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TERMS AND CONDITIONS

Updated October 6, 2016

Use of this website constitutes your agreement to be bound by these terms and conditions of use.  If you do not wish to be bound by these terms, you may not access or use this website.

1. Definitions

"The Website" or "Website" refers to www.bomaindy.org. "You," "User," or collectively "Users," refers to any party who accesses the Website. "BOMA Indianapolis" or “BOMA Indy” refers to Building Owners and Managers Association of Indianapolis, Inc. "Access" means viewing, using or otherwise obtaining information located on the Website. "Agreement" refers to these Terms of Use and any subsequent modification.

2. Scope of terms

This Website and all content and information provided therein (“BOMA Indianapolis Content”) may be used only under this Agreement made between BOMA Indianapolis and You.  User represents and warrants that it possesses the legal right and ability to enter into this Agreement and use the Website in accordance with this Agreement.

BOMA Indianapolis reserves the right to modify this Agreement at any time without notice to User.  User agrees to review this Agreement periodically to ensure awareness of any modifications. User's continued access or use of the Website after modifications have become effective shall be deemed conclusive acceptance of the modified terms.

BOMA Indianapolis has the exclusive right to control accessibility, hours of use, features on the Website, and any other information found on the Website. BOMA Indianapolis can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. BOMA Indianapolis reserves the right, but shall not be obligated, to monitor use of the Website.

User is solely responsible for providing the equipment related to accessing the Website, including but not limited to all computer, remote communications equipment, telephone, and other equipment.

3. License and limitations

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website and the BOMA Indianapolis Content, conditioned on Your continued acceptance of, and compliance with this Agreement.

·       Users may not do any of the following while using the Website:

·       Interfere with another user's use and enjoyment of the Website;

·       Upload any message, information, data, text, software, graphic files or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, sexually, ethnically or otherwise objectionable;

·       Upload Content that contains a virus, corrupted file, or other harmful component;

·       Impersonate any person or entity, including but not limited to BOMA Indianapolis personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name;

·       Intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another's use of the Website; or

·       Upload any Content that violates or infringes any patent, trademark, trade secret, copyright, privacy or any right, of whatever nature, of anyone.

If you violate any of the terms of this Section 3, your permission to use the Website automatically terminates.

4. Proprietary rights

The BOMA Indianapolis Content includes, without limitation:  (i) BOMA Indianapolis trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "BOMA Indianapolis Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, resources, software applications and tools, text, images, photographs, audio and video material, and artwork is the property of the BOMA Indianapolis, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the BOMA Indianapolis Content, including any such notices appearing on any BOMA Indianapolis Content You are permitted to download, transmit, display, print, use or reproduce from the BOMA Indianapolis Website.  Except as otherwise provided in this Section, you may not use any BOMA Indianapolis Marks.

5. Third party links and content

This Website contains links to other websites and third party content such as photos and media. Inclusion of any third party link or content does not imply an endorsement or recommendation by BOMA Indianapolis.  BOMA Indianapolis is not the publisher or speaker of any information on the Website that is provided by third-party content providers or by Users, and BOMA Indianapolis is not liable for any claims related to that information. Any mention on the Website of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by BOMA Indianapolis. BOMA Indianapolis assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the Website are solely between the User and the third parties, and are subject to any terms, conditions, warranties, or representations associated with those dealings.

6. Username and password

User may be required to select a username and password when accessing certain portions of the Website. BOMA Indianapolis may refuse to grant a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by BOMA Indianapolis sole discretion. User is solely and fully responsible for maintaining the confidentiality of his/her username and password, and is solely and fully responsible for all activities that occur under his/her username and password. User agrees to: (a) immediately notify BOMA Indianapolis of any unauthorized use of a username and password or any other breach of security and (b) ensure that User logs off at the end of each session. BOMA Indianapolis will not be liable for any loss or damage arising from User’s failure to comply with this Section 6.

