BOSTON BLUEFIN INC. - TERMS
(March 1, 2023)
These terms are subject to
change and are applicable to those products and services for which they apply.
Posted terms represent most current version and are applicable as of an inquiry
date.
The below Terms and Conditions
constitute an Agreement ("Agreement") between User ("User",
"you", "your") and Boston Bluefin Inc. ("Boston
Bluefin", "BBI").
Welcome to www.Boston
Bluefininc.com. This website is comprised of various web pages operated by BBI
(the "Sites"). The Sites are offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein (the "Terms"). Your use of the Sites constitutes your
agreement to all such Terms. For clarification, where available, all services,
features, functionalities and/or products provided by or purchased from BBI are
hereafter referred to as the Service ("Service"). Please read these
Terms carefully, and keep a copy of them for your reference.
1. Privacy
Your use of the Sites is
subject to BBI's Privacy Policy. Click here to view our Privacy Policy, which also governs the
Sites and informs users of our data collection practices.
2. Electronic Communications
Visiting the Sites, and using
Sites' links to schedule meetings, e-mail or submit forms to BBI constitutes
electronic communications. You consent to receive electronic communications and
you agree that all proposals, agreements, notices, disclosures and other
communications that we provide to you electronically, via email, on the Sites
or third party applications, satisfy any legal requirement that such
communications be in writing.
3. Your Account
If you establish a user account
on any of the Sites, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. You may not assign or otherwise transfer your account to any other
person or entity. You acknowledge that BBI is not responsible for third party
access to your account that results from theft or misappropriation of your
account. BBI and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
4. Children Under Thirteen
BBI does not knowingly collect,
either online or offline, personal information from persons under the age of
thirteen. If you are under thirteen, you may use the Sites only with permission
of a parent or legal guardian.
5. Links to Third Party
Sites/Third Party Services
The Sites may contain links to
other websites ("Linked Sites"). The Linked Sites are not under the
control of BBI and BBI is not responsible for the contents of any Linked Sites,
including without limitation any link contained within Linked Sites, or any
changes or updates to Linked Sites. BBI is providing these links to you only as
a convenience, and the inclusion of any link does not imply endorsement by BBI
of the site or any association with its operators.
Certain services made available
via the Sites and are delivered by third party sites and organizations. By
using any product, service or functionality originating from the Sites, you
hereby acknowledge and consent that BBI may share such information and data
with any third party with whom BBI has a contractual relationship to provide
the requested product, service or functionality on behalf of the Sites' users
and customers.
6. No Unlawful or Prohibited
Use
You are granted a
non-exclusive, non-transferable, revocable license to access and use the Sites
strictly in accordance with these terms of use. As a condition of your use of
the Sites, you warrant to BBI that you will not use the Sites for any purpose
that is unlawful or prohibited by these Terms. You may not use the Sites in any
manner which could damage, disable, overburden, or impair the Sites or
interfere with any other party's use and enjoyment of the Sites.
You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Sites.
All content included as part of
the Service, such as text, graphics, logos, images, as well as the compilation
thereof, and any software used on the Sites, is the property of BBI or its
suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
You will not modify, publish,
transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in
part, found on the Sites. BBI content is not for resale. Your use of the Sites
does not entitle you to make any unauthorized use of any protected content, and
in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the
express written permission of BBI and the copyright owner. You agree that you
do not acquire any ownership rights in any protected content. We do not grant
you any licenses, express or implied, to the intellectual property of BBI or
our licensors except as expressly authorized by these Terms.
7. International Users
The Service is controlled,
operated and administered by BBI from our offices within the USA. If you access
the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the BBI Content accessed
through the Sites in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
8. Indemnification-Site Use
You agree to indemnify, defend
and hold harmless BBI, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
Sites or Service, any user postings made by you, your violation of any Terms of
this Agreement or your violation of any rights of a third party, or your
violation of any applicable laws, rules or regulations. BBI reserves the right,
at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully
cooperate with BBI in asserting any available defenses.
