Terms and Conditions

Terms and Conditions

These Terms and Conditions (the "Terms") constitute an agreement between BCC Research, LLC ("BCC Research"), and you. By clicking the "I Accept" button, placing an order for content or services or by creating an account, signing in via a web browser or mobile app or otherwise or accessing and/or using all or a portion of the Content or Services (defined below), you acknowledge and agree that you have read and understand the Terms, that the provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable and that your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon you by any person or entity. If the Terms are considered an offer by you, BCC Research acceptance is expressly limited to these terms. Written approval is not a prerequisite to the validity or enforceability of the Terms.

For purpose of the Terms:

  • "Services" means the subscription portals and the services made available through access to and use of the one or more of BCC Research's web sites, including but not limited to bccresearch.com (collectively, the "Site").
  • "Content" means the reports, articles and other materials made available through the Services, including but not limited to, all charts, graphs, pictures and tables.

If your use of the Services or Content includes the registration by you of individuals in addition to yourself ("Other Registrants") you hereby represent and warrant that you have the authority to bind such Other Registrants to the Terms. By registering, you further represent and warrant to BCC Research that all registration information you submit is truthful and accurate, and that you will update such information as and when necessary to keep it accurate and up to date. In addition, you agree that each use of the term "you" in the Terms will include you and each of such Other Registrants and that you shall be responsible for ensuring that each such Other Registrant complies with the Terms. If you are acting on behalf of an entity, you hereby represent and warrant that you have the authority to bind such entity and that you and each of the Other Registrants is an employee of such entity. You agree further that each use of the term "you" in the Terms shall refer to such entity.

The definition of "Terms" shall include any terms describing additional obligations or restrictions accompanying your order of the Content or Services, including, without limitation, any payment obligations, specified Service period and usage restrictions. If you are deemed to have ordered the Content or Services, BCC Research's acceptance is expressly conditional on your assent to the Terms to the exclusion of all other terms. Notwithstanding anything to the contrary contained in these Terms, if you have executed a separate written agreement with BCC Research that governs access to or use of the Content or Services, then the terms of such agreement and not these Terms shall govern and control. If the Terms are considered an offer by you, BCC Research's acceptance is expressly limited to the Terms.

The Terms contain warranty disclaimers and other provisions that limit BCC Research's liability to you. Please read the Terms carefully and in their entirety. If you do not agree to be bound to each and every term and condition set forth herein, please do not use or access the Services.

By using the Content or Services, you hereby grant BCC Research permission to send you messages regarding the Content or Services, its features, service alerts, and network activity.

BCC Research reserves the right to modify the Terms from time to time with or without notice, and BCC Research will post the modified Terms at www.bccresearch.com or other interfaces through which you have ordered the Content or Services. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. With respect to such modified Terms, BCC Research may, at its sole discretion, require you to execute a "click accept" agreement incorporated into or as a condition of accessing Content or Services after initial delivery. Even without such "click accept" agreement, your continued use of the Content or Services after such modifications will constitute your acknowledgement and agreement of the modified Terms.

If you do not agree to any changes in the Terms as they may occur, your continued right to access and use such Content or Services shall immediately terminate and you agree that you shall discontinue your use of the Content or Services. You agree that BCC Research is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.

Age Restriction

The Services are intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access or use the Services. By using the Services, you represent and warrant to us that you are eighteen (18) years of age or older and that your use of the Services does not violate any applicable law.

Use of Content

BCC Research may provide certain Content (e.g. Report Overviews) at no cost and certain Content for a cost (e.g. full reports).

You may view free Content online at the Site, download it onto the drive of one hardware device or print one copy of it, and use it for your own reference purposes in connection with your internal business purposes only; provided that you keep intact any and all copyright and proprietary notices. All other rights in the free Content are reserved by BCC Research.

