Terms of Use

Thank You for visiting www.bsmconnection.com (the “Website”), which is owned and provided by BSM Consulting, (including its affiliates) (“BSM,” “us,” or “our”). Your use and access of the Website is governed by and subject to the following terms and conditions.  If You do not agree to these terms, or if You do not agree with our Privacy Policy, which is available here, please do not use the Website or any services offered by the Website.  BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.

Member Accounts—In order to use certain features of the Website You will have to create an account (“Member Account”) and agree to our Online Services Client Contract. You may use certain limited portions of the Website without creating a Member Account, in which case, this Terms of Use and our Privacy Policy shall govern Your use and how we collect, use, store and protect any information You provide.    


Intellectual Property Ownership—Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by BSM and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws.  As between BSM and You, all right, title and interest in and to the Content will at all times remain with BSM and/or its Owners.  The word “BSM,” the “BSM ” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of BSM.  With respect to any logos or marks of any persons, entities and/or companies commented upon or submitted by users of the Website, such use is the sole responsibility of, and is stored upon our servers or system solely at the direction of, such users, and subject to the protections afforded to BSM as an interactive service provider under Section 512(c) of the Digital Millennium Copyright act of 1998 (“DMCA”).  Please see the Digital Millennium Copyright Act section below for more details on our policies and procedures regarding any issues in relation thereto.

Limited Use; Restrictions on Use—The use or misuse of any Content, except as provided in this Terms of Use, is strictly prohibited.  BSM grants to You a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: (a) You shall not, without our express written consent, distribute text or graphics to others, (b) You shall not, without our express written consent, copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) You shall not use any tradename, trademark, or brand name of BSM in metatags, keywords and/or hidden text, (d) You shall not, without BSM’s express written consent, copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) You shall not create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, (f) You shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to BSM, the Owner, or any third party referenced therein, and (g) You shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only.  We reserve all other rights.  You do not acquire ownership rights to any Content viewed or accessed, and BSM’s posting of the Content on the Website does not constitute a waiver of any right in such Content.  You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.  Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under BSM’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.  Notwithstanding anything herein to the contrary, BSM may revoke any of the foregoing rights and/or Your access to the Website, or any part thereof, including the blocking of Your IP Address, at any time, in its sole discretion, without prior notice.

Submissions—The Website may permit You to upload and store certain opinions, reviews, content, and/or other online materials (“User Submissions”) to our systems, networks, and servers and to publish, display, distribute, reproduce and/or perform such User Submissions, or any derivative work thereof, via the Website.  If You direct BSM to store a User Submission and/or a Posting on our networks, systems or servers and/or otherwise make a User Submission and/or a Posting available via the Website, You shall, and hereby do, agree and acknowledge that (a) except as set forth herein, BSM does not edit, review, select, censor or otherwise control the publication of any User Submission, (b) all User Submission and/or Postings are published by You and reside on BSM’s systems, networks, or servers at Your sole direction, (c) You shall be solely responsible for any User Submissions and/or Postings uploaded, stored, published, or otherwise copied, distributed or displayed by BSM at Your direction, and (d) BSM does not guarantee any confidentiality with respect to any User Submissions and/or Postings that You choose to upload and store on our networks, systems or servers and publish or otherwise copy, distribute, perform or otherwise display using the Website.  Further, although BSM reserves the right to review any User Submission and/or Posting at any time, You acknowledge that BSM is under no obligation to do so.  Notwithstanding the foregoing, and in compliance with Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) and Section 230 of the Communications Decency Act, BSM reserves the right, in its sole discretion, to refuse, remove or delete any User Submission and/or Posting at any time and for any reason.

Links—The Website may contain links allowing You to leave the Website for other sites that are not under our control (“Linked Site”).  BSM provides the linked sites to You only as a convenience and does not endorse any Linked Sites.  BSM is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses.  BSM is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites.  Your linking to any Linked Site or any other off-site page or other site is entirely at Your own risk.  BSM encourages You to carefully read the policies of each site You visit.

Online Privacy PolicyBSM takes Your privacy very seriously.  Our Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website.  Please read and understand our Privacy Policy before accessing our using the Website.

Digital Millennium Copyright Act—BSM is committed to respecting and protecting the legal rights of copyright owners.  As such, BSM adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).  If You believe any of the Content infringes upon Your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”).  To be valid, a DMCA Takedown Notice must (a) be provided to BSM’s designated agent, (“Copyright Agent”), as set forth below, and (b) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;

  • A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, of the law; and

  • A statement that, under penalty of perjury, the information in the notification is accurate and You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

BSM’s Copyright Agent to receive DMCA Takedown Notices can be reached at copyright@BSM.com.  For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website.  You acknowledge that in order for BSM to be authorized to takedown any Content, Your DMCA Takedown Notice must comply with all of the requirements of this Section. 

