Your firm’s primary principal and/or other principals approved to do so may establish access to BD Financial Services Group, LLC applications to other users, such as administrators that will consequently have access to contributing to the content used by the application to meet its objectives.
Your firm retains full responsibility for the activity of all established Users of the application(s) and hereby waives from any and all damage created by firm Users. It is advised that the firm’s Primary Principal establish only Users that can be trusted to maintain the integrity of the firm’s potentially sensitive information that is entered into BD Financial Services Group, LLC developed application(s); the firm should have and maintain policies regarding the dissemination of passwords to non-authorized Users. BD Financial Services Group, LLC cannot control the dissemination of User passwords and had no responsibility or liability for damage created to the content, or the protection of privacy of content, caused by failure of the authorized Users from enforcing firm policies related to password protection and inputting or deleting information entered into application(s).
Additional information about communications can be found in our Privacy Policy.
Promotional Code discounts are offered by the Company for use on the application for which it is specified. The Company may discontinue issuing Promotional Codes at any time. Promotional Codes issued will be honored through the date noted with the distribution of the Promotional Code, or, if not noted, the Promotional Code will expire 18 months from the date of issuance, whichever if the first to occur. Promotional Codes are single-use and cannot be shared or used more than once. Receivers of Promotional Codes are not permitted to redistribute, and any such distribution shall be unauthorized and violate the Terms of Service of use of any application. Promotional Codes shall not be posted in any public media, including any electronic websites or emails. Only the Company or its licensees my distribute Promotional Codes via email. The Company may stop issuing Promotional Codes at any time. In the event that a licensee of the Company issues a Promotional Code, any such Promotional Code shall be issued under the terms noted with delivery of the Promotional Code or shall expire upon the expiration of 18 months from issuance, whichever is first to occur. Promotional Code discounts are applied to the total price and applied only with payment of the Final Invoice. Promotional Codes shall not be applied to Retainer Invoices.
Referral Code discounts are offered by the Company for use on the application for which it is specified. The Company may discontinue issuing Referral Codes at any time. Referral Codes issued will be honored through the date noted with the distribution of the Referral Code, or, if not noted, the Referral Code will expire 18 months from the date of issuance, whichever if the first to occur. Referral Codes are single-use and cannot be shared or used more than once. Where indicated, Referral Codes can be combined, and the new applicable discount shall be applied to the lowest discounted price; Referral Codes shall not be applied to the total price before discounts, nor shall they be applied to the total retainer amount. Where multiple Referral Codes are used, the discount shall be applied to the then lowest discounted price. Receivers of Referral Codes are not permitted to redistribute any Referral Codes, and any such distribution shall be unauthorized and violate the Terms of Service of use of any application. Referral Codes shall not be posted in any public media, including any electronic websites or emails. Only the Company or its licensees my distribute Referral Codes via email. The Company may stop issuing Referral Codes at any time. In the event that a licensee of the Company issues a Referral Code, any such Referral Code shall be issued under the terms noted with delivery of the Referral Code or shall expire upon the expiration of 18 months from issuance, whichever is first to occur. Referral Code discounts are NOT to the total price and applied only on the final amount due after all other discounts.
When and if the Company is required by law to provide certain written notices or disclosures such shall be provided in electronic form and your continued use of any application shall be deemed your affirmative consent to use of electronic signature and acceptance and/or acknowledgement of any disclosed information.
Please read the information below carefully and thoroughly.
At any time, you may request from us a paper copy of any notice or disclosure and such form shall be made available to you upon request therefore for a fee of $20.00 per form, or $20.00 per disclosure or notice provided. You may request delivery of paper copies of any disclosures or notices from us by following the procedure described below.
If you decide not to receive notices or disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive each or all required notices or disclosures only in paper format. However, in order to do so, you must inform us of your decision, and it must specify which you wish to receive in paper form, notices and/or disclosures.
To indicate to us that you are withdrawing your consent, you must provide to us, in writing to our mailing address which can be found on our website, a request to withdraw consent to use electronic signature and such must contain your manual signature. This will indicate to us that you have withdrawn your consent to utilize electronic signatures.
