CONTRACT BETWEEN USER AND BMI Financial Group, Inc. (BMI)
This website is offered on the condition that the terms, conditions and warnings included in the present document are accepted in their entirety. The use of this website constitutes on its own acceptance of these terms, conditions and warnings. This website contains links to other sites or services also operated by BMI. The use of each site by BMI or its affiliates (the websites of the bmicos.com) are also subject to conditions of use, terms and guidelines (if any) contained in the website bmicos.com. In the event that any of the terms, conditions or warnings herein contained contradict the conditions of use or other terms contained in any specific bmicos.com website, the conditions of use and other terms and guidelines of these other BMI websites shall apply. The user agrees to click on the links and learn the conditions for the use and other terms and guidelines encountered through this website and in the bmicos.com website. Also, upon staying in them, the user chooses to use the corresponding pages or services. .
LIMITATION TO PERSONAL USE AND NO COMMERCIAL USE
The website bmicos.com is for personal use and not for commercial use. The user is not authorized to modify, copy, distribute, transmit, disclose, use, reproduce, publish, license, transfer, sell or create derivative work from the information, software, products or services that he may have obtained from this website.
LINKS TO THIRD PARTY SITES
This website and the BMI sites may contain links to online pages operated by third parties, other than BMI. These third parties may be banks, real estate brokers, stockbrokers, email providers or any other type of site. These links are facilitated exclusively for the convenience of the user. BMI does not control these websites and is not responsible for their content. The inclusion of said links does not imply approval of the content by BMI, or the existence of any kind of association between BMI and the companies that operate them. BMI is not responsible for the policies and practices regarding confidentiality or content of these sites. Please read the confidentiality policies of the sites you visit.
Third parties shall only receive user information that he, with his permission, delivers as necessary so that the user and these sites may conduct transactions. The user is not required to provide information, however, once it is provided, it will be stored under an encryption system with a minimum of 56 bit (SSL), which is the industry standard system. The user may decline the delivery of personal information and therefore, will not be allowed to participate in online transactions with other sites, as well as in certain services offered by BMI. The users may modify their personal information by clicking on their user name which appears on the upper left corner of the page. The user may modify or update his personal information whenever he wishes. BMI takes safety measures to protect the information from any loss, misuse or alteration, under its control. These measures include, but are not limited to the use of the encryption system SSL of 56 bit or higher.
EXPLANATION FOR THE “COOKIES”
BMI uses a mechanism called “cookie,” which is information that is stored in the hard disk which contains data about the users. The use of “cookies” is not in any way related or connected to identifiable personal information while the user is at the site. The “cookies” also allow BMI to follow the users’ interests, which will allow it to improve those areas within the website which are of interest to the users.
UNLAWFUL OR PROHIBITED USE
As a condition of use of this Website, you guarantee BMI that you will not use it for unlawful or unauthorized purposed according to the present terms, conditions and warnings.
USE OF SERVICES OF THE WEBSITE
In case this website contains services of message board, chat areas, news groups, forums, services and/or other types of services of messages or communication (heretofore, jointly as “Services”), the user accepts that any information delivered through the services becomes public domain and is available to all the users. Given the public nature of said services, the user shall be careful when deciding which personal information to disclose. The user accepts to use said services exclusively to send and receive messages and materials that are appropriate and related to the subject of the respective forums. For illustration purposes only, but not comprehensive, the user is required to abstain from performing the following activities when using one of our services: Defame, slander, harass, stalk, threaten or violate in any other way the rights (such as the right to confidentiality or to one’s own image) of third parties. Publish, announce, load (send), distribute or disclose any subject, name, information or material not appropriate, profane, defamatory, abusive, obscene, indecent or unlawful.
Load (send) files which contain software or any other material protected by the laws of intellectual property (or by the rights to confidentiality and to own image), unless the user is the owner of said rights or is in control of them, or has received all the necessary licenses.
Send files that contain viruses, defective files or any other software of computer program that may damage the functioning of third party computers.
Announce and offer for sale any product or service, with commercial purposes. Conduct or refer surveys, sweepstakes, pyramid schemes or chain letters. Unload a file sent by another user of a forum when he knows, or should reasonable have known, that said file may not be distributed unlawfully this way. Falsify or omit indication of authorship, legal communications or of any other type, proprietorship designations or tags indicating the origin or the source of the software or of any other material contained in a loaded (sent) file. Limit or prevent any other user from using or enjoying the services
BMI reserves the right to cancel, for any cause, access to one or all the services, at any time and without warning.
