BFG Technologies, Inc. (“BFG”, “us” or “we”), operates this website – http://www.BFGsystems.com. This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use, and disclosure of your Personal Information.
Definitions
“Account Information” means Personal Information that we may collect during your registration for a service provided by us, including your name, e-mail address and e-mail preferences, password for your account and password hint question, mailing address, billing address, and complete set of credit card information that enables us to receive your payment (including credit card authorization number – we do not retain your credit card number after your purchase has been shipped). Account Information includes Personal Information we receive (if any) from any approved third party billing agent. We may also ask you to provide additional information on an optional basis in connection with setting up your Account.
“Contact Information” means information that allows someone to identify or contact you, including, for example, your name, address, telephone number, and email address.
“Personal Information” is any information about you that is associated with or linked to your Contact Information.
“Anonymous Information” means information that is not associated with or linked to your Contact Information; Anonymous Information does not permit the identification of individual persons.
An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet.
“Affiliates” are parent companies, subsidiaries, joint ventures, or other companies under a common control.
User Consent
By using this website, you agree to the terms of this Privacy Policy. You also expressly consent to the use and processing of your Personal Information according to this Privacy Policy.
If you reside outside the United States, you understand that your Personal Information may be processed in countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.
Personal Information You Provide to Us
When you register for a service provided by us, we collect your Account Information. In addition, depending on the service, we may collect other information regarding your purchases and preferences while on the website. When you leave feedback, we will collect any information that is contained in your feedback. When you contact us by sending us an e-mail, fax, or letter, we will collect your address, fax number, or e-mail address and any information contained in the e-mail, fax, or letter you send us. We record any e-chat sessions you have with our service providers or us.
Personal Information Collected via Technology
As you use this website, certain information may also be collected passively, including your Internet protocol address, browser type, and operating system. We may also store a small text file called a “Cookie” on your computer to store certain information about you and your activities on the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). If you register for a service provided by us, we may include web beacons with the content and ads that we deliver to you as a part of that service, which we use to collect information regarding your interaction with such content and ads.
Personal Information from Other Sources
We may receive Personal Information about you from other third party sources. We may associate this information with the other Personal Information we have collected about you.
Use of Information
We use your Personal Information to respond to requests that you make, to improve this website, to better tailor its features and performance and, if applicable, provide a service to you. We track IP Addresses solely in conjunction with session cookies to analyze our web page flow. We may use records of e-chat sessions for support, training, and improvements to our services.
We may use your Personal Information to send you electronic newsletters or promotional e-mails, unless you have requested not to receive such promotional communications from us. We may also use your Personal Information to send you service-related communications. You may opt out of service-related communications if you terminate your Account.
We may create Anonymous Information records from Personal Information by excluding Contact Information (which makes the information personally identifiable to you). We reserve the right to use and disclose Anonymous Information at our discretion.
Feedback
If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Contact Information.
Disclosure of Personal Information
Except as otherwise stated in this Privacy Policy, we do not trade, rent, or share your Personal Information with third parties, unless you ask or authorize us to do so.
We may provide your Personal Information to third party service providers (including approved third party billing agents) who work on behalf of or with us to provide the services related to our products and this website. However, these service providers do not have any independent right to share this information (except pursuant to a legal requirement such as a subpoena or warrant).
We may share some or all of your Personal Information with our Affiliates in which case we will require our Affiliates to honor this Privacy Policy.
If our company or our assets related to this Privacy Policy are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information, as described in this Privacy Policy.
Law Enforcement Compliance
If you have registered for a service provided by us, we may be required by law, or by law enforcement officers acting under the color of law, to disclose some or all of your Personal Information or activity on the site. We may, and you hereby authorize us to, disclose your Personal Information (including your Account Information) and your activity on the website, if required by law or by law enforcement officers acting under the color of law, or if we believe in good faith that such disclosure is necessary to comply with relevant laws or to respond to subpoenas or warrants served on us.
Your Choices Regarding Your Personal Information
We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly (please see contact information below).
Despite your indicated e-mail preferences, if you have an Account, we may send you administrative e-mails regarding your service, including, for example, purchase confirmation, account creation confirmation, and notices of updates to our Terms of Use Agreement or Privacy Policy. You may change any of your Account Information by editing it in your account page.
You may request deletion of your Account or Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request, only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives.
Third Party Content and Ads
If you register for a website service provided by us, we may enable certain third parties to deliver content and ads on the Website. These third parties may collect (via tracking technologies like cookies or web beacons) and use Anonymous Information regarding your interaction with the content or ads that they deliver and with which you interact.
Regarding Children
We do not intentionally gather Personal Information from people who are under the age of 13. If you are under the age of 13, do not submit any personal information on this website.
