BCS™ Privacy Statement
Last Revised: March 5, 2009
Our Privacy Statement explains how we gather your personal and company data, how we handle and protect this data, and what further steps you can take to protect your data. We may change this Statement from time to time as the need arises to accurately reflect how we gather and manage your data. All changes to this Statement will be effective upon posting to this Web site without any other notice to you.
Some affiliates of Business Credit Services, Inc. (BCS) have their own Web sites with their own unique privacy statements, tailored to the services that they provide. We encourage you to read those privacy statements carefully when you visit those affiliate sites.
What Information We Collect, and Why
You may browse our site without submitting any personally identifiable information (“personal information”) at all. The kinds of information we collect from you will vary, depending on how you use our Web site. In order to process your order, we will collect some standard information such as your name, e-mail address, mailing address, credit card number, its expiration date, and telephone number. For customers paying through alternative methods (such as a bank wire), additional information is required. We collect this information in order to:
- Verify your identity for payment authorization
- Ship your order to you
- Contact you regarding your order status
- Personalize your shopping experience
- Send you helpful information from BCS™
Your personal information will be shared with your credit card company and the party through whom your product is shipped. This shared personal information includes all of the following: your name, email address, street address, telephone number and credit card information.
In addition to the information you choose to submit, our systems are set up to gather certain anonymous data to help us better understand how our site is being used and how to improve our site for your convenience. This automatically gathered data includes your computer's IP or “Internet Protocol” address, statistics about how visitors navigate through our site, and information provided through the use of “cookies.”
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. Our cookies are used for two reasons: (1) to help you keep track of your information for your own convenience; (2) to help us understand our audience in aggregate and the traffic patterns within our site so that we can continuously improve our products and services.
For your convenience, our Web site may contain links to companies offering products or services through our Web site. These other company Web sites are not under the control of Business Credit Services, Inc., and we can make no promises or guarantees regarding data collection or privacy practices on those third party Web sites. These other sites may send their own cookies to users, collect data, or solicit personally identifiable information. We strongly suggest that you review such third parties’ privacy policies before providing any data to them. You should contact these entities directly if you have any questions about their use of the information that they collect.
How We Protect and Use Your Personal Information
To protect your personal and credit card information from unauthorized access, all information exchanged between our servers and your Web browser is encrypted using Secure Sockets Layer (SSL) technology and is accessible only by designated staff. All of our employees are made aware of our Confidentiality of Client Information Policy on a regular basis and must acknowledge that they have received and read the same. We also secure the infrastructure that supports information collection, exchange, and storage/retrieval at the following levels. We use firewalls to secure the perimeter of our information network and monitor our systems on a regular basis. We also use an authentication and authorization mechanism based on user i.d. and password to restrict access to your personal information. Each authenticated user only has access to the information that he or she is authorized to use.
All credit card and personal information is treated as confidential and proprietary and is not shared outside of Business Credit Services, Inc. and its affiliated companies. Contact information includes your name, your company’s name, and the company’s address and phone number. From time to time, Business Credit Services, Inc. or its affiliated companies may rent or sell such company and contact information to outside parties for marketing or other purposes. No personal or company information other than this contact information is shared with any outside party. If you wish for your contact information not to be shared with outside parties, please send a request for such information to be removed to remove@earn.com or contact one of our customer service associates at 866-729-3398.
Although we may occasionally share statistics about our customers with important business partners, we do not disclose any identifying information about individual customers. If you elect to participate in a Business Credit Services, Inc. or affiliated company’s promotion (contest or sweepstakes), we will share your personal information in order to ensure redemption of that promotion with the third-party partner managing that promotion.
From time to time Business Credit Services, Inc. may wish to send you updates or newsletters with topics of interest to our client base. We may occasionally notify you of new services and special offers via e-mail updates. If you would rather not receive any updates from us, please send a request to be removed from our e-mail update list to remove@earn.com or contact one of our customer service associates at 866-729-3398.
