GENERAL BUSINESS FORMS—IMPORTANT-THIS WEBSITE ONLY PROVIDES A PORTAL THROUGH WHICH YOU CAN FIND A RANGE OF GENERAL BUSINESS FORMS AND TEMPLATES THAT MAY BE RELEVANT TO YOUR PRACTICE. IN THE EVENT YOU ELECT TO USE ANY FORM OR TEMPLATE THAT YOU FIND ON THIS WEBSITE, YOU SHOULD UNDERSTAND THAT THESE FORMS ARE PROVIDED “AS IS” AND “WHERE IS” WITH NO RECOMMENDATION AS TO SUITABILITY OR APPLICABILITY. THESE FORMS ARE NOT A SUBSTITUTE FOR LEGAL ADVICE AND BSM IS NOT AN ATTORNEY NOR SHOULD YOU RELY UPON THESE FORMS OR ANY MATERIALS FOUND AT THE WEBSITE IN PLACE OF LEGAL ADVICE. YOU SHOULD ALWAYS CONSULT AN INDEPENDENT LICENSED ATTORNEY FOR ADVICE ON LEGAL MATTERS. BSM CAN NOT AND WILL NOT BE HELD LIABLE FOR ANY DAMAGES THAT RESULT FROM YOUR FAILURE TO CONSULT A LICENSED ATTORNEY OR FROM YOUR USE OF ANY MATERIALS FOUND ON THIS WEBSITE.
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.
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.
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.
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.
No Framing; Links; Third Party Sites/strong>—Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from BSM.