Terms of Service (TOS)

1. Introduction

Welcome to BCCTHIS, LLC ("Bccthis", "we" or "us")! Bccthis offer a suite of products that facilitate communication via email and Twitter.

2. Legal Agreement

These terms of service (this "TOS") govern your use of our services, products, or websites (collectively, the "Service"). By using and accessing the Service, you agree to be bound by and comply with this TOS. Certain parts of the Service may require you to agree to additional terms or guidelines. You may not use the Service if you do not accept this TOS. For purposes of this TOS "you" shall mean either you as an individual or the entity on whose behalf you are accepting this TOS and who is afforded all rights and bound by all terms under the Agreement. You represent that you are authorized to accept this TOS and conditions and that you are of legal age to form a binding contract.. If you do not agree to be bound by this TOS in its entirety, you may not attempt to use any Bccthis services or products.

3. Privacy Policy

You consent to the collection and use of certain information in accordance with our Privacy Policy located at http://www.subtextual.com/legal.php#privacy

4. Your content on the service

The Service includes information, data, text, photographs, graphics, video, messages, tags, or other materials ("Content") from many people and entities, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you email, ÒtweetÓ, transmit or otherwise make available while using the Service (including third party service integrations that you enable through the Service), and for the consequences of your actions (including any loss or damage which Bccthis may suffer) by doing so. Note that Content is treated differently than "Feedback" which is covered in Section 5. Bccthis does not claim ownership of such Content and you agree that Bccthis may use, distribute, syndicate, reproduce, modify, adapt, publicly perform and publicly display such Content solely for the purpose of providing you the Service. If you no longer want your Content to appear on the Service, you can remove the Content from the applicable third party service providing the Content, or disable the third party service integration. However, you agree and understand that Bccthis may not be able to (and has no obligation to you) to restrict any use of your Content by any other person, including other users, and that Bccthis has no control of your Content provided by or to the third party services that you authorize or enable.

5. Feedback to Bccthis

By submitting feedback, ideas, ratings, reviews, or suggestions ("Feedback") to Bccthis, publicly through web pages (e.g. forums, community feedback sites), or privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of Bccthis without any obligation of Bccthis to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) Bccthis may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) Bccthis may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Bccthis.

6. Proprietary Rights

All right, title and interest to the Service (which includes any Bccthis content or materials made available via the Service, the Service's look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of Bccthis, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws. You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Service without the prior written consent of the respective owner.

Unless otherwise agreed to in a separate agreement between Bccthis and you, with respect to any software that we provide to you, Bccthis grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use such software, for the sole purpose of enabling you to use the Service in the manner permitted by this TOS. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

7. Third Party Charges

You (and not Bccthis) are solely responsible for any fees or charges incurred to access the Service through an internet access or mobile access provider, or other third party, including but not limited to charges incurred to send or receive SMS messages.

8. No Resale Of Service

You agree to only use the Service for personal purposes, and not for any unintended use of the Service. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Service's websites.

9. Advertisements; Announcements

The Service may display advertisements or announcements. In consideration for Bccthis granting you access to and use of the Services, you agree that Bccthis may place such advertising or announcements on the Service.

10. Indemnity

You agree to indemnify and hold Bccthis and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this TOS, or your violation of any rights of another.

11. Modifications To Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Bccthis shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further agree that we may limit the number of emails sent via the Service at any time, in our sole discretion.

12. Termination

You agree that Bccthis may terminate your Bccthis account and access to the Service at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Service, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Bccthis account includes deletion of your Content, deletion of your password and all related information, and files and content associated with your account. Further, you agree that Bccthis shall not be liable to you or any third party for any termination of your account or access to the Service.

13. Links

The Service or third parties may provide links to other websites or resources. We do not endorse and are not responsible or liable, directly or indirectly, for any damage or loss caused by your use of or reliance on any such content, goods or services available on or through any such site or resource.

14. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BCCTHIS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) Bccthis and its affiliates, members, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; or (ii) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.

(c) Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(d) Under no circumstances will Bccthis be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

15. Limitation of Liability

You expressly understand and agree that Bccthis and its affiliates, members, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bccthis has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

16. Notice

We may provide you with notices, including those regarding changes to this TOS, including but not limited to by email, regular mail, text message, postings on the Service, or other reasonable means now known or developed later.

