Boston Predictive Analytics, Inc.( BPA )
Shopping Cart Terms of Service
BostonPredictiveAnalytics.com facilitates you with provisions of a compilation of various mechanisms and mediation which will enable you to operate the online stores, carry out the order process and also the online sale of products along with the correlated professional and different services, in entirety "Services". The terms and conditions for use of our Services (the Terms) to be followed are stated below, with more amendments and developments in the rules of operation and our policies announced and published periodically by BostonPredictiveAnalytics.com.
1. Support and The Services
- The Services are provided in accordance with these Terms and operational policies that can be created by the BostonPredictiveAnalytics.com "Agreement". BostonPredictiveAnalytics.com has a right to make changes to this Agreement, as well as the continuity of the use of agency services may lead to customer acceptance of those changes. If you will use the BostonPredictiveAnalytics.com services both BostonPredictiveAnalytics.com and the consumer are subject to any posted guidelines or rules for such services, which are given on a periodical basis.
- The services are provided to the individuals who have the ability to produce legally binding contracts under applicable law. Without putting any limitation on the process of the foregoing, these services are not valid to persons below the age of 18 years. If you are not qualified then you should not use the services.
- The Service offers a range of tools and mediations to operate an online shop, orders and sell the products using on the websites. Additionally the services can also constitute the professional advice regarding the use of mechanisms and resources provided by the BostonPredictiveAnalytics.com
- For utilization of the services the client is supposed to complete the entire registration procedure. Client must provide real, accurate, complete and recent information and details about the client stated in the form and will have to keep it updated with the most recent information to make it current. A formality in the registration is that the client receives an e-mail and password for the client to determining his account with BostonPredictiveAnalytics.com. It is the sole responsibility of the client to maintain his security details and files including the password and account information safely. BostonPredictiveAnalytics.com has the complete authority to refuse or cancel the accounts instead which it finds to be disagreeable.
2. Responsibilities and Restrictions
- 2.1 This is a contract with customer for the services and in no case a license for the software through this agreement will be granted. With this agreement the customer in no case will ever, be it directly or indirectly make a recompilation, disassembling or otherwise try to make a derivative of source code and object code, or produce an underlying structure, ideas or algorithms or section of the service or the software, make a documentation and manipulate the data or software, make a translation or produce the derivatives using it, make a Service or the Software distribution, copy (exemption for the for archival copying), assigned, pledged or otherwise dislodge or hinder the rights to services or software, to use the services or software for the purposes such as service bureau or other benefit third parties and timesharing, or take away any of the notices or labels which are proprietary to it.
- 2.3For each email which is sent in conjunction with the services, the customer confirms to agree that the recipient has consented to receive such messages, and the client does not engage in the act of sending the autonomous emails.
- 2.4 In services through various functions, customer must provide the information (as name, address or any other information in terms of the registration) to the BostonPredictiveAnalytics.com. BostonPredictiveAnalytics.com reserves the right to use the provided information and or the technical information of the clients using this website to measure their presentations to clients to manage the movement of the client through the Web site or contact the customer separately. BostonPredictiveAnalytics.com does not give the information of the clients to any organizations. BostonPredictiveAnalytics.com does not allow organizations to sell that information, and distribute it without permission
- 3.1Customer may terminate the contract or the Agreement at any time by producing and sending an email to email@example.com or they can produce a written copy of the notice for BostonPredictiveAnalytics.com at,
(Near MIT/Kendall 'T')
Cambridge Innovation Center,
One Broadway, 14th Floor,
Cambridge, MA 02142
15950 Dallas Parkway,
Dallas, TX 75248
- 3.2 BostonPredictiveAnalytics.com has the right to terminate this Agreement or the Services at any time with or without notice and with or without cause. BostonPredictiveAnalytics.com will not possess any liability towards the Customer or even the third party which results after the termination.
- 3.3 With the termination process for any purpose, BostonPredictiveAnalytics.com may delete all the Customer data which is archived within a period of the 30 days followed by the date of termination. All sections of these parts of the Agreement which through the nature are supposed to survive the termination process will be able to survive the termination, this includes, without warranty disclaimers, limitation and limitations of liability.
