Terms Of Use

 

Thank you for visiting BIPWorks.com (hereinafter referred to as the “Website”.) The Website is owned and operated by Bhugesh Investments (dba B.I. Production Works, hereinafter referred to as “B.I. Production Works,” “we” or “us”). B.I. Production Works is located at 1331 Lions Club Road, Madison, GA 30650, United States.

Agreement to Terms Of Use

By using the Website or any page of the Website, you are agreeing to these Terms of Use. Please read the Terms of Use carefully.  You also acknowledge that the Terms of Use constitute a binding contract between you and B.I. Production Works.  If you do not agree to all the Terms of Use, you are not permitted to use the Website.

General

The Website is owned and operated by B.I. Production Works. B.I. Production Works has the right at any time to change or discontinue, temporarily or permanently, any aspect or feature of the Website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Website.

Use of the Website is subject to the B.I. Production Works Privacy Policy [insert web address or hyperlink here], which applies to the information collected by B.I. Production Works during your visit to and use of the Website.  B.I. Production Works suggests that you regularly review the Privacy Policy to get a better understanding of B.I. Production Works policies and procedures regarding the collection and use of personal information.

Many if not most communications between B.I. Production Works and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and B.I. Production Works electronically shall satisfy any legal requirements that such communications be in writing.

Restrictions on Use

The Website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, and graphics (the “Content”). The Content of the Website, as well as the organization, layout, arrangement and design elements of the Website and each individual page of the Website, are the property of B.I. Production Works and its affiliates and are protected by United States and international copyright, trademark and other applicable intellectual property laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. Except as otherwise expressly permitted under these Terms of Use or copyright law, you shall not copy, redistribute, retransmit, publish or otherwise use any Content without the express written permission of B.I. Production Works or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Website.

B.I. Production Works offers you access to the Website and to the Content available on the Website solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Website or the Content, including but not limited to, any vehicle information, vehicle documentation, vendor information, or reports.  You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorized manner. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Website, in any manner or in any quantities not authorized by B.I. Production Works. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of B.I. Production Works or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing B.I. Production Works name or trademarks without the express written consent of B.I. Production Works.

Systematic retrieval of the Content or other data from the Website to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of B.I. Production Works is strictly prohibited.

You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other person’s use and enjoyment of the Website.

The foregoing provisions of this “Restrictions on Use” section are for the benefit of B.I. Production Works, its affiliates, and its third-party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized framing of or linking to the Website, or unauthorized use of any robot, spider, or other automated device on the Website, or any manual process to monitor or copy any portion of the Content, will be investigated and appropriate legal action will be taken, including without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions.

Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. Neither B.I. Production Works or its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy or reliability of any information, service, or materials provided through the Website.

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO TITLE, MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
Additionally, there are no warranties relating to any of the vehicles about which information is posted on the Website. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful components, communication line failure, theft or destruction or unauthorized access to, alteration or, or use of this Website, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that B.I. Production Works is not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.

IN NO EVENT WILL B.I. PRODUCTION WORKS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, REGARDLESS OF WHETHER B.I. PRODUCTION WORKS OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL B.I. PRODUCTION WORKS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) OR OBTAINING ANY REPORTS OR OTHER INFORMATION FROM THE WEBSITE.  ANY ACTION BROUGHT AGAINST B.I. PRODUCTION WORKS ARISING FROM, RELATED TO, OR IN CONNECTION WITH THE WEB SITE MUST BE COMMENCED, AND WRITTEN NOTICE THEREOF PROVIDED TO B.I. PRODUCTION WORKS, WITHIN ONE (1) YEAR AFTER THE DATE ANY SUCH CAUSE OF ACTION AROSE.

Indemnification

You agree to defend, indemnify, and hold harmless B.I. Production Works and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Website or any information you obtain from the Website or its reports.

Trademarks and Patents

All trademarks and service marks of B.I. Production Works and its subsidiaries or affiliates displayed on the Website are subject to state, federal, and/or international trademark protection. Unless expressly authorized by B.I. Production Works, you may not use its trademarks or service marks with any product or service that is not provided by B.I. Production Works, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit B.I. Production Works. All other trademarks appearing on the Website are the property of their respective owners, including third-party providers of products and services with hyperlinks to and from the Website.

Third Party Content

Any information or content expressed or made available by third parties, including information providers and users, are those of the respective third parties and not of B.I. Production Works.

The Website may contain hyperlinks to third party websites with which B.I. Production Works has linking arrangements but for which B.I. Production Works does not maintain control or assume any responsibility. The inclusion of such a hyperlink does not necessarily imply endorsement of such sites by B.I. Production Works or any association with the operators of such linked websites. Any concerns regarding any such third-party service or resource, or any hyperlink thereto, should be directed to the particular service or resource. In addition, B.I. Production Works recommends that you review these websites’ terms of use and privacy policies.

Export Control

Software and other materials from the Website may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. You shall comply with all Export Control laws to assure that the Content is not exported, directly or indirectly, in contravention of applicable laws.

Modifying, Changing, Revising Terms of Use

B.I. Production Works reserves the right, at its discretion, to change, modify, update, or revise or any of these Terms of Use of the Website. B.I. Production Works also reserves the right to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Website, or by electronic or conventional mail, or by any other means. You agree to review the Terms of Use periodically for revisions, updates and terminations of its provisions. Any use of the Website by you after such notice shall constitute your acceptance of such changes, modifications, additions, or deletions.