You may also purchase from the Site Content made available at a cost (the "Purchased Content"). The "Purchased Content may be available for download and use in certain specified formats, for example, Microsoft Word, Microsoft Powerpoint, or Adobe PDF. It is your responsibility to determine which format suits your needs best and which format will enable you to successfully receive and access any Purchased Content prior to your placement of an order. Please note that from time to time BCC Research may modify the formats in which Purchased Content is made available, so you should always check before making a purchase.

With Purchased Content, you may:

  • view the Purchased Content online at the Site;
  • download one copy of the Purchased Content in an available electronic format;
  • store the Purchased Content in electronic format on the drive of one hardware device; and
  • print out one copy of the Purchased Content;
  • incorporate 10% or less of a report or article contained within the Purchased Content (a "Limited Extract") within material developed by you or an Other Registrant ("New Material") and use the Limited Extract together with the New Material for your internal business purposes only and not for resale, distribution or disclosure to third parties.

provided that you keep intact all and any copyright and proprietary notices on and within the Purchased Content and such New Material is accurate, fair and reasonable.

With Purchased Content, you may not:

  • assign your rights under the Terms;
  • offer the Purchased Content for resale or sublicense;
  • scan, photocopy, fax, or in any other way reproduce or copy the Purchased Content other than as permitted;
  • distribute or disclose the Purchased Content to any third party, whether by electronic mail or over a network or otherwise;
  • upload the Purchased Content to any database or server or display or make available the Purchased Content to any third party or unregistered parties;
  • except as specifically provided for elsewhere in these Terms, you may not knowingly permit anyone other than an Other Registrant to access or use the Purchased Content or the Services; or
  • use Purchased Content that has been updated or revised by BCC Research in its original form.

Access; Duration; Deletion of Content

You are responsible for obtaining and maintaining all of the hardware, software, Internet access, and other products and services that you may need to use the Services and the Content. You are responsible for protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other login information (collectively, "Passwords") that are provided to you or that are generated in connection with your use of the Services and the Content. You are fully and solely responsible for all activities that occur using your Passwords.

The Terms shall be effective as of the date you accept them or first access or use the Content or the Services (the "Effective Date") and shall remain in effect until such acceptance or access is terminated in accordance with these Terms. BCC Research shall have the right to terminate the Terms at any time with or without cause. The terms herein that contemplate obligations after termination, include but not limited to Indemnification, Disclaimer, Limitation of Liability, Controlling Law and Severability, and Confidentiality, shall survive termination.

You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Services. You represent and warrant that you will not breach the security of the Software or Services or attempt to gain unauthorized access to or interfere with operation of the Software or Services or with any other person's use of the Services. You agree not to use the Services in excess of or beyond the maximum number of registered users and/or devices for which you have been registered. If you are an employer, you will not attempt to circumvent such limitation by permitting your employees or agents to share the same account regardless of whether such sharing occurs at different times. For clarity, and by way of example, if you are an employer you will not allow one of your employees to login with name1/password2 in the morning and then later in the same day, allow a different employee to login with the same name1/password2. For purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of BCC Research underlying and used to deliver the Services and the Content, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing, whether in read only memory, on any other media or in any other form.

Upon termination of the Terms, you shall no longer be permitted to use or access the Services or the Content. You and any Other Registrants agree to permanently delete all stored copies of any Purchased Content within 30 days following termination; provided that your right to continue to use the Limited Extract within the New Materials which were created prior to such termination shall survive.

BCC Research Intellectual Property Rights

The Content, the Software, the Services and all processes, analyses and methodologies, know-how, and trade secrets used by BCC Research in performing the Services and creating the Content and any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by BCC Research, or by or with the input of another party (the "BCC Research Intellectual Property") are protected by United States copyright and other intellectual property laws, belong to BCC Research and may not be used or reproduced by you without the express written permission of BCC Research. BCC Research hereby reserves any and all intellectual property rights in the BCC Research Intellectual Property.

