Terms & Conditions

TERMS OF SERVICE AND DISCLAIMER

BUSINESS CAPITAL ALLY, INC (“BCA”) PROVIDES THIS WEB SITE AND RELATED SERVICES SUBJECT TO YOUR AGREEMENT TO AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  YOUR USE OF THE SITE, WHETHER AS A VISITOR OR OTHERWISE, CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING:

1. Copyright Information

All pages within this Internet site (“Site”) are the property of BCA. No portion of the materials on any of these pages may be reprinted or republished in any form without the express written permission of BCA and the designated copyright holder (if different).

2. Servicemark Notice

“Business Capital Ally” and the “Business Capital Ally” logo are trademarks and service marks of BCA. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

3. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

BUSINESS CAPITAL ALLY, ITS AFFILIATES, PARTNERS, MEMBERS, PRINCIPALS, EMPLOYEES,  ADVERTISERS AND SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

The information contained in any written or electronic communication and on this Website are provided for informational purposes only, and should not be construed as legal or tax advice on any subject matter. You should not act or refrain from acting on the basis of any content included in our written or electronic communications or on this Website without seeking appropriate advice on your particular facts and circumstances from professional advisors in your state. The author, contributor, Business Capital Ally, Inc and its owners expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this Website or other electronic forms of communication.

Although BCA attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform BCA so that it can be corrected.

 

4. Miscellaneous

This Agreement to the BCA Terms of Service and Disclaimer is deemed entered into in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state courts sitting in the County of Westmoreland, or the federal courts sitting in the County of Allegheny, in the Commonwealth of Pennsylvania, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. BCA may modify the terms of this Agreement by posting notice of such modification on a page of the Web Site before the modification takes effect.

Your use of the Site constitutes acceptance of the above terms of service and disclaimer.

The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 18 and is offered only to users 18 years of age or older. Any person who provides their personal information through this Network represents that they are 18 years of age or older.

You agree that you will not post, email or make available any content or use this Network:

    • In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
    • in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
    • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
    • in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
    • in a manner that is harmful to minors in any way;
    • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
    • to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
    • to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons’ ability to use this Network;
    • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Network or the content contained therein;
    • to facilitate the unlawful distribution of copyrighted content;
    • in a manner that includes personal or identifying information about another person without that person’s explicit consent;
    • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
    • in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

  • “Stalk” or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
  • Post any content containing child pornography to this Network;
  • Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
  • Post any content that constitutes pornography, contains nudity, or is adult in nature.
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
  • Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network’s infrastructure;
  • Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
  • Use this Network as a generic file hosting service;
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.

To provide notice of alleged copyright infringement on this Network, please refer to the DMCA Notification Guidelines.

You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network’s online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.