Terms and Conditions

AGREEMENT TO OUT LEGAL TERMS We are BMS DEVICES LLC (“Company”, “we”, “us”, “our”). We operate the website http://www.bmsdevices.com (the “site”), as well as any other related products and services that refer or link to these terms (the “Legal Terms”) (collectively, the “services”). You can contact us by email at bmsdevices@gmail.com . These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of any entity (“you”), and BMS DEVICES LLC, concerning your access to and use of the services. You agree that by accessing the services, you have read , understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the servies from time to time or hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms and waive any right to receive specific notice of each such change. It is your responsibility to periodicallyreview these legal terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the services after the date such revised Legal Terms are posted. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission of, and be directly supervised by, their parents or guardians to use the Services. If you are a minor, you must have your parents or guardian read and agree to these Legal Terms prior to your using the services. We recommend that you print a copy of these Legal Terms for your records. TABLE OF CONTENTS 1.OUR SERVICES 2.INTELLECTUAL PROPERLY RIGHTS 3.PRODUCTS 4.PURCHASE AND PAYMENT 5.RETURN POLICY 6.PROHIBITED ACTIVITY 7.PRIVACY POLICY 8.TERM AND TERMINATION 9.MODIFICATIONS AND INTERRUPTIONS 10.DISCLAIMER 11.LIMITATION OF LIABILITY 12.CONTACT US 1.OUR SERVICES The information provided when using the services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such a distribution or use would be contrary to law or regulation or which would subject us to any registration requirements within such jurisdiction or country. Accordingly, those persons who choose to access the services from other locations do so their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The services are not tailored to comply with industry-specific regulations (Health Insurance, Portability and Accountability Act (HIPAA), Federal information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the services. You may not use the services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). 2.INTELLECTUAL PROPERTY RIGHTS Our Intellectual Property We are the owner or the license of all intellectual property right in our services, including all source code, database, functionality, software, website design, audio, video, text, photographs and graphics in the service (collectively, the “content”), as well as the trademarks, service marks, and logos contain there in (the “marks”). Our content and marks are protected by copyright and trademarks laws (various others intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The content and Marks are provided in or through the services “AS IS” for your internal business purpose only. Your use of Our Services Subject to your compliance with these legal terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferrable, revocable license to: Access the services; and Download or print a copy if any portion of the content to which you have properly gained access. Solely for your internal business purpose.Except as set out in this section or elsewhere in our Legal Terms, no part of the services and no content or marks may be copied , reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever; without our express prior written permission. If you wish to make any use of the services, content, our Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: bmsdevices@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our services or content, you must identify us as the Owners or Licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our contents. We reserve all rights not expressly granted to you in and to the Services, Content and Marks. Any breach of this Intellectual Property Rights will constitute a material breach of our Legal Terms and your rights to use our services will terminate immediately. Your Submissions Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. Submission: By directly sending us any questions, comments, suggestions, ideas, feedback, or other information’s about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own this submissions and be entitled to its unrestricted use and dissemination for any Lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You are responsible for what you post or upload: By sending us submissions through any part of the services you: Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send , publish, upload, or transmit through the services any submissions that is illegal, harassing, hateful, harmful, defamatory, obscene, bulling, abusive, discriminatory , threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; To the extent permissible by applicable Law, waive any all moral rights to any such submission; Warrant that any such submission are original to you or that you have necessary rights and license to submit such a submission and that you have full authority to grant us the above mentioned in rights in relation to your submissions; and Warrant and represent that your submissions do not constitute confidential information. You are solely responsible for your submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. 3.PRODUCTS We make every effort to display as accurately as possible the colors, features, specifications, and details of the product available on the services. However, we do not guarantee that the colors, features, specifications, and details of the product will be accurate, complete, reliable, current, or free of other errors, or your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. 4.PURCHASES AND PAYMENT We accept the following forms of payment: Visa Mastercard American Express Discover You agree to provide current, complete, and accurate purchase any account information for all purchases made via the services. You future agree to promptly update the account and payment information including e-mail address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed require by us. We may change prices at any time. All payments shall be in US Dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees and you authorize us to charge your chosen payment provided for any such payments upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services. We may, in our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use that same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 5.RETURN POLICY All sales are final, and no refund will be issued. 6.PROHIBITED ACTIVITIES You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that specifically endorsed or approved by us. As a user of the Services, you agree not to: Systematically retrieve data or other content from the Services or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Make improper use of our support services or submit false reports. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Attempt to impersonate another user or person or use the username of another user. Sell or otherwise transfer your profile. Use any information obtained from the Site in order to harass, abuse, or harm another person. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Delete the copyright or other proprietary rights notice from any content. Copy or adapt the Site’s software, including but not limited to flash, php, html, JavaScript, or other code. Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use the Site in a manner inconsistent with any applicable laws or regulations. 7.Privacy Policy We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into this User Agreement. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 8.TERM AND TERMINATION This User Agreement shall remain in full force and effect while you use the Site. Without limiting any other provision of the User Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in the User Agreement or of any applicable law or regulation. We may terminate your use or participation in the Site or delete [your account and] any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 9.MODIFICATIONS AND INTERRUPTIONS We reserve the right, but not the obligation, to: Monitor the Site for violations of the User Agreement. Take appropriate legal action against anyone who, in our sole discretion, violates the law or the User Agreement, including without limitation, reporting such user to law enforcement authorities. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. We further reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in this User Agreement will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. 10.Limitation Of Liability IN NO EVENT WILL BE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMEGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. 11.DISCLAIMER THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU GARRE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT AND MATERIAL (2)PERSONAL INJURY OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN., (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THOUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. 12.CONTACT US In order to resolve a complaint regarding the Services or to receive further information regarding use of the services, please contact us at: BMS DEVICES LLC bmsdevices@gmail.com