Terms and Conditions
1.1 In order to access certain services in the Marketplace, you may be required to provide third parties information about yourself such as your name, address, and billing details. It is your responsibility to ensure that any such information you provide is accurate, correct and up to date.
1.2 You may only use the Marketplace for purposes that are permitted by (a) the Use of Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the jurisdiction where you use the Market or as noted in Section 8.6 below.
1.3 You must not access (or attempt to access) the Marketplace by any means other than through the interface that is provided by BHG, unless you have been specifically allowed to do so in a separate agreement with BHG. For example, you must not access (or attempt to access) the Marketplace through any automated means (including use of scripts, crawlers, or similar technologies) and you must ensure that you comply with the instructions set out in any robots.txt file present on the Marketplace website.
1.4 You must not engage in any activity that interferes with or disrupts the Marketplace (or the servers and networks which are connected to the Marketplace). You must not use any of the Products found on the Marketplace in a way that interferes or disrupts any servers, networks, or websites operated by BHG or any third-party.
1.5 Unless you have been specifically permitted to do so in a separate agreement with BHG, you must not reproduce, duplicate, copy, sell, trade or resell the Marketplace for any purpose. You must not reproduce, duplicate, copy, sell, trade or resell any Product or Offer from the Marketplace for any purpose, unless you have been specifically permitted to do so in a separate agreement with the developer of such Product.
1.6 You are solely responsible for your use of the Marketplace and any Products/Offers, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which BHG may suffer) of any such breach.
1.7 If you use the Marketplace or Products/Offers obtained through the Marketplace for business purposes, you agree to comply with any and all applicable tax laws, including but not limited to the reporting and payment of any taxes arising in connection with your use of the Marketplace or the purchase of Products/Offers from third parties not affiliated with BHG. The reporting and payment of any such applicable taxes are your responsibility.
1.8 BHG or third parties own all right, title and interest in and to the Marketplace and the Products/Offers available through the Marketplace, including without limitation all applicable Intellectual Property Rights in the Products. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You must not (and must not allow any third party to): (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products/Offers, unless otherwise permitted under applicable law, (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Products, (c) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (d) remove, obscure, or alter BHG's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Products.
1.9 BHG reserves the right (but shall have no obligation) to review, flag, filter, modify, refuse or remove any or all Products/Offers from the Marketplace. However, by using the Marketplace you may be exposed to Products/Offers that you may find offensive, indecent or objectionable. You use the Marketplace at your own risk.
1.10 Chargeback and Billing Disputes: BHG is not responsible for billing disputes arising from purchases made for Products/Offers available through the Marketplace. If you are required to pay a fee for any Product/Offer made available through the Marketplace, this fee is paid directly to the developer of the Product/Offer, and the developer is a third party that is not affiliated with BHG. All billing issues should be directed to the developer in question, the payment processor, or your credit card company as appropriate.
2.2 Some components of Products/Offers may also be governed by applicable open source software licenses. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with BHG for the use of any components of Products that are governed by open source software licenses.
Products/Offers available on the Marketplace may be subject to export controls by the United States or other countries or territories, including restrictions on destinations, end users, and end use. In using the Marketplace, you must comply with all applicable U.S. and international export laws and regulations, including, but not limited to, the United States Department of Commerce's Export Administration Regulations and sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control. You must also comply with all local laws and regulations regarding the download, installation or use of the Products. By using the Marketplace, you specifically represent and warrant that you are not prohibited from receiving exports or services under US or other applicable export laws.
If you use the Marketplace or Products/Offers available through the Marketplace on behalf of a business, that business will hold harmless and indemnify BHG and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Marketplace or Products or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
5.1 These Terms will continue to apply until terminated by either you or BHG as set out below.
5.2 If you want to terminate these Terms, you may do so by ceasing your use of the Marketplace and all Products/Offers obtained through the Marketplace.
5.3 BHG may at any time, terminate these Terms with you if: (a) you have materially breached any provision of these Terms; or (b) BHG is required to do so by law; or (c) BHG decides to no longer provide the Marketplace.
5.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and BHG have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected. The provisions of Section 8.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
6.1 YOUR USE OF THE MARKETPLACE AND ANY PRODUCTS OR OFFERS OBTAINED THROUGH THE MARKETPLACE IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY STATED, BHG PROVIDES THE MARKETPLACE AND PRODUCTS “AS IS” AND “AS AVAILABLE.” BHG DOES NOT MAKE OR IMPLY ANY WARRANTIES OR COMMITMENTS ABOUT THE MARKETPLACE AND THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE SPECIFIC FUNCTIONALITY AVAILABLE THROUGH THE MARKETPLACE OR THE PRODUCTS, THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEED
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, BHG EXCLUDES ALL WARRANTIES.
6.2 YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE MARKETPLACE OR ANY PRODUCTS OBTAINED THROUGH THE MARKETPLACE.
6.3 NONE OF THE PRODUCTS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
7.1 TO THE EXTENT PERMITTED BY LAW, BHG, AND ITS SUBSIDIARIES AND AFFILIATES, WILL NOT BE RESPONSIBLE FOR: LOST PROFITS OR REVENUES, LOSS OF DATA, FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
7.2 TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BHG, AND ITS SUBSIDIARIES AND AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
7.3 IN ALL CASES, BHG, AND ITS SUBSIDIARIES AND AFFILIATES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
7.4 WE RECOGNIZE THAT IN SOME COUNTRIES, YOU MIGHT HAVE LEGAL RIGHTS AS A CONSUMER. IF YOU ARE USING THE MARKETPLACE OR PRODUCTS FOR A PERSONAL PURPOSE, THEN NOTHING IN THESE TERMS LIMITS ANY CONSUMER LEGAL RIGHTS WHICH MAY NOT BE WAIVED BY CONTRACT.
8.1 BHG intends to rely only upon these Terms in relation to your use of the Marketplace or Products/Offers.
8.2 If you do not comply with these Terms, and BHG does not take action right away, this does not mean that BHG is giving up any rights that it may have (such as taking action in the future).
8.3 If any of these Terms (or part of a Term) are invalid, the rest of the Terms will remain in effect.
8.4 You acknowledge and agree that each member of the group of companies of which BHG is the parent shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms.
8.5 BHG is allowed at any time either to assign or subcontract all or part of its role under these Terms to one or more BHG entities. Where BHG has assigned or subcontracted all or part of our role, BHG shall be responsible for any breach of these Terms by the relevant assignee or subcontractor.
8.6 a. If you use the Marketplace or Products/Offers available through the Marketplace for business purposes: These Terms and your relationship with BHG under these Terms shall be governed by the laws of the State of New York, U.S.A., without regard to its conflict of laws provisions. You and BHG agree to submit to the exclusive jurisdiction of the courts located within the county of Onondaga, New York, U.S.A., to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that BHG shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.