TERMS & CONDITIONS
Welcome to the boydconnect.com website(s) (the "Sites"). The Sites aim to provide access to and deliver information about Boyd Connected Services, Inc. (dba Boyd on a Wire), and any/all other affiliates, subsidiaries or parent companies (past, present or future). Collectively these entities shall be referred to herein as “We” or “Us”. "Sites" includes all subpages and subdomains of the main web Sites at boydconnected.com, and spelling variations of Boyd Connected (e.g. boydconnected.com, boydconnectedservices.com and so on), as well as other websites under the boydconnected.com domain, such as account. boydconnected.com, portal. boydconnected.com, dealers. boydconnected.com, help. boydconnected.com, and any other subdomains that We create and/or add to this domain.
Compliance with Terms; Products and Services
You agree to use the Sites only in accordance with these Terms, whether you are a “Visitor” (which means that you simply browse the Sites) or you are a “Member” (which means you have registered with us for the Sites). You must read and should save all of the Terms. If you do not agree with the Terms, do not use our Sites or any of its products, services and/or features. If you register to become a Member you may be required to indicate your acceptance to these Terms during the registration process.
Notwithstanding the foregoing, your purchase or use of any of Boyd Connected’s information, products or services, including visiting/browsing on the Sites, binds you to these Terms. You may also be subject to different or additional terms and conditions of affiliated Sites. Those additional or different terms and conditions will be provided to you prior to your purchase or use of those products and services to which they apply, and will supplement or supersede these Terms as applicable.
Boyd Connected Services may change, amend or terminate any Terms at any time, without notice to You, and such amendment or termination will be effective upon the posting of the revised Terms on the Sites. Your continued use of the Sites after We have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content, products, services or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Sites. Each time you use the Sites you should review the Terms that apply to your use of this Site. The Terms are the entire agreement between you and Boyd Connected Services with respect to your use of the Sites.
Use of the Sites and its services, products, and/or features, and registration to be a Member (“Membership”) is void where prohibited. By using the Sites and its features, you represent and warrant that:
a. You are over the age of 18 and may otherwise enter into and form binding contracts under applicable law;
b. All registration information you submit is truthful and accurate;
c. You will maintain the accuracy of such information;
d. Your use of the Sites and its features does not violate any applicable law or regulation, and
e. You are a human being. With the exception of major search engines such as Google, Yahoo, Bing, etc., “Bots” or automated systems or methods are not permitted without Boyd Connected’s exclusive approval
Boyd Connected Services may change, amend and/or revise the Terms from time to time, and the Terms shall remain in full force and effect while you use the Sites’ information, products, features, services, or while a Member. You may terminate your Membership at any time, for any reason, by cancelling your account through our Sites. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Sites as a Member will terminate.
Upon registering to become a Member, you will be asked to provide a unique username (or email address) and a password. The combination of your username and password will hereafter be referred to as your “Credentials”. While Boyd Connected Services may also employ the use of additional security features, such as (but not limited to) two-factor authentication, you are solely responsible for maintaining the confidentiality of your Credentials. You are not permitted to share or allow anyone else to use your Credentials for access to and/or into the Sites. You must notify us immediately if you suspect any unauthorized use of your account or Credentials. As a Member, you are solely, wholly and ultimately responsible for all use of your account, so be thorough in protecting its confidentiality.
Your Use of the Sites
Users and/or Members have a non-exclusive, non-transferable license to access the Sites, to view information and data contained within the Sites, information and data provided to you via the Sites, and to interact with the Sites solely for your own lawful use or for the benefit of your company or employer. You agree to use the Sites only for lawful purposes. You agree not to retransmit, sell, lease, market, rent, sub-lease, disclose, publish, sublicense, or transfer the Sites or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to reverse engineer, modify, make a copy of, make derivative works of any portion, translate, or copy any portion of the Sites. You agree not to tamper with, interfere with, alter or damage the Sites in any way. You agree that any information provided to the Sites or to Boyd Connected Services , Inc. is not misrepresented or fraudulent in any way.
Products, Services and Features
We may make certain products, services and features available for you to use. The products, services and/or features may only be used for the reason that We have offered it. We reserve the right to remove or modify a product, service and/or feature at any time, and without any notice to you.