If you elect to receive notices and disclosures only in paper form, it may slow the speed at which we can complete certain steps in transactions and delivering services to you because we will need first to send the required notices and/or disclosures in paper form, and then wait until we receive back from you your signed forms to continue providing services. To indicate to us that you are changing your mind, you must withdraw your consent by sending us in writing your request to withdraw consent to use electronic signature and such must contain your manual signature. This will indicate to use that you have withdrawn your consent to utilize electronic signature.
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you all required notices and disclosures issued by the Company required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notices or disclosures, we prefer to provide all of the required notices and disclosures to you on our website or by the same method and to the same address that you have given us or through the medium through which we conduct our business. Thus, you can receive all the notices and disclosures electronically, or in paper form through alternative delivery systems if you so choose. If you do not agree with this process, please let us know as described herein. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of notices and disclosures electronically from us.
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive forms electronically by contacting us by email at support@bdfsg.com or by paper at the address noted on our website, www.bdfsg.com.
To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at support@bdfsg.com. In the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.
To request delivery from us of paper copies of notices and disclosures previously provided by us to you electronically, you must send us an e-mail to support@bdfsg.com and in the body of such request you must state your e-mail address, full name, and telephone number.
To inform us that you no longer want to receive notices and disclosures in electronic format you may send us an e-mail at support@bdfsg.com and in the body of such request you must state your e-mail, full name, and telephone number. We do not need any other information from you to withdraw consent. The consequences of your withdrawing consent for online notices and disclosures may affect our ability to provide services or transactions may take a longer to process.
To confirm to us that you can access this information electronically, which will be similar to other notices and disclosures that we will provide to you, your use of any BD Financial Services Group, LLC applications indicates your ability to access and read this electronic disclosure and that you are also able to print on paper or electronically save this page for your future reference, and/or that you were able to e-mail this disclosure to an address where you will be able to print on paper or save it for your future reference and access. Further, your continued use of any of our applications demonstrates your acceptance of the receipt of notices and disclosures. By continuing to use our applications you confirm that:
BD Financial Services Group, LLC and its licensee users (licensees) of its online applications may request, use and rely upon electronic signature to simplify commerce. Electronic signatures may and will be used to enter into engagements for services (contracts), providing authorization to third parties for release and sharing of information, and/or wherein users provide affirmations to BD Financial Services Group, LLC, and/or its licensees. By typing in names where e-signatures are requested, users hereby agree that all such electronic signature shall have the same force and effect as if signed manually. The only exceptions to the use of electronic signature will be limited to those outlined by Federal and State statutes pursuant to the ESIGN Act of 2000 and Uniform Electronic Transaction Act (UTEA) 1999, and, subject to these limitations, all signers, users and recipients (“Parties”) may rely upon the authenticity of electronic signatures without further verification. Where electronic signatures are requested, users will typically see the following statement: Where electronic signature is required in our applications such will be identified as follows: *Signatures preceded and followed by the following notation "//", indicate the party’s agreement to use electronic signature and such shall be the same as if signed manually. BD Financial Services Group, LLC and its licensed users accept e-signatures in accordance with the ESIGN Act of 2000 and the Uniform Electronic Transaction Act (UTEA) 1999.
By completing the registration process in this, or any specific BD Financial Services Group, LLC developed application, or register using the Single Source registration option, which is designed to provide access to all BD Financial Services Group, LLC, applications, you, and/or other users established by you or your firm’s primary principal to access applications, hereinafter (“Users”), my continuing the registration process, provide authorization and consent to receive email communications from BD Financial Services Group, LLC.
Emails sent to Users shall include, but may not be limited to login credentials, use notifications and industry news deemed important and relevant to the User’s industry. In addition to use notifications, Users may receive promotional emails designed to introduce existing or newly developed BD Financial Services Group, LLC applications. Emails may include promotional discount codes.
BD Financial Services Group, LLC may enter into co-marketing and/or joint-venture agreements with companies providing applications deemed by BD Financial Services Group, LLC to be beneficial to Users and may email information to Users about or promoting these applications.
BD Financial Services Group, LLC will not sell or provide User email addresses to any third-party marketing company.
Additional information about communications can be found in our Privacy Policy.
