Website Terms and Conditions of Use
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Welcome to www.thebcat.com (the "Website"). Mansbach Health Tools, LLC ("MHT", "We" or "Us") has included a wealth of information and functionality for users of Our Website, all of which is provided subject to the following Website Terms and Conditions of Use set forth below. These "Terms of Use" are an agreement between You and Us and govern Your access to and use of this Website. In these Terms of Use, the terms "You" and "Your" includes you individually and the company or employer you work for, if you are accessing the Website for purposes related to your employer's business.

Introduction: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE! IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A CHOICE OF FORUM CLAUSE. By accessing this Website, You acknowledge, represent and warrant that: (i) You have read and understand these Terms of Use; (ii) You are at least eighteen (18) years of age; (iii) You have and will access the Website and provide information to Us with the bona fide intent to use or to evaluate the Website, and not with an ulterior motive, such as to download portions of the Website to compete with Us or provide information to one of Our competitors; and (iv) in using the Website, You will comply with all applicable international, country, federal and state laws, rules and regulations. If You do not agree to these terms and conditions of use, You may not access or otherwise use this Website and You should exit the Website immediately.

Acceptance; Amendments

Your use of the Website indicates your agreement that these Terms of Use and the Website Privacy Statement govern Your license to access and use the Website and materials and information posted on the Website. We reserve the right, at Our sole discretion, to change, modify, add or remove any portion these Terms of Use and/or any of our Website policies at any time by posting revisions to the Website. If you make use of the Website after any changes are posted, that use shall constitute your acceptance of each revised Website policy. If you do not agree to the terms of these Terms of Use, Our Privacy Statement or any revised Website policy, you must exit the Website immediately.

Information we Provide is not Medical Advice

In providing information and materials on the Website, We are not rendering medical or other professional services or advice; and You acknowledge that the Website and the BCAT® are provided for information purposes only, and are not intended to be nor should You consider any information therein as medical advice. Please consult a licensed physician or appropriate healthcare provider for medical advice. The statements on the Website and in the BCAT® have not been evaluated by the FDA. The Website and the BCAT are not intended to diagnose, treat, cure, or prevent any disease or condition. Reliance on any information provided by MHT, its employees or others appearing on the Website is solely at your own risk. The owner of this Website and the BCAT, LLC and its Member Dr. William Mansbach, individually are not responsible for your use, or misuse, of the information provided in the Website or in BCAT.

Children's Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. We cannot prohibit minors from visiting this site. We must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise and OnGuard Online. Please note that We do not endorse any of the products or services listed at such websites.

Copyright and Limited License

The Website, and all words, pictures, content graphs, charts and other matters presented or made available on the Website sourced from Us are Copyright 2012 Mansbach Health Tools, LLC (the "Information"), is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Website are only for Your personal, and/or internal business practice use. All other rights of MHT in BCAT and the Website are expressly reserved to MHT. All materials contained on Website are protected by copyright, and are owned or controlled by Us. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website. We grant You a limited, non-exclusive, revocable license based on your membership level (inclusive of all paid levels) to make use of the Information for Your own personal, internal business purpose use only; You may copy and/or download items displayed on this Website for personal or internal business purpose use only which are subject to restrictions below, and provided that You maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, internal business use is expressly prohibited without the prior written permission from MHT or the copyright holder identified in the individual Contents copyright notice. You will not present the material of the BCAT or the Website to others as material created by You. You shall not reproduce, make derivative works from or modify any of the materials in BCAT or the Website without the prior written consent of MHT. You may not distribute copies of materials from the BCAT or the Website in any form without prior written permission from MHT.

NO COMMERCIAL EXPLOITATION OF THE CONTENT OF THE WEBSITE IS PERMITTED. THIS PROHIBITION INCLUDES BUT IS NOT LIMITED TO PRINT, ELECTRONIC OR BROADCAST MEDIA. YOU MAY NOT REPRODUCE OR REPRINT (ELECTRONICALLY OR HARD COPY) BCAT OR ANY MATERIALS FOUND ON THE WEBSITE FOR PUBLICATION IN ANY PUBLICATION OR MANNER (MEDIA, ELECTRONICALLY OR HARD COPY), AND YOU MAY NOT REPRODUCE ANY OF THE CONTENT OF THE WEBSITE FOR USE IN PRESENTATIONS OR LECTURES WITHOUT PRIOR WRITTEN PERMISSION FROM US. YOU MAY NOT POST IT ON ELECTRONIC BULLETIN BOARDS. YOU MAY NOT FORWARD THE ITEMS TO THIRD PARTIES. YOUR LICENSE TO USE THE CONTENTS OF THE WEBSITE SHALL BE NARROWLY CONSTRUED. IF A RIGHT IS NOT SPECIFICALLY GRANTED IT IS RESERVED TO MHT.

