TERMS OF USE
Effective Date: December 11, 2023
Please read these Terms of Use (“Terms of Use”) carefully before using Backbone Commercial Services, LLC’s (“Backbone Commercial," “we,” “our,” or “us”) website at backbonecommercial.com (“Site”) and any information, text, images, videos or other content on the Site (“Content”). The Site is intended for use by residents of the United States only and is controlled and operated in the United States.
By accessing and using the Site, you accept and agree to these Terms of Use and will use the Site only in a manner consistent with these Terms of Use and in compliance with all applicable laws, regulations and rules. If you do not agree to be bound by these Terms of Use, you must discontinue use of the Site immediately.
If you are agreeing to these Terms of Use on behalf of an individual or organization, you represent and warrant that you have legal authority to bind such individual or organization to these Terms of Use.
Changes to Terms of Use
Backbone Commercial may modify these Terms of Use at any time and each modification will be effective upon posting an updated Terms of Use to the Site. Your continued use of the Site following any modification of these Terms of Use constitutes your acceptance of and agreement to be bound by the Terms of Use as modified.
Other Agreements
Your access to and use of the Site is conditioned upon your compliance with these Terms of Use, which incorporates by reference our Privacy Policy, Cookie Policy and any agreement that might accompany our products, services, and other deliverables.
Disclaimers
The information on the Site is provided for general information. The Site is not a substitute for your compliance obligations. No information on the Site should be prevent you or discourage you from obtaining independent legal or professional advice from a third-party or exercising sound business and professional judgment. Any information on the Site about prior results attained by Backbone Commercial is not a guarantee or warranty that a similar outcome will be achieved for you.
BACKBONE COMMERCIAL OR ITS EMPLOYEES OR CONTRACTORS ARE NOT ENGAGED IN RENDERING ANY AUDIT, TAX, ACCOUNTING, INVESTMENT OR LEGAL ADVICE OR SERVICES.
The Site, and the Content, are not intended to form, or create any client, advisory, fiduciary or professional relationship, including an attorney-client relationship, between you and Backbone Commercial. Backbone Commercial does not provide legal services and does not practice law. Any information you provide to us or your communications with us are not subject to attorney-client privilege.
Any Content may not be applicable to or suitable for your specific circumstances or needs and may require consultation with your legal counsel. Backbone Commercial assumes no obligation to inform you of any changes in laws or any other factors that could change the information displayed on the Site.
Use and Ownership of Site Content and Marks
The product names, company names, logo, trademarks and service marks (“Marks”) and Content displayed on the Site are owned by Backbone Commercial or Backbone Commercial has obtained permission from the owner of such Marks or Content to use them on the Site. Backbone Commercial prohibits the use, modification, reproduction, redistribution, or copying of any Content or Marks on the Site without its express written permission.
Feedback
We do not accept or consider any unsolicited ideas, proposals, suggestions or other materials or content related to the Site or our products, services or other deliverables. Please do not send us feedback. If you do, you acknowledge and agree that we are not responsible for providing any compensation to you and your feedback automatically becomes our intellectual property that we may use or distribute without restriction.
