BCM One, Inc.
Website User Agreement

Effective January 1, 2021

The following terms and conditions apply to your use of and access to any website owned or operated by BCM One or its subsidiaries, affiliates, and licensors (each, a "BCM One Website"), which are designed to tell you more about our company and its products, services, equipment, third-party-provided products and services, software, and any other services (collectively, "BCM One Products"). The terms "we" or "us" or "our" refer to BCM One, and the terms "you" or "your" refer to you, the person using or accessing the BCM One Website.

BCM One Products are provided to you subject to separate, specific terms and conditions for each BCM One Product, which govern in the event of any inconsistency with this Agreement. By using or accessing a BCM One Website, you agree to these terms and conditions, including all additional BCM One policies incorporated by reference and/or described below (collectively, this "Agreement"). To use a BCM One Website, you represent that you are an adult of at least 18 years of age and fully competent to enter into this Agreement. If you do not wish to be bound by this Agreement, you should not access, subscribe to, or otherwise use a BCM One Website. BCM One may modify this Agreement at any time without notice to you. Modifications will be deemed effective immediately upon posting of the modified terms at www.bcmone.com.

You should carefully read this Agreement, including the required use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and the limitations on the remedies available to you in the event of a dispute, as fully described in the "Dispute Resolution" section of this Agreement

  1. Registration and Information Provided. On BCM One Websites, you agree to provide information which is accurate, complete, and not misleading, and update all such information to maintain its accuracy and completeness. BCM One may restrict, suspend, or terminate your access to BCM One Websites without notice, including if we determine or reasonably suspect, in our sole discretion, that you have provided inaccurate, incomplete, or deceptive information. In such instances, you agree BCM One will not be liable to you or any third party for such restriction, suspension, or termination. In addition to BCM One-specific information and content related to BCM One Products, BCM One Websites contain information and services offered by or available through third parties that may not be affiliated with BCM One. BCM One is neither responsible for nor has an obligation to review, sponsor, or evaluate anything related to such third parties or content contained on any third-party website accessible from a link on a BCM One Website. Such third-party websites are provided for your convenience and accessibility of such links and websites does not imply affiliation or endorsement by BCM One of such websites and any content or services provided or described there. You may access such websites at your own risk, and should review and understand all applicable policies governing such websites.

  1. Account Security. You agree to keep confidential all passwords, user IDs, IP addresses, account identifiers, and other BCM One Website-entry materials (collectively, "Your Identifiers"), and you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur on BCM One Websites related to Your Identifiers, your BCM One account information, credit card/debit card/account numbers, or bank or financial institution information. You agree to immediately notify BCM One if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with you) or unauthorized disclosure or use of Your Identifiers by calling the customer service number listed on your invoice. You also agree to periodically change your passwords. You authorize BCM One to provide information about and to make changes to Your Identifiers upon the direction of any person able to provide information we deem sufficient to identify you. There is a risk that other users may attempt to access Your Identifiers on your behalf, such as through the public Internet. BCM One will not be liable for any actions, claims, costs, damages, or expenses arising from Your Identifiers being lost or stolen. You acknowledge this risk as inherent to the nature of using and accessing BCM One Websites and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.

  2. Applicable Policies. You agree to comply with applicable BCM One policies, including the BCM One Acceptable Use Policy, BCM One Privacy Policy, and all Copyright Notices, all as posted to http://www.bcmone.com/Legal (or successor URL) and incorporated by this reference, when you use BCM One Websites. If you do not agree with the terms of any of these policies, do not use BCM One Websites. BCM One Websites utilize, in whole or in part, the public Internet and third party networks to transmit information, including Your Identifiers and information related to you. You acknowledge and understand that BCM One cannot guarantee that BCM One Websites are completely secure or without threats. BCM One is not liable for any lack of privacy which may be experienced with regard to the BCM One Websites. BCM One may, but is not obligated to, monitor the BCM One Websites for various purposes, and BCM One and its third-party vendors may access and use information regarding performance of BCM One Websites to perform maintenance, support, and other service-quality activities.