Protecting the privacy of Clients is a high priority for BD Financial Services Group, LLC (“the Company”). This privacy policy sets out general guidelines directing the Company’s use of information and outlines the policies and procedures concerning information gathering and dissemination practices of obtained information.
Client information and other materials uploaded by the Client or prepared by the Company and/or its licensees, is maintained by the Company for the purposes of performing the work assigned to the Company and/or its licensees and communication with Client, including usage issues, updates, newsletters, publications, required notification emails, email marketing of additional Company produced applications, industry-related materials, and any other purpose for which the Company desires or deems to be in its best interest of the Company and/or Client. Licensees may communicate industry-related materials the licensee deems relevant to the service it provides. The Company and/or its licensees may share such information with other companies, entities, agencies, third-parties, and specialists that the Company and/or its licensees deems useful, necessary or beneficial to completing its assigned work, provided, however, no such information shall be shared where the Company and/or its licensees believes, in its sole discretion, that such shall be deemed harmful to the Client.
Client information is only available to officers, directors, employees and agents of the Company and/or its licensees and shall only be shared with affiliates and/or contracted third parties for the purposes of completing the assigned work and to assure functionality of the Company’s applications. The Company shall maintain the confidential nature of any account information; no account information shall be used for any purpose other than for which it was provided, no information shall be redistributed, no information shall be left in a public place, and all sensitive customer and/or firm information shall be destroyed five years after the Company and Client have ceased conducting joint business, or upon written request from a Client. The Company’s Client information is not made available to the public.
Clients of the Company and/or its licensees can update and/or change information provided to the Company by logging into their account and submitting changes. Additional information about the use of electronic communication can be found in the Company Disclosures.
Other than the situations previously noted, third parties wishing to distribute information to Clients must apply to the Company for authorization, which in most cases will be denied. The Company may disclose personal information collected about Clients if, in the Company’s sole discretion it is reasonable to do so, including, but not limited to: to satisfy laws, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact or bring legal action against someone who may be violating our user policies or terms of services, terms of contracts and/or engagement letters; parties tasked with assuring the site and/or Company applications perform properly; for other commercial purposes related to the work being performed by the Company, whether presently existing, under development or to be developed to for the purposes of marketing the Company’s products made for use for the Client of Client’s industry; or to protect the Company and/or licensees interests, officers, employees and/or agents.
The Company and/or its licensees requires Client’s to pay for the products, which may include professionally prepared reports using standard professional business protocol; fifty percent (50%) retainer prior to commencement of work with the final fifty percent (50%) due prior to download of the completed report(s), tools and other applications designed to develop, assist or further business (“items of value”), in which case such items of value may be delivered immediately upon registration, in which case the Company may determine that all or any portion of the fee may be due and payable immediately, partially, or upon meeting certain conditions. If for any reason a report is required to be modified, the Company and/or its licensees will use its best efforts to quickly make modification and return the revised report as quickly as possible. Costs for the modification shall be based upon the terms set forth in the document governing the contract, such as an engagement letter, contract, or Terms of Service Agreement (“governing documents”) included in an application. If a Client is required to pay additional monies for modifications due to Client error, as set forth the in an engagement letter between the Client and the Company, and/or its licensees, the Company may require the Client to make payment prior to release of the revised report in accordance with terms set forth in the governing documents. All banking or other payment method information (the “Payment Method”) gathered from Clients shall NOT be retained by the Company and/or its licensees. The Company currently uses Authorize.net to accept e-check and credit/debit cards, and its licensees may or may not have discretion to use only one of these payment options. The Client will be required to provide their banking information to Authorize.net, via the Authorize.net collection data interface installed on the Company’s website. In some instances, the Company, and/or its licensees, may use the Authorize.net virtual terminal to manually input Client banking information; under no circumstances are the Company or its licensees to record Client banking information and such information shall not be retained by the Company or its licensees. The Company may change its banking processor, gateway or interface (“collection relationships”) at any time and in its sole discretion, in which case this Privacy Policy shall be amended to reflect those changes. Policy related to retaining Client payment information shall not change; irrespective of a change, the Company, nor its licensees, shall retain Client banking information. The Company does not maintain Client payment information in any of its databases for any purposes; there will never be automatic or recurring charges associated with the use of Company services and the Company shall never charge the Client without express authorization. The Company’s current payment processing system is Authorize.net and their Privacy Policy is available via the following link: https://www.authorize.net/company/privacy/.
