Last Updated: 7-September-2022
Welcome to the bp pulse website. This website (inclusive of all of its subpages) (the “Website”) is operated by [legal entity] (“bp pulse,” “we,” “our,” or “us”).
This Legal Notice is a legal agreement between you and us with respect to the Website. By accessing and using the Website, you agree to the terms and conditions outlined in this Legal Notice. Other websites owned and/or operated by other bp affiliates may contain terms and conditions that are different to these terms and conditions. Please check the terms and conditions of each website that you visit.
THIS LEGAL NOTICE CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS
Website
The Website may provide information regarding bp pulse, our affiliates, and our and their respective products and services. The information contained in the Website may not represent the views of bp and is not intended to be comprehensive. Despite our efforts, it may not be accurate, up to date or applicable to the circumstances of any particular case.
We cannot accept any liability for any inaccuracies or omissions (other than for fraudulent misrepresentation) in this Website and any decisions you make based on information contained in this Website are your sole responsibility.
Your Data
The Website may have features that allow you to provide us with information about yourself. You agree that the information that you provide to us about yourself will be true, accurate, current and complete. You may not provide information to us about any other person without their express consent.
We respect the privacy of individuals and their personal information. We do not use any personally identifiable information provided by you for any purpose other than those we have described in our Privacy Policy [LINK].
Intellectual Property Rights
The Website and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by bp pulse, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to the terms of this Legal Notice, we grant you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Website for informational purposes only. This license is exclusive to you and you may not sublicense the use of the Website. We retain all right, title and interest in and to all aspects of the Website and all intellectual property rights therein, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Website.
Restrictions and Prohibitions of Use
Your rights to access and use the Website and any information, materials or documents contained in the Website (collectively, the “Content and Materials”) are subject to the following restrictions and prohibitions on use: You may not:
Errors, corrections and changes: disclaimers
We do not represent or promise that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We may make changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.
Use of any Hyperlink
Neither we nor any of our affiliates are responsible for the content of any other website, including any website through which you may have gained access to our Website or to which you may gain access from our Website.
Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our Website. Such a hyperlink does not signify that we or our affiliates have reviewed or approve of the connected third party’s website or its contents – indeed in certain instances a hyperlink may connect you to a third party’s website containing views contradictory to those expressed on our Website or otherwise held by bp and its subsidiaries.
We do not make any representations or warranties as to the security of any information (including, without limitation, personal information) you might be requested to give to any third party in a linked to website. If you are aware of any inappropriate content on a linked website please contact __________
Our liability to you
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BP PULSE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE WEBSITE, YOUR USE OF THE WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, OR ANY THIRD PARTY WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THIS LEGAL NOTICE, OR BELIEVE BP PULSE HAS BREACHED ITS OBLIGATIONS UNDER THIS LEGAL NOTICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IT IS THE INTENTION OF YOU AND BP PULSE THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
What law governs this Website and Legal Notice?
This Legal Notice and your use of the Website is governed by the laws of the State of Delaware without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any unresolved dispute arising out of or related to the Website or this Legal Notice may be submitted to arbitration exclusively under the rules of the American Arbitration Association (www.adr.org) at its Houston, Texas office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND BP PULSE AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN BP PULSE AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BP PULSE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and bp pulse otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website or this Legal Notice must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.
Modifications
bp pulse may modify this Legal Notice at any time. Modifications become effective immediately upon your first access to or use of the Website after the “Last Updated” date at the top of this Legal Notice. Your continued access to or use of the Website after the modifications have become effective will be deemed your conclusive acceptance of the modified Legal Notice. If you do not agree with the modifications, do not access or use the Website.
Entire Agreement
This Legal Notice constitute the entire agreement between you and bp pulse concerning the Website. The failure of bp pulse to exercise or enforce any right or provision of this Legal Notice shall not constitute a waiver of such right or provision. If any provision of this Legal Notice is found by a court of competent jurisdiction to be invalid, you and bp pulse nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Legal Notice shall remain in full force and effect.bp