  3. Copyrights. The content, names, images, text, programs, graphics, and other materials found or displayed on a BCM One Website (collectively, "Materials"), and any software accessed or downloaded to enable such items ("Software") are protected by applicable copyright and trademark laws and are the sole property of the BCM One, its subsidiaries or affiliates, or third-party content providers with whom BCM One has a relationship. BCM One reserves all rights related to Materials and Software. Any use of Materials and Software outside or beyond your permitted use of a BCM One Website is strictly prohibited without the express written consent of BCM One. Any unauthorized use of Materials or Software which violates copyright or trademark laws may result in criminal or civil penalties. Subject to this Agreement, you are granted a limited, non-sublicensable right to access the BCM One Website, Materials, and Software for your personal, non-commercial use. However, Software may not be downloaded or otherwise exported or re-exported into any country for which the United States maintains an embargo on such exports or to any person on lists identified by the United States, including any United States agency or department which controls such exports. By downloading or using the Software and any related information or technology, you agree to these restrictions and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If you believe your work has been copied and posted, stored, or transmitted to the BCM One Websites in a way that equals copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) according to the Copyright Notices posted to http://www.bcmone.com/legal (or successor URL).

  4. Trademarks and Service Marks. Trademarks used or displayed on BCM One Websites are owned by BCM One or third parties with whom BCM One has a relationship and who provide products and services on or through the BCM One Websites. BCM One's trademarks, service marks, trade names, company name, graphics, logos, scripts, headers, icons, or other marks may not be copied, used, or modified in any form or manner. Trademarks, service marks, trade names, company name, graphics, logos, scripts, headers, icons, or other marks of any other companies or entities that appear on a BCM One Website are the property of their respective owners and such owners may not be affiliated with BCM One. You will not use any meta tags or any other hidden text using any BCM One name, trademark, or service mark.

  5. Content Provided to BCM One.
    1. Order Information. BCM One may establish and implement processes and procedures impacting orders that are placed on, through, or with the assistance of BCM One Websites, including requiring you to validate information or placing limits on the quantity, nature, or type of BCM One Products available to you. In its sole discretion, BCM One may cancel or reject orders for BCM One Products at any time.
    2. Content You Submit to BCM One. Some BCM One Websites permit you to post content, including data, photos, text, audio, video, graphics, and ideas (collectively, "User Content"). You represent and warrant that you own or have control over all rights to the User Content you provide on a BCM One Website, there is no confidentiality obligation or expectations of any kind, and such User Content does not violate the terms of this Agreement. You will indemnify BCM One for all claims resulting from the User Content you provide on a BCM One Website. You agree to provide BCM One with a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all such provided User Content, in whole or part, worldwide and/or to incorporate it in other works in any form now known or later created, and create and exercise the same rights with respect to such other works. You also permit any user of a BCM One Website to access, display, save, distribute, reproduce and prepare derivative works of such User Content. You grant BCM One the right to use your name in connection with the User Content, including the right to use your name in advertising and marketing materials. Any use by BCM One of User Content shall not require permission from you or payment to you or any other party. No compensation will be paid to you by BCM One or any third party related to any type of use, distribution, or publishing of such User Content in any way or forum. BCM One has no duty or obligation to validate, use, access, post, or distribute such User Content, and BCM One has no duty or obligation regarding confidentiality of any User Content. BCM One, in its sole discretion, may remove, refuse to use or access, or not permit others to use or access at any time without notice. You accept full responsibility and any liability for User Content you access, upload, transmit, transfer, or view by or through a BCM One Website and the Internet, and BCM One has no responsibility, accepts no liability, and does not endorse such User Content, including any statements, positions, opinions, advice, suggestions, errors, defamatory content, slander, libel, inaccuracies, obscenity, profanity, or pornography that may be contained in User Content. BCM One values any feedback you may have about a BCM One Website. However, if you send us any type of communication concerning the BCM One Website or any BCM One Product, the content of your communication will be treated as nonproprietary and nonconfidential (even if marked confidential or similar denotation) and will become BCM One property to use, reproduce, disclose, and distribute for any purpose whatsoever, without limitation to the extent permitted by applicable law and without compensation to you.

