BFX
USAGE AGREEMENT

 

Thank you for visiting www.bfxco.com and/or its associated web pages (“Website”). We at BFX are proud of the products and services we provide our customers, the relationships we have built with our vendors, the quality of our employees and the value that we strive to provide our investors, so we happily invite you to browse the Website at length to learn more about us. Please note, however, that use of our Website is predicated upon your understanding of and agreement to abide by the terms and conditions included in this Usage Agreement, (“Agreement”). Use of the Website, including downloading of any information, text, graphics, software, links or other items contained in the Website, (“Materials”) wherefrom, will be construed as your acceptance of this Agreement.

Intellectual Property Rights and Obligations

Unless expressly noted otherwise, the Website and its Materials are the copyrighted and proprietary property of BFX, and all rights are hereby reserved. You agree to comply with all the copyright laws worldwide in your use of the Website and to prevent any unauthorized copying of the Materials.

Subject to the terms and conditions of this Agreement, BFX grants Website users a non-exclusive, non-transferable, limited right to access, use for personal purposes and display of the Website. BFX authorizes you to view and download Materials from the Website provided the Materials (a) will only be used for your personal, non-commercial use, (b) will not be posted through any network or broadcast in any media, (c) will not be modified in any way, (d) maintain all copyright, trademark and other proprietary notices contained in the Materials and (e) will not be distributed, sold, modified, decompiled, reverse engineered, disassembled, publicly displayed, used to create derivative works or used for commercial purposes in any form or by any means, except with the express written permission of BFX. Notwithstanding anything in this Agreement to the contrary, BFX does not transfer title in the Materials.

The BFX names and the certain product and service names are registered trademarks/servicemarks of and the exclusive property of BFX. Other than those trademarks/servicemarks held by BFX, any other company names and other companies’ product and service names referenced in the Website are trademarks/servicemarks of their respective holders and are used here for information purposes only. Software that is available through the Website is the copyrighted work of BFX, its Third Party Providers (as defined hereinafter) or other third parties. You shall not distribute, sell, modify, decompile, reverse engineer, disassemble, publicly display or create derivative works from any software available on or via the Website. In addition to this Agreement, use of the software is also subject to any user agreement that accompanies the software, and violations of the user agreement are expressly prohibited by law.

Use of the Website

You are prohibited from violating, or attempting to violate, the security of the Website. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Website include, without limitation, the following:

  • Logging into or attempting to log into a server or account that you are not authorized to access;
  • Accessing data or taking any action to obtain services not intended for you or your use;
  • Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
  • Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Website;
  • Interfering with, intercepting or expropriating any system, data or information; or Interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.

“Spam” and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).

Infringement. You are prohibited from using the Website or Materials to infringe on any person’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Website and Materials if we believe you are using the Website and Materials in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.

In using the Website or Materials, you must not:

  • Post, e-mail, link or otherwise transmit or use the Website or Materials in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person’s privacy or other rights, or any material that BFX in its sole discretion does not wish posted or transmitted on the Website;
  • Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
  • Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
  • Engage in conduct which could damage or impair the intended operability of the Website;
  • Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
  • Engage in deceptive online marketing;
  • Assist or permit any persons in engaging in any of the activities described above.

Legal Disclaimers

Although we have carefully selected and periodically review the content of the Website, BFX does not guarantee that the content is accurate, complete, current or otherwise reliable or free from errors, omissions, viruses or other harmful attributes. BFX reserves the right, but disclaims any intention or obligation, to make corrections, changes, updates or revisions to the Website at any time without notice, including with respect to its functionality and content.

Nothing in the Website is intended to override the corporate separateness of the various BFX entities in anyway ultimately tied to BFX, Inc. (“BFX”). Relationships discussed or implied in the Website may reflect, for example, a service relationship, a functional guidance or stewardship relationship or the ownership structure of various BFX entities, but do not necessarily represent a reporting connection.

This Agreement shall be governed by the laws of the State of Texas, United States, without giving effect to its conflict of laws provisions.

This Agreement constitutes the entire agreement between BFX and you with respect to your use of the Website.

Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.

If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF COMPLETENESS, ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. BY UTILIZING THE WEBSITE, YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. BFX EXPRESSLY DISCLAIMS RESPONSIBILITY OR LIABILITY FOR ANY ACTUAL, ALLEGED OR POTENTIAL LOSS, INJURY, LIABILITY, CLAIM, CAUSE OF ACTION OR DAMAGE OF ANY KIND RESULTING FROM, RELATED TO OR IN ANY WAY ARISING OUT OF USE OF THE WEBSITE OR THE MATERIALS, INCLUDING WITHOUT LIMITATION VIRUSES OR ERRORS IN, OR OMISSIONS FROM, THE MATERIALS AND FOR THEIR USE OR INTERPRETATION BY OTHERS.

IN NO EVENT SHALL BFX BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES RELATED TO OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO BFX’S PERFORMANCE OR NONPERFORMANCE HEREUNDER), THE WEBSITE, THIRD PARTY PROVIDERS OR ANY MATERIALS OR FUNCTIONS OF OUR OR THEIR WEBSITES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS IN CONNECTION WITH ANY LOSS OF PROFITS OR BUSINESS OPPORTUNITY AND ANY LOSS OF USE OF THE WEBSITE, IRRESPECTIVE OF THE REASON OR CAUSE OF SUCH DAMAGES, WHETHER ANY OF SUCH DAMAGES OCCUR DURING OR AFTER THE PERIOD OF THIS AGREEMENT, OR THAT THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF ANY NATURE WHATSOEVER, OR THAT BFX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The use of any personal information collected by us or given to us during your visit to our Website is governed by the BFX Privacy Policy, which is incorporated into this Agreement by reference.

BFX reserves the right to change, modify, or update this Agreement at any time without notice. The Agreement was originally produced on June 26, 2017.