And now, a word from our lawyers...
The materials in this website are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials on this website will be uninterrupted or error-free, that defects will be corrected, or that our website or the servers that make such materials available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on our website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from our website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from our website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representation or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Copyright and License:
The product(s) delivered to paying customers of BMSW are completely original. The full copyright to the products and other materials delivered to you, as a customer of BMSW, is retained by BMSW and/or its affiliates and partners.
Your use of the delivered products and other materials available from BMSW is for your personal, noncommercial use only. You agree that you will not distribute, publish, transmit, display or create derivative works from or exploit the products and/or contents of BMSW without the prior written consent of BMSW. You agree to indemnify, defend, and hold harmless BMSW for any and all unauthorized uses you may make of any material available from this website. Any unauthorized use of the delivered products and/or content of this website may subject you to civil or criminal penalties.
You are entirely responsible for all activities that occur under your use of our website. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including 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 claims arising from your use of our website. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability:
Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, our website or materials or functions or products or services offered on any such site, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to negligence or otherwise) exceed the amount paid by you, if any, for accessing our website and/or purchasing products or services offered on our website.
Unless otherwise specified, the materials in our website are presented solely for the purpose of entertainment. Those who choose to access our website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using BMSW, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of our website and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to our website may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of our website and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Suffolk County, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Contact us at holler (at) bestmanspeechwriter (dot) com or by calling us at 631.867.2881.
Should any user of BMSW provide BMSW with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential, and BMSW assumes no obligation to protect such information from disclosure. The submission of such information to BMSW shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by BMSW for any purpose whatever, and BMSW shall be free to reproduce, use, disclose or distribute the information to others without restriction. Any personal data that you provided will be treated as set forth below.
BMSW does not want to receive confidential or proprietary information from you through this website or any BMSW affiliated email address(es). Please note that any information or material sent to BMSW through any link provided on this website will NOT be deemed to be confidential. By thus sending BMSW any information or material, you irrevocably grant BMSW an unrestricted, worldwide license to use, distribute, display, reproduce, perform, modify, and transmit those materials or information, and you also agree that BMSW2is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
BMSW disclaims responsibility for the privacy policies and customer information practices of third-party Internet sites linked to our website.