Acceptance of Terms
Use Restrictions and Indemnification
You represent, warrant and covenant that: (a) You will not at any time upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which:
(b) You will not use any username and/or password to access the Web Site that was not assigned specifically to you by BULKITRADE, and by using the Web Site, you agree and acknowledge that the user name and passwords assigned to you are for your use only and are not to be shared with others; and (c) You are at least eighteen (18) years old (even if the age of majority defined by the laws of your nation, geographic region or other locational jurisdiction define the age of majority as younger than age 18).
You hereby agree to indemnify, defend and hold BULKITRADE, and all its officers, directors, owners, agents, employees, information providers, affiliates, subsidiaries, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, applicable costs of court and other enforcement, and reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or of the foregoing representations, warranties and covenants, or arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Web Site, regardless of the type of claim or nature of the cause of action including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. BULKITRADE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of BULKITRADE.
The material provided on this Site is protected by law, including but not limited to, United States Copyright Law and international treaties. Please see BULKITRADE’s Copyright Restrictions, incorporated herein, for terms and conditions of use of copyrighted material on, in and of this Web Site.
U.S. Government Restricted Rights
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of BULKITRADE‘s proprietary rights in any and all such materials, regardless of any extent to which such materials may be expressly titled or otherwise marked as proprietary to BULKITRADE and/or any affiliate thereof.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BULKITRADE, ITS AFFILIATES, ITS SUBSIDIARIES, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR BULKITRADE‘S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR BUSINESS INTERRUPTION OR LOSS OF PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS WEB SITE, OR ON ANY HYPERLINKED SITE AND/OR SITE RELATED TO OR AFFILIATED WITH ANY PRODUCT OR SERVICES SOLD OTHER OTHERWISE PROVIDED HEREUNDER, EVEN IF BULKITRADE OR ANY AUTHORIZED REPRESENTATIVE OF BULKITRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THE WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ARE IRREVOCABLY ASSUMING ANY AND ALL COSTS THEREOF OR ARISING THEREFROM. TO ANY EXTENT THAT YOUR STATE OR OTHER GEOGRAPHICAL JURISDICTION DOES NOT ALLOW THE FOREGOING EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSIONS WILL APPLY TO YOU TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Non Personal Data; Hold Harmless; Our Transmissions
BULKITRADE may enable visitors to post reviews, comments, and other content to the Site. Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by BULKITRADE or its affiliates for any purpose whatsoever, including but not limited to the development of sales and marketing products. BULKITRADE has no obligation with respect to any such material, information or ideas, and you agree to hold BULKITRADE and its affiliates, subsidiaries, their directors, officers, employees, agents or representatives, expressly but without limitation including BULKITRADE’s suppliers, harmless for any and all use of all or any part of such materials by any such entity or person.
BULKITRADE does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information is and shall remain at your sole risk. BULKITRADE reserves all rights, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.
Your use of any of the Web Site’s various features may be reviewed and analyzed by BULKITRADE at any time. Although BULKITRADE may review your usage of the Web Site, it has no obligation to review or monitor any materials posted to the Web Site by users, and BULKITRADE is not responsible for any such materials posted by users.
BULKITRADE reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, court order, or government request; or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BULKITRADE’s sole discretion are objectionable or in violation of this Agreement; or to monitor and analyze any usage of the Web Site as BULKITRADE deems necessary.
Privacy; Waiver of Infringement and Other Claims
You acknowledge that transmissions to and from this Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to BULKITRADE, no confidential, fiduciary, contractually implied or other relationship is created between you and BULKITRADE other than pursuant to this Agreement.
To the fullest extent permitted by applicable law and regulations, you hereby waive all rights to any claim against BULKITRADE for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
Our Links; Limit of Liability
This Web Site may provide links to other web sites or resources. These links are provided by BULKITRADE only as a convenience. The inclusion of any link does not imply any affiliation, association, adoption, or endorsement by BULKITRADE of the site or any of the information or content therein. Because these linked sites and resources are not under the control of BULKITRADE, you acknowledge and agree that BULKITRADE is not responsible or liable for the content, advertising, products, services, or other materials on any linked site or any review, changes, or updates to such sites, or any use thereof. It is your and every user’s responsibility to take precautions to ensure that whatever linked site and/or other resource is selected, that it is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Term of Use Revisions
Disclaimer of Warranties
THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BULKITRADE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER: FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE; FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES; OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, BULKITRADE AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BULKITRADE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) UPON WHICH IT IS NOW OR HEREAFTER HOSTED IS, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BULKITRADE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
BULKITRADE shall not be liable for delays or defaults in furnishing the services or products hereunder including technological, computer hardware or software errors, delays or breakdowns and including any delays or defaults on the part of BULKITRADE that are due to causes beyond the reasonable control of BULKITRADE, including those caused by attacks from unauthorized users who access BULKITRADE’s technological infrastructure, and expressly including such “Acts of God” or other events of force majeure beyond BULKITRADE’S reasonable control.
Copyright 2021 by Bulkitrade, Inc.