[June 18, 2023]
This page establishes the terms of use on which you may make use of the Buffalo Soldiers Motorcycle Club of Northern Virginia (“BSMCNOVA”) website bsmcnov.com (hereinafter referred to as “Website”) Products and/or Additional Services (as defined in our End User Licensing Agreement (“EULA”), whether as a guest or a registered user. Please read these Terms and Conditions of Use and any End User Licensing Agreement (hereinafter “EULA”) carefully before you start to use the Website, Products and/or Additional Digital Services (such as our mobile application(s)). BY USING OUR WEBSITE, PRODUCTS AND/OR ADDITIONAL SERVICES YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO ABIDE BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE REFRAIN FROM USING OUR WEBSITES, PRODUCTS AND/OR ADDITIONAL SERVICES.
See also: BSMCNOVA Privacy Policy
1. Accessing our Website, Products and/or Additional Services:
1.1 Access to our Website and, where appropriate, Products and/or Additional Services are permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice (see below). We will not be liable if for any reason our Websites and, where appropriate, Products and/or Additional Services are unavailable at any time or for any period.
1.2 From time to time, we may restrict access to some parts of our Website, and/or Products and Additional Services to users who have registered with us.
1.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You may not attempt to gain unauthorized access to our Website and, where appropriate, the Products and/or Additional Services through hacking, password mining or any other means. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
1.4 When using our Website, Products and Additional Services you must comply with all the provisions of these Terms and Conditions of Use, as well as any EULA.
1.5 You are responsible for making all arrangements necessary for you to have access to our Website, Products and Additional Services. You are also responsible for ensuring that all persons who access our Websites through your Internet connection are aware of these terms of use, and that they comply with them.
1.6 The right to use our Website, and where appropriate the Products and/or Additional Services, is provided to you for your personal use and is not transferable. Notwithstanding the foregoing, where you are an organization or company or where you have accepted these terms on behalf of your organization or company, you (and your respective employees/co-workers) are permitted to use the Website and the Products and/or Additional Services within your organization or company, provided that prior to accessing the Website, any and all persons using the Website and the Products and/or Additional Services are made aware of and accept these Terms and Conditions of Use.
2. Website and Products and/or Additional Services Availability:
2.1 We reserve the right to refuse access to our Website and, where appropriate, the Products and/or Additional Services or any portion thereof, terminate account(s) and/or cancel subscriptions and or to pursue any legal action available against any user of our Website and the Products and/or Additional Services who violates these terms of use.
2.2 We reserve the right to make changes to our Website, the Products and/or Additional Services, our policies and these Terms and Conditions of Use at any time. Information may be changed or updated on our Website without notice. We may also make improvements and/or changes in the services described on our Website at any time in accordance with these terms of use. If the need arises, we may suspend access to our Website, or close them indefinitely. BSMCNOVA will endeavor to ensure that any material included on its Website and the Products and/or Additional Services is reliable and accurate. However, you hereby acknowledge and agree that BSMCNOVA makes no guarantee of the accuracy and/or completeness of its Website or of the Products and/or Additional Services offered therein, and BSMCNOVA is not responsible for errors of transmission of factual or analytical data, nor is it liable for damages arising out of any person’s reliance upon this information.
2.3 Due to limitations of equipment and bandwidth, our Website, Products and/or Additional Services are not intended to be a source for bulk downloads. Users who deny or degrade our services to other users by generating unusually high numbers of daily database accesses, whether generated manually or in an automated fashion, or who upload offensive, derogatory or otherwise inappropriate content (a decision in respect of which shall be made at our sole discretion) may be denied access to our Website and the Products and/or Additional Services without notice.
3. Intellectual Property Rights:
Unless otherwise noted and with the exception of the photographs used on our Website, the content of our Website and the Products and/or Additional Services, including all designs, icons, numeric data and written materials are protected by U.S. and international copyright, trade mark, database and other intellectual property rights and laws. The compilation, collection, arrangement, and assembly of all content in our Products and/or Additional Services is the exclusive property of BSMCNOVA or our third party licensors and is protected by U.S. and international copyright, trade mark database and other intellectual property rights and laws. You may not reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on our Website or the Products and/or Additional Services, without our express written permission.
