Collection and Use of Information
Boiling Point may receive and store any information you provide us on the Site or in any other way. This may include any personal information by which you are identified, such as your username, email address, first and last name, street address, and telephone number.
Personal information collected from you may be used for general purposes, including, but not limited to: sending you Boiling Point’s newsletters, notifying you of updates and other products or services that may be of interest to you, requesting your voluntary opinion/feedback on current products and/or services, and other general communications.
Boiling Point also may receive and store information on our server logs about your browser and/or computer, including, but not limited to: your IP address, pages viewed and requested, referring website, and web browser software (e.g. Internet Explorer, Mozilla, etc.).
When you visit the Site, Boiling Point may assign a “cookie” to your computer. Cookies are small, unique identifier text files that allow a web server to recognize that you are the same user that accessed the server on previous occasions.
Boiling Point does not sell, rent, or share any collected information with any third parties or nonaffiliated companies, except with your express consent or in those circumstances described below:
(1) To send marketing and other communications to our visitors about Boiling Point products or services;
(2) To third party vendors that provide business services to Boiling Point, including customer service, marketing, etc.;
(3) In response to a court order or subpoena, or as otherwise required by law;
(4) To exercise or establish our legal rights and/or defend against any legal claims;
(6) In connection with a corporate transaction (e.g. consolidation, merger, sale of assets, etc.); or
(7) Providing anonymous or aggregate information (i.e. non-personal and non-billing information) to interested third parties (e.g. investors, advertisers, business partners and clients) to the extent necessary to allow them to understand the kinds and number of visitors to the Site and how those visitors use the Site.
Collection and Use of Information through Other Host Sites
Boiling Point has employed appropriate physical, procedural and technological measures to help protect your personal and/or other information from unauthorized access or disclosure. However, we CANNOT guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. Boiling Point is not responsible for the unauthorized retention, use, or privacy of personal and/or other information saved to the Site by any such third parties.
Feedback and Posting to Public Areas of the Site
We do not claim ownership of any feedback, reviews, questions, comments, ideas, suggestions, images, and/or the like contained in any such submissions you submit via the Site. However, by posting any such content on this Site, you automatically grant, and you represent and warrant that you have the right to grant, to Boiling Point and its designees an irrevocable, perpetual, royalty-free, non-exclusive, fully sub-licensable, worldwide license to use, distribute, reproduce, modify, publish, perform, and display such contents and/or to incorporate such contents into other works in any format or medium now known or later developed. You also grant Boiling Point an absolute right to use, distribute, publish, or display such submissions for marketing purposes. Boiling Point may also contact you for additional information concerning your submissions.
Any of your personal information posted in public areas may be accessed, collected, and/or used by third parties over whom Boiling Point exercises no control. Boiling Point is not responsible for use by any third parties of information you post in public areas of the Site, nor is Boiling Point responsible for any personal information posted in the public areas by any of its users.
1. Acceptance of Terms
2. Use of the Site
Except as expressly stated herein, you acknowledge that you have no right, title, or interest in or to the information, data, text, photographs, images, graphics, messages, tags, or any other materials (collectively, the "Contents") contained within the Site on any legal basis.
3. General Use Restriction
You are prohibited from:
- (a) Using the Site and/or the Services to upload, post, transmit, store, or destroy any of the Contents (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (iii) that are defamatory, libelous, obscene, threatening, abusive, or hateful.(b) Taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and/or the Services, including, without limitation the following activities:
- (1) Testing the security measures on the Site and/or attempting to identify system vulnerabilities without proper authorization;
- (2) Forging headers or otherwise manipulating identifiers in order to disguise the origin of any of the Contents transmitted through the Site and/or the Services;
- (3) Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity; or
- (4) Attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
Boiling Point reserves the right to terminate its relationship with you under the terms herein and prohibit your access to the Site and/or the Services or to edit, remove, or close any submission for any reason, including, without limitation, any action that Boiling Point, in its sole and absolute discretion, determines to be inappropriate or disruptive to the Site, the Services or to any user.
4. Specific Prohibitions
The Site and/or the Services of Boiling Point may be used only for lawful purposes. Boiling Point specifically prohibits, without limitation, and you expressly agree not to do any of the following:
- (1) Posting any incomplete, false, or inaccurate information;
- (2) Sending unsolicited mails or emails, making unsolicited phone calls, or sending unsolicited faxes to any other user of the Site;
- (3) Deleting or revising any material posted by Boiling Point or any other person or entity without the prior written authorization of Boiling Point;
- (4) Attempting to decipher, decompile, disassemble, or reverse engineer any of the software that in any way makes up any part of the Site;
- (5) Aggregating, copying, or duplicating, in any manner, any of the Contents or information available from the Site for any purpose other than those expressly permitted herein; or
- (6) Retrieving or indexing any portion of the Site, including, without limitation, by means of a robot, spider, or other program or device.
5. Contents – Submission, Risk, Limited Liability
Boiling Point does not claim ownership of any of the Contents submitted by you or any other third parties. However, by posting any Contents to any area of the Site by electronic mail, postings on this Site, or otherwise, including any reviews, questions, comments, ideas, suggestions, or the like contained in any submissions, you automatically grant, and you represent and warrant that you have the right to grant, to Boiling Point and its designees an irrevocable, perpetual, royalty free, non-exclusive, fully sub-licensable, worldwide license to use, distribute, reproduce, modify, publish, perform, and display such Contents and to incorporate such Contents into other works in any format or medium now known or later developed. Furthermore, you grant Boiling Point the right to pursue at law any person or entity that violates your or Boiling Point’s rights in the Contents by a breach of this Agreement.