You agree that, except as specifically permitted in these Terms, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble or hack the Software or Services, or create derivative works from the BCC Research Intellectual Property; (b) license, share, resell, sell, provide for service bureau use, or otherwise transfer the BCC Research Intellectual Property or access to such BCC Research Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the BCC Research Intellectual Property; (d) remove or alter any copyright notices or other notices included in the BCC Research Intellectual Property; (e) access or use the Services to offer, build or support, or assist a third party in offering, building or supporting, products or services competitive with BCC Research; (f) perform or disclose any benchmark or performance tests of the Services without BCC Research's prior written consent; or (g) perform or disclose any of the following security test activities related to the Services or associated infrastructure without BCC Research's prior written consent: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing or penetration testing.

Privacy

Your use of the Services is subject to your acceptance of the terms and conditions set forth in BCC Research's Privacy Policy, the terms of which are hereby incorporated herein, and which can be found at http://www.bccresearch.com/privacypolicy (the "Privacy Policy"). The terms and conditions set forth in the Privacy Policy may be changed by BCC Research in its sole discretion and those changes become effective upon posting. It is your responsibility to review the Privacy Policy for revisions thereto.

Disclaimer

You acknowledge and agree that notwithstanding anything to the contrary contained in the Terms or the Content, the Content and Services are for information purposes only and do not constitute managerial, legal or accounting advice, nor do they serve as a corporate policy or guide, laboratory manual or an endorsement of any product, service or process. The information contained in the Content and Services are intended to be as accurate as possible at the time of publication, but BCC Research assumes no responsibility for any losses or damages that might result because of their use by you or any acts taken or not taken by you based on the Content.

Third Party Links, Payments

The Services may, from time to time, contain embedded access and links to third party web services and web sites including but not limited to embedded access to third party payment applications. This access and these links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by BCC Research of the security, services, information, content and/or data on such third party web services or sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. BCC Research is not responsible for the content of linked third party web sites or embedded services you access and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on or available through, such third party services and websites. If you decide to access linked third-party web sites or use embedded third party services, you do so at your own risk. Your use of third-party websites and embedded services is subject to the terms of use for such sites and services, respectively.

Disclaimer of Representations and Warranties; Limitation of Liabilities

THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS," "AS-AVAILABLE" BASIS.

BCC RESEARCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES OR CONTENT. BCC RESEARCH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN PROVIDING THE SERVICES OR CONTENT OR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICES OR CONTENT.

THE CONTENT PROVIDED THROUGH THE SERVICES IS GENERAL AND MAY NOT BE SUITABLE FOR YOUR PARTICULAR NEEDS. YOU SHOULD VERIFY CRITICAL INFORMATION BEFORE TAKING ACTION WITH RESPECT TO THE CONTENT GENERATED BY THE SERVICES.

BCC RESEARCH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE AND NON-INFRINGEMENT, THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT ANY UPDATE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICES OR CONTENT WILL BE CORRECTED, OR THAT THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. BCC RESEARCH DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BCC RESEARCH DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, CELLULAR SERVICE PROVIDERS, CELLULAR NETWORK OPERATORS, TO THE SATURATION OF THE INTERNET NETWORK AND FOR ANY OTHER REASON.

YOU ACKNOWLEDGE THAT THE SERVICES RELY UPON DATA COMMUNICATION MEDIUMS WHICH ARE NOT CONTROLLED BY BCC RESEARCH AND WHICH MAY BE VULNERABLE TO DATA OR SECURITY BREACHES, INCLUDING, WITHOUT LIMITATION, NETWORKS USED BY YOUR CARRIERS AND THE DATABASES AND SERVERS CONTROLLED BY YOUR INTERNET PROVIDERS. BCC RESEARCH SHALL NOT BE LIABLE FOR ANY SUCH BREACHES.

YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAY OF, OR ERRORS OR INACCURACIES IN, THE CONTENT OR INFORMATION PROVIDED BY THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, FINANCIAL OR ENVIRONMENTAL DAMAGE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BCC RESEARCH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY CONTENT OFFERED OR PROVIDED WITHIN OR THROUGH THE SOFTWARE OR SERVICES.