7.     Access to and Permissible Use of BCM One Websites. You agree not to use any BCM One Website for any unlawful, abusive, or fraudulent purpose, including without limitation, using a BCM One Website brand, avoids your obligation to pay for BCM One Products, constitutes a criminal offense, gives rise to a civil liability, or otherwise violates any law or regulation. BCM One will make reasonable attempts to provide uninterrupted service, but there may be instances where a BCM One Website is delayed, impaired or impossible (collectively, "Technical Issues"). Should you experience any Technical Issues, you are to promptly contact BCM One. BCM One will not be liable to you for any loss of information, blockages or delays affecting data, information, notifications, purchases, deliveries or any other aspect of a BCM One Website due to Technical Issues. You will use BCM One Websites in a manner consistent with this Agreement, and not take any of the following actions with respect to any BCM One Website or use a BCM One Website to provide, post, transmit, email, link or otherwise make available any content in a manner that:

    1. uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from a BCM One Website or otherwise monitors or copies any portion of a BCM One Website or a BCM One Product;
    2. contains software viruses, worms, time bombs, corrupted files, trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
    3. disrupts, interferes or inhibits any other user from using or enjoying a BCM One Website or other affiliated or linked websites, material, contents, products and/or services, including BCM One Products;
    4. creates a false identity for the purpose of misleading others;
    5. prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
    6. uses any BCM One domain name as a pseudonymous return email address;
    7. constitutes or contains any offer for unsolicited or unauthorized advertising or offers for goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose, including junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
    8. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    9. attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or a BCM One Website;
    10. reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of a BCM One Website, use of a BCM One Websites, or access to a BCM One Website;
    11. publishes, publicly performs or displays, or distributes to any third party any content, including reproduction on any computer network or broadcast or publications media;
    12. systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;
    13. makes derivative uses of a BCM One Website or any content on a BCM One Website;
    14. uses, frames, or utilizes framing techniques to enclose any portion of a BCM One Website (including images found at a BCM One Website or any text or the layout/design of any page or form contained on a page);
    15. is unlawful and/or, in BCM One's sole discretion, is harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
    16. infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights, or attempts to remove any proprietary notice or labels from any content on a BCM One Website;
    17. advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
    18. is deceptive in any way, including any offers to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
    19. specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
    20. contains a charity request, petitions for signatures, chain letters or letters relating to any type of scheme or program; and/or
    21. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate a BCM One Website. For purposes of this Agreement, "reverse engineering" includes the examination or analysis of a BCM One Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of a BCM One Website's underlying technology.

  1. Disclaimer of Warranties. BCM One makes no warranty, guarantee, or representation that your use of any BCM One Website will be protected from viruses, security threats, or other threats or vulnerabilities. BCM One also does not warrant that information on BCM One Websites, including information related to BCM One Products, is accurate, complete, or current. It is possible that pricing or service capabilities described for BCM One Products on BCM One Website have changed. In all such instances, BCM One will make reasonable efforts to address the error as soon as practicable. BCM One Websites and all related information, content, and supporting systems are made available to you "as is", "with all faults", and "as available" and BCM One does not warrant, in any way, the availability, accuracy, completeness, currentness, suitability, reliability, title, usefulness, noninfringement, merchantability, or fitness for a particular purpose of such items. You access BCM One Websites at your own risk. You understand and agree that you are solely responsible for any damages to your computer system or loss or theft of data or information that results from your use of BCM One Websites or downloading of any material accessed from or otherwise provided through a BCM One website. BCM One does not guarantee that BCM One Websites or any of its websites will be error-free, continuously available, or free of harmful components, including, without limitation, viruses, worms, trojan horses, or other programs that are capable of disabling, damaging, interfering, altering, intercepting, or otherwise impacting or affecting a BCM One Website or any BCM One systems, network, or services, or your computer, mobile device, supporting equipment, or any other hardware, software, network, or other systems.