You understand that all Contents, whether publicly posted or privately transmitted, are the sole and express responsibility of the person from whom such Contents originated. Your access to the Site and the Services is undertaken at your own risk and Boiling Point shall not be liable for any use or disclosure of any of Contents.
Boiling Point has no obligation to post Contents submitted by you. Boiling Point reserves the right, in its sole and absolute discretion, to determine which Contents submitted are published on the Site. Furthermore, Boiling Point has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Contents posted by its users. Boiling Point may, however, review and delete any Contents under its sole and absolute discetion. Boiling Point further reserves the right to expel any user and prevent their further access to the Site.
You acknowledge and agree that:
THE MATERIALS ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE MATERIALS SHOWN ON THIS SITE MAY NOT BE EXACTLY AS SHOWN. BOILING POINT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, AND PURSUANT TO APPLICABLE LAW, BOILING POINT DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOILING POINT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA OR INFORMATION YOU SUBMIT WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOILING POINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF, THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE.
8. Limitation of Liability
NEITHER BOILING POINT NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES, LICENSORS, OR THIRD PARTY PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEBSITES LINKED TO THIS SITE, OR THE CONTENTS ON THE SITE, HOWEVER ARISING, WHETHER IN BREACH, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BOILING POINT WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, DESPITE THE LIMITATION SET FORTH IN THIS PARAGRAPH 8, BOILING POINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES, LICENSORS, OR THIRD PARTY PROVIDERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF, DIRECTLY OR INDIRECTLY, FROM ANY OF OCCURENCES DESCRIBED IN THIS PARAGRAPH 8, THEN BOILING POINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES, LICENSOR, OR THIRDPARTY PROVIDERS’ LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, SEVENTY-FIVE U.S. DOLLARS ($75.00 USD).
9. Third Party Products and Content
When you use the Site and/or Services to place an order for third-party products (those not manufactured and produced by Boiling Point), you authorize the purchase and delivery of those products from the retailers you select. Unless otherwise specified, you acknowledge and agree that Boiling Point is merely acting as your agent in the picking, packing, and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the retailer you have selected, and that the retailer is the merchant of record.
You further agree that Boiling Point does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Site and/or Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Site and/or Services, you agree that you do so at your own risk and that Boiling Point will have no liability based on such purchase, use, or access.
You agree to defend, indemnify and hold harmless Boiling Point, its affiliates, and their respective officers, directors, employees, and agents from and against any and all liabilities, claims, costs, and expenses, including, without limitation, reasonable legal and accounting fees, that arise, directly or indirectly, out of or in connection with your use of the Site and/or the Services or breach of the terms herein.
11. Trademarks and Copyrights
Boiling Point and bpgroupusa.com are trademarks or registered trademarks of Boiling Point Group, Inc. The trademarks, service marks, brands, names, logos, and designs ("Trademarks") of Boiling Point or others used on this Site and in the Services are the property of Boiling Point or their respective owners. You may not display or use any Trademarks without the express prior written permission of Boiling Point or their respective owners. If you believe that your work has been copied to the Site and is accessible in a way that constitutes copyright infringement, or if you believe your intellectual property rights have been otherwise violated, please notify us by providing the following information:
- (1) The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
- (2) A description of the copyrighted work you claim has been infringed;
- (3) Identification of the URL or other specific location on the Site where the material or activity you claim to be infringing is located or is occurring;
- (4) Your name, address, telephone number and e-mail address;
- (5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- (6) A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998; see http://www.loc.gov/copyright/ for details.
Notices should be sent to:
Boiling Point Group, Inc.
14278 Valley Blvd. #A
La Puente, CA 91746
Or by email to:
International Use. Boiling Point makes no representation that the Site and/or the Services may be lawfully viewed or accessed outside of the United States. If you access the Site or the Services from outside the United States, you do so at your own risk and are entirely responsible for compliance with the applicable laws of your jurisdiction.
No Agency, Joint Venture or Partnership. Nothing in the Agreement shall be deemed to constitute either you or Boiling Point as agent or representative of the other party, or both parties as partners or joint venturers for any purpose.
At Boiling Point, we are committed to ensuring that individuals with disabilities enjoy full access to our restaurants and services, whether in-person or on-line through our websites.
In recognition of this commitment, Boiling Point is in the process of modifying its website, bpgroupusa.com, to increase the accessibility and usability of the website. In making these modifications, we will use the relevant portions of the Web Context Accessibility Guidelines 2.0 (WCAG 2.0) as our standard. Please be aware that our efforts are ongoing and that all parts of the Site may not yet be in compliance with said standards.
To use the accessibility features: press the TAB key once to open the Skip to Main Content Button, then press the TAB key twice to open the Accessibility Tool Bar. Note that the Audio Reading function is still in the developmental process. As such, if at any time you need audio support, please call us at (888) 383-8325.
If, at any time, you have difficulty using bpgroupusa.com or a particular web page or function on the site, please contact us by phone at (888) 383-8325 or by email to firstname.lastname@example.org and we will make all reasonable efforts to assist you.