No Archive—Notwithstanding anything contained herein, the functionality provided to You by the Website and our systems, networks and servers are not an archive and BSM shall have no liability to You or any other person for loss, damage, or destruction of any Posting or any other information submitted to or via the Website.  You shall be solely responsible for maintaining independent archival and backup copies of any User Submission and/or Posting. 

United States Hosting—By using the Website, You agree and acknowledge that the Website is hosted in the United States. If You are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through Your continued use of this Website, which is governed by U.S. law, this Terms of Use, and our Privacy Policy, You are transferring Your personal information to the United States and You consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of Nevada with respect to any dispute arising from or related to the Privacy Policy and/or Your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Nevada, and (c) the exclusive jurisdiction of the courts of the United States and the State of Nevada. Any claim or dispute between You and BSM that arises in whole or in part from Your use of the Website or in connection with this Terms of Use or our Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Reno, Nevada, U.S.A.  Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

Disclaimers—Without limiting the foregoing, the Content and all other features on the Website are provided to You “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Website and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement.  Should applicable law not permit the foregoing exclusion of express or implied warranties, then BSM hereby grants the minimum express or implied warranty required by such applicable law.  No advice or information, whether oral or written, obtained by You from BSM, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section.  Additionally, BSM does not make any warranties that the Website will be uninterrupted, secure or error free or that Your use of the Website will meet Your expectations, or that the Website, Content, or any portion thereof, is correct, accurate, or reliable.  BSM reserves the right to change any part of the Website at any time without notice. FURTHER, BSM DOES NOT ENDORSE, APPROVE OR PROMOTE ANY PRODUCT OR SERVICE DISPLAYED ON THE WEBSITE, WHETHER BY YOU, A THIRD PARTY ADVERTISER OR ANY USER OF the WEBSITE.  THE INFORMATION PROVIDED ON the WEBSITE IS FOR CONVENIENCE ONLY AND BSM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, OPINION, ADVICE, RECOMMENDATION OR SERVICE PROMOTED, ADVERTISED OR OFFERED BY ANY BSM USER, THIRD PARTY, OR OTHER ENTITY MADE AVAILABLE THROUGH THE WEBSITE, CONTENT, AND/OR USER SUBMISSIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BSM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability—Your use of the Website is at Your own risk.  Neither BSM, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of Your access to or use of the Website or arising out of any action taken in response to or as a result of any Content or other information available on the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.  The foregoing shall apply even if BSM was advised of the possibility of such damages.  If You become dissatisfied in any way with the Website or its Terms of Use or Privacy Policy, Your sole and exclusive remedy is to stop Your use of the Website and its services.  You hereby waive any and all claims against BSM and its affiliates, agents, representatives and licensors arising out of Your use of the Website.  Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to You.  If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of BSM and its affiliates shall not exceed one hundred dollars ($100).  The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk.  The Website would not be provided without such limitations and You agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.  

No Framing; Links; Third Party SitesFraming, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from BSM.

Ability to Accept Terms of Use—You affirm that You are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

Assignment—The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by BSM without restriction.

IndemnificationYou hereby agree to indemnify, defend and hold harmless BSM, and BSM’s suppliers (including Content suppliers), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of: (a) Your use of the BSM Services; (b) Your breach of any representations, warranties or covenants in these Terms of Use; (c) any Member Content posted or transmitted by You on or through the BSM Services; (d) Your acts and omissions; and (e) Your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party.  BSM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You will have no further obligation to provide indemnification for such matter; provided, however, that You will use best efforts to cooperate with BSM in such defense.  To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of BSM or any of BSM’s third party suppliers of Content, and its and their affiliates, partners, subsidiaries and employees.

NoticeFrom time to time, we may revise these Terms of Use.  To help You stay current of any changes, BSM takes the following two steps: (a) we note the date the Terms of Use was last updated below and (b) when we make a change to these Terms of Use, we will post conspicuous announcements of such changes on the homepage of the Website for 30 days following the date the Terms of Use was updated. Your use of the BSM Services following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy.  We strongly recommend checking Terms of Use periodically.  We may also, at our sole discretion and with no obligation to do so, provide notices and other communications to You by email or by postings within Your Member Account.  You will be solely responsible for keeping Your email addresses updated and we will not be responsible for any undelivered notices caused by Your failure to do so.

Miscellaneous—BSM’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.  If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.  A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.