Terms of Use
Updated on June 28, 2021
Overview and Legal Compliance
Welcome to Business Solution Technologies and thank you for visiting our website located at https://bstusa.com/ (the “Site”). The Site is comprised of various web pages owned and operated by Business Solution Technologies, Inc. (“Business Solution Technologies”, “We”, “Us” or “Our”). Your use of the Site is conditioned upon the acceptance (without modification) of the terms and conditions stated herein (the “Terms of Use”). The Terms of Use govern Your use of the Site and apply to all Internet traffic visiting the Site (“Users”, “You” or “Your”). BEFORE USING THE SITE, PLEASE READ THE TERMS OF USE CAREFULLY AS YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.
The following agreement describes the terms on which We permit use of the Site.
Changes to these Terms of Use
We may amend these Terms of Use at any time, with or without prior notice, and all amendments are effective immediately upon their posting to or on the Site. You are responsible for regularly reviewing these Terms of Use for any amendments or updates. Your continued use of the Site following the posting of any changes to these Terms of Use indicates Your acceptance of any revisions. These Terms of Use may not be amended in any other manner, or by any other person or entity other than Business Solution Technologies.
Privacy
Your use of Site is subject to Our Privacy Policy. Please review Our Privacy Policy, which informs Users about Our data collection, data use, data sharing and data retention practices.
No unlawful or prohibited use of Site and/or Intellectual Property
You are granted a non-exclusive, non-transferable, term-limited and revocable right to access and use the Site solely for Your own personal, non-commercial use and strictly in accordance with the Terms of Use. As a condition of Your use of the Site, You represent and warrant to Business Solution Technologies that You will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use or any applicable rule, regulation or law. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or interfere with another party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Any software, trademarks, logos, service marks, trade names, text, photographs, graphics and other marks, works, inventions, designs or content that are used on or in connection with the Site and/or Business Solution Technologies’ services (collectively, “content”) and all intellectual property rights related thereto (the “Intellectual Property”) are the property of Business Solution Technologies and/or its agents, contractors, affiliates or third-party licensors and are protected by copyright and other intellectual property laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in or on any content and will not make any changes thereto. Running or displaying the Site or any information, material or content displayed on the Site in frames, via “inline” linking or through similar means on another website without Our prior written permission is prohibited.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any content or Intellectual Property, in whole or in part, found on the Site. Business Solution Technologies’ content and Intellectual Property may not be licensed or resold to third parties. Your use of the Site does not entitle You to make any unauthorized use of any content or Intellectual Property, and in particular You will not delete or alter any proprietary rights or attribution notices in any content or Intellectual Property. You agree that You do not have any ownership rights in any content or Intellectual Property by reason of Your use of the Site or otherwise. We do not grant You any licenses, express or implied, in and to the Intellectual Property or content of Business Solution Technologies or Our agents, contractors, affiliates or third-party licensors.
You shall not challenge, or assist or encourage others to challenge, even in the event of a dispute with Us, the ownership, status as a trade secret, copyrightability, enforceability or validity of Business Solution Technologies’ (and/or its agents’, contractors’, affiliates’ or third-party licensors’) trademark, copyright or other non-patent rights in or to the content or Intellectual Property, and You shall not attempt to register, file, or claim, any, patent, trademark, copyright or other rights in any jurisdiction anywhere in the world which are similar to, infringe upon, dilute, or unfairly compete with, the content or Intellectual Property.
Ideas & Feedback
You acknowledge and agree that any unsolicited ideas, suggestions, proposals, feedback, or any other materials submitted to Business Solution Technologies via the Site or otherwise (“Ideas & Feedback”) are non-confidential and non-proprietary. Any communication by You to Business Solution Technologies is subject to the Terms of Use, and Business Solution Technologies can freely use and disseminate Ideas & Feedback for any purpose whatsoever without acknowledgment or compensation to You. Business Solution Technologies shall not be liable for the disclosure or use of any Ideas & Feedback. You acknowledge and grant to Business Solution Technologies a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to freely incorporate, use, modify, publish, display and exploit such Ideas & Feedback for any purpose of Business Solution Technologies, commercial or otherwise, including but not limited to incorporating Ideas & Feedback in future products or services, without notice or compensation to You and without further recourse by You.
