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BGPMA ("BGPMA") has created this website to provide patients and other interested persons with information about BGPMA and various medical and health related matters. To assist you in using our BGPMA.com website (the "Web Site" or the "Site"), and to ensure a clear understanding of the relationship arising from your use of our site, we have created a Privacy Policy and a set of Terms and Conditions of Use. Our Privacy Policy explains how we protect and treat contact and other information you provide to us through the site, and our Terms and Conditions of Use govern your use of our site generally. Please read on to learn more. We respect your privacy. This Privacy Policy and Agreement ("Privacy Policy") constitutes the agreement between you and BGPMA.com regarding your provision, and our collection and use of, contact and other information you may provide while using our site. In this Privacy Policy, the words "you" and "your" refer to any person accessing the site, and the words "we," "us," and "our" refer to BGPMA. By using our site, you consent to this Privacy Policy. 1.Overview We have organized the elements of our Privacy Policy in sections. To access a particular topic, please click on the link below. The Types Of Information You Potentially May Provide Information That Identifies You: Personally Identifiable Information Email And Other Direct Communications Information That Does Not Identify You: Aggregate Information Advertisers’ Collection Of Information How We Use The Information You Provide We Use Your Contact Information To Keep You Informed No
Unrelated Third Party Is Given Access to Your Personally Identifiable
We Use Aggregate Information Only In Ways That Do Not Identify You Any Information Linked With Your Personal Information Is Protected As "Personally Identifiable Information" Our Co-Branded Site; Use By Our Parents and Subsidiaries How We Safeguard Information We Collect How To Obtain Access To Information You Have Provided, And How To Remove Your Information From Our Database Privacy Protection For Children Participation In Online Discussions Court Orders, Subpoenas, And Other Required Disclosures We have also included a variety of links in the body of our Privacy Policy, to connect related provisions and further assist in you in navigating and understanding the Policy. If after reading through the Privacy Policy you still have questions, please feel free to contact us by clicking on the following link: contact us. 2. The Types Of Information You Potentially May ProvideInformation you may provide in visiting our Site falls into two broad categories: personally identifiable information, and aggregate information. "Personally Identifiable Information" is information that can be used to identify or contact you, such as your name, email address, or mailing address. "Aggregate Information" is information that does not identify you, and may include, for example, statistical information concerning the web pages on our Site that users most frequent. Our Privacy Policy governs both categories of information, as detailed below. 2.1 Information That Identifies You: Personally Identifiable Information We allow you to decide whether you wish to provide us with Personally Identifiable Information. Accordingly, we have structured our Web Site so that you may visit us, and review a range of information about us and medical and health matters, without revealing your identity or providing any Personally Identifying Information. As indicated above, you may use our Site without registering or submitting any information to us. In that case, the only information we collect from your visit will be Aggregate Information, that does not identify you in any way. Our obligations concerning, and permitted uses of Aggregate Information are set out below. 2.1.1Surveys and QuestionnairesIf you choose to participate in surveys or questionnaires which from time to time we may post in the aggregate at BGPMA.com, we may ask that, in addition to providing your responses, you also provide contact and other Personally Identifiable Information. If we link, or combine in any way your responses with your Personally Identifiable Information, we will treat the combined information as Personally Identifiable Information under our Policy, as provided below. If we separate your responses from, and they are independent of any Personally Identifiable Information, such that a third party reviewing your responses would be unable to link the responses to you or your practice, the responses will be treated as Aggregate Information under our Policy, again as provided below. 2.1.2 Email And Other Direct CommunicationsYou have the ability at our Site to pose certain questions to staff in order to learn more about our services. In addition, you may wish to provide us with comments and feedback concerning our BGPMA.com Site generally. By communicating with us in these ways, you may provide us with your email address, and other Personally Identifiable Information. We will handle Information that you provide in this manner in accordance with our Policy for Personally Identifiable Information, set out below. 2.2 Information That Does Not Identify You: Aggregate InformationWhen you browse our Site, the choices you make may provide information concerning your interests, and concerning the appeal and efficacy of associated Site features. For example, if you spend time browsing information on “pediatrics” this suggests that this topic may interest you generally. If a number of visitors spend time browsing our features on "patient satisfaction survey," this suggests that we have designed this portion of our Site effectively. Information concerning our visitors’ activities at BGPMA.com – which pages they visit, and how long they view these pages, for example – is Aggregate Information. This information does not identify a particular user, but does provide potentially useful data concerning our users’ preferences and the efficacy and interest of our Site’s features. The manner in which we collect Aggregate Information is set out below. 