BA Insight website is a resource service that allows Members to search and view product, company information and resources, discussion forums and weblog spaces. The services offered by BA Insight include the BA Insight website and any other features, content, or applications offered from time to time by BA Insight in connection with the BA Insight Website (collectively, the "BA Insight Services"). The BA Insight Services are hosted in the U.S.

This Terms of Use Agreement sets forth the legally binding terms for your use of the BA Insight Services. By using the BA Insight Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the BA Insight Website) or you are a "Member" (which means that you have registered with BA Insight). The term "User" refers to a Visitor or a Member. You are only authorized to use the BA Insight Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the BA Insight Website and discontinue use of the BA Insight Services immediately. If you wish to become a Member and make use of the BA Insight Services, you must read this Agreement and indicate your acceptance during the Registration process.

 

This Agreement includes BA Insight's policy for acceptable use of the BA Insight Services and Content posted on the BA Insight Website, your rights, obligations and restrictions regarding your use of the BA Insight Services and BA Insight.net's Privacy Policy. In order to participate in certain BA Insight Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the BA Insight Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at info@BAinsight.com.

 

BA Insight may modify this Agreement from time to time and such modification shall be effective upon posting by BA Insight on the BA Insight Website. You agree to be bound to any changes to this Agreement when you use the BA Insight Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

Please choose carefully the information you post on BA Insight and that you provide to other Users. Your BA Insight profile and posts may not include the following items: any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit, malicious, purposely inaccurate, or otherwise objectionable subject matter. Despite this prohibition, information provided by other BA Insight Members (for instance, in their Weblog Space) may contain inaccurate, inappropriate, offensive, malicious or sexually explicit material, and BA Insight assumes no responsibility or liability for this material. If you become aware of misuse of the BA Insight Services by any person, please contact info@BAinsight.com.

 

BA Insight reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the BA Insight Services at any time, for any or no reason, with or without prior notice, and without liability. BA Insight expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of BA Insight Services if BA Insight determines, in its sole discretion, that you pose a threat to BA Insight and/or its Users.

Use of and Membership in the BA Insight Services is void where prohibited. By using the BA Insight Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the BA Insight Services does not violate any applicable law or regulation.

This Agreement shall remain in full force and effect while you use the BA Insight or are a Member. You may terminate your Membership at any time, for any reason. BA Insight may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

You acknowledge that BA Insight reserves the right to charge for the BA Insight Services and to change its fees from time to time in its discretion. If BA Insight terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BA Insight immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

The BA Insight Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BA Insight. Illegal and/or unauthorized use of the BA Insight Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the BA Insight Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the BA Insight Services.

1. BA Insight does not claim any ownership rights in the content that you post to the BA Insight Services. After posting your Content to the BA Insight Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the BA Insight Services, you hereby grant to BA Insight a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the BA Insight Services.

 

Without this license, BA Insight would be unable to provide the BA Insight Services. The license you grant to BA Insight is non-exclusive (meaning you are free to license your Content to anyone else in addition to BA Insight), fully-paid and royalty-free (meaning that BA Insight is not required to pay you for the use on the BA Insight Services of the Content that you post), sublicensable (so that BA Insight is able to use its affiliates and subcontractors to provide the BA Insight Services), and worldwide (because the Internet and the BA Insight Services are global in reach). This license will terminate at the time you remove your Content from the BA Insight Services. The license does not grant BA Insight the right to distribute your Content outside of the BA Insight Services.

 

2. You represent and warrant that: (i) you own the Content posted by you on or through the BA Insight Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the BA Insight Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the BA Insight Services.

 

3. The BA Insight Services contain Content of BA Insight. BA Insight Content is protected by copyright, trademark, patent, trade secret and other laws, and BA Insight owns and retains all rights in the BA Insight Content and the BA Insight Services. BA Insight hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the BA Insight Content (excluding any software code) solely for your personal use in connection with viewing the BA Insight Website and using the BA Insight Services.

 

4. The BA Insight Services contain Content of Users and other BA Insight licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BA Insight Services.

