Terms of Use

BDMetrics, Inc. ("BDMetrics") provides its services, together with the underlying Internet site functionality (the "Site") exclusively under the terms, conditions and guidelines set forth below. Your registration and use of the Site constitutes your acceptance of these terms and conditions, which may be updated by us from time to time without notice. Please check these terms and conditions periodically for such changes. Your continued use of the Site shall constitute your acceptance of any such changes.

  1. Registration and Authorization
    Each user of the Site (each a "User") must register with BDMetrics by creating an account ("Account") to access the Site. In creating an account, the User will create a unique user name and password. Users agree to provide BDMetrics with accurate and complete information, and to keep that information updated on the Site. Users agree not to share their passwords with any third parties.

  2. Use of Information Obtained on or Through the Site
    No User will use the Site or any information, communications, software, scripting, photos, text, graphics, sounds, images, logos, icons, or other materials or services found on the Site (the "Content") in any manner other than in connection with its intended use. Each User shall hold confidential and shall not disclose, transmit, or otherwise use information contained in the Site except as necessary to conduct bona fide transactions as contemplated by the Site's services

  3. Fees.
    Each User shall be required to pay the applicable fees, set forth on the subscription page, prior to creating a unique user name and password.

  4. Management of the Site
    BDMetrics shall have the right to change, suspend or discontinue any aspect of the Site at any time without notice and without liability. BDMetrics shall have the right to impose limits on certain features and services or restrict access to parts or all of the Site without notice and without liability. BDMetrics shall have the right, but not the obligation, to correct any errors or omissions in any portion of the Site or to disclose any information as necessary to satisfy any law, regulation or government request, or to modify, refuse to post or remove any Content, in whole or in part.

  5. Termination
    Either a User or BDMetrics may terminate a User Account at any time for any reason. Termination of an Account is a User's sole and exclusive remedy with respect to any dissatisfaction with the Site, the terms and conditions set forth herein, services provided by BDMetrics or any other policies that BDMetrics may adopt. Users may terminate their accounts by notifying BDMetrics by mail at the address set forth on the "Contact Us" page or by electronic mail at Professional Services@BDMetrics.com. Account termination will take effect within a reasonable amount of time after BDMetrics' receipt of a termination notice. In addition, upon termination of a User Account, BDMetrics may delete any information regarding or related to the Account.

  6. Accuracy of Information
    BDMetrics makes no representation or warranty, either express or implied, regarding the accuracy or reliability of any Content provided by or to Users, and disclaims all responsibility for any Content on the Site provided by Users. Users are solely and individually responsible for the quality and accuracy of any such Content as well as for verifying such Content disclosed or provided by others. All information regarding corporate profiles and products listed on the Site are provided directly by Users. BDMetrics does not guaranty the accuracy of the identities and/or qualifications of companies or organizations listed on the Site. In addition, BDMetrics does not endorse any listings and/or claims made by Users. Each User agrees to contact other Users directly with any inquiry they may have regarding their company or partnering interests.

  7. Links
    BDMetrics does not review, endorse, approve, certify or control the quality, accuracy, privacy practices or performance of any Internet sites that are hyperlink accessible from the Site, or any information, products, services or offered therefrom.

  8. Conduct and Use of Site
    Users must use the Site consistent with any rules and notices contained on the Products Page.

  9. Prohibited Activities
    A User shall not upload, post or transmit to, distribute or otherwise publish through the Site any materials (i) which restrict or inhibit any other Users from using the Site; (ii) which are threatening, harassing, abusive, libelous, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, vulgar, sexually explicit, indecent or invasive of another's privacy; (iii) which constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law; (iv) which violate, plagiarize or infringe the rights of third parties; (v) which contain a virus or other harmful component having the effect of interrupting, impairing, destroying or otherwise limiting the functionality of any computer software, hardware or telecommunications equipment; (vi) for which the User does not have all necessary rights and licenses to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (vii) which constitute unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation; or (viii) which constitute or contain false or misleading statements of fact or indications of origin.