Steps You Can Take to Ensure Your Privacy
Remember that you play a vital role in ensuring the security of your information on this Web site. Here are a few steps that you can take to maintain the privacy of your information. It is your responsibility to make sure that the information you provide to us is accurate and current. If the personal information we've gathered from you changes (such as your name, e-mail address, street address, or telephone number) or you no longer desire our service, we will gladly correct, update, or remove any personal data you have previously provided to us. To request a change or removal of your personal information, contact one of our customer service associates at 866-729-3398.
You should also take the necessary precautions to safeguard your user i.d. and password to prevent unauthorized access to your information stored on this Web site and the applications within this Web site.
If you require assistance to update or delete your information, or if you feel that your user i.d. and password have been compromised, you should contact our Customer Service staff at 866-729-3398 (toll-free). Our hours of operation are Monday – Friday from 8 a.m. to 5 p.m. Pacific Time.
If you wish for your contact information not to be shared with outside parties, or if you would rather not receive any updates from us, please send a request to remove@earn.com or contact one of our customer service associates at 866-729-3398.
BCS™ LEGAL TERMS OF USE
Last Revised: March 5, 2009
Content contained on or made available through this Web site does not constitute legal or financial advice. Our services are not the substitute for advice from a licensed attorney or accountant. Business Credit Services, Inc. and its staff are not lawyers, accountants or financial advisors. This Web site is provided for informational purposes only and nothing in the site is to be interpreted as legal, financial or investment advice or guidance. The completeness, adequacy or currency of the content of this Web site is not warranted or guaranteed.
BUSINESS CREDIT SERVICES™ TERMS AND CONDITIONS OF USE
YOUR USE OF THIS WEB SITE OR ANY OF OUR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
The Business Credit Services Web Site (the "Web Site") is a service made available by Business Credit Services, Inc. and Corporation Service Company (together referred to as, “BCS”), and all content, information, services and software ("Content") provided on or through the Web Site may be used solely under the following terms and conditions ("Terms of Use").
1. Web Site License
As a user of this Web Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site in accordance with these Terms of Use. BCS may terminate this license at any time for any reason.
2. Limitations on Use
Use of the Content on this Web Site is limited to lawful business purposes. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Web Site or Content without the prior written permission of BCS. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. Competitors are not authorized to access or use our website without our prior express written consent. Any unauthorized use of the Web Site or its Content is prohibited.
3. Use of Web Site
Use of the information on the Web Site or materials linked from the Web Site is at your own risk.
4. Email and Phone Policy
When you provide us with your email address or phone number(s), you expressly grant us the right to contact you at the email address and phone number(s) you have provided. In addition, if you contact another user via our service, your name and email address will be shared with such users and they may contact you by email or other methods. You agree not to abuse the BCS system in any manner, and you shall not use the services to solicit other users or sell or promote any products or services. Failure to comply with this section may result in BCS taking remedial actions as described in section 15 below.
5. Intellectual Property Rights
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For further information see Intellectual Property - Permitted Uses and Restrictions on Use.
6. Registration
Certain sections of the Web Site require you to register. If registration is requested, you agree to provide BCS with accurate, complete registration information. It is your responsibility to inform BCS of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. BCS does not permit any other person using the sections under your name or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
7. Errors and Corrections
BCS does not represent or warrant that the Web Site is error free or other harmful components. We will take steps to the best of our ability to correct all defects with the Web site. BCS does not represent or warrant that the information available on or through the Web Site will be correct, accurate, timely or otherwise reliable. We may make improvements and/or changes to its features, functionality or Content at any time.
8. Third Party Content
Third party content may appear on the Web Site or may be accessible via links from the Web Site. BCS is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of BCS.
9. Privacy Policy
View the Privacy Policy for this Site. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms.
10. Financed Customers
If you are financing your payments for our products or services, it is important that your payments are timely made. Late payments may result in the suspension of your account and any guarantees will become null and void.
11. Disclaimer
THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. BCS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. BCS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, OUT OF OR IN ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEB SITE, OR (E) YOUR USE OF EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.
12. Indemnification
You agree to indemnify and hold BCS, its owners, officers, directors, employees, agents, contractors and suppliers harmless from and against any claim or demand arising out of (i) materials and content you submit, post, or transmit through our Web site; (ii) your violation of this agreement; (iii) your use of this Web site in violation of any applicable law; or (iv) a third party’s use of information or materials of any kind that you post to our Web site. You agree to fully cooperate in the defense of any matter subject to indemnification by you. BCS 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 settle any such claim or matter without the written consent of BCS.