17. Disclaimer

Any views, statements, advice or other information made available or expressed by third parties or users are those of the respective third party or user and not of Bccthis. While we actively seek community participation on our website through these various means, we do not endorse and are not responsible for the reliability or accuracy of any advice, opinion or statement made on the Service.

18. Fees

You acknowledge that Bccthis may charge a fee for the use of any Service, provided that Bccthis notifies you of any such fee that applies before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you.

19. Modification.

Bccthis reserves the right to change or modify the Service, any of the terms and conditions contained in this TOS, or any policy governing the Service, at any time. You are responsible for regularly reviewing any updates to this TOS at http://www.subtextual.com/legal.php#tos. Any changes or modifications to this TOS will become binding after your continued use of the Service after such terms have been updated by Bccthis.

20. Support; Changes to Client.

Bccthis may elect to provide you with customer support, in its sole discretion, and may terminate such support at any time without notice. Bccthis may change, limit, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature or content.

21. General

This TOS shall be governed by applicable U.S. federal law and the laws of the State of California, excluding any conflict of law provisions. This TOS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of the U.S. federal and California state courts located in Los Angeles, CA, in connection with any dispute arising out of or in connection with this TOS or its subject matter, and the parties irrevocably waive any right that they may have to assert that any such court lacks jurisdiction or that such forum is not convenient. If any provision in this TOS should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this TOS if no such modification is possible, and other provisions of this TOS shall remain in full force and effect. The controlling language of this TOS is English. If you have received a translation into another language, it has been provided for your convenience only. A waiver by either party of any term or condition of this TOS or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer, by operation of law or otherwise, this TOS or any rights or obligations hereunder. Any such purported transfer or assignment will be void. Subject to the foregoing sentence, this TOS shall be binding upon and shall inure to the benefit of the parties, their successors and assigns. This TOS constitute the entire agreement between the parties concerning the subject matter hereof.

22. Consumer Rights Information

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Pricing information is posted as part of the ordering pages for this site. If you have a question or complaint regarding the Service, please send an email to support@bccthis.com. You may also contact us by writing to

BCCTHIS, LLC
14242 Ventura Blvd., Suite 202
Sherman Oaks, CA 91423
Attention: Customer Service

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Privacy Policy

BCCTHIS, LLC ("Bccthis," "we," or "us") knows that you care how information about you is used and shared. This Privacy Policy explains what information of yours will be collected by Bccthis when you use Bccthis.com, Bccth.is and/or related Bccthis software and services (the "Service"), how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy.

Information We Collect

User-Provided Information: As part of using the Service, you may be required to provide certain information in order to register and set up an account (ÒRegistration DataÓ). If you correspond with us by email, we may retain the content of the email messages you send to us, your email address and our responses. If you invite a friend to try Bccthis, we will use that friend's email address for the sole purpose of sending your invitation.

3^rd Party Account Information:As part of using the Service or visiting Bccth.is, you may be asked to permit a 3rd party service, for example Twitter.com, to authorize Bccthis to access the information you have previously provided to such 3rd party service. Such information may include a screen name you've chosen, an avatar you created or uploaded, which users you follow and which users follow you. We may retain a copy of this information for the sole purpose of providing you with the Service. You can revoke the authorization for Bccthis to access such 3rd party service information by following such serviceÕs instructions. In the case of Twitter.com, you may revoke such authorization at http://twitter.com/account/connections

Cookies Information: When you visit Bccthis.com or Bccth.is, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. A cookie does not collect personal information about you. Bccthis uses both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly or at all if the ability to accept cookies is disabled.

Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you view Bccthis.com and/or Bccth.is, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

Clear Gifs Information: When you use the Service, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your Bccthis or Bccth.is account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make Bccthis better for our users.

How We Use Your Information

Automatically Recorded Information:Bccthis does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video or other material that you upload, transmit, store or otherwise make available in connection with the Service. Such content will remain your private information. Bccthis's servers will automatically scan and record certain information regarding your use of the Service, such as an "I'm here" ping that says your installation is active, basic log information, your email address, and your IP address. Such automatically recorded information shall remain your private information and will not be made available to the public.

Opt-in Recorded Information: During installation of the Bccthis software you may be given the option to opt-in to one or more of Bccthis's "Product Improvement Programs". The information recorded as a result of your opting in to a Product Improvement Program will be used only for the purpose of improving the Service for you and will not be made available to the public. You can opt in or out of this program at any time in the options menu item in the Bccthis menu.