Licensing and Payments for Third Parties
Our Sites integrate with and link to many other websites and systems as part of our product and service offering. These other integrated sites and systems (“Third Party Integrations”) may or may not fall within a formal partnership between Boyd Connected Services and that entity. Your use of those goods, products or services from those Third Party Integrations may require payment and/or licensing for use of their systems, goods, products or services. Boyd Connected Services , in no form or fashion is responsible for your license(s) and/or payments to Third Party Integrations. Boyd Connected Services is further not responsible for the accuracy, timeliness, completeness, accreditation of Third Party Integrations licenses, or access to their systems or web sites. You agree to hold Boyd Connected Services harmless from any claims or liabilities arising from the Sites or any other websites referenced by the Sites, and shall defend and indemnify Boyd Connected Services from any such claims, including reasonable attorneys’ fees.
Services and Contract
On the Sites, you will have various capabilities to interact with Third Party Integrations, including, but not limited to, direct or indirect interaction, sign-up, comparison of prices, products or services, usage of, integration of and into our Sites, purchasing goods, products and/or services, termination of your use of Third Party Integrations, and/or extension of the use of your Third Party Integrations. These Third Party Integrations may include individual contributors such as Boyd Connected Services Users or Members, or they may be companies of varying status and stature.
As a result, you acknowledge that Boyd Connected Services may not be the operator or owner of the technology, goods, products or services provided by the Third Party Integrations and is therefore not responsible for the performance or lack thereof, of the Third Party Integrations. In such cases, Boyd Connected Services is not the license holder or contractual party for the Member or the User, but only an agent providing the technical connection to the Third Party Integration’s goods, products or services, as a convenience to you.
By utilizing the goods, products or services of the Third Party Integrations, you agree to be bound by the terms, conditions, licensing and payment for services of that Third Party Integrations provider. The terms and conditions of the Third Party Integrations companies can be viewed on their websites and we recommend you read them carefully. You agree to hold Boyd Connected Services harmless from any claims or liabilities arising from use of Third Party Integrations, and shall defend and indemnify Boyd Connected Services from any such claims, including reasonable attorneys’ fees.
Once a connection is made between you and the Third Party Integrations company on or through our Sites, your services and relationship is governed by your service agreement, or terms and conditions, entered into between you and the Third Party Integrations company. You must adhere to that contract. Boyd Connected Services may or may not be a party to any such agreement. Regardless, you agree to hold Boyd Connected Services harmless from any claims or liabilities arising from such contract or relationship with Third Party Integrations companies.
This agreement is not affected by any other agreements between you and the Third Party Integrations company/companies.
We may, but are not obligated to, allow you to share information with other Users or Members by uploading and/or posting digital works such as text, files, information, images or photos, video, sounds, musical works, works of authorship, scanned files, technology applications, or any other materials (collectively, “Content”) for display on the Site. You should carefully choose the information that you upload or post to the Sites as other Users or Members may be able to see it. You agree that any Content that you upload or post to the Sites may be reused, retransmitted or posted by Us for various reasons. We reserve all right, in our sole discretion and without notice to you, to remove, delete or refuse to post any Content by you.
Content, products or services provided by other Members may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. If you become aware of misuse of the Sites, please click on the “Contact Us” link on the Sites pages contact us.
We reserve the absolute right to restrict, terminate or suspend your access to the Sites or any portion of the Sites, for any reason or for no reason at all, at any time, and with or without notice to you. Your violation of the Terms, creation or posing a threat to us, our partners, suppliers, vendors, other Members or Users will result in the immediate suspension and/or termination of your account and applicable authorities may be notified.
By uploading, posting or transmitting your Content to the Sites, you hereby grant Us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license so that We may use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Site or via other mediums. We reserve the right to remove Content from the Sites, temporarily or permanently.
You represent and warrant that: (i) you own the Content posted by you on or through the Sites or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through the Sites does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.
The Sites also contain Content provided by us, including, without limitation, text, images and logos (“Boyd Connected Services Content”). All Boyd Connected Services Content is or may be protected by copyright, trademark, servicemark, patent, trade secret and other laws. Boyd Connected Services owns and retains all rights to the Boyd Connected Services Content and the features and functionality of the Site. If you wish to reproduce and/or display any Boyd Connected Services Content, please contact us via our Sites for information on obtaining a limited, revocable, non-sublicensable license to do so.
If applicable, we do not claim any ownership rights of the Content you have uploaded or posted to the Sites. Your ownership of the Content that you have posted or uploaded may be subject to the limited license herein. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Sites that is not your own Content.