- 3.4In cases of the customer failing to log into their account for more than a period of 90 days this will result in the account becoming inactive. If Customer does not log into its account for more than 90 days, the account may become inactive. The account is termed as inactive by the (at the discretion of BostonPredictiveAnalytics.com), inactive customers of the BostonPredictiveAnalytics.com will receive an e-mail. Inactive accounts will have 30 days to take action or accounts and data, including the results of the signup campaign can be permanently deleted from its database.
4. Disclaimer for Warranty
The customer uses the services at their own risk. BostonPredictiveAnalytics.com does not assure that the service will be without errors and interruptions. BostonPredictiveAnalytics.com also doesn't warrant about the consequences that may not be acquired by using the services.
(Includes without the limitation the services you receive from BostonPredictiveAnalytics.com)
BostonPredictiveAnalytics.com provides the services (as is) and it disclaims the entire warranties
, be it express or implied includes, but not the limited to, merchantability warranties or fitness for a particular reason and the non infringement.
5. Limitation of Liability
Notwithstanding anything except the injury or damage to property, movable and immovable, for which BostonPredictiveAnalytics.com and its suppliers (including, but not all devices and equipment suppliers) and officers, subsidiaries, agents, contractors and employees shall not be responsible for any direct, indirect or consequential damages from the action of the contract or otherwise even though BostonPredictiveAnalytics.com have suggested the possibility of the damage
6. Technical Data or the Export of Services
Customer cannot under any circumstances remove or export the services from Australia or even permit the export or re-export of Services, or thereof any straight line product which includes the technical information, in the circumstances of violating any of the rules or regulations, laws of the United States or any country or nation applicable for the same.
- 7.1If the provision of this Agreement is held to be unenforceable or invalid, the same provision will be eliminated or limited to the minimum extent essential so that this Agreement will otherwise exist in complete force and effect and is enforceable.
- 7.2 The both parties agree that this Agreement is the entire and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previously written and oral agreements, the communication, and other understandings related to the subject matter of this Agreement, and that all waivers and modifications shall be produced in written and signed by both the parties.
- 7.3No combined venture or employment including partnership or agency is coming into existence as a consequence of the Agreement, the client does not possess authority of any kind which can bind BostonPredictiveAnalytics.com in any aspect what so ever.
- 7.4In any action or proceeding to enforce rights under this Agreement, the prevailing party will be permitted to recover its costs and attorneys' fees.
- 7.5In in all aspects of a suit or proceeding shall have the rights of this exercise, the agreement prevailing party will be entitled to its costs and expenses of the attorney
- 7.6This Agreement is governed by the laws of the State of Texas, USA with regard to its conflict of law's provisions without reserve norms.
- 7.7We always reserve the right to make changes in the schemes of our pricing and we will inform you with an email when this happens.
8. Payment and Service Renewal
- 8.1 Terms of service: The subscription period of the customer service starts with the customer acceptance of these Terms and the termination is as per the above mentioned process.
- 8.2Payment ends as shown. The customer agrees to pay all costs of maintenance and the operation at the time of his registration, the first use and / or renewal or updated in accordance with these conditions and terms, it may be amended from time to time by BostonPredictiveAnalytics.com
- 8.3 The Automatic renewal account and / or domain BostonPredictiveAnalytics.com. In the form of courtesy, not obligation (in contract or otherwise), fourteen (14) days before the expiration of the hosting account of the client.BostonPredictiveAnalytics.com customers account will be automatically renewed, chosen for the same term in the first instance, at the time, which cannot be reduced in price through the collection of fees for the payment originally chosen by the customer. Just as a courtesy and not obligation (in contract or otherwise), fourteen (14) days before the expiration of the domain name of the client when they are registered with BostonPredictiveAnalytics.com (or its subsidiaries), or, if it is adopted by BostonPredictiveAnalytics.com and recorded (or its subsidiaries) will be automatically renewed BostonPredictiveAnalytics.com client area for the same period initially chosen at that time, not any lower, first by collecting fees on the payment method selected by the customers at registration . The Customer acknowledges and agrees that the obligation to renew his / her / its account or domain is the sole responsibility of the customer, but not in obligation (in contract or otherwise) with BostonPredictiveAnalytics.com
Although the agreement for the performance of the said courtesy BostonPredictiveAnalytics.com is communicated to the customer of its release from any responsibility for its failure due to any reason to extend or renew the domain, yet the Customer acknowledges that there can be many reasons with BostonPredictiveAnalytics.com to not renew account or domain with them, including, but not limited to, non-compliance with BostonPredictiveAnalytics.com, for any reason, to bill the renewal to customers credit card or get a response from customer on the last known email address or otherwise. The Customer acknowledges that the account and / or domain, when in terms of inability to be renewed, for any reason, will expire on the account or domain expiry date, if it's applicable.