2.2.1. CookiesWe collect Aggregate Information about your use of our Site through cookies and similar Internet technologies. "Cookies" are small text files that a website can use to recognize repeat users, to facilitate the user’s ongoing access to and use of the site, and to compile aggregate data to improve the site and focus advertising. Cookies work as follows: a website will send a cookie to your browser that uniquely associates your computer with information stored at the site. Your browser places the cookie in its cookies file. When you next access that site on your computer, the site recognizes the cookie, makes the stored information available, and adds new information based on the present visit. Our cookies do not collect or retain your name or other Personally Identifying Information. In addition, no third parties are permitted to use cookies created at our Site for their own purposes. We treat all information collected through cookies and similar Internet technologies as Aggregate Information; our obligations concerning, and permitted uses of Aggregate Information are set out below. 2.2.2 Disabling CookiesYou may choose not to allow us to collect information in this manner, through cookies. If you wish, you can set your browser software to reject cookies, and most browsers provide instructions for disabling the cookies feature in their "Help" section. Because cookies can be used to provide certain functionality, if you disable your browser’s cookies feature, certain elements of our Site may be unavailable to you. 2.2.3 IP AddressesA so-called "Internet Protocol" (IP) address is associated with your computer’s connection to the Internet. We use your computer’s IP address to maintain contact with you as you navigate through our site. We also may use your computer’s IP address to provide you with personalized content. Similar to cookies, your computer’s IP address by itself does not identify you personally. We treat IP addresses, therefore, as Aggregate Information, as provided below. If your IP address is combined with any Personally Identifiable Information, the combined information will be treated as Personally Identifiable Information, as set out below. 2.2.4 Advertisers’ Collection Of InformationWith Internet technology, it is possible for advertisers, as well as site hosts, to collect information through the use of cookies and other technologies, such as so-called "clear GIF" files. Because we created this Site to provide service information to our patients, we do not include advertising. Accordingly, no advertisers collect information at BGPMA.com. 3. How We Use The Information You ProvideThe following section describes how we use the information you provide, and details the specific obligations we undertake to preserve your privacy. 3.1 We Use Your Contact Information To Keep You InformedWe will use Personally Identifiable Information you give to us to provide you with information concerning medical and health matters, newsletters, updates, and related materials. We will also use this Information to respond to questions and comments from you, and to inform you of changes to our Privacy Policy or Terms and Conditions of Use. In addition, we may use this Information to contact you personally. We will notify you in advance if we wish to contact you in this manner, and you are free to decline. We will not sell or disclose any Personally Identifiable Information you provide at our Site to any unrelated third party without your express permission, as set forth more fully, below. 3.2 No Unrelated Third Party Is Given Access to Your Personally Identifiable InformationWe do not share with unrelated third parties any Personally Identifiable Information you provide to us. By "unrelated third parties" we mean anyone who is not involved in running the BGPMA.com Site, or not involved in fulfilling requests you make at our Site. We have relationships with certain providers who assist us in, or are responsible for, designing and maintaining the Site, responding to email and user inquiries, disseminating endothelin-related and other information, and structuring promotions and newsletters. In order to carry out their responsibilities, these providers on occasion will require access to our users’ Personally Identifiable Information. To ensure that our Privacy Policy continues to protect Personally Identifiable Information accessed by these providers, we require that all of our providers abide by our Privacy Policy, and prohibit our providers’ use of any information, including Personally Identifiable Information, for any purpose other than providing us with goods or services related to BGPMA.com. 3.3 We Use Aggregate Information Only In Ways That Do Not Identify YouTo measure our visitors' interest in and use of various areas of our Site, and for other purposes set out below, we collect Aggregate Information -- which is information that does not identify you. Aggregate Information obtained through cookies, for example, allows us to monitor how many users are visiting our Site, and what areas of the Site present the most interest to our users. We are able then to use this information to improve the functionality and interest of Site. We also use Aggregate Information to prepare statistical and other summary analyses of our users’ behavior and characteristics. We may share Aggregate Information, and reports based on this Information, with third parties unrelated to the Site. Rest assured, however, that no information which we provide to third parties will allow anyone to identify you, or determine anything personal about you. For example, we might report to unrelated third parties (a) the number of users of our Site; (b) the materials our users review while at our Site; or (c) the fact that "45% of our users live on the East Coast" or that "25% of our users are interested in Cardiology." We may charge third parties for this Information, and we may or may not limit the third parties’ use of this Information. We do not allow third parties to attempt to make Aggregate Information personally identifiable by, for example, seeking to combine it with other information. 