You agree not to use the Sites to upload, post, transmit in any fashion, or otherwise make available any Content that
a. is hateful, libelous, defamatory, unlawful, harmful, abusive, threatening, harassing, vulgar, obscene, invasive of anyone’s privacy, or racially, ethnically or otherwise objectionable, or harm minors in any way;
b. manipulates the Sites or Content in any way, in order to disguise the origin of any Content transmitted through or to the Sites;
c. you do not have a right to make available under any law or under contractual obligation;
d. is unsolicited or unauthorized material that falls within the realms of advertising, promotion or any other form of solicitation;
e. contains software viruses, malware, Trojans or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or electronic equipment;
f. interferes with or disrupts the Sites or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site; or
g. unintentionally or intentionally violates any applicable law;
h. elicits or portrays any personal data about other Members, Users or anyone else.
Boyd Connected Services reserves all rights to delete, suspend, hide, obscure, reject or refuse to poste any Content for any reason or for no reasons, and with no limitation that in the sole judgement violates these Terms, and other policies of the Sites. Boyd Connected Services may or may not monitor Content on the Sites. Boyd Connected Services is not obligated to monitor the Sites, nor is it obligated to modify, delete, suspend or obfuscate any Content deemed inappropriate. Boyd Connected Services is not responsible for the conduct of any Members or Users of the Sites.
You are solely responsible for your use of the Site. This use includes any Content that you upload or post or transmit, and your interactions with other Users or Members.
Protection of Intellectual Property Rights; DMCA.
Boyd Connected Services is a company built on intellectual property and we respect the intellectual property of others. We require that our Users and Members respect the intellectual property of Boyd Connected Services and others as well. You may not post, transmit, upload, embed, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Boyd Connected Services reserves the right to suspend and/or terminate the use of the Sites or their Membership of anyone we suspect to be doing so, with or without notice to the person suspected of doing so.
That said, if you feel that you have intellectual property that has been copied or posted to our Sites, or through our Sites that may constitute a violation of your intellectual property, or a copyright or patent infringement, please contact us via email at legal@Boyd Connected Services tx.com with the following information:
a. a complete description of intellectual property, patent or copyrighted work that you assert has been infringed upon;
b. a link to, and a description of where the material that you claim is infringing is located on the Site;
c. your contact information including your full name, physical address, mailing address, telephone number, fax number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are, or are legally authorized to act on behalf of, the copyright or intellectual property owner;
g. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Boyd Connected Services is not responsible for and makes no warranties, express or implied, as to any Content or links to others web sites or systems on the Site, including Boyd Connected Services Content, or Content posted or provided by Users, Members, vendors, partners, suppliers, or by any of the systems, equipment, integrations to, or programming associated with or used by the Site.
Boyd Connected Services is not responsible for the accuracy, safety, or views and opinions posted or expressed on any website links. Inclusion of links to other websites on the Sites does not imply responsibility by Boyd Connected Services . Access to these 3rd party sites are done at your own risk.
Boyd Connected Services is not responsible for the Content, goods, services, advertisement, product, service, online or offline conduct, errors, omissions, misrepresentations, interruptions, deletions, defects, delays, failures, theft, destruction, unauthorized access, of any of its direct or indirect advertisers, Users, Members, vendors, partners, or suppliers that are posted on or through the Sites.
Boyd Connected Services assumes no responsibility, in any form or fashion of any User or Member communication.
Boyd Connected Services is not responsible for any problems or technical malfunction of electronic system including but not limited to telephone or computer networks, servers, infrastructure, software (packaged or otherwise), providers of networks, storage, infrastructure, or other computer systems and equipment, failure of any other communication systems, traffic congestion on the Internet or on any portion of the Sites or combination thereof, including any injury or damage to Members or Users, or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site.
Under no circumstances shall Boyd Connected Services be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any Member or User Content posted on or through the Sites or from the conduct of any Members or Users, whether online or offline.
Additionally, Boyd Connected Services shall have no liability for any viruses, malware, denial of service or anything beyond our control. We are not responsible for any damage to any of your electronic equipment or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
THE SITES IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND BOYD CONNECTED SERVICES EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BOYD CONNECTED SERVICES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.
You agree to hold Boyd Connected Services harmless from any claims or liabilities arising from the Sites or any other websites referenced by the Sites, and shall defend and indemnify Boyd Connected Services from any such claims, including reasonable attorneys’ fees.
Limitations of Our Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED TEN U.S. DOLLARS ($10).
You agree to indemnify and hold Boyd Connected Services Inc., Boyd Connected Services LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Sites in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Site.
The Terms will be construed, and their performance enforced, under the laws of Texas without reference to choice of law principles. Any dispute relating to the Terms or the Sites may be litigated only in a court having jurisdiction and venue in Collin County for state court causes of action and in the District of Texas for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Sites or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and Boyd Connected Services regarding the use of Sites and its goods, Content, products, services and features. The failure of Boyd Connected Services to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.