1. Use of Site and/or Service. This Website and Portal (Site) and the services provided (Service) are maintained and operated by Bergeson & Campbell, P.C. (B&C®), The Acta Group, L.L.C. (Acta), and B&C Consortia Management, L.L.C. (BCCM) (us, we, our, or “B&C”) with its registered office at 2200 Pennsylvania Avenue, N.W., Suite 100W, Washington, D.C. 20037. B&C is a firm that helps companies that make and use chemicals commercialize their products, maintain compliance, and achieve competitive advantage as they market their products throughout the world. We offer this Site for you to view information and documents from us (collectively, Content) and to contact us with regard to the IP Services we offer. Please note that you must be of the age of consent in your jurisdiction to use our Services and interact on our Site. If you breach any of the provisions in these Terms of Service (Terms), your authorization to use this Site or these Services automatically terminates.
We reserve the right to change these Terms from time to time. If such changes are considered material, we will inform you by e-mail if we have your e-mail address, and the changes will take effect one month after sending the e-mail. Otherwise, your continued use of the Site or our Services after such changes will act as your agreement (Agreement) to accept these modified Terms. You are responsible to return to this Site from time to time to review the most current Terms.
2. Privacy and Release of Information. It is our policy to not release your personal data to any third party except when you instruct us to do so, or when it is legally required. When law enforcement makes a lawful demand for personal data from us, we strive to limit the disclosure. We will release only the specific data mandated by the relevant legal demand. If compelled to disclose your personal data, we will promptly notify you and provide a copy of the demand unless we are legally prohibited from doing so.
Our Site includes Content that we have created or that we have created on behalf of our clients and posted with their explicit permission. All materials we publish on our Site including, but not limited to, written materials, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights and trademarks or those of our clients. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Content on our Site in whole or in part. If you would like to request permission to use any of the Content on our Site, please send an e-mail to firstname.lastname@example.org.
Our Site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, materials, and other elements comprising this Site are also copyrighted works.
Our Site contains Content that we create as well as Content provided by third parties. We do not guarantee the accuracy, the integrity, or the quality of the Content on our Site, and you may not rely on any of this Content. Without limitation, we are not responsible for postings not created by B&C.
You agree that neither we nor our sponsors or affiliates are responsible for the accuracy of Your Content. We do not control Your Content or the content posted by other users, and we do not guarantee the truthfulness or quality of any such Content. You agree that while using our Site, you may be exposed to content that is offensive or objectionable, and that you will in no way hold us or our sponsors or affiliates liable in any way for any harm or loss that may come to you or others as a result of viewing such Content.
You may be exposed to Content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that Content. We have the right, but not the obligation, to remove any Content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. We are not responsible for screening any user content.
4. Site Security and Conduct. Any Content we upload to this Site will be accessible to all users of the Site. We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password.
5. System and Network Security. Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.
6. Intellectual Property Rights. The Service and this Site are protected to the maximum extent permitted by copyright and trademark laws and international treaties. The Content of this Site, and related pages, is copyrighted property of B&C, or other suppliers credited as the provider. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Site or the Service.
7. Notification of Claims of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement at:
Please provide the following information:
- Identify the material on the Site that you claim is infringing in sufficient detail so that we can find it;
- Include the specific statement that you have a good faith belief that the disputed use you have identified is not authorized by the copyright owner, its agent, or the law;
- Include the specific statement in which you declare, under penalty of perjury, that (a) the information you have provided is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and e-mail address; and
- Your physical or electronic signature.
We will remove the infringing content according to the procedures outlined in the Digital Millennium Copyright Act of 1998.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of fact or falsities in a written notification will automatically subject the complaining party to liability for damages, costs, and attorneys’ fees incurred by us in connection with the written notification and your allegation of copyright infringement.
8. Representations. You represent and warrant that you will not hold us responsible for the quality, safety, or accuracy of the Content on the Site. We provide no warranty or guarantee regarding the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. If you are aware of any relevant errors, inaccuracies, or discrepancies, including pricing discrepancies please alert us at email@example.com.
9. Disclaimer of Warranty. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, B&C DISCLAIMS ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE B&C SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. YOU USE ANY INFORMATION OR MATERIALS ON THIS WEBSITE ENTIRELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.
11. Indemnity. You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post, or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.
12. Governing Law. You further consent that this Agreement is governed by and shall be construed in accordance with the laws of Washington, D.C., U.S.A. without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the District of Columbia for any disputes arising out the use of this Site.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter that it describes. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the information it covers.
If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement. Any remaining provisions of the Agreement will continue to be enforced with full effect.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM THE INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitations may not apply to you.
14. Consequences of Violation of Terms. We may, without notice to you, suspend your Service or remove Your Content transmitted via the Site if we discover facts that lead us to reasonably believe the Site or Service is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We may attempt to contact you prior to your suspension; prior notification is not assured, however.