Buffalo Creek Software

Terms and Conditions of Use

1. Introduction

As a "user" of the services provided by BCSEi.com, your use of this web site constitutes your agreement to these terms and conditions of use. If you have any questions about any part of this Agreement, please contact us about it. We will be glad to explain why these provisions are important for our system.

2. Relationship between BCSEi.com and Users

BCSEi.com is an internet forum that facilitates communication between businesses and potential customers. In order to provide an optimal forum for businesses and consumers, BCSEi.com does not involve itself in the relationships between businesses and consumers. Therefore, we cannot ensure the integrity of either party. The "user", and not BCSEi.com, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the "user" communicates on the web site.

• Disclaimer of business/consumer relationship.
Any form of use of these services by a subscribing business or potential customer is not intended to and will not create a relationship between any person or entity and BCSEi.com. Any electronic communication sent to BCSEi.com will not create a relationship between the "user" and BCSEi.com, such being expressly denied.

• BCSEi.com does not screen or vouch for any of its Users.
Providing a service where potential customers and businesses can communicate does not imply an endorsement of any subscribing business. BCSEi.com makes no representation concerning a business's qualifications, nor does it sanction statements a business may post on the system. BCSEi.com does not screen potential customers, or otherwise channel potential customers to selected businesses.

3. User Guidelines

In order to keep this system attractive and useful for all "users", it is important that "users" follow the rules of the system. Some of these rules are described in this Contract, and the rest in bulletins posted at various points in the system. BCSEi.com reserves the right to deny further access to its service to any "user" who violates these rules, is the subject of complaints by other BCSEi.com "users", for any other reason, or for no reason at all.

"Users" may not engage in any of the following activities on our system:

• do or say anything to injure or harm others
• display material containing nudity or pornographic material of any kind
• provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
• promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual
• defame any person or group
• display material that exploits children under eighteen (18) years of age
• violate the rights of another, including but not limited to the intellectual property rights of another. This includes using the service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacture installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for fame emulation)
• violate internet standards
• use these services for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other's privacy
• interfere with or disrupting the services or servers or networks connected to the services by posting advertisements or links to competing services, transmitting "junk mail," "spam," "chain letters," or unsolicited mass distribution of email
• encourage any illegal activity, including anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes
• compromise the security of the services BCSEi.com provides. Do not try to gain access to system areas private to BCSEi.com, or to other "users";

4. Ratings

As part of our services to all "users", BCSEi.com may provide a forum for customers to comment on their experiences with the businesses reached by using these services. If a forum is provided, comments posted on the comment board will be available for review by all BCSEi.com "users" and businesses. While we encourage open and unrestricted use of the forum, we do not tolerate offensive conduct. When using the discussion forum to comment on your experiences, please keep the comments accurate, constructive and civil. Bear in mind that use of disparaging and defamatory comments does not serve the purpose of the forum and may result in legal liability to the "user". BCSEi.com reserves the right to terminate this Agreement and restrict future access to the services to "users" who post comments that are defamatory, hostile, vulgar, or otherwise distasteful.

5. Disclaimer of Information Obtained on the web site

BCSEi.com provides businesses and potential customers with a forum that functions as an open market. BCSEi.com is not responsible for the content of materials posted on its web sites. The opinions and views expressed are those of the individual "users" of the services and do not reflect those of BCSEi.com. Data submitted by other "users" (both business and consumer) may not be verified or reviewed in any way before it appears on the BCSEi.com web site. BCSEi.com does not warrant the validity or accuracy of any such information. Please use caution and common sense when using this site. BCSEi.com does not continuously review the standing of any business subscriber with any regulatory authority. When considering doing business with any entity, "users" should check the business's standing with the applicable regulatory body and/or consumer protection agencies. BCSEi.com in no way endorses the content or legality of any offers, statements, or promises made by businesses or any other parties, on or off this site.

6. Confidentiality

BCSEi.com makes every effort to maintain the confidentiality of any information submitted by "users" to our system and our database of businesses. However, because BCSEi.com cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the system. Do not make any confessions or admissions. Do not use proper names or addresses. Do not provide any other highly personal, sensitive, or incriminating information. BCSEi.com is not responsible for the release or improper use of such information by other "users" or any release due to error or failure in the system. The "user" agrees that businesses contacted by the "user" through the system may report to BCSEi.com on whether their services were engaged by the "user".

