1.1. Inforuptcy LLC, a California Limited Liability Company, provides certain online services through this www.bkalerts.com website ("Services"). If you use or access any of the Services, in whole or in part, you agree to these terms and our related policies incorporated herein by reference (hereafter referred to as “Agreement” or “Terms of Service” as the context so requires). References to "us" or "we" or "BKalerts" means Inforuptcy, LLC.
1.2. We reserve the right, at our sole discretion,to update, modify or remove portions of these Terms of Service. You are responsible to check the Terms of Service periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes. Your use of the Services shall at all times comply with the Terms of Service and any of our related policies.
2.1. Subject to the Terms of Service, we grant you a limited, personal, non-transferable, and non-exclusive right to use the Services. Nothing in this Agreement grants or transfers to you any ownership rights in the Service, including the software and other intellectual property rights related to the Service.
2.2. So long as you are not in violation of this Agreement or any of our related policies and you meet the eligibility criteria set forth herein, we allow you to access the Services as it may exist and be available on any given day. You represent and warrant that, you:
2.3. BKalerts reserves the right in its sole discretion to refuse, prevent or restrict your access to Services at any time for any reason or for no reason. BKalerts reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws or these Terms of Service. Our right to remove inappropriate content shall not place an obligation on BKalerts to monitor or exert editorial control over the website or our Services.
2.4. You acknowledge and agree that the form, nature, features, offerings and pricing of the Services which BKalerts provides may change from time to time without prior notice to you (except in the case of pricing, if you are subject to a separate pricing plan with BKalerts any changes to pricing will be in accordance therewith). All of these changes shall be effective upon their posting on our site or by email communication to you.
Following are examples of what we consider to be inappropriate and thus prohibited uses or actions regarding the Services. These are only examples for your guidance, and not an exhaustive list. If you are unsure whether any contemplated use or action is permitted, please contact us.
3.1. Reproduce, duplicate, copy, modify, create derivative works from, publicly display, distribute, sell, trade or resell any content or Services obtained from or provided by BKalerts, unless you have been specifically permitted to do so in a separate agreement with BKalerts;
3.2. Access (or attempt to access) any of the Services by any means other than through the interface that we provide. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts, robots, web crawlers, spiders, scrapers or other automated means) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services or shall not bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites;
3.3. engage in any activity that interferes with or disrupts (in our sole discretion) the Services or the servers and networks which are connected to the Services;
3.4. Use the Services to sell any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered;
3.5. Use the Services for any commercial purpose other than as authorized by BKalerts;
3.6. Use the Services to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;
3.7. Use the Services to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;
3.8. Use the Services to post any content that holds BKalerts (including its affiliates), employees or shareholders up to public scorn or ridicule or would in any way damage or impair BKalerts’s reputation or goodwill;
3.9. Use the Services to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
3.10. Fail to obtain all required permissions when using the Services to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
3.11. Delete or alter author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
3.12. Use the Services in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or
3.13. Introduce viruses, worms, Trojan horses, or other harmful code on the Internet.
In accessing or using the Services, you MUST do the following:
4.1. Keep Accurate Information: In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give us will always be accurate, correct and up to date.
4.2. Use Only as Permitted: You agree to use the Services only for purposes that are permitted by (a) the Terms of Service, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3. Accept Responsibility: You agree that you are solely responsible for, and that we have no responsibility to you or to any third party for: 1) any breach of your obligations under the Terms of Service 2) any content that you create, transmit or display while using the Services, and 3) any consequences arising from 1 or 2, including any loss or damage which BKalerts may suffer.
5.1. When you create an account to access the Services, you must provide accurate and complete information. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple personal accounts. Additionally, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor). If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5.2. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
5.3. You also agree to not use other users’ accounts and to not let others use your account, or do anything else that might jeopardize the security of your account. You will not transfer your account to anyone without first getting our written permission. Accordingly, you agree that you will be solely responsible to BKalerts for all activities that occur under your account. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for any losses we or others may suffer due to such unauthorized use. You acknowledge that you provide your personal information at your own risk.
5.4. By registering an account or providing us your email address via other contact or support channels, you consent to BKalerts communicating with you by email, including without limitation, to provide you notice of any security breach in lieu of other written notification. We may also use your email address to send you other messages, including changes to Service features and special offers for our BKalerts.com website. If you do not want to receive such email messages, you may opt out at any time.
5.5. By providing BKalerts your email address you also consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
5.6. You acknowledge and agree that BKalerts may disable access to your account for any reason BKalerts in its sole discretion determines appropriate (such as security breach, violation of this Agreement, failure to pay as required, etc.); and that you may be prevented from accessing the Services, your account details or any files or other content which is contained in or related to your account. BKalerts has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
5.7. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide 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 this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BKalerts, its users and the public.
5.8. If you are the administrator of a corporate account, you agree to be responsible for managing the membership and billing arrangements of the corporate account. You and solely you are responsible for granting or terminating access to the corporate account by others, and acknowledge that granting access allows for the sharing of data downloaded or uploaded by others within the corporate account. You agree to not grant access to anyone outside of your organization. You agree to promptly terminate access of anyone who is no longer part of your law firm (or organization for non-lawyers). You agree that in no event will BKalerts be liable in any way for actions taken by those to whom you have granted access. Unless special payment arrangements have been made with us, you agree to maintain a working means of payment for you firm’s needs. In addition, you agree to monitor your firm's usage via the credit details page provided for your administrator account. You are financially responsible for all individual accounts associated with your organizations corporate account.