The Company has obtained an SSL certificate from GoDaddy, which may be changed at the Company’s discretion. An SSL certificate is a digital certificate that authenticates the identity of a website and encrypts information sent to the server using SSL (Secure Sockets Layer) technology. Encryption is the process of scrambling data into an undecipherable format that can only be returned to a readable format with the proper decryption key. The Company uses Sha-2 2048-bit encryption on all of its applications. We cannot guarantee, however, that such security measures will prevent third-party "hackers" from illegally obtaining your information, however, the Company will not maintain or store any of your private banking information. Your company data may also be maintained on additional servers for redundancy, business continuity and Company use, in which case data may be stored on Microsoft OneDrive and/or temporarily on the local drive of officers, employees, contractors and agents of the Company. OneDrive saves multiple copies of each file on different drives and servers for business continuity and protection. Only Company officers, employees, contractors and agents will have access to the Company's OneDrive location.
A "cookie" is a small data file that can be placed on your hard drive when you visit certain Web sites. The Company may use cookies to collect, store, and to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your personal information. Additionally, be aware that if you visit non-Company websites where you are prompted to login or that are customizable, you may be required to accept cookies. Third parties and other non-Company websites may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
The Company may contain links to other sites. The Company is not responsible for the privacy practices or content of other websites. We encourage you to read the privacy policy statements of each website that collects your personally identifiable information.
The Company reserves the right to revise, amend, or modify this Privacy Policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted to our website and/or made known to Clients via updates to websites, applications, or other methods such as email.
Due to the nature of products and services provided through BD Financial Services Group, LLC, applications, where professional services are commenced immediately upon receipt of a retainer, and the final invoice issued and due upon completion of services, the policy is not to issue refunds. Additionally, because compliance-related tools are provided through applications, and full access is provided immediately upon payment or reports issued and/or available immediately upon receipt or paid fees, the policy is not to issue refunds. In circumstances where errors in billing may have occurred, users may request a refund by contacting support@bdfsg.com. Please include as much information as possible, including and required, your firm name, the name of the application used, and any additional information to support your request for a refund. Refunds are available at the discretion of BD Financial Services Group, LLC.
Individuals entering into engagements with BD Financial Services Group, LLC (“BDFSG”), whether through an application or elsewhere, or making use of a BDFSG application must be of contractual age (eighteen (18) years of age in most jurisdictions) and a resident of the U.S., Puerto Rico, or the U.S. Virgin Islands. If you do not qualify, please do not attempt to register for participation. Upon registration BDFSG will establish an account in your firm name and provide Users with unique login information. Primary Users are responsible for all sub-users they create and BDFSG takes no responsibility for damage they may do to the databases related to your firm data. Each User is responsible for ensuring that the information for their firm is accurate and is kept current.
Use of the applications and/or receipt of products generated may be conditioned upon payment, which shall be disclosed as accurately as possible in advance of use. Payment may be made by e-check or credit/debit card via Authorize.net (the Payment Method”), as may be amended by BDFSG in its sole discretion. No payment for any service shall be automatically renewed.
Registration and use of an application constitute a User’s full and unconditional agreement to these Terms and Conditions. Users who do not comply with these Terms and Conditions may be prohibited from using BDFSG applications.
In the event the use of an application requires taxes be paid to county or city municipality, such tax shall be added to any invoice and you shall agree to pay such tax.
