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Use of Website Information
You may download, view, copy, and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information from this website in whole or in part without the express written authorization of BMI Health-Check.
Use of Software
Any use of software and accompanying documentation you download from the Site is subject to a software license agreement between you and BMI Health-Check. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title, and interest not expressly granted are reserved.
Use of Forums and Public Communication
“Forum” means a discussion group, chat area, bulletin board, news group, letter to BMI Health-Check, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish, or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, “junk mail,” “spam”, or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by BMI Health-Check, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing, or otherwise transmitting content to any Forum or submitting any content to BMI Health-Check, you automatically grant (or warrant that the owner of such rights has expressly granted) BMI Health-Check a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, and distribute such content on or in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. BMI Health-Check does not want you to, and you should not, send any confidential or proprietary information to BMI Health-Check via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to BMI Health-Check will not be considered confidential or proprietary. BMI Health-Check shall be free to use any ideas, concepts, know-how or techniques contained in any content submitted by you to BMI Health-Check or posted on any Forum for any purpose whatsoever, including but not limited to developing, manufacturing, marketing, and distributing products and/or services.
Third Party Website, Content, Products and Services
The Site may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Site. You agree that BMI Health-Check is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that BMI Health-Check is not responsible for third party content accessible through the Site, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that BMI Health-Check is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that BMI Health-Check is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Termination of Use
You agree that BMI Health-Check may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by BMI Health-Check.
BMI Health-Check may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. BMI Health-Check may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION ALL INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSS), THE ENTIRE LIABILITY OF BMI Health-Check AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS LICENSE AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY BMI Health-Check WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
International Users and Choice of Law
This Site is controlled, operated and administered by BMI Health-Check from its offices within the Netherlands. BMI Health-Check makes no representation that materials at this site are appropriate or available for use at other locations outside of the Netherlands and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the Netherlands you are responsible for compliance with all local laws.
Use of this Site or any information or materials made available by BMI Health-Check through this website is governed by the laws of the Netherlands. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Enschede, the Netherlands. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Any rights not expressly granted herein are reserved. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
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