  2. Limitations of Liability. Under no circumstances will BCM One, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers be liable to you or any other party for damages arising out of or in a connection with any act or omission by you or another person or entity, any failure or delay in making BCM One Websites available to you for any reason at any time, or content or information accessed while you use BCM One Websites, any cause of action resulting from your use or attempted use of BCM One Websites in any manner, or any transaction performed or attempted to be performed on or through a BCM One Website. This is a comprehensive limitation of liability that applies to damages of any kind, including compensatory, incidental, consequential, direct, indirect, punitive, or special damages, whether in contract, tort, strict liability, or otherwise, including, without limitation, lost profits or revenue, loss of opportunity, and cost of replacement services. In the event applicable laws in certain states do not permit application of this limitation of liability or limit its applicability, you agree the aggregate liability of BCM One in such instances for liability that would have otherwise been limited by this section will not exceed one hundred dollars ($100).

  3. Indemnification. You agree to indemnify, defend and hold harmless BCM One, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys' fees, made by a third party arising from or in connection with any violation of this Agreement or applicable law by you, any violation of any rights of a third party by you, and any information or content that you submit, use, post, transmit, or make available to BCM One, including provided through a BCM One Website.

  4. Governing Law. This Agreement is governed by and construed under the laws of the State of Florida, without regard to its conflict of laws principles. The federal courts within the state of Florida and state courts of Broward County, Florida, have exclusive jurisdiction over and venue of any suit that relates to this Agreement. You are responsible for ensuring that your conduct is at all times in compliance with all applicable laws, rules and regulations.

  5. Dispute Resolution.

1.     Dispute Process. Most concerns can be resolved quickly and to your satisfaction by contacting our customer service department or through the designated BCM One Website. If our customer service department is unable to resolve a complaint you may have to your satisfaction or if BCM One has not been able to resolve a dispute it has with you after attempting to do so informally, then we each agree to resolve those disputes through binding arbitration or small claims court, instead of in courts of general jurisdiction.