- 8.4Cancellation automatically of the updates and renewal of the account or domain name. In order to make a cancellation of the automatic renewal of an account or automatic domain renewal, the customer should inform BostonPredictiveAnalytics.com for at least sixteen (16) days before the date of BostonPredictiveAnalytics.com account expiration. They may direct the cancellation of the account domain management ,automatic update notification ,automatic cancellation of reservation and / or termination of domain renewal notice to BostonPredictiveAnalytics.com possibly using the E-Mail firstname.lastname@example.org. BostonPredictiveAnalytics.com agree that by receiving automatic notification of the cancellation of a reservation and / or Automatic Domain Renewal notice of withdrawal in accordance with the above conditions, no additional charges will be procured from the customer, and the customer's account will be expired with appropriate expiration date as applicable.
- 8.5Cancellations and the refunds
BostonPredictiveAnalytics.com will not provide any guarantee such as money back, on new account openings and registrations whatsoever.
- 8.6Prohibited victims.
No customer can use the service to sell offer or offer for sale the following use: Replica of controlled substances, weapons, pirated materials, instructions on making, assembling or obtaining illegal drugs or weapons used, illegal drugs and contraband, other property rights to the information (s) not the brand (s) or other intellectual property or information to destruct or attack information connected illegal harm to humans or animals, pornographic content, nudity, sexual activities or products and items, services and programs, escort services or other content as relating to adult services
- 8.7 The prohibition of profanity. Usage of the profanity or profane subject content of the website and the domain name is completely prohibited.
- 8.8Private information and photos. Customers can not disclose any personal or private information or images of children or any third party without the permission of that particular person (or the permission of a parent when a minor).
- 8.9 Violations of the rights of intellectual property. Any infringement of intellectual property rights or rights of a person, the right to privacy of citizens is prohibited or other personal rights. For BostonPredictiveAnalytics.com it is a legal requirement to be removed or prohibit the access such material or content through the Services upon receipt of proper notice of copyright infringement (check the following below "Copyright Infringement Notice Information").
- 8.10 Misrepresentation of information transfer
Forging, distortion or omission or the deletion of the message headers, misleading sender information using it to hide the Internet protocol addresses for such reason is strictly prohibited
- 8.11Viruses and other destructive actions. The use of services for creation and sending of viruses, Internet worms or Trojan horses, or for the diagnosis or flooding or mail bombing, or engaging in denial of service attacks is prohibited. For the client to perform other activities that disturb or intended to interfere with, participation, or lead to a disruption of the ability of the other s to actually use the services (or any connected network. systems, services or tools) or have their Internet activity used in any illegal manner is prohibited by BostonPredictiveAnalytics.com.
- 8.12 Hacking. Any process of "Hacking" and connected activities are completely prohibited. "Hacking" includes, not limited to, the following: illegal or unauthorized accounts on computers or networks to access, stealth scans, or attempt to penetrate in measures of security, port scans and other activities to promote and support the hacking process.