User-Provided Information: By providing Bccthis your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt out or change the frequency of many Service-related communications by clicking an email preferences link provided at the end of every email Bccthis sends. As part of our registration process we will also ask your permission to use your email address to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such email messages, you may unsubscribe or change your mailing preferences by clicking a link that will appear at the end of all email communications. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Bccthis may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, and maintaining security.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our service; (d) monitor aggregate metrics such as total number of visitors and traffic; and (e) diagnose or fix technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.

How We Share Your Information

Personally Identifiable Information: Bccthis will not rent or sell your personally identifiable information to others and will not share it with others except as provided herein. Bccthis may share your personally identifiable information with third parties solely for the purpose of providing services to you. If we do this, such third parties' use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of Bccthis (for instance, on servers or databases co-located with hosting providers).

As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.

Except as otherwise described in this Privacy Policy, Bccthis will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our License (http://www.subtextual.com/legal.php#EULA), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of Bccthis, our users or others.

Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Bccthis services.

How We Protect Your Information

Bccthis uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Bccthis and you do so at your own risk. Once we receive your transmission of information, Bccthis makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, Bccthis will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information to Bccthis, in which case Bccthis will not be able to provide the Service to you. You can review and correct the information about you that Bccthis keeps on file by contacting us directly at support@subtextual.com.

Links to Other Web Sites

We are not responsible for the practices employed by Web sites linked to or from our Web site nor the information or content contained therein. Please remember that when you use a link to go from our Web site to another Web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including those that have a link on our Web site, is subject to that Web site's own rules and policies. Please read over those rules and policies before proceeding.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice or through conspicuous posting of such notice on our Website page, as determined by Bccthis in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

U.S. Based Service

Our center of operation is in the United States. Your data is held in the United States and transactions, where applicable, are processed in US Dollars on servers in the United States. As such, all data is held in accordance with United States laws and procedures which differ from those in other regions of the world, such as the European Union. By using this service, you acknowledge that you understand and agree to these data policies.

Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, please contact us at support@bccthis.com, or send mail to:

BCCTHIS, LLC
14242 Ventura Blvd., Suite 202
Sherman Oaks, CA 91423

End User License Agreement

This document explains the terms by which you may use our Service (as defined below). By clicking the "Accept" button, or otherwise accessing or using our Service, you signify that you have read, understood, and agree to be bound by this End User License Agreement ("Agreement"). You also agree to be bound by the Bccthis Terms of Service located at http://www.subtextual.com/legal.php which is incorporated by reference and constitutes part of this Agreement. In the event of a conflict between this Agreement and the Bccthis Terms of Service, the terms of this Agreement will control to the extent of such conflict.

For purposes of this Agreement, "you" shall mean either you as an individual or the business, government entity or entities on whose behalf you are accepting this Agreement and who is afforded all rights and bound by all terms under the Agreement. You represent that you are authorized to accept these terms and conditions. If you do not agree to be bound by this Agreement in its entirety, please click the "Decline" button in the installer and do not attempt to use any of the Services accompanying this Agreement.

This Agreement relates to the Subtextual plug-in for Microsoft Outlook, the Bccthis plug-in for Research In Motion Blackberry, Bccthis web client for Twitter found at http://bccth.is, the Subtextual website found at http://www.subtextual.com, each a BCCTHIS, LLC ("Bccthis") Service (the "Service", which is deemed part of the Service as defined and referenced in the Bccthis Terms of Service), composed of software (the "Software") and related Bccthis services and features, which may include explanatory materials and documentation that are proprietary to Bccthis. The term "Service" also includes any modified versions or updates of thereof, to which you may be granted access under this Agreement, as well as any yet to be developed versions of Bccthis for platforms not referenced above.

LICENSE GRANT. Subject to the provisions of this Agreement, Bccthis grants you a non-exclusive, non-transferable, non-sublicensable license to install and run the Software in object code format on a single computer (including virtual machines), mobile device, or similar equipment, owned or controlled by you (for personal and professional use both inside and outside of an enterprise) and use the Software for the purpose and in the manner it was intended by Bccthis. By using the Software you represent and warrant that you have the legal capacity to enter into this Agreement and that you are equal to or older than the minimum age required by your jurisdiction to enter into contracts without parental consent.

