Last Updated: January 23, 2019
BY USING THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND YOU UNDERSTAND AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS WEBSITE. We reserve the right to modify these Terms without prior notice, and your use of this Website binds you to the changes made.
We provide advice and opinions only upon a written formal engagement with a client, and only based on a particular set of facts. Viewing this Website or contacting the BX3 by e-mail or otherwise does not create a relationship between you and BX3 until such time as a formal engagement is undertaken by BX3.
You should not send us any confidential or sensitive content until after a formal engagement is entered into between you and BX3. Before e-mailing or sending any sensitive or confidential content, you should contact BX3 to arrange appropriate measures. E-mails and other communications sent to BX3 may also be intercepted by third parties who may be under no obligation to keep such communication confidential.
As a condition of your use of the Website, you will not use the Website, or any contents, for any purpose that is unlawful in any applicable jurisdiction where our Website is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “Use Conduct” section. You may not use the Website or content in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use of the Website. You may not attempt to gain access to any portion of the Website, or any of its contents, other than those for which you are authorized.
BX3 may update, change or delete the Website or its content at any time for any reason, without notice.
Access to the Website may be interrupted on account of systems maintenance or malfunction or for other reasons. The Website content may also be out of date, inaccurate or incomplete. The Website may contain defects or viruses or other harmful components. While every effort is made to keep computer viruses and harmful materials off of our Website, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer, and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Website. While every effort is made to allow smooth and continuous operation of the Website, we will not be liable if this Website is unavailable at any time, and we do not warrant that this Website will operate error free.
The Website content is the property of BX3, its partners, members, and employees. You may not use or display, or refer to or quote in any other publication or proceeding, the Website or any content on the Website without BX3’s prior written permission. The Website content is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Granting you access to the Website should not be construed by you as the grant of any express or implied license, right or permission to use the Website or its content. You may not use, reproduce, modify, transmit, display, sell, create derivative works, or distribute by any means, method or process whatsoever, any content of this Website for commercial profit or gain.
Provided you comply with these Terms, you are authorized by BX3 to view the Website and print one copy of the Website for your own lawful, personal, noncommercial use. Any copy made of the Website must include all copyright, trademark and other intellectual property notices contained in such content on the Website. No changes may be made to the content in the printed copy.
BX3 reserves the right, in its absolute discretion, to reject any requests for such content or materials, or to discontinue the provision of such content or materials to any person, for any reason whatsoever.
BX3 is not responsible whatsoever for any loss or damage arising in any way from the downloading from the Website or any use of the content on the Website.
When using our Website, you shall not send to or from the Website:
- Content for which you have not obtained all necessary consents;
- Content that is discriminatory, obscene, pornographic, defamatory, likely to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Website is being used;
- Content which is harmful in nature, including, but without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with any law or court order requiring us to disclose the identity or other details about any person posting materials to our Website in breach of this section.
You shall not use our Website while distracted or preoccupied, such as when operating a motor vehicle. You should access our Website only with due regard for your own safety and the safety of others.
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THE WEBSITE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. BX3 MAKES NO WARRANTIES IN THESE TERMS, ON THE WEBSITE OR IN THE CONTENT ON THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IN NO EVENT SHALL BX3 BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE CONTENT CONTAINED ON THIS WEBSITE OR FROM ANY OTHER CAUSE. ALL CLAIMS FOR SUCH DAMAGES ARE HEREBY SPECIFICALLY WAIVED, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, IN NO EVENT SHALL BX3’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE CONTENT CONTAINED ON THIS WEBSITE EXCEED $1.
BX3 makes no representation that the content of this Website is appropriate or available for use outside the United States. If you have chosen to access this Website from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent local laws are applicable.
All questions concerning the construction, validity, and interpretation of these Terms and the performance of the obligations imposed by these Terms shall be governed by the internal law, not the law of conflicts of the State of New York, United States of America. Any and all disputes arising out of or related to the use of this Website, including, without limitation, questions concerning the construction, enforceability, validity, and interpretation of these Terms will be finally resolved by arbitration conducted in the English language in New York City, New York, United States of America, under the commercial arbitration rules of the American Arbitration Association. All decisions of the arbitrator shall be final and binding on both parties. Any application to confirm, vacate or modify the award shall be made to a court within the State of New York. Notwithstanding the foregoing, BX3 shall be entitled to seek and obtain provisional or ancillary remedies such as injunctive or equitable relief from a court of competent jurisdiction before, during or after the pendency of any arbitration. The cost of the arbitration shall be borne equally by the parties.
In the event that any of the provisions of this Agreement are unlawful, void or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.
You agree to defend, indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Website or your violation of these Terms or your violation of any third party right, including without limitation, any trademark, copyright or other proprietary or privacy right.