AGREEMENT TO OUR LEGAL TERMS
BMC Trenchless, registered in Ohio, United States at 6124 Blue Rock Rd, Cincinnati, OH 45247, operates the website trenchlessresourcecenter.com (the “Site”) and any related products and services (the “Services”).
We provide an education platform listing companies’ information on technologies and trenchless methods.
You can contact us at 5137815417, sarah@bmctrenchless.com, or by mail to 6124 Blue Rock Rd, Cincinnati, OH 45247, United States.
These Legal Terms constitute a legally binding agreement between you and BMC Trenchless concerning your access to and use of the Services. By accessing the Services, you agree to be bound by all Legal Terms. If you don’t agree with all Legal Terms, you must discontinue using the Services immediately.
Supplemental terms and conditions posted on the Services are incorporated herein. We reserve the right to make changes or modifications at any time and for any reason. We’ll update the “Last updated” date to alert you, and you waive specific notice of each change. Periodically review these Legal Terms to stay informed. Continued use of the Services after the revised Legal Terms are posted means you accept them.
The Services are for users at least 18. Under 18s aren’t allowed to use or register.
Print a copy of these Legal Terms for your records.
The information provided in the Services is not intended for distribution or use in any jurisdiction or country where it would violate law or regulation, or subject us to registration requirements. Users accessing the Services from other locations do so at their own risk and must comply with local laws.
The Services aren’t tailored to comply with industry-specific regulations like HIPAA or FISMA, so users may not use them if their interactions would be subject to such laws. They also may not violate the Gramm-Leach-Bliley Act (GLBA).
We own or license all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the “Content”), as well as trademarks, service marks, and logos (the “Marks”).
Our Content and Marks are protected by copyright, trademark, and other intellectual property rights and unfair competition laws in the United States and around the world.
The Content and Marks are provided “AS IS” for personal, non-commercial use or internal business purposes only.
You may access and download a portion of the Content you’ve properly gained access to for personal, non-commercial use or internal business purposes, but no part of the Services or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for commercial purposes without our prior written permission.
If you wish to use the Services, Content, or Marks for any other purpose, please contact sarah@bmctrenchless.com. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors and ensure any copyright or proprietary notice appears on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you.
Any breach of Intellectual Property Rights will terminate your right to use our Services immediately.
Your submissions:
Review the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand your rights and obligations when posting content.
By sending us any question, comment, suggestion, idea, feedback, or information about the Services (“Submissions”), you assign all intellectual property rights in Submissions to us. We can use and share Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation.
You’re responsible for what you post:
– Confirm you’ve read and agree with our “PROHIBITED ACTIVITIES” and won’t post any illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading content.
– Waive any moral rights to Submissions if permissible by law.
– Warrant that Submissions are original or you have the necessary rights and licenses to submit them.
– Warrant that Submissions aren’t confidential.
– Reimburse us for any losses due to your breach of this section, third-party intellectual property rights, or applicable law.
By using the Services, you agree to comply with these Legal Terms. You must be legally capable and not a minor in your jurisdiction. You won’t access the Services through automated means or use them for illegal or unauthorized purposes. Your use must comply with applicable laws and regulations.
If you provide false information, we can suspend or terminate your account and refuse future use of the Services.
You may not access or use the Services for any purpose except as we make them available. Commercial endeavors must be specifically endorsed or approved by us.
As a user, you agree not to:
– Systematically retrieve data from the Services without permission.
– Trick, defraud, or mislead us or other users.
– Circumvent or disable security features of the Services.
– Harm us or the Services in our opinion.
– Harass, abuse, or harm another person using information from the Services.
– Improperly use our support services or submit false reports.
– Use the Services inconsistently with applicable laws or regulations.
– Unauthorized framing or linking to the Services.
Upload or transmit viruses, Trojan horses, or other malicious material, including excessive use of capital letters and spamming, that interferes with your use of the Services.
Automate your use of the system, such as using scripts to send comments or messages, or using data mining tools.
Remove copyright or proprietary rights notices from any Content.
Impersonate another user or use their username.
Upload or transmit material that collects or transmits information, including gifs, 1×1 pixels, web bugs, cookies, or similar devices.
Interfere with the Services or the networks connected to them.
Harass, annoy, intimidate, or threaten our employees or agents providing the Services.
Attempt to bypass access control measures.
Copy or adapt the Services’ software, including Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Services, except as permitted by law.
Use any automated system, including spiders, robots, or scrapers, to access the Services.
Don’t use unauthorized scripts or software.
Don’t use the Services to compete for revenue or commercial gain.
Don’t advertise or offer to sell goods or services on the Services.
Don’t sell or transfer your profile.
The Services don’t allow users to submit content. However, you may create, submit, post, display, transmit, perform, publish, distribute, or broadcast content to us or on the Services, including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”).
Contributions may be visible to other users and third-party websites. Therefore, you must ensure they comply with the Services’ Privacy Policy. When you create or share Contributions, you represent and warrant that:
– Your Contributions don’t infringe third-party proprietary rights, including copyright, patent, trademark, trade secret, or moral rights.
– You own the rights to or have the necessary permissions to use and authorize us and other users to use your Contributions.
– You’ve obtained written consent from each identifiable person in your Contributions to use their name or likeness.
– Your Contributions are truthful, accurate, and not misleading.
– They aren’t unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
– They aren’t obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your contributions must not be:
– Ridiculed, mocked, disparaged, intimidated, or abused
– Used to harass or threaten anyone
– Violative of applicable law, regulation, or rule
– Violative of privacy or publicity rights of any third party
– Violative of child pornography laws or intended to protect minors
– Offensive based on race, national origin, gender, sexual preference, or physical handicap
– Violative of these Legal Terms or applicable law
Violations of these terms may result in termination or suspension of your rights to use the services.
