Last Revised: 9/18/2019
- “User(s)” means a person who uses the Website.
- “Company,” “Our,” “We,” “Us,” means A E Boyce Company Inc.
- “Website” means the Company’s website, namely www.boycesystems.com.
2. Agreement and Revisions
The Website and its content is owned by the Company (see Section 8 below). PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. By accessing and using the Website, User acknowledges that User has read, understood and agree to be bound by these Terms and Conditions which form an agreement that is effective as if User had signed it. If at any time User do not agree to these Terms and Conditions, do not access or use the Website. These Terms and Conditions may be revised or updated from time to time. Accordingly, User should check the Terms and Conditions and Privacy regularly for updates. User can determine when the Terms and Conditions were last revised by referring to the “Last Revised” legend that will be located at the top of this page. Any changes in these Terms and Conditions take effect upon posting and will only apply to use of the Website after that date. Each time User accesses or uses the Website, User signifies acceptance of the then-current Terms and Conditions.
Any content provided on the Website may be removed by us at any time.
Any content added to the Website by the User is the responsibility of the User adding them. The Website will endeavor to remove any content which is deemed offensive, illegal, or inappropriate.
By way of example, and not as a limitation, User agrees that when using the Website, User will not:
A. Use the Website for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
B. Violate any code of conduct or other guidelines which may be applicable to any User.
C. Aggregate, copy, duplicate, publish, or make available any contents of data from the Website any other materials or information available from the Website to third parties in any manner.
D. Defame, bully, abuse, harass, stalk, demean, threaten or discriminate against others or otherwise violate the rights (such as rights of privacy and publicity) of others or reveal another’s personal information.
E. Upload any material protected by intellectual property laws or other laws, unless User owns or controls the rights, titles, or interests thereto or have received all necessary consents or rights.
F. Upload or transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
G. Harvest or otherwise collect information about others, including email addresses, without their consent.
H. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
I. Engage in any other action that, in the judgment of Company, exposes it or any third party to potential liability or detriment of any type.
4. Right of Termination
If User uses, views, or accesses the Website in contravention of these Terms and Conditions, or if User has violated these Terms and Conditions we reserve the right to terminate the permissions or rights granted to User by Company and we reserve all of our rights under this Agreement, at law and in equity.
We cannot guarantee 100% uptime, but we will make every effort to keep maximum uptime. We take no responsibility of events caused by any type of computer virus, hackers, server failure and the like. We also take no responsibility if you are unable to access the Website.
7. User Warranties
User warrants that:
- User will keep secure User’s password used to access the Website.
- User will use the Website in compliance with applicable laws and regulations.
8. Proprietary Rights
User acknowledges and agrees that, as between Company and User, all right, title, and interest in and to the Website including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Company or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, videos, textual or visual materials, graphics, or modules contained on the Website for any other purpose is prohibited. Company and its licensors reserve all rights not expressly granted in and to the Website
A. Copyright: As between you and Company, you acknowledge and agree that all content and services included in the Website such as text, graphics, logos, icons, videos, images, media, data, audio, visual, animation, code, software and other information and materials, is the copyright and property of Company or its content suppliers and protected by U.S., state, and international copyright laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Website are strictly prohibited.
B. Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to Company or its licensors. Without limiting the foregoing, “Boyce Systems, Boyce Forms, Keystone Software Systems, and Komputrol Software Systems” are trademarks of the Company. Unauthorized use of any trademark of the Company may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Website do not constitute or imply affiliation, endorsement or recommendation by the Company, or of the Company by the third parties.
9. Your Indemnity of the Company
USER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, PARTNERS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSSES, LIABILITIES, CLAIMS, DAMAGES, OBLIGATIONS, DEMANDS, COSTS OR DEBTS, AND EXPENSES INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF THE WEBSITE; (B) YOUR VIOLATION OF THESE TERMS AND CONDITIONS, ANY APPLICABLE LAWS, OR THE RIGHTS OF VIZ LEARNING SYSTEMS LLC OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (C) ANY CLAIM THAT YOUR USE OF THE WEBSITE CAUSED DAMAGE TO A THIRD PARTY.