BDFSG reserves the right to discontinue a User’s right to use an application in the sole discretion of BDFSG if the User (i) uses any application for improper, deceitful or unethical purposes or in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines or ordinances or (ii) acts (a) in an unfriendly manner, (b) with an intent to annoy, abuse, threaten, or harass BDFSG, its officers, directors, employees, agents, affiliates, or Licensees or (c) in any other disruptive manner. In the event a User wrongfully disparages BDFSG, in addition to discontinuance of the use of any application, BDFSG shall have the right to take appropriate administrative and legal action, including criminal prosecution, as it deems necessary in its sole discretion. No User shall attempt, directly or indirectly, to undermine, disrupt, hinder, or interfere with the proper operation of any application in any manner whatsoever. Any conduct by a User that, in the sole discretion of the Company, restricts or inhibits any other User from using or enjoying the BDFSG applications will not be permitted. BDFSG shall have the right, but not the obligation, to monitor a User’s account activities, including BDFSG sponsored chat rooms and forums, attendance at public events, or events sponsored by BDFSG, to determine compliance with these Terms and Conditions and any operating rules established by BDFSG to satisfy any law, regulation or authorized governmental request. BDFSG shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on its website. Should a User violate these or other valid restrictions BDFSG reserves the right, in addition to termination of use of BDFSG applications, as set forth herein, to seek damages and other remedies from any such User to the fullest extent permitted by law. Any failure by BDFSG to enforce any of these Terms and Conditions shall not constitute a waiver of its rights, or any other, provision hereof. All questions or disputes regarding a User’s right to use a BDFSG application as such relates to these Terms and Conditions will be resolved by BDFSG in its sole discretion.
BDFSG may modify any of the terms and conditions governing the use of its applications, including, but not limited to, application availability, change in prices, use privileges, the identity of Users, these Terms and Conditions, and any other applicable rules, guides, terms, or policies pertaining to BDFSG applications (including, without limitation, all websites), at any time, with or without notice (except where required by applicable law), even though these changes may affect a User’s status or other rights, benefits, or privileges to use a BDFSG application. Applications have no predetermined termination date and may continue until such time as BDFSG decides to terminate an application. BDFSG may terminate an application at any time, with notice to the User by informing them through the contact information on file under the User’s account with BDFSG. A User’s continued use of an application after notice of any change constitutes that User’s acceptance of any changes to these Terms and Conditions. Users are responsible for remaining knowledgeable as to any changes that BDFSG may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the BDFSG website and will supersede all previous versions of these Terms and Conditions.
USERS EXPRESSLY ACKNOWLEDGE THAT BDFSG APPLICATIONS AND ALL ASSOCIATED WEBSITES AND MATERIALS ARE PROVIDED "AS IS," WITH EACH USER PARTICIPATING AT HIS OR HER OWN RISK, AND BDFSG EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF AND ASSOCIATES AND EACH OF THEIR RELATED COMPANIES AND AFFILIATES, AND EACH SUCH COMPANY'S RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS OR OTHER EQUITY INTEREST HOLDERS, AGENTS, SUCCESSORS AND ASSIGNS (“COVERED PERSONS”), ANY OTHER WARRANTIES REGARDING THE USE OF APPLICATIONS, THE ADMINISTRATION OF THE APPLICATION BY BDFSG, THE INVOLVEMENT OF LICENSED USERS OF BDFSG APPLICATIONS, AND THE PARTICIPATION OR INABILITY TO USE AN APPLICATION, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY TRADE USAGE OR COURSE OF PERFORMANCE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BDFSG SPECIFICALLY DOES NOT WARRANT OR REPRESENT THAT THE OPERATION OF OR ACCESS TO THE APPLICATIONS AND ASSOCIATED WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ADEQUATE SECURITY MEASURES WILL BE IN PLACE TO PREVENT UNAUTHORIZED ACCESS TO INFORMATION OR OTHER TORTIOUS CONDUCT BY THIRD PARTIES, THAT PROGRAM ERRORS WILL BE CORRECTED, THAT PROGRAM INFORMATION IS CURRENT, RELIABLE OR ACCURATE, OR THAT ANY PARTICULAR PRIVILEGES OR BENEFITS GRANTED TO ANY USER WILL BE DELIVERED OR HAVE ANY PARTICULAR VALUE. BDFSG ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AUTHORIZED OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, INFORMATION SUBMITTED BY USERS TO THE WEBSITE OR INFORMATION AVAILABLE TO USERS ON THE WEBSITES. BDFSG IS NOT RESPONSIBLE FOR ANY PROBLEMS, ERRORS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE-SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR ANY FAILURE OF E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER’S OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS FROM BDFSG APPLICATIONS. USERS FURTHER ACKNOWLEDGE THAT THEIR USE OF BDFSG APPLICATIONS OR SERVICES MAY INVOLVE LINKS TO SERVICE PROVIDERS NOT UNDER THE CONTROL OF BDFSG AND BDFSG SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER IN CONNECTION WITH ANY SUCH SERVICE OR CARE OR ANY PROPERTY DAMAGE, PERSONAL INJURY (UP TO AND INCLUDING DEATH) TO PERSONS, ANY REGULATORY SANCTION INCLUDING MONETARY FINES, SUSPENSIONS, EXPULSIONS OR OTHER BUSINESS INTERRUPTION, OR ANY OTHER DAMAGE, COST OR EXPENSE THAT MAY BE INCURRED OR SUFFERED BY ANY SUCH USER IN CONNECTION WITH THE USE OF A BDFSG APPLICATION, WEBSITE, OR PROFESSIONAL SERVICE PROVIDED BY BDFSG ASSOCIATED OR AFFILIATED PERSONNEL.
