Effective Date: March 1, 2021
As used in this Agreement, the words “you” and “your” refer to any person accessing the BST Website. The words “we,” “us,” and “our” refer to BST.
BST may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement (you can tell by the Effective Date above when these terms were last modified). Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.
If you have any questions about this Agreement, please contact us at email@example.com
LICENSE TO USE WEBSITE
BST makes available the information and materials on the Website, including but not limited to summaries, descriptions, publications, white papers, agendas, newsletters and any other such materials appearing on the Website (the “Materials”) as is, for general informational purposes only.
No client relationship is made by visiting the Website or interacting therewith. A client relationship can only be made per separate agreement with BST.
The Materials are not intended to constitute, and DO NOT constitute, financial, tax, investment or business advice. Those accessing the Materials should not act upon them without first seeking legal, financial, tax or other relevant counsel, as these Materials are general in nature, and may not apply to particular factual or legal circumstances. As such, the Materials should not be used as a substitute for consultation with a professional advisor. Materials are not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on taxpayers. Please consult a professional advisor should you have questions regarding legal, financial, tax or other such issues. Neither BST, nor its affiliates, employees, agents, officers or directors will be responsible for any financial, legal, tax, business or other decisions you may make.
Circular 230 Disclosure : Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this Website, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
Please send all information pertaining to your business or issues facing it directly to your advisor. Do not send or submit any confidential or client related information to the Website, through any links or other communication tools contained thereon, except through the Client Portal area of the Website or the Secure File Transfer Site. You understand that use of the Client Portal is subject to additional Client Portal Terms, and if you are authorized to utilize the Client Portal, you represent that you have read and agree to such terms. In accordance with the Client Portal Terms, BST will take reasonable steps to ensure that the Client Portal and the Secure File Transfer exchange tools are secure, but we cannot guarantee the security of such transmission tools or of the security of information held by trusted third parties.
Any price quotation, service information, employment benefits information or any other such information regarding the provision and fees for any service offered by BST or the benefits of employment by BST are provided purely for informational and illustrative purposes. BST does not guarantee, and makes no warranty, promise, or agreement that any depicted or described service or benefit is actually offered or comports with its depiction or description on the Website. BST reserves the right to cease offering any such services or benefits to prospective or current employees or clients at any time, in all cases without notice or liability.
This Website may contain typographical errors or inaccuracies, and may not be complete or current. BST therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
AVAILABILITY OF SERVICE
While BST makes reasonable efforts to ensure that the Website is available at all times, BST does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and BST does not guarantee that users will be able to access or use all or any of the Website features at all times.
Further, BST reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website or any part thereof, including but not limited to the Client Portal, without notice to you. BST may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability. You agree that BST shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials.
BST is under no obligation to maintain the Website or any information, Content, Submissions, Materials (as defined hereunder), or other matters that you submit, post or make available to the Website, or are otherwise available on the Website. BST reserves the right to withhold, remove and/or discard any such material on the Website or available or placed by you thereon, with or without notice at any time.
RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. In addition, your use of the Website is conditioned on your compliance with the following rules of conduct as well as all other terms of the Agreement.
You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any employment applicant, BST client or an authorized representative of a BST client, government representative, BST employee, agent, or representative; or expressing or implying that BST endorses any statement you make.
You also may not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website or the Materials. Further, you may not interfere with or disrupt the operation of the Website or the Materials, including restricting or inhibiting any other person from using the Website or the Materials by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful or unauthorized code is prohibited.
Moreover, you may not interfere with or violate any other Website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about BST employees or other individuals identified on the Website, without their express written consent. Disregarding these instructions may subject you to criminal and civil penalties.
You may not access any non-public areas of the Website, including but not limited to employee areas and client areas, unless you are granted explicit permission to access such areas by BST. You may not share any password or access to any area of the Website granted to you by BST with any other person.
You must keep your user password and any other information needed to log-in to the Client Portal confidential and secure. BST is not responsible for any unauthorized access to your account or profile by other Website visitors and any ramifications of such access, and may take no action to disable any account until given explicit notice by you. Under confirmed unauthorized use circumstances, BST may take reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation. In the event that you would like to report a breach, please contact firstname.lastname@example.org with “Account Breach Notice” in the subject line.
You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Materials, including BST’s or any other party’s intellectual property thereon, without our prior express written authorization.
To the extent that you may access or download any software that is made available through BST from the Website (“Software”), such Software is the copyrighted work of BST and/or its various third party licensors. Your use of the Software may be governed by the terms of an additional end user license agreement which may accompany or be included with the Software. You may not install or use any Software that is accompanied by or includes such an end user license agreement unless You first agree to the terms of such agreement. Any warranty applicable to the Software may be specified in the terms of the License Agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult BST before accessing any programs.
LINKS TO OTHER WEBSITES
CONTENT SUBMITTED OR MADE AVAILABLE TO BST
Other than materials submitted through the Client Portal, by submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to BST, through feedback, email message, or in any other manner not designated as confidential, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) BST is not under any obligation of confidentiality relating to the Submissions, either express or implied; (c) BST shall be entitled to use or disclose the Submissions in any way, manner, purpose or otherwise, worldwide; (d) BST may have under consideration or development similar ideas to the Submissions; and (e) you are not entitled to any compensation or reimbursement of any kind from BST in exchange for the Submissions.
Further, BST may access and use the Website and any information stored thereon, including the contents of any Submissions, for any lawful purpose. Further, we may disclose the contents of any Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.
BST INTELLECTUAL PROPERTY RIGHTS
The trademarks, service marks, logos and any designs used or displayed on the Website specific to BST are trademarks and/or service marks owned by BST. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of BST is strictly prohibited.
Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
In the event that you believe any material appearing on the BST Website infringes rights you own, please contact BST immediately.
The Website may also contain samples of BST’s programs for informational purposes. These programs cannot be used for any commercial purpose without BST’s express written consent. Moreover, certain technology and programs may be subject to intellectual property rights, and any unauthorized use is strictly prohibited.
BST can be reached by directing communications to: email@example.com
ENFORCEMENT OF THE AGREEMENT
BST may investigate any reported, alleged or suspected violation of this Agreement, and take any action that BST, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL BST, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE OR THE CLIENT PORTAL. BST DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, BST DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY BST TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE, SECURE OR EFFECTIVE. FURTHER, NEITHER BST, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE AND ANY SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.
Without limiting the foregoing, everything on the Website is provided to you “AS IS” and BST SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE.
You agree to defend, indemnify and hold harmless BST, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:
• Your activities in connection with the Website;
• Any violation of this Agreement by you;
• Any improper or unauthorized use of the Materials by you;
• Any allegation that anything you transmitted or attempted to transmit, including but not limited to any Material or Submission you submit, post, or otherwise make available, through or in connection with the Website, including but not limited to the Client Portal, infringes or otherwise violates the intellectual property, privacy or other rights of any third party; and
• Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website, software appearing thereon, or the Materials or information which appears on the Website.
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information. The Website is controlled and operated by BST from New Jersey. As such, any dispute arising under or related to the Agreement or your use of the Website shall be resolved exclusively by New Jersey state or federal courts, applying New Jersey law, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
Although the Website may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.
LINKS TO OTHER WEBSITES
POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that BST discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child’s Personally Identifiable Information in accordance with the Children’s Online Privacy Protection Act of 1998.
Please see the Federal Trade Commission’s website for more information: http://www.ftc.gov.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
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