Terms of Use
Welcome to the BH Tank ("BH Tank") Web site (the "Site"). Please review these Terms of Use. By accessing or using the Site, you agree to follow and to be legally bound by these Terms of Use.
1. OWNERSHIP AND USE OF SITE MATERIALS
The Site contains information, data, logos, graphics, images, photographs, and other elements and materials (collectively, "Materials") that are owned by and are the copyrighted works of BH Tank or its third-party providers. BH Tank also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative words from, distribute, republish, download, display, post, or transmit in any form or by any means, including electronic, mechanical, photocopying, recording, or other means, any Materials without the prior written permission of BH Tank. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, privacy, publicity, or communications laws and regulations.
BH Tank hereby grants you permission to copy, print, and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way.
2. TRADEMARKS
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of BH Tank. Other product names, company names, marks, logos, and symbols may be the trademarks of its third-party providers or other third parties. You are not permitted to use the Marks without the prior written consent of BH Tank or such third party that may own the Marks.
For a current list of Marks owned by BH Tank, as well as information on the authorized use of the Marks, please refer to BH Tank Trademark Usage Guidelines.
3. ON-LINE CONDUCT
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair any BH Tank server, or the network(s) connected to any BH Tank server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems, or networks connected to any BH Tank server or to the Site, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree that BH Tank would be irreparably harmed by the use, by you or others, of the Site or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that BH Tank is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). BH Tank reserves the right to block, filter, or delete unsolicited e-mail. You may not use the Site to collect personal information about users or transmit through or post on the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or any racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate applicable laws.
4. LINKS TO THIRD-PARTY SITES
This Site contains links to Web sites controlled by parties other than BH Tank. BH Tank does not endorse and is not responsible or liable for the contents or use of these third-party sites. BH Tank is providing these links to you only as a convenience.
5. TERMINATION OF ACCESS
BH Tank may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason.
6. DISCLAIMERS RESPECTING SITE
THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. BH TANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. BH TANK HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, AND GUARANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
BH TANK DOES NOT REPRESENT OR WARRANT THAT ANY PRICING, PRODUCT, OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE, OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER AND WITHOUT UPDATING THE INFORMATION ON THE SITE.
THE SITE AND MATERIALS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO BH TANK® PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR ARE NOT AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT BH TANK INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL BH TANK BUILDER® FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS, AND SERVICES WHICH MAY BE AVAILABLE TO YOU.
7. LIMITATION OF LIABILITY RESPECTING SITE
NEITHER BH TANK NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS, INCLUDING MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, OR DELAYS IN OPERATION OR TRANSMISSION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OR INACCURACY OF DATA, OR LOSS OF REVENUE).
8. INDEMNIFICATION BY SITE USER
You agree to hold BH Tank and its affiliates harmless from and indemnify them against any claims by you or third parties based on or related to your online actions or your use of the Site or the Materials and all damages, costs, and expenses relating thereto.
9. PRIVACY POLICY
BH Tank respects your desire for privacy. For information on how BH Tank protects your personal information, please refer to our Privacy Policy. By using this Site, you are consenting to the processing of your data by BH Tank and its affiliates and consenting to the terms of our Privacy Policy.
10. CHANGES TO SITE OR TERMS OF USE
BH Tank may make improvements or changes to the Site or to the products, services, programs, and prices described on this Site at any time without notice. BH Tank may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon your accessing this Site.
11. LOCAL LAWS; EXPORT CONTROL
BH Tank makes no representation that the Site or the Materials are appropriate or available for use outside the USA. If you use this Site from locations outside the USA, you are responsible for compliance with USA and foreign export and import laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the USA.
12. SUBMISSIONS
BH Tank welcomes your comments and feedback regarding our Site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, questions, feedback, information, or other materials you submit to BH Tank through or in connection with this Site ("Submissions") shall be considered non-confidential and BH Tank's property. No compensation will be paid with respect to the use of your Submission, as provided herein. BH Tank shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you, not BH Tank, have full responsibility for the Submissions, including their accuracy, legality, reliability, appropriateness, originality, and copyright.
13. RIGHTS AND REMEDIES OF BH TANK
You agree that BH Tank shall have all rights and remedies provided under these Terms of Use and under applicable law.
14. GOVERNING LAW; CHOICE OF FORUM
These Terms of Use, the use of the Site and all orders and purchases from BH Tank and other transactions conducted through the Site or with BH Tank will be governed by and construed and enforced under the laws of the State of Missouri (including any conflict of laws rules). The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use or to the Site or transactions or activity conducted on or relating to the Site will be the appropriate state or federal courts in Jackson County, Missouri; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue, and inconvenience of the forum.
