Terms of Use

 

Welcome to the Bobst In-Touch website (“Site”) owned and operated by Bobst North America Inc. and its affiliates (“BNA”). Your access and use of the Site is subject to the following terms of use (“Terms of Use”), which may be updated by BNA from time to time without notice to you, and all applicable laws. By accessing any areas of the Site, you accept, without limitation or qualification, the Terms of Use and other policies and guidelines identified throughout the Site. BNA may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use by which you are bound.

 

I.  ONLINE CONDUCT

 

You agree to use the Site only for lawful purposes.  You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Site.

 

If BNA is notified of any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Site (collectively “Content”) provided by you that is allegedly infringing, defamatory, damaging, illegal, or offensive, BNA may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site.  BNA may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of BNA and its officers, directors, employees, agents, and third-party content providers and any other you of the Site.

 

You further agree not to use the Site to:

 

  1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  2. upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  3. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  4. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  5. interfere with or disrupt the Site or servers or network connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
  6. collect or store personal data about other users.

 

You acknowledge, consent and agree that BNA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BNA, the Site users and the public.

 

You understand that the technical processing and transmission of your Content may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by BNA. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

 

II. PRIVACY POLICY

 

BNA respects the privacy of your use of the Site.  The terms and conditions of BNA’s Privacy Policy, which can be found at https://cssusa.bobstgroup.com/css/privacyterms/privacy_index.htm are incorporated herein by reference.

 

III. TRADEMARKS

 

The trademarks, logos and service marks displayed on the Site are registered and unregistered trademarks and are used by BNA in agreement with the trademark owners (the “Trademarks”). Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owners. Your misuse of any Trademark, or any Content on the Site is strictly prohibited. You are also advised that BNA will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.  Without limiting the foregoing, no BNA Trademark or trade dress may be used in connection with any product or service that is not BNA’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits BNA.

 

IV. CONTENT

 

a. Proprietary Rights

You acknowledge that the Site contains Content and any necessary software used in connection with the Site that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.  If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.  Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.  In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

 

b. Distribution/Uploading Of Third-Party Content

Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Except as set forth in paragraph a. above, You may upload to or otherwise distribute on Site only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web.  Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.”  The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.  You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any Site areas, you automatically grants, or warrant that the owner of such Content has expressly granted BNA, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content.  You also permit any other user to access, store, or reproduce the Content for that user’s personal use.  Subject to this grant, the owner of Content placed on the Site retains any and all rights which may exist in such Content.

 

c. Third-Party Content

Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other user, are those of the respective authors or distributors and not of BNA or its affiliates or any of their officers, directors, employees, or agents. BNA does not guarantee the accuracy, completeness, or usefulness of any such Content, nor its merchantability or fitness for any particular purpose. BNA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than BNA.  Under no circumstances shall BNA, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Site.  It is the responsibility of you to evaluate the information, opinion, advice, or other Content available through the Site. You agree to indemnify and hold BNA and its affiliates, officers, directors, employees or agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

 

d. Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States.  This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals.  You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national destination in violation of such laws.

 

V. AGE OF SITE USERS AND REGISTRATION OBLIGATIONS

 

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Unites States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BNA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BNA has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

VI. TERMINATION OF USAGE

 

You agree that BNA may, under certain circumstances and without prior notice, immediately terminate your BNA account, any associated e-mail address and access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your BNA account includes (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Site. Further, you agree that all terminations for cause shall be made in BNA’s sole discretion and that BNA shall not be liable to you or any third-party for any termination of your account, any associated e-mail address, or access to the Site.

 

VII. PASSWORD SECURITY

 

You will receive a password and account designation upon completing the Site’s registration process. You are responsible for keeping your Site account password confidential and are fully responsible for all activities that occur under your password or account. You agree to immediately notify BNA of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. BNA cannot and will not be held liable for any loss or damage arising from your failure to comply with this section VII.

 

VIII. DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED BY BNA ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

WITHOUT LIMITING THE FOREGOING, BNA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, IT’S SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF BNA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BNA.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

IX. LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL BNA BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BNA’S RECORDS, PROGRAMS, OR SERVICES. 

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BNA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

 

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

X. WAIVER AND SEVERABILITY

 

The failure of BNA to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The provisions of these Terms of Use are intended to be severable.  If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

XI. APPLICABLE LAW; JURISDICTION

 

The laws of New Jersey will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

 

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of New Jersey and of the United States of America located in the State of New Jersey for any litigation arising out of or relating to use of or purchase made through the Site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New Jersey Courts and agrees not to plead or claim in any New Jersey Court that such litigation brought therein has been brought in an inconvenient forum.

 

XII. BINDING ARBITRATION

 

Any controversy or claim arising out of or relating to these Terms of Use (including any breach thereof), the Site, any Content or any items purchased from the Site shall be settled by confidential arbitration in New Jersey administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party.  The foregoing shall not preclude BNA from seeking any injunctive relief in State or Federal courts located in the State of New Jersey for protection of BNA’s intellectual  property rights and you consent to exclusive jurisdiction and venue in such courts.

 

XIII. ACKNOWLEDGMENT

 

These Terms of Use, including all documents referenced herein, represent the entire understanding between you and BNA regarding your relationship with BNA and supersedes any prior statements or representations.  You will also be subject to additional terms and conditions, posted elsewhere on the Site, which will apply when you purchase merchandise via the Site.

 

XIV. MODIFICATIONS TO SITE

 

BNA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that BNA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. BNA further reserves the right to make changes to posted policies and these Terms of Use at any time without notice.

 

XV. NO RESALE OF SITE

 

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

 

XVI. LINKS

 

The Site may provide links to other World Wide Web sites or resources. Because BNA has no control over such sites and resources, you acknowledge and agree that BNA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BNA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

XVII. NO THIRD PARTY BENEFICIARIES

 

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to this Agreement.

 

XVIII. NOTICE

 

BNA may provide you with notices, including those regarding changes to these Terms of Use, by mail, regular mail, or postings on the Site.