ANY REQUESTS FOR PUBLICATION OR REPRINTS SHOULD BE DIRECTED TO MHT CARE OF: info@thebcat.com

Information Collection Practices

To the extent this Website permits You to register to gain access to areas of the Website restricted to clients, patients, vendors, or other persons who have a relationship with Us (the "Restricted Areas"). All Personal Information You provide to us in connection with your registration will be handled in accordance with Our Privacy Statement. If at any time any Personal Information You provided to Us is incorrect or has changed, please log back in and correct such information or contact us as provided later in this document.

Misuse of the Website

You violate our Website policies and these Terms of Use when You make any use of the Website or any Website information that is not in conformity to the Privacy Policy. We do not consent to Your use of the Website after a violation of the Acceptable Use Policy.

No License to Trademarks

All trademarks, service marks, tradenames or other identifying marks displayed on the Website, including and not limited to Mansbach Health Tools and BCAT™, (the "Marks") are owned by Us and/or Our licensors. Except as applicable law may otherwise provide, or as We may otherwise agree in a signed, separate writing, We do not consent to any use of the Marks by any person and do not grant You any right to use the Marks displayed on this Website.

Linking to the Domain; No "Framing"

We permit reasonable, good faith and non-defamatory links to the Website so long as: (i) it is clear in the link reference that Mansbach Health Tools does not endorse the contents of the referring page and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our Marks (though our wordmarks may be used if proper credit is provided on the page). We do not consent to "framing" Our content or any Website information inside of any other page.

Available Remedies

We do not censor, validate, review, edit, verify, warrant or vouch for the accuracy and quality of any postings that You place, or provide for placement, on the Website, or any Website information that You may acquire from or view on the Website. Further, We do not, as an ordinary practice, monitor the communications of Website users to ensure that they comply with these Terms of Use or applicable law. When We become aware of harmful activities, in Our sole and unfettered discretion We may take action to stop the harmful activity, including but not limited to, removing Website information or Your postings, shutting down a link, implementing screening software designed to block offending transmissions, or any other action We deem appropriate to correct the conduct and/or prevent its reoccurrence. Moreover, We are required by law to: (i) notify law enforcement agencies when We become aware of the presence of child pornography on or being transmitted through the Website; and (ii) remove or block access to Website information and postings upon receipt of a proper notice of copyright infringement. It is also Our policy to terminate the privileges of users who commit repeat violations of copyright laws, and We reserve the right not to accept postings from You or from anyone else where we have actual knowledge that the contents thereof violate these Terms of Use. All remedies are non-exclusive.

To the extent Information on the Website includes advertising, promotions or other sales related data, We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You.

Third Party Sites

The Website contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from Website to other third party sites, maintained by third parties, do not constitute an endorsement by MHT of any third party resources, or their contents. Your visit to any third party website if governed by the terms of use and privacy applicable to that website. It is always a good idea to read the terms of use and privacy policy on any third party website that You visit.

Term & Termination

Your right to use this Website is effective from the date You first enter this Website and, unless terminated as provided herein, shall continue until: (i) You breach or default in performance of these Terms of Use or any other written agreement with Us (inclusive of paid registration, membership, or licensing fee); or (ii) You object to any subsequent modification by Us of these Terms of Use or any other Website policy; or (iii) You notify us in writing of Your election to terminate Your membership registration. In addition to any other remedy available to Us, We may, upon Your violation of these Terms of Use, terminate Your membership registration or Your ability to access or place postings on or through the Website. Furthermore, We may also refuse all pending postings placed by You through the Website. Upon any termination of these Terms of Use, You will immediately cease all use of this Website, and You shall remain liable for all transactions conducted and postings placed by You using this Website prior to termination. Any termination of these Terms of Use between You and Us will NOT terminate any other written agreement between You and Us.

Indemnity

You hereby agree to indemnify, defend and hold MHT, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of Your use of the Website, Your postings on the Website, forums or discussions, any breach by You of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. MHT 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 MHT.

Disclaimer of Warranties

WE AND OUR CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU ABOUT THE SUITABILITY, ACCURACY, QUALITY OR RELIABILITY OF THE WEBSITE INFORMATION, ANY OF ITS CONTENTS OR POSTINGS FOR ANY PURPOSE. ALL WEBSITE INFORMATION, CONTENTS INCLUDING BUT NOT LIMITED TO THE BCAT AND POSTINGS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE INFORMATION OR POSTINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING UNDER SUBTITLE 4 OF TITLE 22 OF THE MARYLAND ANNOTATED CODE COMMERCIAL LAW ARTICLE. THERE IS NO WARRANTY THAT ANY WEBSITE INFORMATION, POSTINGS, CONTENT, EFFORTS, SERVICES, THE WEBSITE OR ANY SYSTEM PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