BY USING BDFSG APPLICATIONS, OR SERVICES PROVIDED BY BDFSG PERSONNEL, EACH USER HEREBY INDEMNIFIES AND HOLDS HARMLESS BDFSG AND EACH OF THEIR RELATED COMPANIES AND AFFILIATES, AND EACH SUCH COMPANY'S RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS OR OTHER EQUITY INTEREST HOLDERS, AGENTS, SUCCESSORS AND ASSIGNS (THE "RELEASED PARTIES"), FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, REGULATORY SANCTION INCLUDING MONETARY FINES, SUSPENSIONS, EXPULSIONS OR OTHER BUSINESS INTERRUPTION, PERSONAL INJURIES, PROPERTY INJURIES, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY ARISING FROM THE USE OF AN APPLICATION, OR FROM ANY TORTIOUS ACTS BY ANY THIRD PARTY. USERS ACKNOWLEDGE THAT BDFSG PROVIDES USE OF IT’S APPLICATIONS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE AMOUNT OF FEES CHARGED, IS BASED ON THE EXPECTATION THAT THE RISK OF ANY LOSS, INJURY OR DAMAGE THAT MIGHT BE INCURRED IN CONNECTION WITH THE USE OF APPLICATIONS OR ISSUED REPORTS WILL BE BORNE BY THE USERS THEMSELVES AND NOT BY BDFSG AS A RELEASED PARTY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF ANY BDFSG APPLICATION OR PROVIDED SERVICE OR ANY REPORT ISSUED BY BDFSG, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU AND IN SUCH INSTANCES USERS OF BDFSG APPLICATIONS WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE USE OF ANY BDFSG APPLICATION OR PROVIDED SERVICE IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. IF, NOTWITHSTANDING THE ABOVE LIMITATIONS, MONETARY LIABILITY IS IMPOSED BY A COURT OF COMPETENT JURISDICTION REGARDING BDFSG OR ANY RELEASED PARTIES, USERS AGREE THAT UNDER NO CIRCUMSTANCES SHALL BDFSG TOGETHER WITH ANY RELEASED PARTIES' LIABILITY TO A USER OR ANY OTHER PARTY EXCEED THE AMOUNT PAID FOR THE USE OF THE APPLICATION AND/OR RELATED SERVICE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. EACH LIMITATION OF DAMAGES, DISCLAIMER OF WARRANTIES, OR LIMITATION OF REMEDIES SET FORTH HEREIN IS SEVERABLE AND INDEPENDENT AND SHALL BE ENFORCED INDEPENDENTLY OF ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, EACH USER HEREBY EXPRESSLY AND SPECIFICALLY ACKNOWLEDGES THAT BDFSG MAY MARKET THE APPLICATIONS, FOR USE BY BDFSG OR THIRD PARTY USERS AND THAT BDFSG DOES NOT CONTROL THIRD PARTY USERS OR THE QUALITY OF THE SERVICES THEY PERFORM OR PRODUCT THEY PROVIDE; BDFSG DOES NOT ASSURE, OR GUARANTEE THAT THE PERFORMANCE OR QUALITY OF WORK PERFORMED BY ANY BDFSG ASSOCIATED PERSON, COVERED PARTY, OR THIRD PARTY USER WILL MEET ANY PARTICULAR STANDARD, AND BDFSG OR ANY RELEASED PARTY IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY ASPECT OF SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
EACH USER HEREBY AGREES TO RELEASE AND HOLD HARMLESS ALL RELEASED PARTIES, AS IDENTIFIED ABOVE, FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, REGULATORY SANCTION INCLUDING MONETARY FINES, SUSPENSIONS, EXPULSIONS OR OTHER BUSINESS INTERRUPTION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE USE OF ANY SERVICES PROVIDED BY BDFSG PERSONNEL, OR THIRD PARTIES USER’S OR WHEN AN APPLICATION IS USED BY YOUR FIRM. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM (1) THE QUALITY OF A WORK OR A REPORT ISSUED BY BDFSG OR ANY THIRD PARTY, (2) YOUR USE OR MISUSE OR YOUR INABILITY TO USE ANY APPLICATION, OR (3) ANY FAILURE, DELAY, OR DECISION BY BDFSG IN ADMINISTERING ANY OF IT’S APPLICATIONS.
