Last Revised 20 April 2012
you and BMCI CORPORATION (“BMCI”) concerning your use of the Service. By using
the Service, you agree to and accept this Agreement, including the specific limitations set forth in Sections 2, 5, 8, and 10.1.
you MAY USE THE SERVICE ONLY IN
ACCORDANCE WITH THIS AGREEMENT. IF you DO NOT AGREE WITH ALL THE TERMS OF THIS
AGREEMENT, you SHALL NOT BE ENTITLED TO USE THE SERVICE.
The terms “you” or “your” refer to the person or legal
entity registering through the Service.
The term “Service” means the Website including BMCI
HorseShowOffice.com™ online registration service located on the Website which
allows you to register for certain horse show events sponsored, organized, and
operated by a Show Organizer.
The term “Show Organizer” means third-party horse show
sponsors, organizers, and operators.
The term “Website” means the BMCI website located at
HorseShowOffice.com and related websites.
2. USE OF THE SERVICE. You agree
to use the Service only for lawful registration of horse show events, or otherwise
intended. You shall not: (1) misrepresent any information in your registration
or otherwise; (2) restrict or inhibit use of the Service by others; (3) upload
or otherwise transmit files that contain a virus or corrupted data; or (4)
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Service.
You understand and acknowledge
that you are responsible for whatever you submit to the Service and you, not
BMCI, have full responsibility for it, including its legality and reliability.
By uploading or otherwise transmitting information or other material to the
Service, you warrant that the information and material is accurate. You grant
to BMCI and the Show Organizer the right to use all information or other
material uploaded or otherwise transmitted to the Service in any manner BMCI or
the Show Organizer determine to be necessary to properly process your entry.
This includes, but is not limited to, copying, displaying, performing or publishing it
in any format whatsoever, modifying it, or incorporating it into other
BMCI may change, suspend, or
discontinue the Services at any time, including the availability
of any feature, or content. BMCI reserves the right, at its discretion, to
modify this Agreement at any time by posting a notice on the Website, or by
sending you a notice via email or postal mail. You shall be responsible for
reviewing and becoming familiar with any such modifications. Use of the Service
by you following such notification constitutes your acceptance of the terms and
conditions of this Agreement as modified.
3. ONLINE REGISTRATIONS AND
PAYMENTS. All registrations and payments made through the Service are governed
by this Agreement and any other terms specified on the Website as applicable to
such registrations or payments. All confirmed registrations and payments are
final once payment is submitted. BMCI does not issue refunds. Any event
sponsored or operated by a Show Organizer is not the responsibility of BMCI and
you agree to hold BMCI and its agents harmless from any liability or injury
arising from or related to your participation in any such event or your payment
for such event. Show Organizers have provided some of the information included
in the Service and BMCI neither verifies, certifies, nor is responsible for the
accuracy or completeness thereof.
4. OWNERSHIP. All right, title,
and interest in the Service and in any ideas, know-how, code, derivative works
or intellectual property associated therewith, including without limitation any
feedback, data, answers, questions, comments, suggestions, plans, ideas or the
like, whether or not such information is provided in response to solicitations
on the Service, by you shall at all times remain solely and exclusively the
property of BMCI.
5. DEALINGS WITH EVENT SPONSORS
AND OTHER THIRD PARTIES. If you choose to register for an event or engage in
transactions with any Event Sponsor or other third parties through the Service,
you acknowledge and agree that BMCI is not a party to, and will not be
responsible for, your interaction with such individual or business, including
such party’s treatment of your information and the terms and conditions
applicable to any transaction between you and such party. The terms of your
interaction with such party are solely between you and such party. You agree
that BMCI will have no responsibility or liability for any loss or damage of
any kind that you may suffer as the result of any such interaction on the
6. EVENT SPONSOR AND THIRD-PARTY
INFOMRATION. BMCI does not assume any liability for Event Sponsor or Third-Party
materials or information provided on, or available through, the Service (the
“Third-Party Content”). Any of the Third-Party Content may include technical,
accuracy, or typographical errors. Reliance on such Third-Party Content is
solely at your own risk. BMCI disclaims any liability for injury or damages
resulting from the use thereof.
7. THE SERVICE IS DISTRIBUTED “AS
IS” WITHOUT ANY WARRANTIES, WHETHER WRITTEN, ORAL, STATUTORY, EXPRESS OR
IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BMCI SPECIFICALLY
DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. This waiver of warranty affects your specific legal rights;
you may have rights which may vary depending upon where you are located. Some jurisdictions
do not allow limitations on implied warranties, so the limitations above may
not apply to you.
8. SUPPORT. BMCI provides limited
customer support. Contact information for BMCI’s support staff can be found on
its website located at http://www.horseshowoffice.com/contact.asp.
BMCI has no obligation to provide
professional Service upgrades, modifications, or new releases to the Service
under this Agreement. BMCI may voluntarily provide some or all of these items;
should BMCI do so, any such action shall not be considered a waiver of this
9. LIMITATION OF LIABILITY. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BMCI (AND ITS LICENSORS OR
SUPPLIERS) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR
THE USE OF THE SERVICE, HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER SUCH DAMAGES
ARE CLAIMED IN TORT, CONTRACT OR OTHER ACTION, EVEN IF BMCI HAS BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BMCI’S LIABILITY FOR ANY
CLAIM WHATSOEVER HEREUNDER (OR ASSOCIATED HEREWITH) EXCEED THE AMOUNT PAID BY
CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING
THE CLAIM. Some jurisdictions do not allow for the exclusion or limitation of
incidental or consequential damages, so the limitations above may not apply to
10.1 Miscellaneous. Except to the
extent applicable law, if any, provides otherwise, this Agreement shall be
governed, construed and enforced in all respects by the laws of the State of
Michigan, excluding its choice of law/conflict of law provisions, and shall not
be governed by the United Nations Convention on Contracts for the Sale of Goods.
Unless BMCI elects (in its sole option) to proceed in your local jurisdiction,
the jurisdiction and venue of any arbitration, litigation or other dispute
resolution method between the parties (which arises out of or relates to this
Agreement) shall be exclusively in Oakland County, Michigan; you expressly
submit and consent to such exclusive jurisdiction and venue. Other than BMCI’s
right to seek injunctive relief, any claim or dispute arising out of or
relating to this Agreement shall be decided by confidential binding arbitration
before a single arbitrator. The parties shall equally split the arbitrator’s
fees. You agree to comply with all applicable laws, domestic or foreign. If any
provision of this Agreement is for any reason and/or to any extent determined
to be unenforceable under applicable law, the remaining provisions of this
Agreement shall remain in full force and effect. The failure of either party to
object to or act with respect to any conduct of the other party that is in
violation of the terms of this Agreement shall not be construed as a waiver
10.2 Providing Notice. Should you
wish to or be required to notify BMCI under this Agreement, use the contact
information provided on the BMCI website located at http://www.horseshowoffice.com.