Limitations

YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR ANY WEBSITE INFORMATION, CONTENT INCLUDING BUT NOT LIMITED TO THE BCAT, SUBMISSION OR POSTING IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT SUCH WEBSITE INFORMATION, SUBMISSION OR POSTINGS; UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, COSTS OR FEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ACTUAL, COMPENSATORY, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT OCCASIONED BY OUR NEGLIGENCE. FURTHER, IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR WEBSITE INFORMATION, CONTENTS INCLUDING BUT NOT LIMITED TO THE BCAT, SUBMISSIONS OR POSTINGS AVAILABLE ON THE WEBSITE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Electronic Communications

You agree to transact business with Us using electronic communications, either via web forms on the Website, or via email. Electronic communications will be deemed received by You when Your email system reports that any email we send You has been received by Your system, regardless of whether You ever actually open or read such email. We may, but are not required, to use return receipt requests. Unless specifically required by applicable law, You consent to receive all notices, information, and other communications from Us concerning any subject matter, via electronic email. It is Your responsibility to maintain a valid email address, and we may terminate Your access to the Website at any time that we determine You are in violation of these terms of use, or fail to maintain a valid email address.

Notice on Confidentiality

You acknowledge that transmissions to and from this Website are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to MHT, no confidential, fiduciary, contractually implied or other relationship is created between You and MHT other than pursuant to this Agreement.

Choice of Law & Forum; Attorney's Fees

These Terms of Use shall be governed and construed by the laws of the State of Maryland, exclusive of its conflicts of laws provisions. Any controversy or claim arising out of or related to these Terms of Use shall be settled exclusively by the State or Federal courts of Baltimore, Maryland, and THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS. If You breach these Terms of Use or any other Website policy and We incur attorneys' fees to enforce such policies, We shall be entitled to receive, and the court shall award, Our reasonable attorneys' fees and costs incurred in such action.

Miscellaneous

These Terms of Use and all documents referenced herein constitute the entire agreement, and amend all written agreements, between You and Us. Nonetheless, the terms and conditions of any written agreement executed by and between You and Us shall control over any contradictory or conflicting terms and conditions of these Terms of Use. If any section of these Terms of Use is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section will be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from these Terms of Use and the rest of these Terms of Use will remain in full force and effect. We may assign Our rights and responsibilities hereunder, in whole or in part, to any person or entity at any time. You may not assign Your rights and responsibilities under these Terms of Use without Our prior written consent. You agree that no joint venture, partnership, employment or agency relationship exists between You and Us as a result of these Terms of Use or Your use of the Website.

Questions or comments regarding these Terms of Use should be directed to Us here or by emailing Us at info@thebcat.com.

Acceptable Use Policy of Website

You agree as follows in respect of the acceptable and unacceptable uses of the Website (as defined in the Terms of Use). You will not and agree not to:

  • Use or attempt to use the Website for any illegal, abusive or unethical activities as determined by us in our sole discretion, which include by example and not limitation, transmission of illegal pornographic material, invasion of privacy, defamation, infringement of another person's copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts.
  • Send unsolicited bulk mail messages ("junk mail" or "spam"). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if you assert that your activities are authorized by applicable law, you shall provide an opinion of reputable counsel establishing a basis upon which your actions are taken. Malicious or threatening e-mail is also prohibited. Normally we will assume that you are in compliance with this provision, however, if an upstream provider blacklists our IP range or mail server as a result of activities we trace to you, we will presume that you are in violation of this provision.
  • Breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.
  • Impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email or TCP/IP header, or misrepresent authorization to act on behalf of others or us. All messages and packets transmitted via the Internet Service should correctly identify the sender and source; you may not alter the attribution of origin in electronic mail messages or posting.
  • Undermine the security or integrity of computing systems or networks or gain unauthorized access or control over our computers or any other person's computers.
  • Permit another person to use your resources or the Website to conduct any of the matters you are prohibited from doing.
  • Distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Website may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.
  • Take any action that would cause us to violate any terms of an upstream service provider's acceptable use policy.
  • Engage in any activity disruptive or abusive towards Our members or to Website operations, including and not limited to:
    • Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment or disrupt Website operations;
    • Degrade or impair the operation of Our servers and facilities or the servers and facilities of other network hosts or Internet users;
    • Post messages or software programs that consume excessive CPU time or storage space; and/or
    • Subvert, or assist others in subverting, the security or integrity of any of Our systems, facilities or equipment.

The above list of acceptable and unacceptable uses of the Website is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in our sole discretion to determine whether any particular conduct is an acceptable use of the Website. In cases where we determine you engaged in conduct that you reasonably believed did not violate this policy in good faith, we will provide you electronic notice of our determination that such conduct is not an acceptable use, and provided you cease such conduct not later than 24 hours after such notice, you will not be considered to be in breach of this Agreement.