Except where prohibited by applicable law, by using a BDFSG application you allow BDFSG and their respective affiliated companies, if any, and any of their respective sponsors or co-promotional partners, to use your name, and/or postings you may make on BDFSG applications or websites, for advertising or promotional purposes, including online announcements. For example, and not by way of limitation, testimonials may be used to promote BDFSG application and benefits. You grant permission for any such use anywhere in the world and in any medium, without qualification or reservation of any rights and without the requirement of payment of any compensation to you or your family, except where prohibited by law.
BDFSG applications and websites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents thereof may be trademarked and/or copyrighted as a collective work under the United States copyright laws. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Users may not download copyrighted material. Except as otherwise expressly permitted under copyright law and other applicable law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted or trademarks material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading copyrighted material. Users shall not upload, post or otherwise make available on BDFSG websites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User and without the express written consent of BDFSG, with the exception of testimonials, which may be moderated by BDFSG. A User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of BDFSG websites, a User automatically grants, or warrants that the owner of such material has expressly granted BDFSG royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and/or trademark that may exist in such material. Each User hereby grants BDFSG the right to edit, copy, publish and distribute any material made available on BDFSG websites by such User. The foregoing provisions are for the benefit of BDFSG and each of their respective subsidiaries, parent companies, affiliates and third-party licensed users and each shall have the right to assert and enforce such provisions directly or on its own behalf.
BDFSGTM, BD Audit OnlineTM, AML Test OnlineTM, and each of their logos and/or slogans are trademarks or service marks of the BD Financial Services Group, LLC. All rights reserved. All other trademarks and service marks appearing on the Company's materials or website are the property of their respective owners.
BDFSG may offer certain promotions (including, without limitation, promotional discounts, member experiences and other promotional prizes, items and giveaways) to Users from time to time in the sole and absolute discretion of BDFSG. Such offers shall be subject to the terms and conditions established by BDFSG with respect to such offers and any Users participating in any such offers agree to be bound by such terms and conditions. Users acknowledge that BDFSG may, subject to applicable law and the terms and conditions of the applicable promotional offer, allocate such experiences and other promotional prizes, items and giveaways in its sole and absolute discretion (including, without limitation, by random drawing or contest, or on a first-come first-serve or seniority basis).
Applications are controlled and operated by BDFSG from its offices in Fort Bend County, Texas or in such other location as may be chosen by the Company. These Terms and Conditions and all other incorporated application documentation shall be construed in accordance with Texas law, without regard to any conflict of law provisions, and shall, with exception of agreements entered into between BDFSG and licensed users in which case, where such license agreement and these Terms and Conditions conflict, the terms of the license agreement shall supersede these Terms and Conditions, constitute the complete and exclusive statement of the agreement of the Users of BDFSG applications with respect to the use of the applications. Any dispute arising in connection with the use of and BDFSG applications or these Terms and Conditions shall be resolved exclusively by the state courts located in Fort Bend County or Harris County, Texas, as determined by BDFSG, which may be changed at its discretion of BDFSG. These Terms and Conditions are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. No failure or delay by BDFSG in exercising any right hereunder shall operate as a waiver of such right and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by BDFSG must be embodied in a written document signed by BDFSG.