- 8.13 Proxies (Anonymous). BostonPredictiveAnalytics.com prohibits the use of anonymous proxy scripts on all its servers. Such acts can be very offensive to server's resources making an impact on the users on the server
- 8.14 Violations on the export control, the exporting of the encrypted software at any place outside the Australia and /or any violation of the law and regulations of the Australia in concern with the software export are strictly prohibited. The customer in no case should export or transmit, indirectly or directly, any of the service or product and data to any individual outside Australia without the complying of all codes, rules and regulations, statuses and ordnances which are applicable and imposed by the federal or local law and state law of Australia or some other law.
- 8.15 Child pornography. Using these services for the storage, posting, displaying, transfer, selling, promoting or advertising or otherwise providing the availability of the child pornography is prohibited in a very strict manner. BostonPredictiveAnalytics.com is required by the law to, and will, inform the law enforcers and agencies in cases where it is aware of the activities or presence of the child pornography, on or being transferred using the services.
- 8.16 Other Illegal Activities. The utilization of the service to being involved in any activity which is considered by BostonPredictiveAnalytics.com, in its complete discretion solely, to be illegal is prohibited very strictly. The activities listed by BostonPredictiveAnalytics.com include, but are not restricted to, storage, post, display, transfer, selling or otherwise making available marketing or pyramid offers, charging the customers or anyone with credit cards using fraudulent methods or displaying credit card information of third parties without the permission of them, and failure to abide with the online privacy laws which are applicable. BostonPredictiveAnalytics.com agrees to be cooperative with the authorized law enforcers and the law agencies in relation with such illegal activities taking place on or through the Services.
- 8.17 Storage and Backup. The BostonPredictiveAnalytics.com provides the service to host the websites (ecommerce sites) and doesn't allow storing the information or data. Making the use of this service to store the files and archiving them is prohibited and will be leading to termination of the services without any notice in such cases.
- 8.18 Other Activities. Involvement in any kind of activity, in BostonPredictiveAnalytics.com discretion in a sole manner which creates interference or disruption or harms (threatens to make disruption or to prove harmful to the) services, BostonPredictiveAnalytics.com its business and reputation and goodwill, relation with its clients and customer relations and the BostonPredictiveAnalytics.com's ability to utilize the services is strictly prohibited.
The above activities consist of making up programs services or items and products which are manufactured to make violation to the terms and conditions. In cases where the customer is failing to cooperate with the BostonPredictiveAnalytics.com for the correction and prevention of the terms violations, that a consequence rising from the activities of, a patron, invitee, visitor, guest customer or subscriber of the Customer is contributing towards the violation of the terms by the customer.
- 8.19 "COPYRIGHT NOTICE INFRINGEMENT INFORMATION". According to the Digital Millennium Copyright Act, BostonPredictiveAnalytics.com has made a policy adoption which provides for the process of termination of the websites that are hosted by BostonPredictiveAnalytics.com which are found to be infringing the copyrights of the third parties. In case of a holder of copyright which proceeds to BostonPredictiveAnalytics.com about the infringement of his copyright by any website hosted by the BostonPredictiveAnalytics.com or any BostonPredictiveAnalytics.com subsidiary, and when the holder of such a copyright is asking BostonPredictiveAnalytics.com to remove the content or disable it or remove the website completely, BostonPredictiveAnalytics.com will take the necessary action and do so if the copyright holder produce sand provides with the following information to BostonPredictiveAnalytics.com. An authorized signature of the individual to act on behalf of the possessor who has the right which has undergone infringement is also provided. A list of the works which have been identified as copyrighted also in cases of infringement of multiple works which are copyrighted.
Recognition of the material claimed as to be infringing or the subject of the offense must be detached or contact to the material should be immobilized only when there is enough information to locate it.
Information enough to allow us so that we can communicate with the person who gave the notice, such as address and telephone number as well as, if applicable, e-mail address to which the person may be connected.
The notice is in good faith from the statement given by a person, and that the utilization of the matter in the way which is not certified by the copyright holder or law or its agent.
The details in the notice are completely accurate as provided in a statement, and under penalty of perjury, that the person who approves the announcement on behalf of the holder of the special right which is infringed.
