Terms and Conditions: Agreement between User and Bachner Communications, Inc.

Welcome to Bachner on English, a subscription-based blog offering guidance on the business use of the English language in speaking and, principally, in writing. The Bachner on English website – bachneronenglish.com (the “Site”) – comprises web pages created, operated, and maintained by Bachner Communications, Inc. (“BCI”). Access to Bachner on English is available to the user (“you”) conditioned on your acceptance of all terms, conditions, and notices contained herein (the “Terms”). Because YOUR USE OF BACHNER ON ENGLISH CONSTITUTES YOUR ACCEPTANCE OF ALL TERMS, please read the Terms carefully and keep a copy of them for your reference.

Electronic Communications

Visiting bachneronenglish.com or sending e-mails to or receiving e-mails from Bachner on English, BCI, or John Bachner constitutes electronic communications. You consent to receiving electronic communications from Bachner on English, BCI, or John Bachner, and you agree that all agreements, notices, disclosures, and other communications that Bachner on English, BCI, or John Bachner provides to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

As a user of the Site,  you are responsible for maintaining the confidentiality of your account and password and for restricting access to the devices you use to facilitate use of the Site, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that neither BCI nor Bachner on English or any other BCI-related entity or person is responsible for any third-party access to your account that results from theft or misappropriation of your account. BCI and Bachner on English reserve the right to refuse or cancel service, terminate accounts, or remove or edit content based upon the sole discretion of BCI or Bachner on English.

Children under Thirteen or Eighteen

BCI does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of eighteen, you may use the Site only with permission of a parent or guardian.

Cancellation/Refund Policy

BCI or Bachner on English will refund the net credit — i.e., the remaining balance of the subscription for only the individual involved, less a $10 service charge — or issue a credit for the net credit amount, or permit another user you identify to use the balance of the net credit.

Links to Third-Party Sites/Third-Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BCI or Bachner on English and, for that reason, neither BCI nor Bachner on English is responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BCI or Bachner on English is providing these links to you only as a convenience; the inclusion of a link does not imply BCI’s or Bachner on English’s endorsement of the site or any association with its operators.

Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the bachneronenglish.com domain, you hereby acknowledge and consent that BCI or Bachner on English may share such information and data with any third party with whom BCI or Bachner on English has a contractual relationship to provide the requested product, service, or functionality on behalf of Site users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to BCI and Bachner on English that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Bachner on English service, such as text, graphics, logos, and images, as well as the compilation thereof, and any software used on the Site, is the property of BCI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BCI and Bachner on English content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BCI or Bachner on English and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BCI, Bachner on English, or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated, and administered by BCI from our offices within the United States of America. If you access the service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the BCI content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BCI AND BACHNER ON ENGLISH, ITS OFFICERS, DIRECTORS, FULL- AND PART-TIME EMPLOYEES, AGENTS, THIRD PARTIES, CONTRACTORS, AND THEIR HEIRS AND ASSIGNS, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. BCI OR BACHNER ON ENGLISH RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH BCI IN ASSERTING ANY AVAILABLE DEFENSES.

Class-Action Waiver

ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. FURTHER, UNLESS BOTH YOU AND BCI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BCI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BCI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BCI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BCI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONSUMER-PROTECTION REGULATIONS, OR OTHERWISE, EVEN IF BCI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND OBTAIN ANY REFUND DUE.

Termination/Access Restriction

BCI or Bachner on English reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of West Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in West Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BCI as a result of this agreement or use of the Site. BCI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BCI’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BCI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to the warranty disclaimers and liability limitations set forth above, then the remainder of the agreement shall continue in effect and you and BCI or Bachner on English shall develop a valid, enforceable replacement provision that closely matches the intent of the original provision, and the replacement provision shall be incorporated into the Terms, superseding the invalid or unenforceable provision.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and BCI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BCI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

BCI or Bachner on English reserves the right, in its sole discretion, to change the Terms under which Bachner on English is offered. The most current version of the Terms will supersede all previous versions. BCI encourages you to periodically review the Terms to stay informed of updates.

 

Effective as of November 1, 2020

Bachner Communications, Inc.