Terms of use
Introduction and Agreement
Welcome to Boch.com. The Boch dealerships and other Boch entities mentioned on Boch.com (individually and collectively referred to herein as "Company" or "we") provide Boch.com as a service. Your use of Boch.com constitutes your unconditional agreement to these Terms of Use (also referred to herein as this "Agreement"). If you do not agree to these Terms of Use, you may not access or otherwise use Boch.com.
Monitoring
We may monitor your use of Boch.com, and may freely use and disclose any information and materials received from you or collected through your use of Boch.com for any lawful reason or purpose.
Copyright
Boch.com is protected by copyright, in accordance with applicable law. The contents of Boch.com are for only your personal, non-commercial use. All materials contained on Boch.com are protected by copyright, and are owned or controlled by Company or the party that provided the content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company or such third-party copyright holder.
Trademarks
The trademarks, logos and service marks (collectively, the "Marks") displayed on Boch.com are the property of Company or other third parties. Nothing contained on Boch.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on Boch.com without the prior written permission of Company or such third party that may own the Mark. Your misuse of the Marks displayed on Boch.com or any other content on Boch.com is strictly prohibited.
Images of People
Images of people displayed on Boch.com may be either the Company's property or used with permission. Your use of these images is prohibited unless specifically permitted by us in writing or law. Any unauthorized use of such images may violate without limitation copyright laws, trademark laws, and the laws of privacy and publicity.
Third Party Sites
Boch.com may contain links and pointers to other related World Wide Web Internet sites or resources. Links to and from Boch.com to other third party sites do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.
Confidentiality
You acknowledge that transmission to and from Boch.com are not confidential, unless otherwise specifically specified, and your communications may be read or intercepted by others. You acknowledge that by submitting communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to this Agreement. Please see our Privacy Policy for related information.
Disclaimer
We try to present information that is complete and accurate. However, as the possibility for data error exists, the information listed on Boch.com may be incorrect and is not guaranteed. Prices and availability are subject to change at any time without notice.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through Boch.com. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of Boch.com.
We may change, suspend or discontinue any aspect of Boch.com at any time, including the availability of any Boch.com feature, database, or content. We also may impose limits on certain features and services or restrict your access to parts or all of Boch.com without notice or liability.
BOCH.COM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH BOCH.COM, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON BOCH.COM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH BOCH.COM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH BOCH.COM OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN BOCH.COM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BOCH.COM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE BOCH.COM, ANY DEALER PRODUCT OR LINKS TO ANY THIRD PARTY WEBSITE FROM BOCH.COM, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INACCURACIES OR OMISSIONS IN CONTENT, AND EVENTS BEYOND OUR REASONABLE CONTROL.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND ALL OF OUR OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS AND LICENSEES HARMLESS FOR AND AGAINST ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION OR DEMANDS RESULTING FROM YOUR USE OF BOCH.COM.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in Norfolk Superior Court or an appropriate federal court located in the Commonwealth of Massachusetts.
Integration and Severability
This Agreement constitutes the entire agreement between Company and you with respect to your use of Boch.com. Any cause of action you may have with respect to your use of Boch.com must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from Boch.com.
Updates
These Terms of Use were last updated on December 1, 2008. We reserve the right to change, modify, amend, or revise these Terms of Use at any time. Please check our Terms of Use periodically for changes. Use of Boch.com after modification, amendment, or revision implies that you consent to these Terms of Use as modified, amended, or revised.