15. GENERAL
These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications regarding the use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by BH Tank to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
16. LEGAL CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact BH Tank at the following address:
Attn: Legal Department
BH Tank
P.O. Box 340
Windsor, California 95492
Trademarks
Trademark and Service Mark Usage Guidelines
Introduction
Our trademarks and service marks identify our products so that consumers know they are buying BH Tank' high-quality products and services. BH Tank has gained valuable rights by the proper and continuous usage of its trademarks and service marks to identify its goods and services. If such marks are used improperly, their value can become diluted or generic. Properly using our trademarks by following these trademark usage guidelines protects and preserves the value of our marks and the BH Tank brand.
What is a Trademark and Service Mark?
Trademarks and service marks are words, names, symbols, devices, designs, phrases, sounds, or colors adopted and used by BH Tank to identify its goods and services and to distinguish them from other goods and services. The primary function of a trademark is to indicate the source of goods. It also implies a consistency of quality since it assures the customer that all goods bearing that trademark are of the same quality. Trademarks are usually noted with either a ™ or a ® symbol. Service marks are usually noted with a SM or a ® symbol. In the United States, a trademark that is noted by a ™ or a service mark that is noted by a SM has not been registered with the United States Patent and Trademark Office, and a trademark or service mark noted with an ® has been registered with the United States Patent and Trademark Office. Trademarks, however, may also be registered internationally, and each country has different laws regarding the proper notation of trademarks.
Referential Trademark and Service Mark Usage
You may use a BH Tank trademark, service mark, or product name to refer specifically to such BH Tank product or service in marketing and promotional materials, books, conferences, applications, demonstrations, etc. You are permitted to use a BH Tank trademark referentially provided that:
- You adhere to these BH Tank Trademark and Service Mark Usage guidelines.
- You do not disparage BH Tank or BH Tank products and services.
- You display your name or logo more prominently than any BH Tank trademark.
- You include a disclaimer that BH Tank does not sponsor, affiliate, or endorse your product and/or services.
General Trademark and Service Mark Usage Guidelines
- Always spell the trademark correctly. Avoid any variations.
- Use appropriate markings. Always capitalize the product name and designate the trademark with the appropriate ™ or ® symbol. Also, the first usage or most prominent usage of a BH Tank product name must be used in conjunction with the BH Tank® trademark and in the same type size, font, color and line.
- Always use BH Tank trademarks as adjectives that describe the generic product. Trademarks are proper adjectives describing a specific thing; therefore, they should be used in conjunction with the noun (generic name) they modify
- Do not use any BH Tank trademark as your trademark, service mark, trade name, domain name, product name, or logo. BH Tank trademarks identify the goods and services of BH Tank. No third-party may use any BH Tank trademark as their trademark, service mark, trade name, domain name, product name, or logo. You must have your own distinct trademark, service mark, trade name, domain name, product name, or logo that does not include any BH Tank trademarks. You may, however, referentially use the BH Tank trademark in connection with your product. Also, you may not use a variation, combination, or abbreviation of a BH Tank trademark.
- Attribute ownership of BH Tank trademarks to BH Tank. When you refer to a BH Tank trademark, please include the following notice of trademark attribution where appropriate, such as on your product, printed materials, and online.
Example of correct usage:
"BH Tank" are trademarks or registered trademarks of BH Tank in the United States and/or other countries."
- Avoid using words like "original" or "genuine" in association with the trademark. This implies there may be products of others bearing the same trademark.
Specific Trademark and Service Mark Usage Guidelines
- Logos. You may not use any BH Tank logos (including buttons and graphic symbols) without a trademark license from BH Tank. All usage of trademark logos shall be pursuant to these guidelines and any other guidelines associated with that logo. Please refer to BH Tank’ Logos and Usage Policy.
- Merchandise items. You may not manufacture, sell, or give away merchandise items, such as T-shirts and mugs, bearing BH Tank trademarks or logos, except pursuant to an express written trademark license from BH Tank.
- Slogans and taglines. You may not use or imitate a BH Tank slogan or tagline.
This list is posted solely for your convenience. BH Tank does not waive any rights to any BH Tank trademark, service mark, trade name, product name, or logo that does not appear on this list. The symbols below denote status of the trademark in the United States only. BH Tank trademarks may also be registered internationally.
Third-Party Trademarks
Third-party trademarks, trade names, product names, and logos contained in this Web site may be the trademarks or registered trademarks of their respective owners.
|
|
