These Terms govern your use of the Platform. Please read them carefully as they impose legal obligations on you and us. By accessing and using our Platform, you acknowledge and agree to be legally bound by these Terms. For certain Services, we may further confirm your consent by asking you to click an “I accept” or similar button. If you do not agree with these Terms, please refrain from using our Platform.
Based on your agreement to comply with these Terms, we grant you the right to access and use all publicly available areas of our Website, Website Content, and Services in order to: (i) learn more about us and our services; (ii) provide information to us through our Website; (iii) download and print pages on our Website; and (iv) access Services available through the Website (the “General Permitted Purposes”). We strictly prohibit use of the Website, Website Content, and Services for any purpose other than the General Permitted Purposes.
All information, articles, resources, software, artwork, trademarks, text, video, audio, pictures, logos, and other content on the Platform, including all associated intellectual property rights (“Website Content”), are the property of BIP and its licensors and are protected by U.S. and international copyright and other intellectual property laws. BIP and its licensors retain all rights except those expressly granted to you. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the Website Content unless specifically authorized in writing. The term “Website Content” expressly excludes Submitted Content.
“Submitted Content” means information you submit to our Website or otherwise make available to us, including feedback, comments, and suggestions; questions or comments; images and audiovisual files; and any other information or materials you provide or post.
Grant of Rights. By providing Submitted Content, and subject to your rights in Personal Information set out in our Privacy Policy, you authorize us — and third parties we permit — to copy, modify, display, distribute, perform, use, and otherwise exercise applicable rights in the Submitted Content without compensation to you and for as long as we deem warranted.
Requisite Permission. You represent and warrant that you own the Submitted Content (including any intellectual property rights) or have obtained sufficient authority to grant these rights.
Personal Information. If Submitted Content includes Personal Information, we will treat it in accordance with our Privacy Policy.
Right to Decline. We reserve the right to refuse to use, disable, or remove Submitted Content for any reason, including if we conclude it violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Website.
By using our Website, you agree to comply with these Terms and to follow our code of conduct. You shall not:
We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.
Our Website may contain links or references to other websites. We have no control over these sites or their content and do not assume responsibility for any content, opinions, or material available on them, nor do we warrant that a third-party site will be free of harmful code. If you link to any third-party site through the Platform, you do so at your own risk. We encourage you to review any third-party website's terms of use and privacy policy.
BIP DOES NOT PROMISE THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR WITHOUT INACCURACIES. THE SITES, WEBSITE CONTENT, AND SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK.
BIP DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM; AND (iii) ANY RESPONSIBILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM.
UNDER NO CIRCUMSTANCES — INCLUDING BREACH OF CONTRACT, TORT, OR NEGLIGENCE — WILL BIP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR RELATE TO, YOUR USE OF THE PLATFORM. IN NO EVENT SHALL BIP'S AGGREGATE LIABILITY TO YOU EXCEED U.S. $100.00.
You agree to defend, indemnify, and hold BIP and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms, including any claim that Submitted Content or other material you provide violates the rights of a third party or applicable law.
You agree that we have the right and discretion to monitor any activity and content associated with our Platform. We may investigate any reported violation of these Terms or complaints, and may take any action we believe appropriate, including removing materials and terminating or suspending your access.
If we modify these Terms, such modifications shall take effect proactively upon your subsequent access to the Platform. You may print out a copy of these Terms for your records.
These Terms shall not be assignable by you, in whole or in part. We reserve the right to assign our rights and obligations under these Terms for any reason and in our sole discretion.
These Terms shall be governed by the laws of Massachusetts, without giving effect to its conflicts-of-law provisions. Both parties submit to the personal jurisdiction and venue of the state and federal courts sitting in Massachusetts. If any provision is held invalid or unenforceable, it shall be struck and the remaining provisions enforced. Headings are for reference only. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches.
In the event you have any right, claim, or action against other visitors or users of our Platform arising out of their use of the Platform, you will pursue such right, claim, or action independently of, and without recourse to, us.
These Terms may be translated into languages other than English. Any communications sent by us to you shall be in English. Dispute-resolution procedures shall be conducted in English, and the English version of these Terms shall control over any translation.
In addition to any right or obligation that by its nature is intended to survive, the following provisions survive termination or expiration and apply indefinitely: BIP Ownership; Reservation of Rights; Submitted Content; Warranty Disclaimer; Limitation of Liability; Indemnity; General; and Survival.
If you would like to contact us, mail to: PO Box 12100, 7 Avenue de Lafayette, Boston, MA 02110.
Certain portions of the Website and Services may be subject to additional or different terms and conditions. We will notify you if those portions are subject to differing terms, and you will have the opportunity to decline to participate if you do not agree.
These Terms of Use must be read in conjunction with our Privacy Policy, whose provisions are incorporated herein. To the extent the Terms conflict with the Privacy Policy, the Privacy Policy controls. Except as expressly stated otherwise, these Terms apply only to your use of our Platform, and together with the Privacy Policy set forth the entire agreement between you and us with respect to the subject matter hereof.
The effective date of these Terms of Use is October 1, 2022.
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