4. Advertising and Sponsorship:
The presence of any material in advertisements or associates’ materials on our Website, Products and/or Additional Services does not constitute any guarantee or endorsement as to the quality or value of any of the information or products advertised or any claims made for the product by the advertiser. Any correspondence or dealings which you may have with advertisers or associates promoting themselves or referred to on our Website and in the Products and/or Additional Services, are solely between you and that party. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on our Website and in the Products and/or Additional Services offered therein.
6. Reliance on information posted:
Commentary and other materials posted on our Website and in the Products and/or Additional Services are not intended to amount to advice on which reliance should be placed and we give no warranties as to the accuracy or completeness contained therein. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
7. Our Website, Products and Additional Services change regularly:
We update our Website and the Products and/or Additional Services periodically, and may change the content at any time. If the need arises, we may suspend access to our Website, or close them indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
8. Our liability:
8.1 The material displayed on our Website, Products and/or Additional Services is provided on an “as is” basis without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our association and third parties connected to us hereby, expressly exclude:
8.1.1 all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity;
8.1.2 any liability arising from or in connection with any incompatibility of our Website and the Products and/or Additional Services with any of your equipment, software or telecommunications links;
8.1.3 any liability arising from or in connection with any technical problems including errors or interruptions to our Website and the Products and/or Additional Services;
8.1.4 any liability arising from or in connection with any unsuitability, unreliability or inaccuracy of our Website and the Products and/or Additional Services; and
8.1.5 any liability arising from or in connection with any inadequacy of our Website and the Products and/or Additional Services to meet your requirements.
8.2 We shall not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website and the Products and/or Additional Services contained therein, or in connection with the use, inability to use, or results of the use of the same or any Website linked to our Website and any materials posted on them, including, without limitation any liability for loss of income, revenue, business, profits, contracts, anticipated savings, data and/or goodwill nor any loss for wasted management or office time or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9. Information about you and your visits to our Websites: We process information about you in accordance with our privacy policy which can be viewed here at www.bsmcnova.com.
By using our Website, Products and/or Additional Services, you consent to such processing and you warrant that all data provided by you is accurate.
10. Transactions concluded through our Website, Products and/or Additional Services:
11. Viruses, hacking and other offenses:
You must not misuse our Website, Products and/or Additional Services by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, Products and/or Additional Services, the server on which our site is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website, Products and/or Additional Services. You hereby agree to indemnify and keep us fully and effectively indemnified against any loss, damages, claims or expenses (including, without limitation, legal expenses) suffered or incurred by us as a result of such misuse.
12. Linking to our Website:
Our Website may not be framed on any other website, nor may you create a link to our Website or any part thereof.
13. Links from our Website, Products and/or Additional Services:
Where our Website, Products and/or Additional Services contain links to other Websites and resources provided by third parties, these links are provided for your information only and such links to other Websites are made at your own risk. We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Further, a link to another Website does not mean that we endorse or accept any responsibility for the content or the use of any Websites accessed by you whether by utilizing a link from our Website or otherwise. You must take your own precautions to ensure what is selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
14. Miscellaneous:
14.1 We shall not be liable to you for any loss or damage which may be suffered by you which has been caused by any event beyond our reasonable control including without limitation any power failure and the actions of any third party (including but not limited to internet service providers and users) upon whom we or you may rely in respect of the provision of our Website and, where appropriate, Products and/or Additional Services.
14.2 Any failure by us to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right.
14.3 If any provision of these terms of use is found to be invalid by any court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect.
15. Jurisdiction and applicable law:
Any claim arising from, or related to, the use of our Website and the Products and/or Additional Services contained therein, shall be governed by the laws of the Commonwealth of Virginia, without reference to its conflict of laws provisions. By using our Website and the Products and/or Additional Services contained therein, you further consent to jurisdiction by the state and federal courts sitting in the Commonwealth of Virginia. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
16. Modifications:
16.1 BSMCNOVA reserves the right to vary these terms of use from time to time without prior notice.
16.2 Prices and availability information on our Websites and Products and/or Additional Services are subject to change without notice.
16.3 All updates to our Websites and Products and/or Additional Services are immediately subject to these Terms and Conditions of Use and EULA. Your continued use of our Websites, Products and/or Additional Services constitutes your continued acceptance to all such notices, terms of use and EULA, as modified from time to time.
17. Concerns:
If you have any concerns about material that appears on our Websites, please contact us by email at contact@bsmcnova.com