3.4 Any Information Linked With Your Personal Information Is Protected As "Personally Identifiable Information"To advance our educational and other goals, we may link (a) the Personally Identifiable Information you have provided; with (b) Aggregate Information concerning (for example) your interests and preferences, as collected through our cookies. Linking this information will allow us to create information packages and services that are better tailored to your interests and preferences. Among other effects, linking this information may allow us generally to improve and focus our Site and analyses. If we combine or link any information with your Personally Identifiable Information, the resulting combination will be treated, and protected, as Personally Identifiable Information under this Privacy Policy. Accordingly, no unrelated third parties will have access to this Information, and any of our providers who are granted access to this information will be bound to protect it in accordance with this Policy, as set forth above. 3.5 Our Co-Branded Site; Use By Our Parents and SubsidiariesThe BGPMA Web Site has been created by employees of BGPMA. This Privacy Policy applies to BGPMA, and obligates it to comply with its provisions. Parent and subsidiary corporations of BGPMA are also obligated to comply with this Privacy Policy. To assist in strategic planning, and for other business purposes, you agree that BGPMA may share with these entities information obtained from the Site, including Personally Identifiable Information. These entities will treat all information so received fully in accordance with this Policy. 4. How We Safeguard Information We CollectWe have put in place security systems designed to prevent unauthorized disclosure of information you provide to us. These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access. 5. How To Obtain Access to Information You Have Provided, And How To Remove Your Information From Our DatabaseWe allow you at any time to update, correct, or delete Personally Identifiable Information you have provided us. Accordingly, upon your request, and to the extent your request does not compromise our privacy policies, we will provide you with access to Personally Identifiable Information you have previously provided to us, and allow you to update and correct this Information. If you wish to update or revise this Information, please contact us. We will update or revise your Personally Identifiable Information in the manner you request. Finally, if you request, we will remove your name and other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. If you wish to remove your name and other Personally Identifiable Information from our database, you may write to us with your request, at the mailing address listed below. You will be removed our databases generally within five business days of our receipt of your request. Because Aggregate Information does not personally identify our users, we do not provide our users with access to Aggregate Information, and users may not update, revise, or delete any Aggregate Information. 6. Additional General Provisions6.1 Privacy Protection for ChildrenOur Site is not directed at children, and we will not accept or request personal information from individuals we know to be under 13. If we learn that a child under 13 has provided us with Personally Identifiable Information, we will delete this information from our databases, in accordance with our deletion policy, set out above. 6.2 Participation in Online DiscussionsIf we add a "chat" or "forum" feature to the Site, you may decide to participate in an online discussion. Please keep in mind that any information you provide while participating in an online chat or forum will be available to all participants. These participants, and their transferees, may use Personally Identifiable Information and other information you disclose in this manner, to contact you and for other purposes. Accordingly, if we choose to provide such features at BGPMA.com, we ask that you participate prudently, as this Privacy Policy will not cover the information you disclose in online discussions at our Site. 6.3 Links To Other Web SitesTo give you access to, and to provide you with other information concerning medical and health matters, we have included on the Web Site certain links to other sites. We provide these links as a convenience, and BGPMA does not endorse the content or services offered by, or the privacy policies in place at, these other sites. Our privacy policy covers only information we collect at BGPMA.com, and other sites to which we link may have privacy policies that differ considerably from our Privacy Policy. We have structured our Site to make it reasonably clear when you leave our Web Site and enter another web site. We encourage you to review the privacy policies of each site you visit through our links, to ensure you are comfortable with these policies. We are not responsible for the conduct or policies of these third parties. 6.4 Court Orders, Subpoenas, And Other Required DisclosuresThere are two exceptions to our privacy policy. First, we may disclose Personally Identifiable Information as may be required in legal proceedings, or in response to a subpoena, court order, or administrative order compelling disclosure. Second, in cases involving a threat of imminent harm to you or others, we may release such Information to prevent or mitigate the threat. In any such case, we will seek to limit the scope of disclosure, and will disclose only such Information as is reasonably required to fulfill the purpose of the disclosure. 6.5 Changes in Our Privacy PolicyFrom time to time we may revise our Privacy Policy. We will notify registered users of these changes, and will post the changes here. Any changes to our Privacy Policy will apply prospectively, and we will maintain Personally Identifiable Information in accordance with the version of the Policy in effect at the time you submitted the information, unless you consent to application of the revised Policy. 