Miscellaneous

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Choice of Law; Construction

These Terms of Use shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules, including but not limited to, the Uniform Computer Information Transactions Act (“UCITA”). Any controversy or claim arising out of or relating to these Terms of Use, the Website or the use of the Website, shall be settled by arbitration in accordance with the rules of the American Arbitration Association. All arbitration hearings and all judicial proceedings to enforce any of these provisions, shall take place in the County of Morgan in the State of Georgia. The costs and expenses of arbitration, including the fees of the arbitrators, shall be borne by the losing party or in such proportions as the arbitrators shall determine. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Digital Millennium Copyright Act Notice

B.I. Production Works will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Please note that these notifications and counter-notifications are real-world legal notices provided outside of the B.I. Production Works environment. B.I. Production Works may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law – the Privacy Policy of B.I. Production Works does not protect information provided in these notices.

To File a Notification

A written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
  2. Identify the material that you claim is infringing on your copyright and provide information reasonably sufficient to locate the material.
  3. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
  4. (Optional)Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
  5. Include the following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. Sign the paper.

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that material is infringing your copyrights. We recommend contacting an attorney if you are unsure whether a material object is protected by copyright laws.

Send the written document to the designated Copyright Agent at B.I. Production Works:

B.I. Production Works
Attn: Copyright Agent
1331 Lions Club Road
Madison, GA 30650

To file a counter-notification:
  1. List the materials that were removed by the B.I. Production Works administrators, and the location at which the material appeared before it was removed. Please identify the object in sufficient detail, and when possible, the UUID.
  2. Provide your name, address, telephone number, email address (if available).
  3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Madison, Georgia if your address is outside of the United States).
  4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
  5. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  6. Sign the paper.

Send the written document to the designated Copyright Agent at B.I. Production Works:

B.I. Production Works
Attn: Copyright Agent
1331 Lions Club Road
Madison, GA 30650

Privacy Policy

This website is owned and operated by Bhugesh Investments (dba B.I. Production Works, hereinafter referred to as “B.I. Production Works,” “we” or “us”). B.I. Production Works is located at 1331 Lions Club Road, Madison, GA, United States.

At B.I. Production Works, we are committed to protecting your privacy. We use the information we collect to process orders and to provide a more useful and personalized experience on our website. Please read on for more details about our privacy policy. Note: This Privacy Policy only applies to www.BIPworks.com (the “Website”).

Information Collected

We track user patterns to uncover ways in which we can improve the Website and make it easier to use as described below. We may also use any information you provide (name, email address, etc.) to contact you about changes to the website, notifications of scheduled maintenance and for the purposes of opt-in communication you have requested.

Customer Information Protection

When utilizing the Website, we offer the use of a secure server. All information you enter is encrypted via a secure sockets layer (SSL) before it is sent over the Internet to our secure servers. Your customer data is protected by a password for your privacy and security. Protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.  If you have questions about security on The Website, please email info@bipworks.com to contact us.

Cookies

As is standard practice on many websites, we may set and access cookies, web beacons, Flash cookies, and other technologies on your computer.

Cookies are small amounts of information stored in files within your computer’s browser. Websites can access only the cookies that they have stored on your computer.

B.I. Production Works uses cookies for the following purposes:

  1. To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting the Website.
  2. To help us customize the content you see when you visit the Website;
  3. To help measure and research the effectiveness of our interactive online content, features, and other communications; and
  4. To track Website analytics and use, and to improve Website services.
Information Disclosure

Except as outlined in this Privacy Policy, B.I. Production Works does not, without your permission, sell, trade, rent, or otherwise transfer your personal information to others. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or other legal process. We may share non-personal, non-individual statistical or demographic information in aggregate form with third parties for research purposes. We never, without the customer’s permission, share information about specific individuals with third parties, except as outlined in this Privacy Policy.

Agents: From time to time, we may employ other companies and individuals to perform functions on our behalf. Examples include sending e-mail, analyzing data, and providing marketing assistance. Such companies and individuals have access to personal information needed to perform their functions, but are bound by strict contractual requirements to keep all personal information they process strictly confidential and to use such information solely on behalf of B.I. Production Works.

Link To Other Websites

The Website may contain hyperlinks to other websites that are not operated by B.I. Production Works. B.I. Production Works is not responsible for the privacy practices or the content of these third-party websites. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these websites or any association with their operators. We do not control these websites and are not responsible for their data or privacy practices. We urge you to review the terms of use and privacy policy of these websites before utilizing the websites or disclosing any personal information.

Privacy Policy Updates

We reserve the right to modify this Privacy Policy at any time.  If we decide to change our Privacy Policy, we will post the changes to this Privacy Policy on www.BIPWorks.com. You agree to review this Privacy Policy regularly to ensure that you are aware of the information B.I. Production Works collects, how it may be used, and under what circumstances it may be shared with others.  Any use of the Website by you after such notice shall constitute your acceptance of such changes.

Contact Information

If you have any questions or suggestions regarding our privacy policy, please contact us by emailing info@bipworks.com or submitting a question or by writing to us at:

B.I. Production Works
1331 Lions Club Road
Madison, GA 30650

Please include your name, mailing address, and email address along with your inquiry.

Your Consent

By using this website, you signify your consent and agreement to B.I. Production Works’ Privacy Policy. If you do not agree with the terms of this Privacy Policy, you are not permitted to use this website.