No Warranties
THE CONTENT ON THE SITE IS DISPLAYED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BACKBONE COMMERCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
BACKBONE COMMERCIAL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE SITE OR CONTENT AND EITHER MAY CONTAIN TYPOGRAPHIC ERRORS AND OTHER INCONSISTENCIES. BACKBONE COMMERCIAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE CONTENT OR THE SITE.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BACKBONE COMMERCIAL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND TO YOU OR ANY THIRD-PARTY ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT, INCLUDING ANY MISTAKES, ERRORS, VIRUSES, SECURITY BREACHES, MALWARE, WORMS, HACK, OR MALICOUS SOFTWARE, REGARDLESS OF BACKBONE COMMERCIAL’S KNOWLEDGE THEREOF, INCLUDING ANY GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR FEES (INCLUDING ATTORNEY FEES), AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES OR DAMAGES DUE TO INACCURATE DATA ARISING FROM YOUR USE OF OR INABILITY TO USE BACKBONE COMMERCIAL’S SERVICES, PRODUCTS OR OTHER DELIVERABLES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF BACKBONE COMMERCIAL’S ACTS OR OMISSIONS OR YOUR USE OF THE SITE OR ITS CONTENTS ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THE SITE OR BACKBONE COMMERCIAL’S PRODUCTS, SERVICES OR OTHER DELIVERABLES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BACKBONE COMMERCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Indemnification
You will indemnify, defend and hold harmless Backbone Commercial and its officers, owners, directors, agents, successors, assigns, and employees and all of Backbone Commercial’s third-party service providers and their officers, owners, directors, agents, successors, assigns, and employees from any claims, liabilities, damages, judgements, awards, losses, costs, expenses and fees (including attorney fees) arising as a result of any claims, suits, or proceedings brought by any third party from your use of the Site and/or Content or these Terms of Use. This indemnification provision shall survive the termination of these Terms of Use.
Links to Third-Party Sites
Backbone Commercial may provide links to third-party sites that may be of interest to you. Backbone Commercial does not operate these sites and does not endorse or recommend the third-party or their site. Be sure to review the third-party’s terms of use and privacy policy prior to using their site.
Security of Confidential and Sensitive Information
Communications and information transmitted via text message, email or the Internet may not be secure or confidential. Do not send any confidential or sensitive communications or information to Backbone Commercial without first contacting us and receiving further instructions about how to proceed.
Removal of Content and Termination of Use
You agree that you will not use the Site for any purpose that is abusive, tortious, intrusive on another's privacy, harassing, libelous, defamatory, obscene, threatening, hateful, or otherwise unlawful; you will not post any materials that infringe on rights of third parties; and, you will not upload or transmit any virus or other malware.
Backbone Commercial reserves the right to monitor all communications and to remove any which we consider in our absolute discretion to be offensive, defamatory, or otherwise in breach of these Terms of Use.
Backbone Commercial may terminate your access to the Site at any time with or without notice or cause if in our absolute discretion we have determined that you have violated or have acted inconsistently with any of the Terms of Use or you pose a possible threat to Backbone Commercial or the operation of its business or Site.
Account and Password Protection
You may need to create a username and password (“log-in credentials”) to use portions of the Site. You are responsible for maintaining the confidentiality of your log-in credentials and are responsible for the use of your account. It is therefore critical that you do not share your log-in credentials with anyone. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person or organization to use your account. Your account is not transferable. You agree to notify Backbone Commercial immediately if you suspect any unauthorized use of, or access to, your account or password.
Our Site is Not Directed to Children
Our Site, products, services and other deliverables are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of eighteen (18), you are not permitted to provide your personal information to Backbone Commercial.
Employment or Contract Opportunities
From time to time, Backbone Commercial may post employment or contract opportunities on the Site, or invite individuals to submit resumes for general consideration or future opportunities. If you choose to submit your name, phone number, email or other personal information, you are authorizing Backbone Commercial to use this information for all lawful and legitimate hiring and employment purposes. Prior to providing your resume and information to a prospective employer, client or potential client, Backbone Commercial will contact you using the phone number and/or email address you provide to us.
Relationship of Parties
There is no joint venture, partnership, agency or fiduciary relationship existing between you and Backbone Commercial, and the parties do not intend to create any such relationship by these Terms of Use.
Invalidity
If any provision in or any part of these Terms of Use shall be found to be illegal or unenforceable under any enactment or rule of law, then that provision or part shall to that extent be deemed not to form part of these Terms of Use and the remaining provisions shall continue in full force and effect.
Governing Law and Forum
The laws of the State of South Carolina govern these Terms of Use. Any dispute relating to these Terms of Use or your use of the Site or of the Content shall be resolved solely in the state or federal courts located in Columbia, South Carolina. If any provision of the Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.
Questions
If you have any questions or comments about these Terms of Use, please contact us via email at services@backbonecommercial.com or by phone at (803) 806-7661.