UNDER NO CIRCUMSTANCES, AS A RESULT OF YOUR USE OF THE SERVICES, WILL BCC RESEARCH OR ANY OTHER CONTRIBUTOR OR OTHER USER BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. BCC RESEARCH AND ITS AFFILATES' AND CONTRIBUTORS AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES', AND AGENTS' TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES OR THE CONTENT AND THE TERMS, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100). EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THE TERMS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BCC RESEARCH OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

THE FOLLOWING APPLIES TO END USERS WHO LIVE WITHIN AUSTRALIA, THE UK AND THE EU:

BCC RESEARCH USES REASONABLE CARE AND SKILL TO ENSURE THE ACCURACY OF THE CONTENT PROVIDED THROUGH THE SERVICES. INFORMATION CONTAINED ON THE SITE MAY NOT BE FULLY ACCURATE AND IS PROVIDED "AS IS".

Release

In the event that you have a dispute with one or more other users of the Services you agree that the dispute is between you and such other user and you hereby release BCC Research (and its officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute(s). If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnification

You agree to indemnify and hold BCC Research and its officers, directors, employees and agents harmless from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to (1) any Content, (2) any violation by you of the Terms or any applicable rule, regulation or law, and (3) your access or use of the Services and/or the Content.

Export

Your access to and use of the Services and Content shall comply with all applicable export laws of the United States, including, without limitation, the U.S. Export Administration Regulations and the prohibitions and restrictions mandated by agencies of the United States government. Without limiting the foregoing, the Services and Content may not be exported or re-exported into (or to a resident or national of): (a) any country sanctioned by the United States government identified on the list published by the U.S. Bureau of Industry and Security, including Cuba, Iran, North Korea, Sudan and Syria, as such list may be updated from time to time; (b) any country, entity or person identified on any of the sanction lists, specifically designated nationals lists, denied party lists or entity lists published by the Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury, as such lists may be updated from time to time; (c) any other country subject to United States embargo or UN Sanctions; or (d) or any other prohibited country, person, end-user or entity specified by the United States government. You will not use any Content for any purpose prohibited by these laws including, without limitation, nuclear, chemical or biological weapons proliferation, or the development of missile technology.

Force Majeure

BCC Research will not be responsible for a breach of the Terms caused by any failure or delay of performance if caused by: an act of war, hostility, or sabotage; an act of God; a pandemic; an electrical, internet, cellular network or telecommunication outage that is not caused by BCC Research; government restrictions (including the denial or cancelation of any export, import or other license); or another event outside the reasonable control of BCC Research.

Invalidity

If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

Governing Law, Consent to Jurisdiction and Limitation on Claims

The Terms and your use of the Content and Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflict of laws principles or other provisions which might result in the application of laws other than the internal laws of the Commonwealth of Massachusetts. The Uniform Computer Information Transactions Act will not apply to the Terms.

You further agree that any claims or causes of action arising out of or related to the Terms, the Content or the Services, along with the Information contained therein, shall be submitted to arbitration as provided below within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

The courts of the Commonwealth of Massachusetts (state and federal) will have sole and exclusive jurisdiction over any disputes or actions arising out of or relating to this Agreement. The parties hereby waive all claims of immunity from such jurisdiction. Venue for any action brought arising out of or relating to this Agreement will be in the State Court in Suffolk County, Massachusetts or in the United States District Court for the District of the Commonwealth of Massachusetts.

For the purposes of the Terms: (a) the term "Dispute" will mean any dispute, controversy, or claim arising out of or relating to: (i) the Terms, its interpretation, or the breach, termination, applicability or validity of the Terms; or (ii) any other dispute arising out of or relating to the relationship between BCC Research and you; (b) the term "Company Group" will mean BCC Research, its parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, beneficiaries, assignees, successors in interest, and any third party which provides products or services purchased from or distributed by BCC Research; and (c) the term "User Group" will mean you and those in privity with you, such as your affiliates, employees, partners, contractors, agents, family members and beneficiaries.

