BMCI CORPORATION

TERMS OF USE

Last Revised 20 April 2012

 

These Terms OF USE (THIS “AGREEMENT”) shall constitute the entire agreement between you and BMCI CORPORATION (“BMCI”) concerning your use of the Service. By using the Service, you agree to and accept this Agreement, including the specific limitations set forth in Sections 2, 5, 8, and 10.1.  you MAY USE THE SERVICE ONLY IN ACCORDANCE WITH THIS AGREEMENT. IF you DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, you SHALL NOT BE ENTITLED TO USE THE SERVICE.

 

1. DEFINITIONS.

 

1.1    The terms “you” or “your” refer to the person or legal entity registering through the Service.

 

1.2    The term “Service” means the Website including BMCI HorseShowOffice.com™ online registration service located on the Website which allows you to register for certain horse show events sponsored, organized, and operated by a Show Organizer.

 

1.3    The term “Show Organizer” means third-party horse show sponsors, organizers, and operators.

 

1.4    The term “Website” means the BMCI website located at HorseShowOffice.com and related websites.

 

2. USE OF THE SERVICE. You agree to use the Service only for lawful registration of horse show events, or otherwise intended. You shall not: (1) misrepresent any information in your registration or otherwise; (2) restrict or inhibit use of the Service by others; (3) upload or otherwise transmit files that contain a virus or corrupted data; or (4) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service.

 

You understand and acknowledge that you are responsible for whatever you submit to the Service and you, not BMCI, have full responsibility for it, including its legality and reliability. By uploading or otherwise transmitting information or other material to the Service, you warrant that the information and material is accurate. You grant to BMCI and the Show Organizer the right to use all information or other material uploaded or otherwise transmitted to the Service in any manner BMCI or the Show Organizer determine to be necessary to properly process your entry. This includes, but is not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, or incorporating it into other material.

 

BMCI may change, suspend, or discontinue the Services at any time, including the availability of any feature, or content. BMCI reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

 

3. ONLINE REGISTRATIONS AND PAYMENTS. All registrations and payments made through the Service are governed by this Agreement and any other terms specified on the Website as applicable to such registrations or payments. All confirmed registrations and payments are final once payment is submitted. BMCI does not issue refunds. Any event sponsored or operated by a Show Organizer is not the responsibility of BMCI and you agree to hold BMCI and its agents harmless from any liability or injury arising from or related to your participation in any such event or your payment for such event. Show Organizers have provided some of the information included in the Service and BMCI neither verifies, certifies, nor is responsible for the accuracy or completeness thereof.

 

4. OWNERSHIP. All right, title, and interest in the Service and in any ideas, know-how, code, derivative works or intellectual property associated therewith, including without limitation any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on the Service, by you shall at all times remain solely and exclusively the property of BMCI.

 

5. DEALINGS WITH EVENT SPONSORS AND OTHER THIRD PARTIES. If you choose to register for an event or engage in transactions with any Event Sponsor or other third parties through the Service, you acknowledge and agree that BMCI is not a party to, and will not be responsible for, your interaction with such individual or business, including such party’s treatment of your information and the terms and conditions applicable to any transaction between you and such party. The terms of your interaction with such party are solely between you and such party. You agree that BMCI will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction on the Service.

 

6. EVENT SPONSOR AND THIRD-PARTY INFOMRATION. BMCI does not assume any liability for Event Sponsor or Third-Party materials or information provided on, or available through, the Service (the “Third-Party Content”). Any of the Third-Party Content may include technical, accuracy, or typographical errors. Reliance on such Third-Party Content is solely at your own risk. BMCI disclaims any liability for injury or damages resulting from the use thereof.

 

7. THE SERVICE IS DISTRIBUTED “AS IS” WITHOUT ANY WARRANTIES, WHETHER WRITTEN, ORAL, STATUTORY, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BMCI SPECIFICALLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This waiver of warranty affects your specific legal rights; you may have rights which may vary depending upon where you are located. Some jurisdictions do not allow limitations on implied warranties, so the limitations above may not apply to you.

 

8. SUPPORT. BMCI provides limited customer support. Contact information for BMCI’s support staff can be found on its website located at http://www.horseshowoffice.com/contact.asp.

 

BMCI has no obligation to provide professional Service upgrades, modifications, or new releases to the Service under this Agreement. BMCI may voluntarily provide some or all of these items; should BMCI do so, any such action shall not be considered a waiver of this provision.

 

9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BMCI (AND ITS LICENSORS OR SUPPLIERS) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SERVICE, HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER SUCH DAMAGES ARE CLAIMED IN TORT, CONTRACT OR OTHER ACTION, EVEN IF BMCI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BMCI’S LIABILITY FOR ANY CLAIM WHATSOEVER HEREUNDER (OR ASSOCIATED HEREWITH) EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the limitations above may not apply to you.

 

10. GENERAL.

 

10.1 Miscellaneous. Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed, construed and enforced in all respects by the laws of the State of Michigan, excluding its choice of law/conflict of law provisions, and shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. Unless BMCI elects (in its sole option) to proceed in your local jurisdiction, the jurisdiction and venue of any arbitration, litigation or other dispute resolution method between the parties (which arises out of or relates to this Agreement) shall be exclusively in Oakland County, Michigan; you expressly submit and consent to such exclusive jurisdiction and venue. Other than BMCI’s right to seek injunctive relief, any claim or dispute arising out of or relating to this Agreement shall be decided by confidential binding arbitration before a single arbitrator. The parties shall equally split the arbitrator’s fees. You agree to comply with all applicable laws, domestic or foreign. If any provision of this Agreement is for any reason and/or to any extent determined to be unenforceable under applicable law, the remaining provisions of this Agreement shall remain in full force and effect. The failure of either party to object to or act with respect to any conduct of the other party that is in violation of the terms of this Agreement shall not be construed as a waiver thereof.

 

10.2 Providing Notice. Should you wish to or be required to notify BMCI under this Agreement, use the contact information provided on the BMCI website located at http://www.horseshowoffice.com.