3.2 Prohibited Uses
You are responsible for ensuring that
your use of the Site is in compliance with any applicable laws or
regulations. You agree not to:
Interfere (or attempt to interfere) with the operation of the
Site. This includes, without limitation, (a) interfering with,
defeating, or circumventing any security function of the Site, or
attempting to do so, or (b) accessing, or attempting to access, any
portion of the Site that you are not authorised to access.
Post, store, or transmit any unlawful, threatening, defamatory,
indecent, obscene, menacing, pornographic, profane, or otherwise
objectionable (as determined by us) information or material, or any
information or material that could constitute or encourage racial
prejudice or hatred or conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law.
Post or transmit any advertising, promotion, or solicitation of
goods or services for commercial purposes except in any areas of the
Site specifically designated for such purpose.
Misuse any e-mail function available on or through the Site. This
includes, without limitation, (a) sending unsolicited commercial
e-mail to any account that causes complaints from the recipients,
(b) continuing to send commercial e-mail to a recipient if recipient
has requested that you discontinue such communication, (c) sending
bulk e-mails, "spam," chain letters, "mail bombs," or other
disruptive transmissions, or (d) forging message headers or
otherwise concealing an e-mail address or preventing others from
responding to a message, or attempting to do so.
Use the Site to post, store, or transmit any information or
software that contains a virus, worm, Trojan horse, or other harmful
or disruptive component;
Use the Site for any unlawful purposes; or
Modify, adapt, sublicense, translate, resell, retransmit, reverse
engineer, decompile or disassemble any portion of the Site.
4. Feedback
Because we host a Feedback function on the Site and therefore may
receive material from you, we need to obtain certain rights in those
materials. By sending or transmitting to us creative suggestions,
ideas, notes, concepts, information, or other materials
(collectively, "Materials"), or by posting such Materials to any
area of the Site, you grant us and our designees a worldwide,
non-exclusive, sublicensable (through multiple tiers), assignable,
royalty-free, perpetual, irrevocable right to use, reproduce,
distribute (through multiple tiers), create derivative works of, ,
publicly display, such Materials in any media now known or hereafter
developed, for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Materials.
5. Services
Your use of certain Services on the Site may be governed by
additional rules, which are available on the entry page for the
relevant Service or by hyperlink to other sites. By using any
Service you are acknowledging that you have reviewed all
corresponding rules and agree to be bound by them. Some of the
Services may have been provided by third parties for your use. You
expressly acknowledge and agree that your use of all Services is
solely at your risk.
6. Links to Other Websites
The Site may contain links to other websites or resources. We
neither control nor endorse such other websites, unless specifically
stated, nor have we reviewed or approved any content that appears on
such other websites. You acknowledge and agree that we shall not be
held responsible for the legality, accuracy, or inappropriate nature
of any content, advertising, products, services, or information
located on or through any other websites, nor for any loss or
damages caused or alleged to have been caused by the use of or
reliance on any such content.
7. Disclaimers
The Site, the materials on the site, and any Service obtained or
accessed through the site are provided "as is" and without
representations or warranties of any kind, either express or
implied. To the fullest extent permissible pursuant to applicable
law, BOC, its officers, directors, employees, affiliates, suppliers,
advertisers, and agents disclaim all warranties, express, implied or
statutory, including, but not limited to, implied warranties of
title, non-infringement, merchantability, and fitness for a
particular purpose, and all warranties relating to the adequacy,
accuracy or completeness of any information on the Site. Our policy
with respect to the use of your personal data is set out in the BOC
Group Personal Data Policy. Further information on our use of
personal data and your rights will be provided in conjunction with
any request we make for personal data.
You acknowledge that you are responsible for obtaining and
maintaining all telephone, computer hardware and other equipment
needed to access and use the Site, and all charges related thereto.
No opinion, advice, or statement of BOC, or its affiliates,
suppliers, agents, members, or visitors, whether made on the Site or
otherwise, shall create any warranty. You assume total
responsibility and risk for your use of the site and your reliance
thereon. If you are a consumer, however, your statutory rights are
not affected.
