide to us. The most current version of the Privacy Statement can be reviewed by clicking on the “Privacy” hypertext link located on the Website pages.
3. Materials Posted on This Website
This Website contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as “Content”). The Content may be owned by BMS or may be provided by others, including other users of the Website, our service providers and their partners, sponsors, or affiliates. The Content is protected by copyright, patent, trademark, and other proprietary rights under both United States and foreign laws and may not be modified or altered in any way. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this TOU. Under no circumstances will you acquire any ownership rights or other interests in any content by or through your use of the Website.
4. Software Available on This Website
Any software that is made available to download, hosted, or delivered as a service (collectively referred to as “Software”) from this Website is the copyrighted work of BMS and/or its suppliers. Use of the Software is governed by the license terms and/or subscription terms (“License Agreement”) which accompany or are included with the Software. The Software is made available for download solely for use by end users according to the License Agreement. Any use, reproduction, or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.
5. Copyright and Trademarks
The information available on or through this Website is the property of BMS, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Website for commercial or public purposes. Users may not use the trademarks, logos and service marks for any purpose including, but not limited to use as “hot links” or meta tags in other pages or sites on the World Wide Web without the written permission of BMS or such third party that may own the mark.
Snap Schedule, Snap Schedule 365, Snap Schedule Premium, Snap Connect, and Business Appointment Manager are either trademarks or registered trademarks of BMS. Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. No Unlawful or Prohibited Use
As a condition of your use of the Website, you will not use the Website Features for any purpose that is unlawful or prohibited by these TOU. You agree not to modify, move, add to, delete or otherwise tamper with the information contained this Website, reverse engineer, break into the Website or gain unauthorized access to any parts of the Website, or use materials, products or services in violation of any law. By using the Site, you represent and warrant that you are 13 years of age or older. The use of this Site is at our discretion and we may terminate your use of this Site at any time.
7. Links to External Sites
Links to external websites are provided solely as a convenience to you and not as an endorsement by us. The content of such external websites is developed and provided by others thus we cannot accept any responsibility or liability.
8. Password and Security
You are entirely responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Website. We are not responsible for any losses due to stolen or hacked passwords. If any of the Website Features require you to create an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You agree to notify BMS immediately of any unauthorized use of your account or any other breach of security. BMS will not be liable for any loss that you may incur as a result of someone else using your user name, password, or account, either with or without your knowledge.
You agree to defend, indemnify, and hold us and our partners, service providers, employees, and affiliates, harmless from and against any liability, claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your violation of this TOU or use of the Website.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS-IS”, “AS AVALABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE, OUR PARTNERS, SERVICE PROVIDERS, EMPLOYEES, SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, MISTAKES OR OMISSIONS THEREIN, ANY DELAYS OR INTERRUPTIONS OF THE DATA OR SERVICES, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR OUR PARTNERS AND SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, LITIGATION, OR THE LIKE) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
12. Use of Information
We reserve the right, and you authorize us, to use and assign all information regarding site use by you and all information provided/submitted by you in any manner consistent with our Privacy Statement.
13. Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- Identification of where the material that you claim to be infringing or to be the subject of infringing activity is located on the Website;
- Information reasonably sufficient to permit or our Copyright Agent to contact you, such as an address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent to receive notifications of claimed infringement is: General Counsel, Business Management Systems, Inc., PO Box 17188, Anaheim, CA 92807.
14. Applicable Law
You agree that the laws of the State of California, without regard to conflicts of law provisions, will govern these TOU.
If any provision of this TOU is found to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that this TOU will otherwise remain in full force and effect.
We may terminate this TOU at any time, with or without notice, for any reason.
17. Contact Information
Questions regarding this TOU should be directed to:
Business Management Systems, Inc.
PO Box 17188
Anaheim, CA 92807, USA.