The following agreementoutlines your obligations when using the Bops website available athttps://www.bops.ai/ or any other websites of Bops AI Corp. or its subsidiaries(collectively, “Bops”), (each a “Site”). The Site is owned and operated byBops, and is accessed by you under the terms of use described below (“Terms ofUse”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THESITE OR ANY CONTENT ON THE SITE. BY ACCESSING THE SITE OR ANY CONTENT ON THESITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOTAGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USETHE CONTENT OR ANY SERVICES IN THE SITE. BOPS’ ACCEPTANCE IS EXPRESSLYCONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THEEXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED ANOFFER BY BOPS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Bops reserves the right, atits sole discretion, to modify or replace the Terms of Use at any time. If thealterations constitute a material change to the Terms of Use, Bops will notifyyou by posting an announcement on the Site. What constitutes a “material change”will be determined at Bops’ sole discretion, in good faith and using commonsense and reasonable judgment. You are responsible for reviewing and becomingfamiliar with any such modifications. Use of the Site by you following suchnotification constitutes your acceptance of the terms and conditions of theTerms of Use as modified.
Bops shall retain allworldwide rights in the intellectual property of the Site and any content onthe Site, including, but not limited to, trademarks, the “look and feel” of theSite, its color combinations, layout, and all other graphical elements, and thecopyright in and to its original content. You should assume that everything youread or see on the Site is copyrighted or otherwise protected and owned byBops, or a third party who licensed the right to use such content to Bops.Unless otherwise expressly noted, nothing that you read or see on the Site orother site content, or any of the source code or HTML code that Bops uses to generatethe Site may be copied, reproduced, modified, distributed, transmitted,republished, displayed, or performed for commercial use without the priorwritten consent of Bops, except as provided in the Terms of Use, without priorwritten consent or otherwise permitted by relevant law.
To the extent that Bopsprovides for the download of Bops software from the Site and any information ordocumentation related thereto (collectively “Software”), such Software isprotected by the applicable copyright, patent or other intellectual propertyrights of either Bops or the third-party licensor. Any use of the Software issubject to the terms of the applicable end-user or other license termscontained in the files for such Software. You are permitted to use the Softwarefor your personal, non-commercial use or legitimate internal business purposesrelated to your role as a contractor of Bops, partner of Bops, or current orprospective customer of Bops. As between the parties, Bops solely shall own andhereby retains all rights, title and interest in and to the Software(including, without limitation, all patent, copyright, trademark, trade secretand other intellectual or industrial property rights embodied in the Software).You shall not reverse engineer or attempt to discover any source code orunderlying ideas or algorithms of any Software (except to the extent thatapplicable law expressly prohibits such a reverse engineering restriction or tothe extent the specific Software was provided in source code form by Bops).
You will indemnify and holdharmless Bops, its parents, subsidiaries, affiliates, customers, vendors,officers and employees from any liability, damage or cost (including reasonableattorneys. fees and cost) from any claim or demand made by any third party dueto or arising out of your access to or use of the Site or any content on theSite, violation of the Terms of Use by you, or the infringement by you of anyintellectual property or other right of any person or entity.
Diligent care has been takenin acquiring and providing the information included and posted on the Site.Nonetheless, Bops makes no guarantee or warranty, express or implied, as to thereliability, accuracy, timeliness or completeness of that information andassumes no responsibility for any errors or omissions therein. USER ACCESSESTHIS SITE AT HIS OR HER OWN RISK. THE SITE AND ALL CONTENT ON THE SITE ISPROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANYAND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEORNON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER BOPS NOR ITS AFFILIATES,EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSSRESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE,INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANYDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES,EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THISDISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OROMISSION OF BOPS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONSERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT ORANY OTHER MEANS. BOPS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENTACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILLBOPS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTYCONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHERUSERS. IN NO EVENT WILL BOPS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES ORASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTYOF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
Bops does not object to linkson third-party sites to the homepage of the Site in an appropriate context.However, “framing” or “mirroring” the Site or any of its content is prohibitedwithout the prior written consent of Bops. The Site may provide links to othersites or resources available on the Internet. Links or other resources that maybe accessed via this Site and any other third-party content are being providedas a convenience and for informational purposes only unless otherwise expresslynoted. Because Bops has no control over such sites and resources, youacknowledge and agree that Bops is not responsible for the availability of suchexternal sites or resources, and does not endorse and is not responsible orliable for any content, advertising, products, services or other materials onor available from such sites or resources, or of the organizations publishingsuch websites. You also acknowledge and agree that Bops is not responsible forthe accuracy or legality of any such third-party sites or resources or thecontent that may be accessed via this website. You further acknowledge andagree that Bops shall not be responsible or liable, directly or indirectly, forany damage or loss caused or alleged to be caused by or in connection with useof or reliance on any such content, goods or services available on or throughany such site or resource. Contact the external third-party website for answersto questions regarding its content.
The company name, graphics,logos, designs, page headers, button icons, scripts, and other product andservice names are the trademarks and trade names of Bops. Bops’ trademarks andtrade names may not be used, including as part of trademarks and/or as part ofdomain names, in connection with any product or service in any manner that islikely to cause confusion.
We use reasonable securitymeasures and take reasonable system, process and administrative precautions toprotect the security and integrity of email and other electronic communicationsthat you may send to us. Despite all these precautions, no method oftransmission over the Internet is entirely secure and we cannot guarantee theconfidentiality or security of the electronic communications or its contents.You transmit such information at your own risk and you should decide verycarefully which information you want to send us via any electroniccommunication.
Users are prohibited fromviolating or attempting to violate the security of the site. Bops willinvestigate occurrences of possible violations and will cooperate with allapplicable law enforcement authorities in prosecuting violators.
The Software is a “commercialitem” as defined at 48 C.F.R. 2.101, consisting of “commercial computersoftware”, “commercial computer software documentation” and “commercialservices”. If you are a U.S. governmental entity, then you acknowledge andagree that (i) use, duplication, reproduction, release, modification,disclosure, or transfer of the Software and any related documentation of anykind, including, without limitation, technical data and manuals, will berestricted in accordance with Federal Acquisition Regulation 12.212 forcivilian purposes and Defense Federal Acquisition Regulation Supplement227.7202 for military purposes, (ii) the Software were developed fully atprivate expense and (iii) all other use of the Software except in accordancewith the license grant provided above is strictly prohibited.
The Terms of Use constitutesthe entire agreement between users of the Site and Bops, and regarding thesubject matter hereof. If you breach any term of the Terms of Use, Bops maypursue any legal or equitable remedy available, including but not limited to,direct, consequential, and punitive damages and injunctive relief. Bops’remedies are cumulative and not exclusive. Failure of Bops to exercise anyremedy or enforce any portion of the Terms of Use at any time shall not operateas a waiver of any remedy or of the right to enforce any portion of theAgreement at any time thereafter. Users of this Site are responsible forcompliance with all applicable regulations and laws. Any dispute arising out ofthe Terms of Use shall be governed by the laws of New York, notwithstanding anyconflicts of law principles. Any action relating to the Terms of Use must befiled and maintained in a court in the state of New York, USA, and usersconsent to exclusive jurisdiction and venue in such courts for such purpose. Ifyou are legally exempt from certain responsibilities, then theseresponsibilities don’t apply to you under these terms.