RESTRICTIONS. Except as expressly set forth in this Agreement, you may not do any of the following, nor permit any third party to do any of the following: (a) use, reproduce, modify or prepare derivative works of any portion of the Service or incorporate any portion of the Service into any other Service; (b) transfer, encumber, sublicense, disclose, rent, lease, offer for timesharing or distribute any portion of the Service; or (c) remove, obscure, deface or fail to reproduce in any copy any copyright, trademark or other proprietary rights notice contained in any part of the Service. In addition, you will not do any of the following, nor permit any third party to do any of the following, to any portion of the Software: reverse engineer, decompile, disassemble or otherwise attempt to determine the source code, ideas, algorithms or structure underlying any of the Software, except to the extent that you are permitted by applicable law to reverse engineer the Software despite the foregoing restriction. In the event that you are permitted by applicable law to reverse engineer any portion of the Software for the purpose of achieving interoperability with other software despite the foregoing restriction, you shall provide written notice of your intent to reverse engineer the Software and, if permitted by applicable law, you shall provide Bccthis a reasonable opportunity to supply, in Bccthis's discretion, such information with respect to the Software as may be required to achieve such interoperability. In the event that Bccthis supplies such information, you shall not reverse engineer the Software unless permitted to do so by applicable law despite the requirements of this section.

TERMINATION. Without prejudice to any other rights that may be available to it, Bccthis may terminate this Agreement if you breach any provision of this Agreement at any time. Upon termination, all licenses hereunder will terminate and you shall immediately cease all access to and use of the Service. The limitations of liability, restrictions, disclaimers, proprietary rights sections immediately below, general provisions of the last section below, and confidentiality provisions of this Agreement will survive any termination hereof.

PROPRIETARY RIGHTS. Except for the limited licenses expressly set forth in this Agreement, all right, title and interest in and to the Service and all portions thereof shall remain with Bccthis. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Bccthis' or its Licensors' ownership of or rights with respect to the Service.

DISCLAIMER OF WARRANTY. THE SERVICE AND ALL PORTIONS THEREOF ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THEY ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, ACCURATE, NON-INTERFERING OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. WITHOUT LIMITING THE FOREGOING DISCLAIMER, BCCTHIS DOES NOT WARRANT THAT THE SOFTWARE WILL PERFORM AS INDICATED IN THE DOCUMENTATION OR AS OTHERWISE STATED BY BCCTHIS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND AS PARTIAL CONSIDERATION FOR BEING GRANTED THE LICENSES HEREUNDER YOU AGREE TO BE BOUND BY THIS DISCLAIMER AND THE LIMITATIONS OF LIABILITY BELOW NOTWITHSTANDING THE FAILURE OF ANY REMEDY HEREUNDER OF ITS ESSENTIAL PURPOSE. IN CERTAIN CIRCUMSTANCES, SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BCCTHIS OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR GOODWILL, WORK STOPPAGE, LOSS OF DATA, INACCURACIES, COMPUTER FAILURE OR MALFUNCTION, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, BCCTHIS'S ENTIRE LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE ONE U.S. DOLLAR ($1). THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL PART OF THIS AGREEMENT AND BCCTHIS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

MODIFICATION. Bccthis reserves the right to change or modify the Service, any of the terms and conditions contained in this Agreement, or any policy governing the Service at any time, by posting the new Agreement. You are responsible for regularly reviewing any updates to this Agreement. Any changes or modifications to this Agreement will become binding after your continued use of the Service after such terms have been updated by Bccthis.

COMPLIANCE WITH LAWS. You agree to comply with all applicable laws and regulations, domestic and foreign, with respect to the Service, including without limitation those related to export and import controls.

GENERAL. This Agreement shall be governed by applicable U.S. federal law and the laws of the State of California, excluding any conflict of law provisions. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of the U.S. federal and California state courts located in Los Angeles, CA, in connection with any dispute arising out of or in connection with this Agreement or its subject matter, and the parties irrevocably waive any right that they may have to assert that any such court lacks jurisdiction or that such forum is not convenient. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer, by operation of law or otherwise, this Agreement or any rights or obligations hereunder. Any such purported transfer or assignment will be void. Subject to the foregoing sentence, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns. The relationship between Bccthis and you is that of independent contractors and neither you nor your agents shall have any authority to bind Bccthis in any way. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. You may not amend or modify this agreement.

By clicking "Accept" or otherwise accessing or using our Service, you certify that you have read and understood this Agreement and agree to be bound by its provisions.