- 8.21 Governing law. These conditions are governed by the laws of Texas without reference to conflict of the principles of law. The United Nations Convention on the International Sale of Goods does not apply to be regulated and therefore excluded. A subscription to or utilization of any of the services provided by the BostonPredictiveAnalytics.com, the customer agrees that every dispute, if any, with respect to BostonPredictiveAnalytics.com shall be in the exclusive jurisdiction of the state and federal courts situated in Texas, provided further that all the claims against the BostonPredictiveAnalytics.com, shall be subject to the State court of Texas and be presented here. The client agrees that the focus of a specific person within the jurisdiction of the courts for all purposes in relation with these Terms and / or in relation with any claim or dispute with BostonPredictiveAnalytics.com. Client hereby waives every objections that it has or may have, known or unknown, whether legally in Texas long arm statue, or otherwise, to the existence of the said within the jurisdiction of a particular person. Customer complies with us that it has no right, and should not submit or file a lawsuit against BostonPredictiveAnalytics.com outside of Texas, and the client if it is involved in a court trial outside of Texas should be taken into account to ensure a movement by and for the said lawsuit against BostonPredictiveAnalytics.com shall be rejected.
- 8.22 Disclaimer of Warranty. You, the customer, make an acknowledgment that the software and services are supplied "as is as available basis"" without the production of any kind of warranty. BostonPredictiveAnalytics.com make a disclaimer that it provides no warranty or condition in regard of the quality of the service, including the functionality and performance of the services and software and also the information quality and accuracy which is procured by using our software and services, or that software and the service will be free from the errors and without interruptions and also be protected and free from the malware and viruses. The software and the services can contain errors, in no case any advice or consultation provided by any of the customer service or any one relating to BostonPredictiveAnalytics.com can be held as the warranty to our service or software.
BostonPredictiveAnalytics.com does not provide a guarantee that the consumer may be able to utilize the service at any point of time at any location. In case of third parties assuring that they are compatible with our services and software BostonPredictiveAnalytics.com never warrants any such claim.
- 8.23 Limitations in the liability of the BostonPredictiveAnalytics.com. BostonPredictiveAnalytics.com will not be held liable for any inability in performance or delay cause in the performance be it any reason whatsoever. Be it under its control or outside it. In no case will BostonPredictiveAnalytics.com be held liable within any contract, tort or negligence, any legal or equitable theory which involves the indirect or direct consequential or exemplary and incidental loss or damage (includes without the loss of profit and use, data loss and any kind of business loss be it goodwill or anything) be it advised or not by BostonPredictiveAnalytics.com. BostonPredictiveAnalytics.com in no case is liable for any obtain of goods and technology or services whatsoever.BostonPredictiveAnalytics.com compete liability and the client's exclusive remedy in accordance to any utilization of services can be termed into the cancelation of the customer's account as set forth herein. In no case shall BostonPredictiveAnalytics.com be liable to any customer exceeding the greater of ($1.00) one dollar or any sum paid in cash by the customer, to BostonPredictiveAnalytics.combefore a period of one month. No matter what no action irrespective of its nature and form raised through the terms or services can be brought to us by the customer, addition of a year after the case which raised the problem. A few jurisdictions never allow any limitation on the liability in cases where a negligence that can be fatal or cause a death or injury to a person, in such an event the liability of BostonPredictiveAnalytics.com will be completely limited to the fullest extent permitted by the law.
- 8.24 Indemnification of BostonPredictiveAnalytics.com. You promise to defend and agree as a customer, indemnify and hold the BostonPredictiveAnalytics.com, its sponsors ,its subsidiaries or affiliates, and partners, any of the co-branders and the directors associated with them, officers or the employees of persons from any and all claims, losses, damages , liabilities and expenses (includes, without limitation, the compensation of the attorneys' fees and court charges), the use of or in relation with any breach by you of these Terms or the services by you or any third party, except as noted above, the direct result of gross negligence or intent BostonPredictiveAnalytics.com. BostonPredictiveAnalytics.com reserves the right, at its own expense, defends and exclusive control of any matter otherwise damages, indemnification by customers.