7. Purchases.

Descriptions.  BOMA Indianapolis attempts to be as accurate as possible. However, BOMA Indianapolis does not warrant that service/product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. If a service/product offered by BOMA Indianapolis is not as described, your sole remedy is to return it in unused condition. Service/product prices and availability on the Website are subject to change without notice. Errors on the Website or any other communication from BOMA Indianapolis will be corrected when discovered, and BOMA Indianapolis reserves the right to revoke any offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your account has been charged. If your account has already been charged for the purchase and your order is cancelled, BOMA Indianapolis will issue a credit to your account in the amount of the charge.

Refund Policy.  Except as otherwise agreed by BOMA Indianapolis, no refunds will be issued for purchases made through the Website.

Pricing and Sales Tax Policy. Prices and offers are subject to change. The Website collects and remits sales tax as required by United States law.

Paying for Your Online Order. You may pay for your orders with BOMA Indianapolis using a Visa, MasterCard or American Express account. You can place your orders through the shopping cart on the Website. After you place an order, we will check the information you give us for validity, by verifying your method of payment or shipping address. BOMA Indianapolis does not retain any credit card information on the Website or otherwise.  BOMA Indianapolis only uses your credit card information to process the transaction you have requested.  We reserve the right to reject any order you place with us, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Shipping Policy. All orders placed on this Website are subject to product availability and will be shipped according to the shipping rate listed on the product details pages. BOMA Indianapolis is only able to ship to the contiguous United States.

8. Privacy Policy

Please review our Privacy Policy by clicking here to understand our practices relating to the collection and use of your personal information.

9. Disclaimer and limitation of liability

Although BOMA Indianapolis has attempted to provide accurate information on the Website, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions in that information. USER ACCESSES THIS WEBSITE AT HIS OR HER OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING, TRADE OR PERFORMANCE, ARE SPECIFICALLY DISCLAIMED. NEITHER BOMA Indianapolis NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL BOMA Indianapolis OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY COMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES, AND THE USER’S BROWSER OR OTHER WEBSITE ACCESSING PROGRAM.

THE PROVISIONS IN THIS SECTION ARE APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF BOMA Indianapolis, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF, USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. USER AGREES THAT BOMA Indianapolis IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS WEBSITE.

USER AGREES NOT TO SEEK TO HOLD BOMA Indianapolis OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS OR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITE.

10. Indemnification

User understands and agrees that he or she is personally responsible for his or her behavior on this Website. User agrees to indemnify, defend, and hold harmless BOMA Indianapolis, its directors, officers, employees, agents, and assigns from and against all losses, expenses, damages, costs (including, but not limited to, direct, incidental, consequential, exemplary, punitive, and direct damages), reasonable attorneys' fees, resulting from or arising out of the User's use, misuse, or inability to use the Website or any violation by the User of this Agreement.

11. Termination of Agreement

Either BOMA Indianapolis or User may terminate this Agreement at its discretion. In addition to BOMA Indianapolis ‘other rights, BOMA Indianapolis may terminate access to this Website or cancel membership to any service that BOMA Indianapolis provides on the Website if User breaches this Agreement in any way or engages in conduct that BOMA Indianapolis deems inappropriate. In the event of termination of this Agreement, the provisions found in Sections 4, 5, 9, 10, 11 and 12 shall survive.

12. Governing laws

The Website is based in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

This Agreement will be governed by the internal laws of the State of Illinois, without regard to its choice of law provisions. You agree that any action arising out of or relating to this Agreement may be brought only in a court of competent jurisdiction in Illinois, and you hereby consent to the jurisdiction, venue and convenience of such courts.

13. Miscellaneous

This Agreement constitutes the entire agreement between BOMA Indianapolis and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between BOMA Indianapolis and User dealing with the subject matter hereof is superseded.

Upon User's breach of this Agreement, BOMA Indianapolis may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages as well as injunctive relief. BOMA Indianapolis’ remedies are cumulative and not exclusive. Failure of BOMA Indianapolis to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

User agrees that, regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.


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