You and the services agree that we may access, store, process, and use any information and personal data you provide, following the terms of the Privacy Policy and your choices.
By submitting suggestions or feedback, you agree that we can use and share it for any purpose without compensation.
You retain full ownership of your Contributions and any intellectual property rights associated with them. We’re not liable for statements or representations in your Contributions on the Services. You’re solely responsible for your Contributions and agree to exonerate us from any legal action regarding them.
The Services may contain links to other websites (“Third-Party Websites”) and content (“Third-Party Content”) from third parties. We don’t investigate, monitor, or check these websites or content for accuracy, appropriateness, or completeness. We’re not responsible for any content, opinions, privacy practices, or other policies of or contained in these websites or content. Inclusion of, linking to, or permitting the use of any Third-Party Websites or Content doesn’t imply our approval or endorsement. If you leave the Services and access these websites or use their content, you do so at your own risk. Review the applicable terms and policies of any website you navigate from the Services or relating to any applications you use or install from the Services. Any purchases made through Third-Party Websites are exclusively between you and the applicable third party, and we have no responsibility for them. You acknowledge that we don’t endorse the products or services offered on these websites, and you hold us harmless from any harm caused by your purchase or any losses sustained due to Third-Party Content or contact with Third-Party Websites.
We prioritize data privacy and security. Please review our Privacy Policy: https://trenchlessresourcecenter.com/privacy-policy/. By using our Services, you agree to our Privacy Policy, which is part of these Legal Terms. Note that our Services are hosted in the US. If you access them from another region with different personal data collection, use, or disclosure laws, you consent to transferring your data to the US.
These Legal Terms remain in effect while you use the Services. We reserve the right, without notice or liability, to deny access to and use of the Services to anyone, for any reason, including breach of representations, warranties, or covenants in these Legal Terms or applicable laws or regulations. We may terminate your use or participation in the Services or delete any content you post at any time, without warning.
If we terminate or suspend your account, you can’t register or create a new account under your name, a fake name, or a third party’s name, even if you’re acting on their behalf. We can also take legal action against you.
We can change, modify, or remove the Services’ content anytime without notice. We don’t have to update any information. We won’t be liable for any modification, price change, suspension, or discontinuation of the Services.
We can’t guarantee the Services will be available all the time. We may experience problems or need maintenance, causing interruptions, delays, or errors. We can change, revise, update, suspend, discontinue, or modify the Services anytime without notice. You agree we’re not liable for any loss, damage, or inconvenience caused by downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain or support the Services or supply corrections, updates, or releases.
Binding Arbitration
If parties can’t resolve a dispute through informal negotiations, it will be resolved by binding arbitration. This provision allows parties to sue in court and have a jury trial, but arbitration is preferred. Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). Arbitration fees and arbitrator compensation will be governed by the AAA Consumer Rules. Arbitration may be conducted in person, by document submission, phone, or online. The arbitrator will make a written decision, but need not provide reasons unless requested. The arbitrator must follow applicable law, and any award may be challenged. Arbitration will take place in Hamilton, Ohio. Parties may litigate in court to compel arbitration, stay proceedings, or confirm, modify, vacate, or enter judgment on the award.
If a dispute proceeds in court instead of arbitration, it shall be commenced in Hamilton, Ohio, in state and federal courts. The parties consent to venue and jurisdiction in these courts and waive defenses of lack of personal jurisdiction and forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these legal terms.
If this provision is found illegal or unenforceable, the dispute will be decided by a court of competent jurisdiction. The parties agree to submit to the court’s personal jurisdiction.
Arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding, class-action basis, or brought in a purported representative capacity.
Exceptions to arbitration include the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA).
The Parties agree that the following disputes are not subject to binding arbitration: (a) intellectual property rights enforcement or protection; (b) theft, piracy, invasion of privacy, or unauthorized use; and (c) injunctive relief claims. If this provision is found illegal or unenforceable, neither Party will arbitrate disputes within that portion and the dispute will be decided by a court of competent jurisdiction listed above. The Parties agree to submit to the court’s personal jurisdiction.
THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. YOU AGREE YOUR USE IS AT YOUR RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT, OR ANY CONTENT ON WEBSITES OR MOBILE APPLICATIONS LINKED TO THEM. WE ASSUME NO LIABILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OUR SECURE SERVERS OR PERSONAL INFORMATION, (4) INTERRUPTION OR CESSATION OF SERVICE TRANSMISSION, (5) BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALWARE, (6) OR ANY LOSS OR DAMAGE INCURRED FROM THE USE OF CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE don’t warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our services, hyperlinked websites, or any website or mobile application featured in banners or other advertising. We won’t be involved in monitoring transactions between you and third-party providers. As with any purchase, use your best judgment and exercise caution.
We’ll maintain data you transmit to the Services for managing performance and your use of them. We regularly back up data, but you’re solely responsible for all data you transmit or related to your Service activities. We won’t be liable for any loss or corruption of this data, and you waive any right of action against us for such losses.
These Legal Terms and any policies or operating rules posted on the Services constitute the entire agreement between you and us. Our failure to enforce any right or provision won’t waive it. These Legal Terms operate to the fullest extent permissible by law. We can assign any or all our rights and obligations at any time. We won’t be responsible for any loss, damage, delay, or failure to act caused by causes beyond our control. If any provision is determined to be unlawful, void, or unenforceable, that provision is severable and doesn’t affect the validity and enforceability of the remaining provisions. There’s no joint venture, partnership, employment, or agency relationship between you and us. These Legal Terms won’t be construed against us because we drafted them. You waive any defenses based on the electronic form and the lack of signing.
513-781-5417 or sarah@bmctrenchless.com to resolve complaints or get information about the Services.