Updated on 4/3/2014

 

Overview and Legal Compliance

The owner(s) of bstusa.com (the “Web Site”) and its subsidiaries and affiliates (“Business Solution Technologies”, “We”, “Us” or “Our”) created this Terms and Conditions of Use Agreement (the “Terms of Use”) to clarify how visitors to Our home page located at bstusa.com may use this Site.

The following agreement describes the terms on which We permit use of the Web Site. These Terms of Use govern all use of the Web Site and apply to all Internet traffic visiting the Web Site (called “Users” or “You”). Before using the Web Site, please read all of these Terms of Use carefully as Your use of the Web Site constitutes Your acceptance of these Terms of Use. If You do not agree to these terms, You may not use the Web Site.

We may amend these Terms of Use at any time. Except as stated below, all amended terms are effective automatically when they are posted on the Web Site. You should check the Web Site frequently for changes to these Terms of Use. These Terms of Use may not be amended in any other way except in writing signed by You and Us.

This policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond Our control. You agree not to use the Web Site in any manner contrary to applicable law or government regulation.

Unauthorized Use of the Site

Illegal and/or unauthorized use of the Web Site, including but not limited to, unauthorized framing of or linking to the Web Site, or any part of the Web Site, or unauthorized use of any devise or program on the Web Site, will be investigated and We will take appropriate legal action, including but not limited to, civil, criminal, and/or injunctive redress.

Permitted Use of the Site

You agree that You are only authorized to visit, view and to retain a copy of pages of this Site for Your own personal use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than Your personal use, unless otherwise specifically authorized by Us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by US to do so. The content and software on this Site is the property of the Site owner(s), and/or its suppliers and is protected by state, federal, and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove these notices and credits, or any additional information contained along with notices and credits.

Copyright Information

All content appearing on this Web Site is the copyrighted property of the Site owner(s) unless otherwise noted. Reproduction or storage of materials retrieved from this Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. You may not use, distribute, reproduce, publish, transmit, transfer, sell, create derivative works from, or in any way exploit the content, except for personal, noncommercial use, provided that You maintain all copyright and other notices contained in the content.

BST prohibits downloading, republication, retransmission, reproduction or other use of the Licensed Material from Getty images as a stand-alone file.

Trademarks/Service Mark Information

Any trademarks or service marks appearing on this Web Site are the property of their respective owners.

No Agency

You and the Site owner(s) are Independent Contractors and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms of Use.

Disclaimer

THE WEB SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING THE QUALITY, PERFORMANCE, OR FUNCTIONALITY OF THE WEB SITE OR REGARDING THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE WEB SITE OR THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE Site OWNER(S) MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. THE Site OWNER(S) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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, THE Site OWNER(S) LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Liability Limit

UNDER NO CIRCUMSTANCES WILL THE Site OWNER(S) 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 THE Site OWNER(S) HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE Site OWNER(S) SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OR SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY AND IN NO EVENT SHALL THE Site OWNER(S)’ LIABILITY TO YOU EXCEED THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO THE Site OWNER(S) 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 BY YOU OR THE Site OWNER(S) MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, THE Site OWNER(S)’ 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 THE Site OWNER(S), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, LICENSEES, AFFILIATES, DISTRIBUTORS, RESELLERS 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 TO YOUR BREACH OF ANY OF THESE TERMS OF USE OR USE BY YOU OF THE WEB SITE, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM THE Site OWNER(S)’ OWN NEGLIGENCE. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY.

Entire Agreement

These Terms of Use constitute the sole agreement between the Site Owner(s) 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.

Force Majeure

the Site Owner(s) 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, 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.

Legal Actions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Hawaii.
Severability

If any provision of these Terms of Use as such may exist or may hereafter be amended, 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

Any failure of the Site Owner(s) 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. The Site Owner(s) 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.