BMS FINTECH

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Terms

of Use

Effective Jul 19, 2024

ACCEPTANCE OF TERMS AND ELIGIBILITY

BMSFintech.com is the URL for BMS Health Financing LLC, a Georgia corporation which has a registered d/b/a of BMS Fintech and the names may be used interchangeably.  BMSFintech provides an interactive financial and medical software (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms”). By registering and using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular BMSFintech services, you agree to abide by any applicable posted rules, policies and guidelines for all BMSFintech services, which may change occasionally. If you object to any of the Terms discussed below, your primary option is to discontinue using the service.

Use of the Service is for personal or commercial use and is void where prohibited. You shall comply with all applicable local, state, federal and national laws, statutes, ordinances and regulations regarding the use of the Service. You represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. at least 18 years of age and have Internet access, and a valid e-mail address. While individuals between the ages of 13 and 18 may utilize the Service, they may do so only with the involvement of a parent or legal guardian. If you are 13 or older but under the age of 18, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.

Modifications to this Agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that BMSFintech does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the BMSFintech site and Content available through the Service may contain links to other websites, which are completely independent of BMSFintech. BMSFintech makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will BMS Fintech be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that BMS Fintech does not pre-screen or approve Content, but that BMS Fintech shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

Third Party Content, Sites, And Services

The BMSFintech.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BMS Fintech, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

You agree that BMS Fintech shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BMS Fintech is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BMS Fintech, its officers, employees, agents, investors and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

Notification Of Claims Of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify BMS Fintech for notice of claims of copyright or other intellectual property infringement, at: info@BMSFintech.com

Privacy And Information Disclosure

BMS Fintech has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: Privacy Policy

Your use of the BMSFintech.com website or the Service signifies your commitment to adhering to our Privacy Policy. You further acknowledge and agree that BMS Fintech may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably

necessary to comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of BMS Fintech, its users or the general public.

RESTRICTED ITEMS

While using the Site, you will not :

  • Post content or items in an inappropriate category or areas on the Site;
  • Violate any laws, third party rights, or our policies such as Restricted Items policies;
  • Use the Site if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from our Site;
  • Use the Site if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from our Site;
  • Fail to deliver payment for items borrowed by you, unless the lender has materially changed the item's description after you confirmed, a clear typographical error is made, or you cannot authenticate the lender's identity;
  • Fail to deliver items loaned from you, unless the borrower fails to meet the posted terms, or you cannot authenticate the borrower's identity;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to BMS Fintech);
  • Transfer your BMSFintech.com account (including feedback) and User ID to another party without our consent;
  • Distribute or post spam, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm BMS Fintech, or the interests or property of BMS Fintech users;
  • Copy, modify, or distribute content from the Site and BMS Fintech's copyrights and trademarks; or
  • Harvest or otherwise collect information about users, including email addresses, without their consent.

CONDUCT

You agree not to post, email, or otherwise make available Content:

  • That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that harasses, degrades, intimidates or is hateful toward an individual orgroup of individuals on the basis of religion, gender, sexual orientation,race, ethnicity, age, or disability;
  • That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
  • That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • That constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  • That constitutes or contains any form of advertising or solicitation if:posted in areas of the BMS Fintech sites which are not designated for such purposes; or emailed to BMS Fintech users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
  • That includes links to commercial services or web sites, except as allowed in "services";
  • That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law of the United States.
  • That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Additionally, you agree not to:
  • "stalk" or otherwise harass anyone;
  • Collect personal data about other users for commercial or unlawful purposes;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by BMS Fintech;
  • Attempt to gain unauthorized access to BMS Fintech's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BMSFintech.com website; or

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to BMS Fintech email addresses or through BMS Fintech computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers. Any unauthorized use of BMS Fintech computer systems is a violation of these Terms and certain laws of the United States. Such violations may subject the sender and his or her agents to civil and criminal penalties.

LIMITATIONS ON SERVICE

You acknowledge that BMS Fintech may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BMS Fintech has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BMS Fintech reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BMS Fintech shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Access To The Service And Interference

BMS Fintech grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by BMS Fintech. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

Use of the Service beyond the scope of authorized access granted to you by BMS Fintech immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from BMS Fintech.

TERMINATION OF SERVICE

You agree that BMS Fintech, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if BMS Fintech believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that BMS Fintech shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of BMS Fintech. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of BMS Fintech, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although BMS Fintech does not claim ownership of content that its users post,by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to BMS Fintech an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant BMS Fintech all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE BMS Fintech SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BMS Fintech SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BMS Fintech DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BMS Fintech SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BMS Fintech DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BMS Fintech SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BMS Fintech SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BMS Fintech DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BMS Fintech SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BMS Fintech BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BMS Fintech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BMS Fintech SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BMS Fintech SITE OR THE SERVICE, FROM INABILITY TO USE THE BMS Fintech SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BMS Fintech SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BMS Fintech SITE OR THE SERVICE OR ANY LINKS ON THE BMS Fintech SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BMS Fintech SITE OR THE SERVICE OR ANY LINKS ON THE BMSFintech.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify and hold BMSFintech.com, its officers, subsidiaries, affiliates, investors successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

GENERAL INFORMATION

The Terms constitute the entire agreement between you and BMSFintech.com and govern your use of the Service, superseding any prior agreements between you and BMSFintech.com. The Terms and the relationship between you and BMSFintech.com shall be governed by the laws of the United States of America; without regard to its conflict of law provisions. The Courts of law in Tennessee shall have exclusive jurisdiction over any disputes arising under this agreement. You and BMS Fintech agree to submit to the personal and exclusive jurisdiction of the courts located in the United States of America. The failure of BMS Fintech to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

FEEDBACK

We welcome your questions and comments on this document. You can email us at info@BMSFintech.com