Other Sites
Our provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.
Security
We make reasonable efforts to protect your Personal Information, but no company, including BFG, can fully eliminate security risks connected to handling information on the Internet. Please see our security policy and procedures for more information.
Contact Us
If you have any questions regarding this Privacy Policy or our compliance with this policy,
please contact us at marketing@BFGsystems.com
Privacy Policy Updates
This Privacy Policy may be modified or amended from time to time. If it is modified or amended, we will post the changes to our website. If you are concerned about how your Personal Information is used, you should check back at our website periodically to review the current Privacy Policy in effect. If you have registered for a service provided by us, this Privacy Policy is incorporated into the service terms and conditions for that service and is subject to occasional amendment in accordance with the terms of your service agreement.
This Privacy Policy was last updated January 5, 2009.
Copyright 2009, BFG Technologies, Inc. ALL RIGHTS RESERVED.
The entire contents of this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BFG Technologies, Inc. (“BFG”). The collective work includes works that are licensed to BFG. Permission is granted to display, copy, distribute and download the materials on this website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without BFG’s permission, "mirror" any material contained on this Site on any other server. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized in writing by BFG. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Unless otherwise indicated, all Trademarks or Services marks on this website, including Phobos™, belong to BFG. Any questions concerning the use of these Trademarks or whether a Trademark that is on this website is a Trademark of BFG should be referred to BFG at marketing@bfgsystems.com
NVIDIA Trademarks. NVIDIA, the NVIDIA logo, NVIDIA SLI, PhysX, GeForce, are trademarks and/or registered trademarks of NVIDIA Corporation in the U.S. and other countries. Other company and product names may be trademarks of the respective companies with which they are associated.
Intel Trademarks. Intel, the Intel logo, Intel Inside, the Intel Inside logo, Intel Centrino, the Intel Centrino logo, Celeron, Intel Xeon, Itanium, and Pentium are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries.
Microsoft Trademarks. Microsoft, Windows, Windows Vista and Windows Media are trademarks or registered trademarks of Microsoft Corporation or it subsidiaries.
Apple trademarks. Apple, iPod, and FireWire are trademarks of Apple Inc., registered in the U.S. and other countries.
Notice: Acceptance of Terms of Use.
Use of this website is subject to certain Site Terms, which constitute a legal agreement between you and BFG. By using this website, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use. Please review the Site Terms of Use, and if you do not agree to the terms, do not use this Site.
Providing you with a secure online experience is a high priority of BFG’s. Your privacy and security are of the utmost importance to us. We have devoted a great deal of effort to safeguard your personal information. Your transactions are supported by industry-standard data encryption. The BFG ordering process is protected by the Secure Sockets Layer (SSL) protocol, which encrypts your information and confirms the identity of the BFG website and server prior to the transmission of any customer information.
If you are still uncomfortable with submitting your personal information via the Internet for any reason, please feel free to contact us over the phone or via fax to complete your order.
The following are terms of a legal agreement between you and BFG Technologies, Inc. (“BFG”). By using this website and its services, you agree to be bound by these Terms of Use. We may update and modify these Terms of Use from time to time, and by continuing to use the site after the posting of a modification, you accept the modification. If you object to any terms and conditions of the Terms of Use at anytime, you should immediately discontinue use of the site.
Use of Site.
You are responsible for your own investment and purchasing decisions. The Website is designed to help you acquire the information you need to help you make your own decisions. You, however, must make those decisions. You are responsible for properly analyzing and verifying any information you intend to rely upon.
User Conduct and Responsibilities
You agree not to:
BFG reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate its systems properly, to protect the property or rights of BFG, or to safeguard the interests of its audience.
Rights to Content on the Site
BFG’s rights in contents of this website are addressed by our Copyright policy.
Any material, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by BFG or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You agree that by submitting information through or posting information on this website, you grant to BFG and its successors a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, distribute, display, reproduce, sublicense, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you. Notwithstanding the foregoing, all personal data provided to BFG Online will be handled in accordance with BFG’s Online Privacy Policy.
Privacy Policy .
Linking to BFG
Termination of Access
You agree that we may terminate or suspend your access to this website for any reason. Any suspected fraudulent, abusive, or illegal activities are possible grounds for termination. Neither BFG nor any its employees will be liable to you or any third party for the termination of your use of this website or any claims related to the termination of your use of this website.