13. Limitation on Liability
BCS SHALL NOT BE LIABLE FOR ANY INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. BCS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ATTORNEY FEES, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT.
In no event shall BCS, its owners, officers, directors, employees, agents, contractors or suppliers be liable for any special, indirect, incidental, or consequential damages of any kind (including lost profits) arising out of or in connection with this agreement and/or your use of the Web site. Or liability to you or any third party is limited to the lesser of (a) the amount of fees you have paid to us in the 12 months immediately preceding the event giving rise to such liability, or (b) $100. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the maximum extent permitted by law.
14. Unlawful Activity
BCS reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
15. Breach and Remedies for Violations
Without limiting our other remedies, BCS may limit your activity on our Web site, issue a warning, suspend or terminate your membership, and refuse to provide services to you, in our sole judgment if: (a) you breach, or we anticipate your breach of these Terms of Use or the documents incorporated herein by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe, in our sole discretion, that your actions may cause financial loss or legal liability for you, our users, or us. BCS may also terminate this Agreement at any time for any reason or no reason at all. Further, if you violate or otherwise breach this Agreement, BCS will not issue any refunds to you whatsoever.
BCS reserves the right to seek all remedies at law and in equity for violations of these Terms of Use including, but not limited to, the right to block access from a particular Internet address to BCS's Web Site and its features.
16. Severability of Provisions
These Terms of Use Incorporate by reference any notices contained on the Web Site. These Terms of Use constitute the entire agreement with respect to access to and use of the Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
17. Force Majeure
BCS is not responsible for any delay or failure in performance of the web site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
18. Injunctive Relief
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.
19. Governing Law
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF DELAWARE (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).
20. Password Restricted Areas
For any password protected areas, BCS may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. We may assume the latest email addresses and registration information on file with BCS are accurate and current.
21. Miscellaneous
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Web Site. Your continued use of this web site after the effective date of such amendment will constitute your acceptance of it. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
22. Intellectual Property - Permitted Uses and Restrictions on Use
The BCS Web Site is protected by copyright law. Copyright©2009 Corporation Service Company®, The Company Corporation®, and Business Credit Services™ All rights reserved.
Access to and use of the BCS Web site services is provided subject to Terms and Conditions, which you accepted during the Registration process. These Terms and Conditions contain warranty disclaimers, limitations of liability, linking guidelines and restrictions on use.
Except for these specified uses, no part of the materials, including graphics or logos, available through the BCS Web site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of BCS. Any other reproduction in any form without the permission of BCS is prohibited. Distribution for commercial purposes is prohibited.
23. Trademarks
Listed below are trademarks for BCS and its affiliated companies, plus other companies' recognized trademarks and service marks that you are likely to encounter. Nothing contained on this site should be construed as granting any license or right to use any Trademark displayed on this site without the express written permission of BCS or such third party that may own the Trademark.
Adobe® Acrobat® Reader® - Adobe, Acrobat, and Reader are registered trademarks of Adobe Systems Incorporated in the United States and/or other countries.
Corporation Service Company® - Corporation Service Company is a registered trademark of Corporation Service Company® in the United States and/or other countries.
The Company Corporation® - The Company Corporation is a registered trademark of The Company Corporation® in the United States and/or other countries. The TCC logo is a registered trademark of Corporation Service Company in the United States and/or other countries.
Federal Express® and FedEx® - Federal Express and FedEx are registered trademarks of Federal Express Corporation in the United States and/or other countries.
Fortune 500® - Fortune 500 is a registered trademark of The Time Inc. Magazine Company in the United States and/or other countries.
UPS® - UPS is a registered trademark of United Parcel Service of America, Inc. in the United States and/or other countries.
24. Refund/Cancellation Policy:
Our goal at BCS is to provide you with excellent service. We want you to be 100% satisfied. If you are not, please contact us at 866-254-6076.
If you cancel your order before we have submitted it to a federal, state or local office, BCS will refund the total amount less a service fee. If you cancel your order after we have already submitted it, we will use our discretion to determine what portion, if any, we will refund.
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