9. Indemnification-Service
You understand the nature of BBI
Service is for consultative purposes only and you agree to indemnify BBI, its
employees, agents, and representatives from any losses, liabilities, and
damages of any and every kind that may result from a Service implementation,
contract or vendor engagement for which a BBI product, service or program was
associated. Additionally, while performing Service, BBI may refer You to
outside vendor(s) to engage independently. You agree to indemnify BBI, its
employees, agents, and representatives from any losses, liabilities, and
damages of any and every kind that may be caused by any outside vendor You
choose to engage directly regardless of existence of BBI referral.
10. Arbitration
In the event the parties are
not able to resolve any dispute between them arising out of or concerning these
Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such
dispute shall be resolved only by final and binding arbitration pursuant to the
Federal Arbitration Act, conducted by a single neutral arbitrator and
administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the
parties. The arbitrator's award shall be final, and judgment may be entered
upon it in any court having jurisdiction. In the event that any legal or
equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its
costs and reasonable attorney's fees. The parties agree to arbitrate all
disputes and claims in regards to these Terms and Conditions or any disputes
arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
11. Class Action Waiver
Any arbitration under these
Terms and Conditions will take place on an individual basis; class arbitrations
and class/representative/collective actions are not permitted. THE PARTIES
AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you
and BBI agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
12. Liability Disclaimer
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE INCLUDED IN OR AVAILABLE THROUGH
THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOSTON BLUEFIN AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
BOSTON BLUEFIN AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICE AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. BOSTON BLUEFIN. AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON- INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL BOSTON BLUEFIN AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOSTON
BLUEFIN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITES.
13. Intellectual Property
We retain all ownership and
copyright interest in and to any and all intellectual property, computer
programs, related documentation, technology, know-how and processes developed
by us and provided in connection with this Agreement (collectively, the
"Our Intellectual Property"), and we grant you a non-exclusive
license to use Our Intellectual Property for the limited purpose of performing
under this Agreement. You acknowledge that the non-exclusive license granted
herein is limited to your own use exclusively and that you do not have the
right to sub-license or resell any of Our Intellectual Property in either its
original or modified form. You shall not give any third party access to Our
Intellectual Property without our prior written consent. Your obligations under
this Section 13 shall survive the termination of this Agreement or three (3)
years following last Service, whichever comes first.
14. Governing Law
This Agreement shall be
construed in accordance with the laws of the Commonwealth of
Massachusetts.
15. Termination/Access
Restriction
BBI reserves
the right, in its sole discretion, to terminate your access to the Sites and
any related Service or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this Agreement is governed by the laws of the
Commonwealth of Massachusetts and you hereby consent to the exclusive
jurisdiction and venue of courts in Massachusetts in all disputes arising out
of or relating to the use of the Site. Use of the Sites is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
BBI as a result of this Agreement or use of the Sites. BBI's performance of
this Agreement is subject to existing laws and legal process, and nothing
contained in this Agreement is in derogation of BBI' right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Site or information provided to or gathered by BBI with respect
to such use. If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified
herein, this Agreement constitutes the entire Agreement between the user and BBI
with respect to the Sites and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and BBI with respect to the Sites. A printed version of this Agreement and
of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this Agreement and all related documents be written in
English.
16. Travel Policy
Local bookings are free of
charge. The definition of local booking is any appointment location within 20
miles (40 miles round trip) of BBI operating offices located in Boston, MA
02210.
BBI reserves the right, in its
sole discretion, to change the Terms under which the Sites are offered. The
most current version of the Terms will supersede all previous versions. BBI
encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
If you have any questions or
comments regarding these Terms, you can contact BBI at:
Boston Bluefin Inc.
8 Seafood Way, Unit 1B
Boston, MA 02210
Email Address: info@bostonbluefininc.com