These Terms of Use govern your use of the content and functions available through the domain name www.bochiinvestments.com/ and other websites and applications on which these terms reside or are linked from (the “Website” or, collectively, the “Websites”), owned by Bochi Investments, LLC (hereinafter “Bochi Investments”). If you do not agree to these Terms of Use or our Privacy Policy, found at www.bochiinvestments.com/privacy-policy, you should not use the Websites. These Terms of Use are an ongoing contract between you and Bochi Investments and apply to your use of the Websites. These Terms of Use affect your rights, and you should read them carefully.
Bochi Investments reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the Websites after changes are made to these Terms of Use means that you agree to be bound by such changes. You are expected to check this page each time you access any of the Websites so you are aware of any changes, as they are binding on you.
Any information submitted on the Websites is subject to our Privacy Policy, found at www.bochiinvestments.com/privacy-policy, the terms of which are incorporated herein. Please review our Privacy Policy for more information about our information collection and use practices, which applies to information we collect and/or you submit on the Websites.
These Terms of Use apply to all users of the Websites. The Websites may contain links to third party websites or applications, or may be made available through third party devices, that are not owned or controlled by Bochi Investments. Bochi Investments has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or devices. In addition, Bochi Investments will not and cannot censor or edit the content of any third-party site, application, or device. By using the Websites, you expressly relieve Bochi Investments from any and all liability arising from your use of any third-party website, application or device. Accordingly, we encourage you to be aware when you leave the Websites and to read the terms and conditions and privacy policy of each other website, application and device that you visit.
Bochi Investments hereby grants you permission to use the Websites as set forth in this Terms of Use, provided that:
You agree not to use or launch any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Websites for any purpose, including monitoring or copying any of the material on the Websites. Notwithstanding the foregoing, Bochi Investments grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials but not caches or archives of such materials. Bochi Investments reserves the right to revoke these exceptions either generally or in specific cases. You agree not to use any device, software, or routine that interferes with the proper working of the Websites. You agree that you will not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites.
The content on the Websites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Bochi Investments, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Bochi Investments reserves all rights not expressly granted in and to the Websites and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein.
Viewing and printing Content made available through the Websites for your personal, non-commercial use is permitted provided such copies are not used for further reproduction, publication, or distribution. Additionally, your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing the Content and you may store files that are automatically cached by your Web browser for display enhancement purposes. Except as provided in this paragraph, no license to any Content is granted to you and all other use, copying, reproduction, distribution, adaptation, modification or communication of Content made available through the Websites is prohibited. Linking to or framing of the Websites or any Content made available through the Websites is also prohibited. You must not and agree not to: (i) modify copies of any Content; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; and (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of these Terms of Use, your right to use the Websites will stop immediately and you must, at Bochi Investments’ option, return or destroy any copies of the Content you have made. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Marks used on the Websites, and all related names, logos, product and service names, designs, and slogans, are trademarks of Bochi Investments or its affiliates or licensors. You must not use such marks without the prior written permission of Bochi Investments. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BOCHI INVESTMENTS, ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. BOCHI INVESTMENTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, SECURITY, RELIABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITES, THE CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, DENIAL-OF-SERVICE ATTACKS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. TO THE FULLEST EXTENT PROVIDED BY LAW, BOCHI INVESTMENTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. BOCHI INVESTMENTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES, ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BOCHI INVESTMENTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL BOCHI INVESTMENTS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO YOUR ACCESS TO AND USE OF OUR WEBSITES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; AND/OR (VI) FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE WEBSITES OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOCHI INVESTMENTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BOCHI INVESTMENTS SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BOCHI INVESTMENTS’ LIABILITY FOR ANY DIRECT DAMAGES EXCEED $100.
Bochi Investments makes no representations about the reliability of the features on the Websites, the content, or any other of the Websites’ features, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Bochi Investments makes no representations regarding the amount of time that any content will be preserved.
The Websites are controlled and offered by Bochi Investments from its facilities in Oregon. Bochi Investments makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRE
You agree to defend, indemnify and hold harmless Bochi Investments and each of its partners, officers, directors, managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Websites.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Websites are not intended for children under 13. If you are under 13 years of age, then please do not use the Websites.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Bochi Investments without restriction.
At Bochi Investments’ sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law.
The Terms of Use will be governed by and construed in accordance with the internal laws of the state of Oregon without regard to conflicts of laws and principles. By using the Websites, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the courts located in Oregon, or the U.S. District Courts of Oregon.
These Terms of Use operate to the fullest extent permissible by law. If Bochi Investments fails to act with respect to your breach or anyone else’s breach on any occasion, Bochi Investments is not waiving its right to act with respect to future or similar breaches. If any provisions of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Bochi Investments regarding the use of the Websites.
Please direct any questions or comments concerning these Terms of Use to info@bochiinvestments.com.