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Effective January 1, 2021
Burkert Valuation Advisors, LLC
3916 N. Potsdam Avenue, PMB 4360
Sioux Falls, SD 57104
Email: [email protected]
This Agreement is subject to change at any time. Once posted, any changes become effective immediately, and if you use the Site after they become effective, you agree to be bound by the changes. Accordingly, when you use the Site, you should check the effective date that appears at the top of this page and review any changes since the last version. BVA retains the right to change, modify, withdraw, suspend or even permanently discontinue any or all portions of the Site at any time, with or without notice, without any liability or obligation to you.
3. User Age Requirements
4. Registration and Passwords
To use other certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under or with your password or account. You agree to exit from your account at the end of each session and to notify us immediately of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
You may cancel your registration and password at any time and for any reason by emailing [email protected] with your username, password, and e-mail address and requesting termination of your registration. BVA may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
5. Material, Content and Intellectual Property
This Site, all the materials or content available on the Site, and any and all trademarks, service marks, book titles, event or program names, slogans, logos, and other distinctive identifications (“marks”) on or of the Site are the intellectual property of and proprietary to BVA or our advertisers, affiliates, suppliers and others with whom BVA may do business and are protected by copyright, trademark, and other intellectual property laws.
The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized by the owner of the materials or content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material or content from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
On notice, we will act expeditiously to remove materials or content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us of copyright infringement can be found in Section 8 below.
6. Forums and Postings
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services (“Forums”), which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others (“Postings”).
BVA reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that BVA deems inappropriate for inclusion in the Forums, for any reason or for no reason. Forums are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Forum may have a policy of limited membership or access, BVA disclaims all liability if unauthorized persons obtain access to that Forum. You acknowledge that you use the Forums at your own risk and you should not disclose or make available your Personal Information in any Forum or in any Posting.
You further acknowledge that BVA neither endorses nor controls Postings in the Forums, and BVA assumes no duty to monitor or endorse Postings within the Forums, nor does BVA represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement, and you should not assume that any Posting is true, accurate or reliable.
Also, it is a condition of your use of the Site that you do not:
The amount of storage space on the Site per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for the deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any material or content on the Site or any Postings on the Forums violates any of the terms of this Agreement, please send us a message about it at [email protected]. We cannot guarantee that we will respond to your message, and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
8. Copyright Infringement Claims
If you are a copyright owner or an agent thereof and believe that any material or content on the Site or any Postings on the Forums infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
Our designated copyright agent to receive notifications of claimed infringement is [email protected]. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The Site may contain various forms of advertisements. As a result of this, you may choose to communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”). All such interaction is strictly and solely between you and the Advertiser involved and BVA is not responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may obtain from any Advertiser).
10. Links to Other Websites
THE SITE AND ALL SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, BVA MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THE SITE OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BVA OR ITS SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS, AFFILIATES, LICENSORS OR SUPPLIERS, OR THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE (“RELEASED PARTIES”), SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE SITE IS MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE SITE THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. BVA DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.
12. Limitation of Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (i) THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE; (ii) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (v) ANY BUGS, VIRUSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE RELEASE PARTIES SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify, defend and hold harmless BVA and its officers, directors, employees, agents, licensors, representatives, Advertisers, service providers and suppliers from and against any and all claims, actions, losses, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any materials or content provide, submit or make available on or through the Site or your unauthorized use of any such Postings, material or content. BVA reserves the right to assume, at its expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with BVA in the defense of any such claim, action, settlement or compromise negotiations, as requested by BVA.
This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction.
15. Choice of Law and Forum
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any dispute arising out of or relating to this Agreement or your access or use of this Site must be settled by binding arbitration before a single arbitrator utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, PA, and you hereby submit to the personal jurisdiction of such forum.