    A User shall not (i) interfere with or disrupt the Site, servers or networks connected to the Site; (ii) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure; (iii) gain unauthorized access to other computer systems through the Site; (iv) act in a manner that negatively affects other Users' ability to engage in normal transactions; (v) harass other Users; (vi) collect or store personal data about other Users other than as is necessary to use the Site; (vii) impersonate or otherwise misrepresent any person or entity, including, but not limited to, misrepresenting BDMetrics' affiliation with a person or entity; or (viii) conceal the true identity of the parties in interest for purposes of evading or circumventing any applicable law, regulation or ordinance.

  10. Compliance with Laws
    Users are solely responsible for their individual compliance with all laws, regulations and ordinances that may be applicable to the use of the Site. Users are also responsible for ensuring that all applicable customs, export control, sanctions, anti-boycott, and other international trade laws and regulations of the United States and other relevant countries are strictly adhered to and fully met. Users recognize that BDMetrics is not an importer or exporter of any services within the meaning of such laws and regulations.

  11. Intellectual Property Rights
    Each User acknowledges having been advised by BDMetrics that all content on the Site (the "Content") is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights"). In addition to BDMetrics' Rights in individual elements of the Content, BDMetrics owns a copyright in the selection, coordination and arrangement of the Content.

    Except as expressly provided otherwise, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under any of BDMetrics' Rights in the Content of this Site.

    Each User is hereby granted permission to access and use the Content from the Site in whole or in part, solely for such User's use in viewing and browsing through the Site or participating in the services offered by BDMetrics from the Site. This permission terminates automatically in connection with any User who breaches any term or condition set forth herein.

    Except as otherwise expressly set forth on the Products Page, all other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without BDMetrics 's prior express written consent.

    There are a number of proprietary logos, service marks, trademarks, and slogans found on this Site. By making them available on this Site, BDMetrics is not granting any User or any third party a license to use them in any fashion. No BDMetrics proprietary logo, service mark, trademark, or slogan may be used as a hyperlink without BDMetrics' prior written permission.

    In its own discretion and without prior approval from a User, BDMetrics may use the name of any User by identifying such entity as a registered user of BDMetrics' services.

  12. Disclaimer of Warranties
    THE SITE IS PROVIDED BY BDMETRICS ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER BDMETRICS NOR ITS SUBSIDIARIES, VENDORS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, AS TO THE OPERATION OF THE SITE, ITS CONTENT, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SITE. BDMETRICS, ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, ACCURACY, NON-INTERFERENCE, SYSTEM INTEGRATION AND NON-INFRINGEMENT.

    FURTHERMORE, BDMETRICS DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BDMETRICS, ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS. ANY MATERIAL DOWLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR USE OF THE SERVICES IS DONE AT EACH USER'S OWN DISCRETION AND RISK, AND EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.

  13. Limitation of Liability
    BDMETRICS SHALL NOT BE RESPONSIBLE OR LIABLE TO USERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH BDMETRICS OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF BDMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

    IN NO EVENT SHALL BDMETRICS'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE EXCEED THE AMOUNT OF FEES THE USER HAS PAID, IF ANY, TO BDMETRICS FOR THE THEN CURRENT TWELVE MONTH TERM.

    EACH USER ACKNOWLEDGES THAT BDMETRICS HAS AND WILL CONTINUE TO SET ITS FEES AND ENTER INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT SUCH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

  14. Disputes Between Users
    Users shall not involve BDMetrics in any dispute between Users of the Site. In the event of a dispute with another User, each User agrees to release BDMetrics from any and all claims of any kind arising out of said dispute.

  15. Governing Law; Jurisdiction
    These terms and conditions shall be governed by and construed in accordance with the laws of State of Maryland (USA), without regard to conflicts of law provisions.