BMI is not required to supervise its services. However, BMI reserves the right to disclose, at any time, any information that may be necessary to comply with the law, rules, legal procedures or administrative requirements applicable; furthermore, BMI reserves the right to modify, refuse to publish, or withdraw totally or partially any information or material at its sole discretion.
The user acknowledges that all the services consist of public communications and that, as a consequence, his communications may be read by third parties without his knowledge. He must always act with caution when providing, to any service, personal information that may identify the user himself or his children. BMI does not control or approve the content, the messages or the information found in the services, and therefore, it is exempt from any responsibility that may arise from them, as well as any action resulting from his participation in them. The forum directors and moderators are not authorized spokespersons of BMI and their opinions may not coincide with those of the BMI.
By sending messages, loading files, introducing information or dedicating yourself to any other type of communication through this Website, you are hereby authorizing BMI to:
1. Use, modify, copy, distribute, transmit, announce, perform publicly, reproduce, publish, sublicense, create derivative works, transfer or sell any of said services.
2. Sublicense to third parties the right to perform, without limitations, any of the said rights over the communication.
Among the rights granted to BMI, it is included the right to execute ownership rights over said communications, spanning, on an indicative basis, but not comprehensive, copyright, brands, service brands or patents in any jurisdiction.
SOFTWARE AVAILABLE IN THIS WEBSITE
The “software” (if any) that is available to be unloaded from this website (heretofore the “software”) is protected by copyright to BMI and/or its providers. The use that the user makes of the software shall be regulated by the terms contained in the license contract for the end user, if any, which accompanies or is included with the software (heretofore, the “license contract”). In order to be able to install or use any software that may accompany or be included in a license contract, the user must accept in advance the terms of said license contract. Regarding software that is not accompanied by a license contract, BMI grants the user through this, as user, a personal non-transferable license to use the software solely to access and use the website, according to the present terms and conditions, as long as he maintains intact the notations of copyright and other ownership symbols. Know that all the software contained in this website (including, on an indicative basis but not a comprehensive one, all the HTML codes and the Active X controls) are owned by BMI and/or its providers and is protected by national laws and international treatises about intellectual property. Any reproduction or redistribution of the software is expressly prohibited by law and may entail imposition of severe civil and criminal penalties. Offenders shall be prosecuted to the full extent. Without being limited by the aforementioned, the copy, or reproduction of the software to other servers or places, with the goal of being reproduced or redistributed later is expressly prohibited. The software is only guaranteed (if it is) according to the terms of the license contract. The user acknowledges that the software and any documentation and/or technical information attached are subject to US legislation and regulations on export control. The user commits to not export or re-export the software, directly or indirectly, to any country subject to export restrictions by the USA.
WAIVER OF POSSIBLE RESPONSIBILITY
The information, the software, the products and the services contained in this website may contain inaccuracies or typographical errors. Periodically, changes are added to the information available in this website. BMI or its providers may make improvements and/or changes at any moment. The advice obtained through this website should not be considered to make personal, medical, legal or financial decisions. To do that, one must consult the appropriate professional according to personal needs.
BMI or the respective providers do not guarantee the ability, reliability, opportunity and accuracy of the information, software, services or graphics related, contained in this website for any specific purpose. All the information, software, products, services and related graphics facilitated in this website are supplied “as is” and without any kind of guarantees. BMI and/or its providers waive, through the present, any manifestation or guarantee regarding the above mentioned software, information, services and related graphics, including any guarantee or condition implied of marketability, ability for a specific goal, ownership or no offense.
In no case, BMI or its providers shall be responsible for direct, indirect, punitive, unforeseen, special, consequential or any type of damages, including on an indicative basis but not comprehensive, damages for loss of use, data or gains, arising from or related to the use of this website; with the impossibility of the delay in being able to use this website; with rendering services or the lack thereof, or to which access is granted or otherwise obtained through this website, be it contractually, extracontractually, objective responsibility or any other type, including if BMI or any of its providers have been notified of the possibility of damages. Due to the fact that some states/jurisdictions do not allow the waiver of the responsibility for consequential or incidental damages, it is possible that the aforementioned limitation does not apply. If the user is not satisfied with part of the content of this website or with any of its conditions of use, his sole and only recourse will be to discontinue its use.
For the solution of problems or questions related to this Website, contact BMI through email@example.com
BMI reserves the right to deny at its discretion, at any time and with no need for warning, access to any user to this Website or any part therein.
MODIFICATION OF THE PRESENT TERMS AND CONDITIONS
BMI reserves the right to modify the terms, conditions and warnings on the bases of which this Website is offered.