6.6 Complete AgreementIn addition to this Privacy Policy, your use of our BGPMA.com Site is also subject to our Terms and Conditions of Use (our "Terms and Conditions"). Together with our Terms and Conditions, this Privacy Policy constitutes the entire agreement between you and BGPMA.com with respect to use of the BGPMA.com Site. 7. Your ConsentBy using our Web Site, you consent to our collection and use of information, in accordance with this Privacy Policy. If you do not agree with some, or all of the terms of this Privacy Policy, please refrain from visiting our Site. You may contact us by mail as follows: BGPMA, Inc. 110 Liberty Street Brockton, MA 02301 Please note that the above is the mailing address for matters relating to this BGPMA. com Site. Last revised: November, 2007 ©
2007 BGPMA, Inc. All rights reserved. BGPMA.com Bridgewater Goddard Park Medical Associates, Inc. ("BGPMA.com") has created this web site to provide patients and other interested persons with information about our services and various medical and health related matters. To assist you in using our BGPMA.com web site (the "Web Site" or the "Site"), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a Privacy Policy and a set of Terms and Conditions of Use. Our Privacy Policy explains how we protect and treat contact and other information you provide to us through the Site, and our Terms and Conditions of Use govern your use of our Site generally. Please read on to learn more. PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE. These Terms and Conditions of Use ("Terms and Conditions") constitute the contractual agreement between you and BGPMA.com regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to BGPMA. By using our Site, you agree to these Terms and Conditions. In addition, if you become a registered user, during the registration process you will be prompted to click an "I Agree" button, which further confirms your agreement with these Terms and Conditions. 1. OverviewWe have organized the elements of our Terms and Conditions in sections. To access a particular topic, please click on the link below. No Provision Of Medical Advice Downloading and Use of Site Contents Complaints Over Perceived Infringement BGPMA’S Designated Agent
Our Response; Counter-Notifications Links To Other Web Sites And Services Choice of Law and Jurisdiction Acceptance of Reprint and Other Requests We have also included a variety of links in the body of our Terms and Conditions, to connect related provisions and further assist in you in navigating and understanding the Policy. If after reading through these Terms and Conditions you still have questions, please feel free to contact us by clicking on the following link: contact us. 9. No Provision Of Medical AdviceWe have designed this Site to be a general information resource on medical and health matters for our patients and other interested persons. BGPMA is not engaged in providing medical advice via this Web Site, and you should not view the information provided as a substitute for medical advice offered by a physician. Always seek the advice of your physician or other qualified healthcare provider. BGPMA 's publication of the content appearing on this Site does not necessarily constitute an endorsement of the views expressed therein, and does not constitute a warranty or guarantee of any strategy, recommendation, treatment, action, or medication. 10. Ownership Of Site ContentsUnless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by BGPMA (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which are owned by BGPMA. The phrase "BGPMA.com " is a trademark owned by BGPMA. Other trade names and trademarks present on the Site appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party’s trademark or trade name on this Site, BGPMA does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and BGPMA hereby expressly disclaims any such affiliation or endorsement. 11. Downloading and Use of Site ContentsThe Contents of our Site, and the Site as a whole, are intended strictly for educational and other noncommercial use by the users of our Site (collectively, "Permitted Uses"). You may download and copy the Contents displayed on the Site solely for such Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law. 12. User CommentsAll comments, feedback, postcards, suggestions, or ideas which you may choose to provide to us or post in connection with your use of this Site (collectively, "Comments") shall be the property of BGPMA. You agree that, as long as we fully comply with our Privacy Policy, we may use or disclose Comments in any manner. Moreover, provided we fully comply with our Privacy Policy, we shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using such information. BGPMA does not endorse, and specifically disclaims responsibility or liability for any user Comments. BGPMA has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users on online chats or bulletin boards which we may include on the Site. You agree that, in submitting Comments to any online chats or bulletin boards which we may include on the Site, you will only submit Comments that are reasonably related to the subject matter of the online discussion. 13. Prohibited UsesIn addition to other prohibited uses specified in these Terms and Conditions, you are expressly prohibited from using our Site to post or transmit any advertising, "spam," threatening, defamatory, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. BGPMA disclaims all responsibility or liability arising from the content of any such postings, and assumes no responsibility for any error, omission, defamation, falsehood, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. As provided in our Privacy Policy, BGPMA will comply with court orders directing BGPMA to disclose the identity of users posting such information or materials, or otherwise directing compliance by BGPMA. You agree to refrain undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site. 14. Complaints Over Perceived InfringementBGPMA respects intellectual property rights, and will terminate registered users and deny access to others who, in our discretion, infringe the intellectual property rights of others. In addition, BGPMA will use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, as long as these technical measures do not impose substantial costs on us, or impose a substantial burden on our hardware, software, or administrative systems. If you believe that materials posted on our BGPMA.com web site infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work. 14.1 BGPMA's Designated AgentIf you believe materials posted on our site infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our "Designated Agent"): e-mail:
patient relations@BGPMA.com BGPMA, Inc. 110 Liberty Street Brockton, MA
02401 14.2 Content of NoticeYou should notify our Designated Agent of your concerns as follows: (i)
Place your concerns in writing, and sign the document; (ii)
Identify the Work, which you believe is being infringed; (iii)
Identify the material on our site which you believe infringes your
Work, and identify this material in a sufficient manner to permit
us to locate the material without undue searching; and (iv)
Provide in your notice sufficient information for us to contact
you, including an address, telephone number, and, if available,
an e-mail address. To qualify for protection under this Section, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury. 14.3 Our Response; Counter-NotificationsUpon receipt of a proper notice in the form specified above (a "Notice"), we will remove or disable access to the materials on our site which you assert infringe your Work. We will also take steps to promptly notify the person or persons responsible for the allegedly infringing materials (the "Respondent") that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent is provided an opportunity to dispute your claim that his or her materials infringe your Work. By law, the Respondent may provide us with a "counter-notification." Upon receipt of a proper counter-notification, we will act as provided in the Digital Millennium Copyright Act. 15. Links To Other Web Sites And ServicesBGPMA does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. BGPMA does not necessarily endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users' convenience. Access to other sites linked to this Web Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if the logo or mark of BGPMA is used as part of the link to this Site. 16. Disclaimer of WarrantiesWhile we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. BGPMA SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE. You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 17. Limitation of LiabilityNEITHER BGPMA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR: ·
ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE
CONTROL; ·
ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN
RESPECT OF THE CONTENT OR OUR SERVICES; OR ·
ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON
THE SITE CONTENT OR OUR SERVICES. 18. Choice of Law and JurisdictionThis Site is controlled and operated by BGPMA from its location in Brockton, MA. These Terms of Use, and our Privacy Policy, shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in the county or judicial district which includes Boston, Massachusetts. BGPMA makes no representation that the information in the Web site is appropriate or available for use in locations outside the United States, and access to this Web Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Web Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws. 19. Acceptance of Reprint and Other RequestsThe receipt of an e-mail order confirmation does not constitute the acceptance of an request for reprints or other materials from our Site. BGPMA reserves the right, without prior notification, to limit the quantity on any reprints or other materials requested from our Site, and /or to refuse service to any user. Verification of information may be required prior to the acceptance of any request for reprints or other materials. 20. ModificationsWe may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation. In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed. 21. AssignmentBGPMA may wish at some point to assign or transfer its rights in this Web Site to a third party. You agree that BGPMA may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by BGPMA's applicable Privacy Policy. 22. IndemnitiesYou agree to indemnify BGPMA, and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content, or reprints available from our Site, or services. 23. Access PrivilegesBGPMA may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site. 24. SeverabilityIf any provision of these Terms and Conditions, or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions or the Privacy Policy, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions or the Privacy Policy shall be deemed a further or continuing waiver of such provision. 25. Complete AgreementIn addition to these Terms and Conditions, your use of our BGPMA.com Site is also subject to our Privacy Policy. Together with our Privacy Policy, these Terms and Conditions constitute the entire agreement between you and BGPMA with respect to use of the BGPMA.com Site. 26. Your ConsentBy using our Web Site, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting our Site. 27. Contact UsYou may contact us, for any reason, by e-mail as follows: ContactUs@BGPMA.com
You may contact us by mail as follows: BGPMA, Inc. 110 Liberty Street Brockton, MA 02301 Please note that the above is the mailing address for matters relating to this BGPMA.com site. This is the same address from which BGPMA manages the site. Last revised: November, 2002 © 2002 __________, Inc. All rights reserved. BOS1
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