10. Limits of Our Liability
We are not liable to User or any other person for:
- Cost, loss or liability (including loss of profit or other consequential damages) arising from our supply or failure or delay in supplying the Website.
- Academic or employment issues resulting from User’s use or inability to use the Website.
- The content, context or confidentiality of any communications made by using the Website.
- The content and/or accuracy of content of any third-party websites or resources that are linked to from within the Website. Links to third-party websites or resources do not imply endorsement by the Website of such websites or resources. User accepts sole responsibility for and assumes all risk arising from your use of any such websites or resources.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR SUBMISSION OR THE USE OF ANY CONTENT ON THE WEBSITE.
12. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES, EXPENSES, OR DAMAGES, EVEN IF THESE PERSONS AND ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE SHALL NOT EXCEED THE AMOUNT OF MONEY, IF ANY, PAID BY YOU TO THE COMPANY.
This Limitation of Liability shall be to the maximum extent permitted by applicable law.
13. Suspension and Termination of Website
We may from time to time without notice suspend the Website or any portion thereof, or disconnect or deny User’s access to the Website, or any portion thereof.
14. Removal of Data
The Website may without notice to User remove User uploaded data upon being made aware of:
- any claim or allegation of infringement of intellectual property rights of a third party; and
- any court order, judgment, determination or other finding of a court or other competent body, that the data is defamatory, illegal, offensive or in breach of a third party rights.
To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
17. Governing Law and Venue
These Terms and Conditions are governed by and construed in accordance with the law of the State of Indiana, and User irrevocably submits to the personal jurisdiction of the courts of Delaware County, Indiana.
When you register with the Website, you can elect to provide us with certain personal information, such as your name, physical and electronic address, phone number, and other similar contact details to receive information and updates on our products and services. Such information will not be used for marketing and promotion of such products and services unless you request to receive such information. We use return email addresses to answer the email that we receive, and we may use return email to send you other information. Such addresses are not used for any other purpose.
In addition to information that you provide us voluntarily, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data, and may aggregate any information collected in a manner which does not identify any individual (“Aggregate Information”). Information obtained in connection with the Website may be intermingled with and used by us in conjunction with information obtained through sources other than the Website, including both offline and online sources.
Cookies and Other Tracking Devices
Cookies and other user tracking devices may be stored in your computer’s hard drive when you visit the Website. These tracking devices may also be used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. We do not use these devices to retrieve information from your computer that was not voluntarily provided by you. Some of our business partners may also use these devices to provide us with anonymous data and information regarding the use of the Website. At your option, you may block or delete tracking devices from your hard drive. However, by disabling such tracking devices, you may not have access to the entire set of features of the Website.
How We Use Your Information
In connection with their performance of services to maintain and operate the Website and certain features on the Website, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Website; operate various features available on the Website; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction.
We use non-personally identifiable information in the aggregate, so that we can improve the Website and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.
If you submit your email address to be added to a mailing list, we will use the email address for the sole purpose of sending you announcements, special offers from the Company and other partners along with Website updates. Each email we send will contain information on how to unsubscribe from our mailing list. You can also unsubscribe by sending an email to WebContactUs@Boycesystems.com .
How We Protect Your Information
We are committed to protecting the information we receive from you. We take reasonable precautions and follow industry best practices to make sure your information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
The Website may contain links or references to other web Websites and other web Websites may also reference or link to our Website. These “other” domains (web Websites) are not controlled by the Company. We are not responsible for the privacy practices of other websites and encourage you to read their privacy statements.
Children’s Privacy and Parental Controls
We do not solicit any personal information from children. If you are not 18 or older, you are not authorized to use the Website. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.
Questions and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at WebContactUs@BoyceSystems.com.