This contract shall be ruled by the legislation of the Miami-Dade County, FL, USA. You shall submit to the courts of Miami-Dade County, FL, USA, for the resolution of all the conflicts derived or related to the use of this Website. The use of this Website is prohibited in all those jurisdictions that do not recognize the validity of the present terms and conditions, including the present paragraph. You acknowledge that the present contract or the use that you make of this Website do not create between you and BMI a joint-venture, partnership, working relationship, or agency relationship of any type. Compliance with this contract by BMI is subject to the legal procedures and to the valid legislation, and no disposition of this contract shall distort BMI’s right to comply with any legal or administrative requirement related to the use that you make of this Website or with the information facilitated or compiled by BMI as a result of said use. If any clause of this contract (including, with no limitation, the clauses of waiver of guarantees and limitation of responsibility above mentioned) shall be declared void or non-enforceable according to the current legislation, said clause shall be considered replaced by a valid and enforceable one that most closely resembles the goal of the earlier. The remaining contractual clauses shall continue fully enforceable. This contract constitutes the complete agreement between the user and BMI regarding the use of this Website, and replaces any and all previous or contemporary proposals and communications, whether they are electronic, verbal or written, between the user and BMI regarding said site. A printed version of this contract, and of any warning given electronically shall be admissible at any legal or administrative proceeding based on this contract or related to it, by the same measure and subject to the same conditions by which documents and commercial registries originally created and maintained in printed form may be admissible. Fictitious names of partnerships, products, persons, characters and/or data that are mentioned in the present do not intend to identify any real person, partnership, product or event. All rights not expressly granted in the present contract are preserved.
NOTIFICATION OF CHANGES
This policy may be revised at the time new services are added to the site. BMI shall announce said changes prominently, so that the user shall always be informed about the type of information BMI collects, as well as being able to use it and it will be provided to or shared with someone. Please, visit this section to see modifications made to the conditions of use of bmicos.com
ROYALTIES AND BRANDS WARNING
All the content of this Website is the Copyright 2000, BMI Financial Group, Inc., 8950 S.W. 74th Court, Miami, FL 33156 U.S.A. All its rights are reserved. http://www.bmicos.com and http://www.bmipreferred.com and other names or products of BMI Financial Group, Inc. and/or service are registered brands of BMI Financial Group Inc. All other registered brands that appear at http://www.bmicos.com are the property of their owners.
bmicos.com contains material subject to copyright, registered brands and other patented information, including software, photos, graphic images, music and sound, not limited to these options. All the content of bmicos.com is registered with copyright as a collective work, under the copyright laws of the Miami-Dade County. BMI owns the copyright to the selection, coordination, order and improvement of this content, as well as over the original content. The subscriber cannot modify, publish, transmit, participate in the transference or sale, create derivative work or participate in any other kind of type of exploitation of any of its contents, be it totally or partially. The subscriber may use material subject to copyright for personal use. Unless copyright law expressly permits it, no type of copy, redistribution, retransmission, publication or commercial exploitation of the material taken from the net is permitted, without the express permission of BMI and of the copyright owner. In case of permission for the copy, redistribution or publication of the copyrighted material, there shall be no omission of mention to the author, mention to the registered brand and the note to the copyright. The subscriber is aware that he does not acquire any rights of ownership due to the simple fact of taking copyrighted material from the net.
THIRD PARTY CONTENT
BMI is a distributor (and not an editor) of content provided by third parties and subscribers. Consequently, BMI does not have editorial control over said content greater than that of a public library, a bookstore or a newsstand. All opinions, advice, statements, services, offers or other information or content, expressed and made available by third parties, including providers of information, subscribers or any other user of bmicos.com belong to their respective authors or distributors, but not to BMI. BMI or any other provider of third party information do not guarantee the accuracy, scope or usefulness of any content, or its marketability or ability of being adapted for any specific purpose. (Consult the section “Waiver of Possible Responsibility” for all the clauses that regulate limitation of responsibility and waiver of guarantee). In many cases, the content available through bmicos.com represents the opinions and judgments of the respective provider of the information, subscriber or other extra-contractual user of BMI. BMI does not support, or is responsible for the accuracy or reliability of any opinion, advice or statement expressed at bmicos.com, by any person who is not a spokesperson authorized and employed by BMI, in the performance of his duties. Under no circumstance, BMI shall be responsible for any damage or harm caused due to the trust of the user on information obtained through bmicos.com. It is the responsibility of the subscriber to evaluate the accuracy, scope and usefulness of any information, opinion, advice or other content available through bmicos.com. He must seek advice from professionals, as advisable, regarding the evaluation of any specific information, opinion or advice or other content.