6.1. You acknowledge and agree that BKalerts owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by BKalerts and that you shall not disclose such information without BKalerts’s prior written consent. Unless you have agreed otherwise in writing with BKalerts, nothing in this Agreement gives you a right to use any of BKalerts’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
6.2. The contents of any of our web sites and web pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by BKalerts and contain BKalerts’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring the Services. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. You are not allowed to link to us without permission, and we have absolutely no responsibility to you for any other party’s site hyperlinked to us. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in BKalerts and all related items.
6.3. Notwithstanding the foregoing, our rights herein shall not be construed to prevent you from republishing or using for your own benefit any Downloaded Data
7.1. You may use certain features of the Services to upload or provide text, pictures, video, graphics, sounds, music, audiovisual combinations, software, scripts, and other materials (hereafter referred to as “User Content”). In addition, you or BKalerts may provide links to third party web sites and content (hereafter referred to as “Third Party Content”). User Content and Third Party Content are collectively referred to hereafter as “Non-BKalerts Content”).
7.2. BKalerts does not monitor, and typically will not have any control over, any Non-BKalerts Content or third party websites, and you will likely be subject to separate terms and conditions regarding Non-BKalerts Content. BKalerts does not endorse or adopt any Non-BKalerts Content or third party website and can make no guarantee as to its accuracy or completeness. BKalerts does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Non-BKalerts Content or third party websites. You use Non-BKalerts Content and third party websites at your own risk. You acknowledge and agree that BKalerts is not responsible for the availability of any Non-BKalerts Content and third party sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that BKalerts is not liable for any loss or damage which may be incurred by you as a result of the availability of Non-BKalerts Content and third party sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from Non-BKalerts Content and third party sites or resources.
7.3. You agree that User Content is not confidential, and BKalerts shall have the right to publish and republish in any form or media any User Content you post to BKalerts. BKalerts may block or delete User Content at its sole discretion. When posting content, you must comply with applicable law and refrain from violating third party rights.
7.4. You agree that we may place advertising on the Services. Some of the advertising may be from BKalerts, and some may be from a third party. The manner, mode and extent of advertising found in the Services are subject to change without specific notice to you. Furthermore, your business dealings or correspondence with, or participation in promotions of, advertisers other than BKalerts, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. BKalerts is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Non-BKalerts advertisers in the Services.
7.5. Furthermore, by submitting, posting or displaying User Content, you give BKalerts a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any part or all of the User Content which you submit, post or display on or through the Services. You confirm and warrant to BKalerts that you have all the rights, power and authority necessary to grant the above license.
8.1. These Terms of Service will continue to apply until terminated by either you or BKalerts as set out below. If you want to terminate this Agreement, you may do so by (a) notifying BKalerts at any time and (b) closing your accounts for all of the Services which you use, where BKalerts has made this option available to you.
8.2. Notwithstanding any of these Terms of Service, BKalerts reserves the right to, without notice, terminate your license to use the Services, and to block or prevent your access to the Services, if BKalerts determines in its sole discretion that, any one or more of the following apply:
8.3. Termination may be with or without notice; if BKalerts provides any notice at its discretion, then you will be notified either by email or at the next time you attempt to access your account.
8.4. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to BKalerts, for which monetary damages would be inadequate, and you consent to BKalerts obtaining any injunctive or equitable relief that BKalerts deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BKalerts may have at law or in equity.
9.1. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
9.2. BKalerts’s designated Copyright Agent to receive notifications of claimed infringement is DMCAgent@bkalerts.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BKalerts customer service through www.inforuptcy.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8(D), your DMCA notice may not be valid.
9.3. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, BKalerts may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BKalerts’s sole discretion.
10.1. THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. BKalerts EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. BKalerts DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. BKalerts DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BKalerts OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. YOU SHOULD NOT USE THE SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. BKalerts DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. BKalerts IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
10.2. IN NO EVENT SHALL BKalerts BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF BKalerts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF BKalerts TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO BKalerts IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY. TO THE EXTENT ALLOWED IN YOUR JURISDICTION, YOU AND BKalerts AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Your sole right and exclusive remedy for breach of this Agreement by BKalerts or if you are dissatisfied for any reason with the Services is to discontinue use of the Services and terminate this Agreement as provided in this Agreement.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BKalerts, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
13.1. Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BKalerts without restriction.
13.2. Jurisdiction: This Agreement and your relationship with BKalerts hereunder, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and BKalerts agree to submit to the exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any legal matter arising from the Services or this Agreement. Notwithstanding this, you agree that BKalerts shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
13.3. Entire Agreement: These Terms of Service, together with our other related policies and any other legal notices published by BKalerts on the Service, shall constitute the entire agreement between you and BKalerts concerning the Services.
13.4. Headings: Any headings used in this Agreement are for convenience only and shall not be used in interpreting any provision herein.
13.5. Severability: If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
13.6. No Waiver: No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BKalerts’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.