Terms and Conditions of Use

 

1.  GRANT OF RIGHTS AND RESTRICTIONS ON USE
1.1 You and your Authorized Users (as defined herein) are granted a nonexclusive, nontransferable, limited right to access the Online Services made available to you. The rights granted to each Authorized User are as follows: 
(a) You have the right to use the Software and related software documentation solely for the intended purposes of the Software as set out in the documentation.
(b) You agree not to lease, rent, distribute or sublicense the Software or any rights therein to third-parties.
(c) You agree not to install the Software on a network server or in any other unauthorized manner.
(d) No license is granted to you in the Software source code.  Except as provided herein, this Agreement does not grant you any other rights in the Software and documentation.
(e) You agree not to make any modifications to or unauthorized copies of the Software or software documentation.
(f) You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software or assist someone in performing such acts.
(g) You have the right to electronically display Materials retrieved from the Online Services for the Authorized User’s individual use (e.g., no Authorized User may network others via LANs, WANs, intranets or the Internet).  
(h)  You have the right to make print copies of Materials using Online Services commands.
(i) You have the right to download using Online Services commands and store in machine readable form for no more than 30 days, for that Authorized User’s exclusive use, a single copy of the Materials in a temporary file;
(j)  You agree that downloading and storing Materials to a database is prohibited. If you are not an Authorized User, you are not permitted to access or use the Online Services for any purpose. 
1.2 Except as specifically provided in Section 1.1 you and your Authorized Users are prohibited from downloading, emailing, faxing, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. Additionally, under no circumstances may you or any Authorized User offer any part of the Online Services or Materials for commercial resale or commercial redistribution in any medium or use the Online Services or the Materials to compete with the business of BC.
1.3 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services in any medium belongs to BC. Neither you nor your Authorized Users acquire any proprietary interest in the Online Services, Materials, or copies thereof, except the limited rights granted herein.
1.4 Neither you nor your Authorized Users may use the Online Services or Materials in any fashion that infringes the intellectual property rights or proprietary interests of BC or any third party. Your use of the Online Services must comply with all applicable laws, rules or regulations.
2.  ACCESS TO SERVICES
2.1 Only your employees, temporary employees, partners, members, and contractors dedicated to performing work exclusively for you (to the extent those categories of persons are appropriate to your situation) may access and use the Online Services as an “Authorized User.”  An” Authorized User” is a person that you have identified to BC for purposes of issuing an BC User Name and Password. You agree that each BC User Name and Password may only be used by the Authorized User to whom BC assigns it and that the BC User Name and Password may not be shared with or used by any other person, including other Authorized Users. You will manage your roster of Authorized Users and will promptly notify BC to deactivate an Authorized User’s BC User Name and Password if your relationship with the Authorized User ends or you otherwise wish to terminate the Authorized User’s access to the Online Services. You are responsible for all use of the Online Services accessed with BC User Names and Passwords issued to your Authorized Users, including associated charges, whether by Authorized Users or others. You will use reasonable commercial efforts to prevent unauthorized use of BC User Names and Passwords assigned to your Authorized Users and will promptly notify BC, in writing, if you suspect that a BC User Name and Password is lost, stolen, compromised, or misused.
2.2 Use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited.  Unless otherwise agreed to by BC in writing, use of the Online Services is permitted only via manually conducted inquiries, individual information retrieval requests and retrieval activities. 
2.3 The Online Services, may be enhanced, added to, withdrawn, or otherwise changed by BC without notice. 
3. Subscriber Submitted Information
3.1 BC will collect information from you to allow your use of the Online Services, including information regarding service locations for water/electric/gas connections and ground services lines (“User Information”).
3.2 Any User Information collected by BC will be maintained securely by BC. 
3.3 You are solely responsible for the accuracy of User Information submitted to BC. 
3.4 You grant BC a perpetual license to use and reproduce User Information submitted to BC. 
4.  LIMITED WARRANTY
4.1 BC represents and warrants that it has the right and authority to make the Online Services available to you and your Authorized Users as authorized expressly by this Subscription Agreement.
4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1, THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS.  BC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF ME