No member of Company Group or User Group will submit any Dispute (defined below) to any court of law. Company Group and User Group hereby forfeit their right to file and litigate a lawsuit in a court of law relating to any Dispute. User Group understands that, in the absence of this paragraph, User Group would have had a right to litigate disputes through a court, including the right, if any and subject to the rules of User Group's jurisdiction, to litigate claims on a class-wide or class-action basis, and that User Group has expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the Terms. This arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.

Company Group and User Group may each provide the other party with written notice of its intention to initiate arbitration with respect to any Dispute. If Company Group and User Group do not amicably resolve or settle the Dispute in writing within thirty (30) days after such notice, the notifying party will have the right to submit such Dispute to the American Arbitration Association ("AAA") for binding resolution. Any such Dispute will be resolved exclusively and finally by the AAA. The AAA's Commercial Rules will govern the arbitration proceeding. Company Group and User Group will agree upon another arbitration forum if AAA ceases all of its operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the Dispute between Company Group and User Group. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis.

Company Group and User Group will confer after service of written notice of arbitration to select a single agreed-upon arbitrator to adjudicate the Dispute. If Company Group and User Group are unable to agree upon an arbitrator within thirty (30) days after the date of such notice, the AAA will assign an arbitrator. Any decision or award rendered in such arbitration proceeding will be final and binding on Company Group and User Group, and judgment may be entered thereon only in the State or Federal courts in Suffolk County, Massachusetts.

In the arbitration, the arbitrator will apply the laws of the Commonwealth of Massachusetts, excluding its conflict of law principles. The arbitrator will not have the right to award treble damages or punitive damages. The location of the arbitration will be in Boston, Massachusetts, and the arbitration will be conducted in the English language.

Claims of Copyright Infringement

BCC Research respects the intellectual property rights of others. It is BCC Research's policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify us by providing BCC Research's copyright agent with the following information in writing:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  4. Your name, address, telephone number, and email address;
  5. 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; and
  6. A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If BCC Research receives such a claim, it reserves the right to refuse or delete Content and to terminate a user's account.

BCC Research's designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:

BCC Research, LLC
49 Walnut Park
Wellesley, MA 02481
Attn: Copyright Infringement

After receiving a claim of infringement, BCC Research will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, BCC Research will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. BCC Research will take reasonable steps promptly to notify the user that BCC Research has removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, BCC Research will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that BCC Research will replace the removed material or cease disabling access to it in 10 business days. Unless BCC Research's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the Software, Content or Services, BCC Research will replace the removed material and cease disabling access to it.

You may provide BCC Research with a counter notification by providing BCC Research's copyright agent the following information in writing:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which BCC Research may be found and that you will accept service of process from the person who provided the initial notification of infringement.

In the event that any such claim relating to copyright infringement is asserted against BCC Research, such claim shall be resolved through binding arbitration in accordance with the Terms provided above.

Notices

Any notice required or permitted to be given in accordance with the Terms shall be in writing. Notices to BCC Research shall be sent by personal delivery, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to: BCC Research, LLC, 49 Walnut Park Wellesley, MA 02481. For contractual purposes, you consent to receive communications from BCC Research electronically. Notices sent to you shall be sent by personal delivery, electronic mail, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to the address listed on your account. All notices will be deemed given: (i) when delivered personally; (ii) 24 hours after electronic mail is sent, unless BCC Research is notified that the email address is invalid; (iii) five (5) days after having been sent by registered or certified mail (or ten (10) days for international mail); or (iv) one (1) day after deposit with a commercial express courier specifying next day delivery (or two (2) days for international courier packages specifying 2-day delivery). Either party may change its address for receipt of notice by notice to the other party in accordance with this Section.

General

BCC Research's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. BCC Research is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. The Terms contain the entire agreement between you and BCC Research and supersedes all prior agreements between the parties regarding the subject matter contained herein, except as otherwise specifically noted herein. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Content, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or Content. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. BCC Research may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you. BCC Research may also substitute, by way of unilateral novation, effective upon notice to you, which you agree may be electronic communication, BCC Research, Inc. for any third party that assumes BCC Research's rights and obligations under the Terms.