Indemnification
You agree to indemnify and hold BFG, its officers, owners, agents, and any employee harmless from any claim or demand made by any third party due to or arising out of your use of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. BFG PROVIDES THIS WEBSITE AND ITS RELATED SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. BFG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING STATEMENTS, BFG MAKES NO WARRANTY THAT THIS WEBSITE OR ITS RELATED SERVICES WILL MEET USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BFG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THIS WEBSITE OR THE RELATED SERVICES OR AS TO THE ACCURACY OR RELIABILITY of ANY INFORMATION OBTAINED THROUGH THIS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BFG OR IN THE COURSE OF USING THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE of THE SERVICE IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOADING of ANY FILES ON THE SERVICE OR ANY EXTERNAL LINKS AVAILABLE ON THE SERVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BFG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF BFG OR A BFG AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limited Warranty, Warranty Service Policy, Extended Service Contracts
BFG Technologies, Inc. (“BFG”) warrants to the original purchaser of the computer included in this package ("Computer") that the Computer will be free from defects in material or workmanship (including any damage caused by BFG service professionals during installation) for a period of one (1) year from the date of installation by BFG service professionals.
BFG also offers Extended Service Contracts for purchase of this Computer. The Extended Service Contract coverage is effective at the time such coverage is purchased. The period of coverage regardless of when purchased commences on the original purchase date. The Extended Service Contract provides the same protection as the limited one-year warranty but for the additional extended term purchased.
This warranty is only valid if the Computer:
This warranty does not cover:
Warranty Service Policy. If you need warranty assistance with the Computer, just follow these simple steps.
BFG’s liability under this warranty, or in connection with any other claim relating to the Product, is limited to the repair or at BFG option, the replacement of the portion of the Product that was defective in material or workmanship.
BFG warrants that the repaired or replaced Products will be free from defects in material or workmanship for the remainder of the warranty period of the original Product that was returned.
EXCEPT AS EXPRESSLY STATED ABOVE, BFG TECNOLOGIES MAKES NO WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR OTHERWISE ON THE PRODUCTS, OR ANY PARTS OR TECHNICAL ASSISTANCE OR OTHER LABOR FURNISHED.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). BFG’s RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THE LIMITED WARRANTY PERIOD . NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED HARDWARE WARRANTY OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST DATA OR LOST SOFTWARE. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions ("Agreement") apply to your purchase of products and/or services and support ("Product") sold in the United States by BFG Technologies, Inc., including its affiliates or subsidiaries (“BFG”). By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement.
If you do not wish to be bound by this Agreement, you must notify BFG and cancel your order pursuant to BFG's Cancellation Policy section below.
Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and BFG.
Payment Terms; Orders. Terms of payment are within BFG's sole discretion. BFG requires a 15% non-refundable deposit for all Product purchased at the time the order is placed. The balance of the purchase price and cost of any related service plans will be charged at the time the Product is shipped to BFG’s service professionals. BFG service professionals will contact you to schedule an installation date for the Product within 48 hours of the shipment date. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method. BFG may invoice and charge for parts of an order separately. Your order is subject to cancellation by BFG, in BFG's sole discretion. BFG is not responsible for pricing, typographical, or other errors in any offer by BFG and reserves the right to cancel any orders resulting from such errors.
Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from BFG to you on installation at your designated location by BFG service professionals and payment in full. Loss or damage that occurs during installation by BFG or shipping by a carrier selected by BFG is BFG's responsibility. You must notify BFG within 21 days of the date of installation if you believe any part of your purchase is missing, wrong or damaged. Unless you provide BFG with a valid and correct tax exemption certificate applicable to your purchase of Product, you are responsible for any sales and other taxes associated with the order. Shipping dates are estimates only.
Warranties. THE LIMITED WARRANTIES APPLICABLE TO BFG PRODUCTS CAN BE FOUND AT Warranties OR IN THE DOCUMENTATION BFG PROVIDES WITH THE PRODUCT. BFG MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-BFG BRANDED PRODUCTS, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY BFG "AS IS" AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY BFG. BFG MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN BFG'S APPLICABLE WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, RECEIPT OR ACKNOWLEDGEMENT. BFG WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND BFG IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL BFG RECEIVES PAYMENT IN FULL. BFG MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF BFG DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.
Software. All software is provided subject to a license agreement and you agree that you will be bound by such license agreement in addition to these terms. License agreements are provided with the software on the Product. Title to software remains with the applicable licensor(s).
Cancellation Policy. Please email us at marketing@bfgsystems.com about canceling an order. Customers may cancel an order prior to shipment, but the non-refundable order deposit will be retained by BFG. If BFG cancels your order, your deposit will be refunded as soon as possible.
Changed or Discontinued Product. BFG's policy is one of ongoing update and revision. BFG may revise and discontinue Products at any time without notice to you and this may affect information saved in your online "cart." BFG will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.