    1. Mandatory Arbitration of Disputes. You and BCM One agree to arbitrate any and all claims, controversies or disputes of any kind ("Claims") against each other, including but not limited to Claims arising out of or relating to this Agreement, or any BCM One Products, billings, or advertisings. This agreement to arbitrate is intended to be broadly interpreted and applies to, among others: all Claims regardless of whether they are based in contract, tort, statute, fraud, misrepresentation or any other legal theory; all Claims that arose prior to your use of a BCM One Website or prior to this Agreement; all Claims that arise after you ceased using a BCM One Website or after the termination of this Agreement; all Claims you may bring against BCM One's employees, agents, affiliates or other representatives; and all Claims that BCM One may bring against you. The sole exception to this arbitration agreement is that either you or BCM One may, in the alternative, bring Claims in a small claims court having valid jurisdiction. You and BCM One agree, however, that neither BCM One nor you will join any Claim with a claim or claims of any other person(s) or entity(ies), whether in a lawsuit, arbitration, or any other proceeding. You and BCM One agree that no Claims will be asserted in any representative capacity on behalf of anyone else, that no Claims will be resolved on a class-wide or collective basis, that no arbitrator or arbitration forum will have jurisdiction to adjudicate or determine any Claims on a class-wide or collective basis, and that no rules for class-wide or collective arbitration will apply.
      1. (1) Arbitration Procedure. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice" or "Notice of Dispute"). The Notice to BCM One should be addressed to: 12350 NW 39th Street, Suite 200, Coral Springs, FL 33065, Attn: Legal Department ("Notice Address"). The Notice must: (1) describe the nature and basis of the Claim; and (2) set forth the specific relief sought ("Demand"). If BCM One and you do not reach an agreement to resolve the Claim within thirty (30) days after the Notice is received, you or BCM One may commence an arbitration proceeding. A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitration will be filed with the American Arbitration Association ("AAA"), the arbitrator will be selected according to the AAA's procedures and the Federal Arbitration Act, 9 U.S.C. 1-16 ("FAA"), and Claims will be resolved pursuant to this Mandatory Arbitration of Disputes provision and the AAA's rules in effect when the Claim is filed. Claims also may be referred to another arbitration organization if you and BCM One agree in writing or to an arbitrator appointed pursuant to section 5 of the FAA. The arbitration will be confidential, but you may notify any government authority of your Claim. Arbitration hearings will take place in the federal judicial district of the location where you reside.
      2. (2) Arbitrator's Authority. The arbitrator is bound by the terms of this Agreement, and the arbitrator's authority is limited to Claims between you and BCM One alone. The arbitrator has no authority to join or consolidate Claims, or adjudicate joined or consolidated Claims, unless you and BCM One agree in writing. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the Mandatory Arbitration of Disputes provision are for the court to decide. The arbitrator's decision and award is final and binding, and judgment on the award may be entered in any court with jurisdiction. The arbitrator can award the same damages and relief that a court can award, including the award of declaratory or injunctive relief; provided, however, that any declaratory or injunctive relief may only be in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim.
      3. (3) Costs of Arbitration. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought the Claim in court. We will be responsible for any additional arbitration fees. You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, fees for attorneys or expert witnesses. If the arbitration proceeding is decided in BCM One's favor, you shall reimburse BCM One for the fees and costs advanced to you only up to the extent awardable in a judicial proceeding. If the arbitration proceeding is determined in your favor, you will not be required to reimburse BCM One for any fees and costs advanced by BCM One. If a party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees and costs incurred in that appeal. Notwithstanding anything to the contrary in this Mandatory Arbitration of Disputes p rovision, BCM One will pay all fees and costs that it is required by law to pay.
      4. (4) Changes. Notwithstanding any provision in this Agreement to the contrary, you agree that if BCM One makes any future change to this Dispute Resolution provision (other than a change to the Notice Address listed above) during the period of time that you are using or accessing BCM One Websites, you may reject any such change by sending BCM One written notice within 30 days of receiving notice of the change. Your rejection notice must be sent to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. No changes, however, that are made to this provision after either party has submitted a Notice of Dispute shall be effective as to your and BCM One's pending dispute and/or arbitration.
      5. (5) Governing Law, Enforcement, and Waivers. The Federal Arbitration Act, and not state law, applies to this Dispute Resolution provision and its provisions and, governs all questions of whether a Claim is subject to arbitration. If any portion of this Dispute Resolution provision is determined to be invalid or unenforceable, the remainder of the provision remains in full force and effect. If for any reason, the above provisions on arbitration are held unenforceable or are found not to apply to a Claim, you and BCM One waive the right to a jury trial on your respective Claims, and waive any right to pursue any Claims on a class or consolidated basis or in a representative capacity. If any party files a judicial or administrative action asserting a Claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorneys' fees.
  1. General.

.       Notice. If we send you a notice, it will be considered given when deposited in the U.S. Mail or with overnight courier mail, addressed to you at your billing address or other address you have provided us, hand-delivered to you, or distributed via email to the then-current email address provided to us by you. Our notice to you will also be effective if provided on your invoice or by telephone, or, when posted online, the actual date such notice is posted to http://www.bcmone.com. If you have a dispute or want to provide notice to us related to any matter, you agree to notify BCM One customer service at the number listed on your invoice and provide all requested information, or write us at 12350 NW 39th Street, Suite 200, Coral Springs, FL 33065, Attn: Legal Department. You agree that BCM One may contact you via email at the email address you provide to us when you use BCM One Websites or any subsequent email address you provide us. You will provide us with any changes to your email address by updating that address in the manner prescribed to you by BCM One.

    1. Other. This Agreement contains the entire agreement between BCM One and you related to BCM One Websites, and any other written or oral statements do not change this Agreement. Neither the course of conduct between you and BCM One nor trade practices will act to modify any provision of this Agreement. BCM One may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is found to be unenforceable or invalid, this Agreement's unaffected provisions will remain in effect. If either you or BCM One fails to enforce or waives any requirement under this Agreement that does not waive that party's right to later enforce that requirement in the future.