Introduction
Bdellium, Inc. (“Bdellium”) publishes and maintains this Web site (the “Site”) as a service for its visitors and customers subject to the following notices and terms and conditions concerning the use of the Site (the “Terms of Use”). By accessing, using and navigating the Site, you accept the following Terms of Use. Additionally, Bdellium reserves the right to unilaterally modify or update the Terms of Use without prior notice and any subsequent use of the Site shall constitute acceptance to such modifications and updates.
Copyright Notice
Copyright (c) 2011 Bdellium, Inc. All Rights Reserved. All materials available on this site are the property of Bdellium, or other providers of content or information, and are protected by U. S. and international copyright law. You are authorized to view, copy, and print these materials but only for your personal and non-commercial use. You are not, however, authorized or otherwise permitted to copy, distribute, store or transmit any of these materials on the Bdellium Site without the express written consent of Bdellium and the copyright owner.
Trademark Notice
All Bdellium logos, trademarks, artwork and other marks that appear on this site belong to Bdellium and are protected under various U.S. and international trademark laws. We Help Business Grow™, Plan Design Optimization Report™, PDOR™, Retirement Readiness Ratio™, Investor Preference Analysis Chart™, IPAC™, Performance Auto-Scoring System™and BdTools™are trademarks or a registered trademark of Bdellium in the U. S. and other countries. All logos, trademarks, artwork and other marks that appear on this site which do not belong to Bdellium are owned by their respective organizations and are protected under various U. S. and international trademark laws.
Privacy Policy
Bdellium respects your privacy rights. We have developed a Privacy Policy to inform you about our privacy practices. Please visit our Privacy Policy section for more information.
Safe Harbor Statement
Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Bdellium. We wish to caution you that these statements are only estimates and those actual events or results may differ materially.
Using Content on the Site
You may view, download, and print content from the Site subject to the following conditions: (a) you may use the content solely for information and non-commercial purposes and (b) you may not republish, prepare derivative works, or otherwise use the content except as explicitly permitted herein without the express prior written consent of Bdellium (and which consent may be withheld in Bdellium’s sole discretion). You may not, without the express prior written consent of Bdellium, frame or utilize framing techniques to enclose any trademark, logo, or other content or proprietary information (including images, text, page layout, or form) of Bdellium.
You shall not use the information contained in the Site for any unlawful purpose. In addition, you agree not to hack, attack, damage or send repeated communications to the Site in a manner that is illegal or likely to contaminate, disrupt, destroy, or interrupt the service or content available on the Site or other users’ computers. Lastly, you are prohibited from breaching the security of the Site or otherwise wrongfully accessing, using, or modifying the information of our customers.
Access to the Site may be limited or unavailable at times, due to peak use, service maintenance, repair, upgrades or interruptions, or for other reasons. We will try to restore access promptly, or within a reasonable time given the reasons for limited or interrupted access.
Nothing on the Site shall be construed as granting you any license or other rights to the intellectual property of Bdellium.
Third Party Content or Material / Links to other Web sites
Bdellium may post or provide links to content, data, or information prepared or provided by third-party providers (“Providers”). Bdellium posts or provides links to such content, data, or information as a customer service and for informational purposes only. Any opinions or recommendations included in such material supplied by Providers to the Site are solely those of the Providers and are not the opinions or recommendations of Bdellium. Bdellium does not review these third party sites, and does not sponsor, warrant, endorse, or confirm the accuracy, reliability, completeness or timeliness of any such content, data or information. You understand and agree that Bdellium is not liable in any way for your use of or reliance on such material.
Accuracy of Data
Bdellium uses reasonable efforts to provide reliable content, data and information for the Site. The Site is provided “AS IS” and is subject to change at any time without notice. Bdellium makes no express, implied or statutory warranties regarding the Site or content therein or accessible there from, and specifically disclaims any warranty regarding the accuracy, reliability, completeness uninterrupted use of or timeliness of content and services within or linked to the Site (including warranties of merchantability, fitness for a particular purpose and non-infringement).
Notices of Infringement and Removal by Bdellium
Bdellium prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Bdellium at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Bdellium will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. ? 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Bdellium’s contact for submission of notices under this Section is Seven Waterfront Plaza, Suite 400, 500 Ala Moana Blvd., Honolulu, HI 96813, USA.
Limitations on Damages
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT BDELLIUM IS NOT HEREIN ENGAGED IN RENDERING LEGAL, TAX, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER FORM OF PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BDELLIUM AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. BDELLIUM SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW NEITHER BDELLIUM NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
You agree to defend, indemnify and hold harmless Bdellium and its employees and agents (“Indemnities”) against all claims, expenses, liabilities, losses, costs and damages, including attorneys’ fees that the Indemnities may incur in connection with your use of the Site or any linked Web site or content.
Entire Agreement
The Terms of Use constitutes the entire agreement between Bdellium and you and supercedes all prior and contemporaneous understandings, representations and agreements, whether written or oral, with respect to the Site.
Governing Law and Jurisdiction
These Terms of Use are governed by the laws of the State of Delaware, without reference to the principles of conflicts of laws thereof. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Arbitration
Any dispute, controversy or claim arising out of or in connection with, or relating to, these Terms of Use, or the breach, termination or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted under the commercial arbitration rules of the American Arbitration Association by one Arbitrator appointed in accordance with the said rules. The arbitration venue shall be as agreed between the parties to the arbitration (“Parties”) or failing such agreement, shall be Wilmington, Delaware. The arbitration award shall be in writing, state the reasons for the award, and be final and binding on the Parties. The prevailing Party herein shall be entitled to recover its costs, disbursements, and reasonable attorney’s fees from the non-prevailing Party following a final judgment. Judgment upon the award rendered may be entered in any court of competent jurisdiction and shall be binding on both the Parties. Notwithstanding the foregoing, the Parties shall have the right to bring judicial proceedings to obtain injunctive relief at any time during the pendency of arbitration proceedings.
If you have any questions regarding these Terms of Use, please contact Bdellium at info@bdellium.com