7. Indemnification

This "user" agrees that BCSEi.com is not responsible for any harm that these services may cause. The "user" agrees to indemnify, defend, and hold BCSEi.com harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the services. The "user" agrees that the defense and indemnity shall also apply to any breach by the user of the Agreement or the foregoing representations, warranties and covenants. The "user" further agrees that this defense and indemnity shall include without limitation attorney's fees and costs. The "user" also agrees that this defense and indemnity shall apply to BCSEi.com affiliates, directors, officers and employees. BCSEi.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the "user" and the "user" shall not in any event settle any matter without the written consent of BCSEi.com.

8. Communications and Other Data

BCSEi.com is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.

9. BCSEi.com Other Rights

BCSEi.com also reserves the following rights: a. to release current or past "user" information, pursuant to the terms of the Privacy Policy, in the event, BCSEi.com believes that accounts are in violation of the terms of service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed, and/or if BCSEi.com deems it necessary and/or appropriate b. to deny service to offenders of these guidelines or the Agreement c. to terminate or deny service to anyone for any reason or no reason

10. Modifications to Terms of Service

BCSEi.com may change the Agreement at any time. The "user" will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the services will indicate acceptance of the new terms and conditions.

11. Modifications to Services

BCSEi.com reserves the right to modify or discontinue, temporarily or permanently, the services with or without notice to the "user". The "user" agrees that BCSEi.com shall not be liable to the "user" or any third party for any modification or discontinuance of the services. The "user" acknowledges and agrees that any termination of service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that BCSEi.com may immediately delete data and files in the user's account and bar any further access to such files or the services.

12. BCSEi.com's Proprietary Rights

BCSEi.com owns certain things on this system, including the 'look and feel' of the system, the name of the system, and the collective work copyright in sequences of public messages on the system. "Users" cannot reproduce any message thread from the system, either electronically or in print, without BCSEi.com's permission and the permission of all participants in the thread. This is not a complete list - other things on the system are also BCSEi.com's property. Contact BCSEi.com before copying anything from the system with plans of reproducing it or distributing it.

13. Disclaimer of Warranties and Limitation of Liability

A great danger for BCSEi.com, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our "users". If one "user" libels another "user", the injured "user" might blame us, even though the first "user" was really at fault. If a "user" uploads a program with a computer virus, and the other user's computers are damaged, we might be blamed even through a "user" left the virus on our system. If a "user" transmits illegal or improper information to another "user", we might be blamed even though we did nothing more than unknowingly carry the message from one "user" to another. Accordingly, we need all "users" to accept responsibility for their own acts, and to accept that an act by another "user" that damages them must not be blamed on us, but only on the other "user".

Although it is BCSEi.com's goal is to provide "users" with a reliable, quality system, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this system available to "users" if we had to accept blame or financial liability or any usability problems, system failures or errors, or mistakes or damages of any kind, in order to continue offering and improving our services, BCSEi.com must deny any warranties on the services and insure that our liability for any problems connected with the use of our system is strictly limited. These needs are accomplished by the following disclaimers:

Disclaimer of Warranties

THE USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE USER'S SOLE RISK. THESE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BCSEi.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BCSEi.com MAKES NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES BCSEi.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. BCSEi.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM BCSEi.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation of Liability

THE USER AGREES THAT BCSEi.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BCSEi.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT BCSEi.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTIONS, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL INADVERTENT OR ADVERTENT.

14. Arbitration

Any controversy or claim arising out of or relating to this Agreement or BCSEi.com Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Pinellas County, Florida, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the "user" or BCSEi.com may seek any interim or preliminary relief from a court of competent jurisdiction in Pinellas County, Florida, necessary to protect the rights or property of the "user" or BCSEi.com pending the completion of arbitration. This arbitration clause does not prohibit either BCSEi.com or the "user" from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in the arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within Pinellas Count, Florida. In any dispute between BCSEi.com and USER, the prevailing party shall be entitled to recover their attorney's fees and costs in the arbitration.

15. General

This Agreement, the Agreement, incorporates by reference our Privacy Policy and any notice by BCSEi.com contained in any of the web site pages and constitutes the entire understanding between the "user" and BCSEi.com regarding the user's relationship to our services. Users can reach our services from all fifty (50) states and around the world. Each of these places has a different set of laws.

Since BCSEi.com cannot keep track of all these laws and their requirements, the Agreement and the relationship between the "user" and BCSEi.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. If BCSEi.com fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that BCSEi.com has waived the right or provision If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect.

The "user" agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or the agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

We appreciate your interest and support and we welcome you to our community!