Communications
The Site provides Users with information on how to contact Business Solution Technologies via phone, email or mail for more information about Our services or to apply for open positions. When You request information from, or send emails to, to Business Solution Technologies, You consent to receive communications (electronic or otherwise) from Business Solution Technologies. You agree that all notices, disclosures or other communications that We provide to You electronically or otherwise satisfy any legal requirement that such communications be in writing. If You no longer wish to receive communications from Business Solution Technologies, please let Us know in writing at the address below.
Business Solution Technologies
1188 Bishop Street, Suite 1801
Honolulu, Hawaii 96813
Links to Third Party Sites/Third Party Services
The Site may contain links to other sites on the Internet that are owned and operated by third parties (the “External Sites“). Even if the third-party is affiliated with Business Solution Technologies, Business Solution Technologies has no control over the External Sites (or the content thereon), all of which have separate privacy policies, data collection practices and terms and conditions independent of Business Solution Technologies. Business Solution Technologies has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions of, or the content on, such External Sites. These linked External Sites are only for Your convenience and therefore You access them at Your own risk. Links do not imply that Business Solution Technologies sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
Children
We believe that it is extremely important to protect children’s personal information. As a result, We never collect or retain information from those We actually know are under the age of thirteen, and the Site is not designed to attract any users under the age of thirteen. By using the Site, You represent and warrant that You are at least thirteen years of age or older. If You are under the age of thirteen You may not use the Site or provide any information Business Solution Technologies in any manner, including through the Site. If You are between the ages of thirteen and eighteen, You may only use the Site with parental consent.
No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between You and Us by these Terms of Use.
Disclaimer
THE SITE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE QUALITY, PERFORMANCE, OR FUNCTIONALITY OF THE SITE, REGARDING THE QUALITY OR ACCURACY OF ANY INFORMATION AVAILABLE ON THE SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE SITE WILL BE VIRUS-FREE. WE FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MECHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Liability Limit
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OR SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY AND IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO US DURING THE NINETY (90) DAYS IMMEDIATELY PRIOR TO DAMAGE OR (ii) ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR THE SERVICES PROVIDED THEREBY. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnity
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD BUSINESS SOLUTION TECHNOLOGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, LICENSEES, AFFILIATES, DISTRIBUTORS, RESELLERS, ATTORNEYS AND MARKETING REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS (COLLECTIVELY, THE “CLAIMS”) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE OR BREACH OF THESE TERMS OF USE. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR OF THE SITE OR THE SERVICES PROVIDED THEREBY.
Force Majeure
We will not be liable in any amount for failure to perform, or delay in performing, any obligations, hereunder if such delay or failure is caused by any events beyond Our control including, without limitation, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, pandemics, epidemics, fire, flood, earthquake, force of nature, explosions, embargo, or any other Act of God, unavailability, errors or other failures on the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.
Entire Agreement
These Terms of Use constitute the sole agreement between Us and You regarding the subject matter contained herein and fully supersede any and all other understandings or agreements, whether oral or written. You acknowledge and agree that You have read and understand these Terms of Use and agree to be bound by them.
Survival
All provisions of these Terms of Use which specifically state that they shall survive expiration or termination hereof, or which by their nature should survive the expiration or termination hereof, will remain in effect after expiration or termination.
Legal Actions
These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of Hawaii without regard to conflicts of law principles. The courts of the State of Hawaii and the United States District Court for the District of Hawaii, and no other courts, shall have exclusive original jurisdiction over any dispute relating to these Terms of Use, and You hereby irrevocably consents to such jurisdiction.
Severability
If any provision of these Terms of Use is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.
No Waiver
Our to enforce any provision of these Terms of Use shall not be construed a waiver of any rights under such provision or any other provision of the Terms of Use. We may only make such waiver by an express writing.
No Assignment
Any rights or obligations granted to You hereunder may not be assigned or transferred to any other person or entity.