Service and Support. In addition to these terms and conditions, BFG may provide such service and support to you in the continental United States in accordance with the term and conditions located at Warranties or as otherwise delivered to you. BFG may in their discretion revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. BFG has no obligation to provide service or support until BFG has received full payment for the Product or service/support contract you purchased. BFG is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not BFG. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). BFG will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by BFG. BFG is not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to BFG providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause BFG to be liable for copyright infringement if those files were copied by BFG.
BFG Technologies does not perform any data recovery services. If you are unable to access data on your drive due to damage or other mishap, you may wish to consider contacting an independent data recovery service.
To protect against power surges and power outages, BFG strongly recommend that you use power surge protection and UPS solutions suitable for your situation. Good practice suggests that you back up your data and store the backed-up data in a secure place, which assumes that an individual’s computer files are copied regularly on some type of removable medium, such as magnetic tape, CD or hard disk.
Limitation of Liability. BFG DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, BFG WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, BFG IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND BFG ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT, BFG'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAW.
Incorporation by Reference. Any other BFG policy or agreement that is referred to in this Agreement or linked to via a hyperlink is incorporated by reference into this Agreement as if fully set forth in this Agreement. You are responsible for accessing and reviewing any hyperlinked document. If you cannot access a linked agreement, please contact BFG at marketing@bfgsystems.com for a copy.
Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND BFG, ITS AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, ASSIGNS, AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH, "BFG") ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT (INCLUDING, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), BFG'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) UNDER ITS CODE OF PROCEDURE THEN IN EFFECT (AVAILABLE VIA THE INTERNET AT HTTP://WWW.ARB-FORUM.COM, OR VIA TELEPHONE AT 1-800-474-2371). IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN NAF CODE OF PROCEDURE AND THIS AGREEMENT, THIS AGREEMENT SHALL CONTROL. THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN CUSTOMER AND BFG. NEITHER CUSTOMER NOR BFG SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16. Any award of the arbitrator(s) is final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. BFG will be responsible for paying any individual customer arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
This is a license agreement between you and BFG Technologies, Inc. ("BFG"). This agreement is a license for the BFG software that is preloaded on the Computer and drives the touch screen LCD panel integrated into the front of the Computer (the "Software"). By using the Software, you agree to be bound by the terms of this agreement. If you do not agree to these terms, return all Software to BFG including any copies and written materials and delete any preloaded Software.
The Software is protected by United States copyright laws and international treaties. This agreement is a license and is not for the sale of Software or any other intellectual property. You may use one copy of the Software on only the Computer on which it was preloaded. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk provided you keep the original solely for backup or archival purposes. You may not rent or lease the Software or copy the written materials accompanying the Software, but you may transfer the Software and all accompanying materials on a permanent basis as part of a sale or transfer of the Computer if you retain no copies and the recipient agrees to these license terms. Any transfer must include the most recent update and all prior versions. You may not reverse engineer, decompile or disassemble the Software. All title and intellectual property rights in and to Software are owned by BFG. All rights not expressly granted under this agreement are reserved by BFG.
LIMITED WARRANTY
BFG warrants that the Software under normal use will be free from substantial defects in material and workmanship that render the Software inoperable for one (1) year from the date you receive it. This warranty is limited to you and is not transferable. Any implied warranties are limited to ninety (90) days from the date you receive the Software. Some jurisdictions do not allow limits on the duration of an implied warranty, so this limitation may not apply to you. The entire liability of BFG, and your exclusive remedy is to repair of these substantial defects or replace of the Software during the warranty period. This limited warranty is void if any damage is the result of a computer virus, accident, abuse, misapplication, or service or modification by someone other than BFG or its service professionals.
BFG does NOT warrant that the functions of the Software will meet your requirements or that operation of the Software will be uninterrupted or error free. BFG DISCLAIMS ALL OTHER WARRANTIES FOR THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction.
IN NO EVENT SHALL BFG BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow an exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
ADDITONAL TERMS
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN YOU AND BFG ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT, OR BFG'S ADVERTISING, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAW. Any dispute or claim of any kind arising out of or concerning this Agreement will be brought exclusively in a state or federal court of competent jurisdiction located in Cook County, Illinois. You and BFG agree to submit to, and waive any and all defenses to such jurisdiction and venue.
Each provision of this agreement is severable. If a provision is found to be unenforceable, this finding does not affect the enforceability of the remaining provisions, terms, or conditions.
This agreement is binding on successors and assigns. You acknowledge that you have read this agreement, that you understand it, that you agree to be bound by its terms, and that this is the complete and exclusive statement of the agreement between you and BFG regarding the Software.
This license is effective until terminated. It will terminate if you fail to comply with any of its terms. Upon termination, you agree to destroy the Software, the accompanying written materials, and all copies of each.