8. Ownership and Restrictions on Use
All material within the Site is the property of BOC and/or its
affiliates, suppliers, advertisers, or agents or sponsors. Except
for a single copy made for personal use only, you may not reprint,
republish, resell, or redistribute these materials in any form or
manner without the express written permission of the owner(s) of the
material. BOC does not warrant or represent that your use of
materials displayed on, or obtained through, the Site will not
infringe rights of third parties.
"The BOC Customer Portal " BOC and the BOC Logo are trademarks
and/or service marks of BOC and/or The BOC Group plc. All other
trademarks are trademarks or registered trademarks of their
respective owners. Nothing in this Agreement grants you any right to
use any trademark, service mark, logo, and/or trade name of BOC or
its affiliates, suppliers, advertisers, or agents or sponsors.
9. Limitation of Liability
Without limiting the foregoing, BOC expressly excludes any
liability for any of the following: (a) fraud by any user of the
Site or third party, including (but without limitation) any credit
card fraud perpetrated in connection with the purchase of Services;
(b) any misrepresentation by a third party (whether innocent or
fraudulent) made in respect of any Services; (c) any failure by BOC
to ensure that it does not breach any copyright or other
intellectual property right of any third party; (d) any link on the
Site to any other website or part of the Internet; and (e) loss or
damage caused by delay or errors in or the downtime of the Site (or
servers) or the Services, or resulting from interruption,
termination, or failed operation of the Internet or a third-party
telecommunication service, even if BOC has been advised of the
possibility of such loss or damage, PROVIDED that nothing in this
Agreement is intended to limit or exclude any liability on the part
of BOC where and to the extent that applicable law prohibits such
exclusion or limitation. In particular, if you are a consumer, YOUR
STATUTORY RIGHTS ARE NOT AFFECTED.
Neither BOC nor its affiliates, suppliers, advertisers, agents or
sponsors are responsible or liable for any indirect, incidental,
consequential, special, exemplary, punitive or other damages under
any contract, negligence, strict liability or other theory arising
out of or relating in any way to the site and/or content contained
on the Site. Your sole remedy for dissatisfaction with the Site (or
any, services and/or content contained within the Site) is to stop
using the Site.
Nothing in this Agreement: (a) limits BOC liability for death or
personal injury resulting from BOC's negligence; or (b) operates to
limit or exclude liability for any fraud or fraudulent
misrepresentation by either party.
10. General
10.1 Termination
This Agreement shall remain effective until
terminated in accordance with its term. BOC may terminate this
Agreement, and/or your access to and use of the Site or any portion
thereof, immediately, in the event we determine, in our sole
discretion, that you have breached this Agreement.
10.2 Jurisdiction
THOSE WHO CHOOSE TO ACCESS THE SITE DO SO ON
THEIR OWN INITIATIVE AND AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR
COMPLIANCE WITH LOCAL LAWS APPLICABLE TO THEM. We reserve the right
to limit the availability of the Site and/or the provision of any
Service described thereon to any person, geographic area, or
jurisdiction we so desire, at any time and in our sole discretion,
and to limit the quantities of any such Service that we provide.
This Agreement and all contractual and other relationships which
arise out of the Site and/or Services, are governed by the laws of
England. You submit to the non-exclusive jurisdiction of the English
courts in relation to disputes arising in connection with this
Agreement, the Site and/or Services.
10.3 Changes to the Site
BOC may at any time, without prior
notice (a) change or eliminate any component of the Site, and/or (b)
impose, remove, or change any fees or charges for use of the Site or
any feature, including any Service, thereof.
10.4 Miscellaneous
BOC shall be entitled to assign, transfer
or subcontract any or all of its rights, benefits or obligations
under this Agreement. If we exercise this right, we shall name the
assignee, transferee or subcontractor on the Site. You may not
without the written consent BOC assign or dispose of any or all of
your rights and obligations under this Agreement. If any provision
of this Agreement is held by any competent authority to be invalid
or unenforceable in whole or in part, this Agreement shall continue
to be valid as to the other provisions thereof and the remainder of
the affected provision. It is agreed that it is not intended that
any term of this Agreement shall be enforceable by any person who is
not a party to this Agreement BOC shall not be liable for any
failure to perform any of its obligations under this Agreement
caused by matters beyond its reasonable control.
Questions regarding this Agreement should be directed to sureserve@boc.com