BA Insight may delete any Content that in the sole judgment of BA Insight violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BA Insight assumes no responsibility for monitoring the BA Insight Services for inappropriate Content or conduct. If at any time BA Insight chooses, in its sole discretion, to monitor the BA Insight Services, BA Insight nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

 

You are solely responsible for the Content that you post on or through any of the BA Insight Services, and any material or information that you transmit to other Members and for your interactions with other Users. BA Insight does not endorse and has no control over the Content. Content is not necessarily reviewed by BA Insight prior to posting and does not necessarily reflect the opinions or policies of BA Insight. BA Insight makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the BA Insight Services. BA Insight reserves the right to investigate and take appropriate legal action against anyone who, in BA Insight‘s sole discretion, violates this provision, including without limitation, removing the offending communication from the BA Insight Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BA Insight:

 

1. is patently offensive and promotes hatred or harm of any kind against any business, group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains violence or offensive subject matter;

5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;

7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;

10. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

 

The following is a partial list of the kind of activity that is illegal or prohibited on the BA Insight Website and through your use of the BA Insight Services. BA Insight reserves the right to investigate and take appropriate legal action against anyone who, in BA Insight’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

 

1. criminal or tortuous activity, fraud, harassment, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2. advertising to, or solicitation of, any Member to buy or sell any products or services through the BA Insight Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the BA Insight Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BA Insight reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BA Insight deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the BA Insight Services, you acknowledge that you will have caused substantial harm to BA Insight, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BA Insight $50 for each such unsolicited email or other unsolicited communication you send through the BA Insight Services;

3. any automated use of the system, such as using scripts to add friends or send comments or messages;

4. interfering with, disrupting, or creating an undue burden on the BA Insight Services or the networks or services connected to the BA Insight Services;

5. attempting to impersonate another Member or person;

6. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

7. selling or otherwise transferring your profile;

8. using any information obtained from the BA Insight Services in order to harass, abuse, or harm another business or person;

9. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the BA Insight Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or

10. using the BA Insight Services in a manner inconsistent with any and all applicable laws and regulations.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BA Insight to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to BA Insight by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the BA Insight Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

 

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the BA Insight Services;

(iv) your address, telephone number, and email address;

(v) a written 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;

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BA Insight’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, BA Insight and email info@BAinsight.com.

 

1. Member Disputes. You are solely responsible for your interactions with other BA Insight Members. BA Insight reserves the right, but has no obligation, to monitor disputes between you and other Members.

2. Privacy. Use of the BA Insight Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

3. Disclaimers. BA Insight is not responsible for any incorrect or inaccurate Content posted on the BA Insight Website or in connection with the BA Insight Services, whether caused by Users of the BA Insight Services or by any of the equipment or programming associated with or utilized in the BA Insight Services. BA Insight is not responsible for the Content, accuracy or opinions expressed on websites linked to from any BA Insight User Content, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BA Insight. Inclusion of any linked website on the BA Insight Services does not imply approval or endorsement of the linked website by BA Insight. When you access these third-party sites, you do so at your own risk. BA Insight takes no responsibility for third party advertisements which are posted on this BA Insight Website or through the BA Insight Services, nor does it take any responsibility for the goods or services provided by its advertisers. BA Insight is not responsible for the conduct, whether online or offline, of any User of the BA Insight Services. BA Insight assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BA Insight is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BA Insight Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the BA Insight Services. Under no circumstances shall BA Insight be responsible for any loss or damage, including personal injury or death, resulting from use of the BA Insight Services, attendance at a BA Insight event, from any Content posted on or through the BA Insight Services, or from the conduct of any Users of the BA Insight Services, whether online or offline. The BA Insight Services are provided "AS-IS" and as available and BA Insight expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BA Insight cannot guarantee and does not promise any specific results from use of the BA Insight Services.

4. Limitation on Liability. IN NO EVENT SHALL BA Insight BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BA Insight HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BA-INSIGHTS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BA Insight FOR THE BA Insight SERVICES DURING THE TERM OF MEMBERSHIP.

5. U.S. Export Controls. Software available in connection with the BA Insight Services is further subject to United States export controls. No Software may be downloaded from the BA Insight Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

6. Disputes. If there is any dispute about or involving the BA Insight Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of White Plains. Either BA Insight or you may demand that any dispute between BA Insight and you about or involving the BA Insight Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in White Plains, New York, USA, provided that the foregoing shall not prevent BA Insight from seeking injunctive relief in a court of competent jurisdiction.

7. Indemnity. You agree to indemnify and hold BA Insight, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BA Insight Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the BA Insight Website or through the BA Insight Services causes BA Insight to be liable to another.

8. Other. This Agreement is accepted upon your use of the BA Insight Website or any of the BA Insight Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BA Insight regarding the use of the BA Insight Services. The failure of BA Insight to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

Please contact us at info@BAinsight.com with any questions regarding this Agreement.