Terms

These Terms of Use (“TOU”) apply to each user of the website, application, software, or other Service linking these TOU (“Service”) provided by Bolden Instrument, Inc. (“Company,” “we,” “us,” or “our”).

The availability of the Service on a social networking site, website, or Service store does not indicate any relationship or affiliation between us and those sites.

Your use of this Service is subject to these TOU and all applicable laws, rules and regulations. Please read these TOU carefully and contact us with any questions.

By accessing this Service, you agree that you have read, understand and agree to be legally bound by the TOU set forth below. If you do not agree to be bound by these TOU, do not access this Service. These TOU may be modified by us at any time. You can review the most current version of these Terms of Use at any time on our Bolden Instrument.com website. In agreeing to these TOU, you are responsible for periodically checking for changes and/or updates to these Terms of Use.

License. Company grants you a revocable limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Service for non-commercial purposes. In downloading and utilizing the Service, you are responsible for ensuring compliance with any applicable terms and conditions of the social networking site through which the Service is made available. As between Company and you, title, ownership rights, and intellectual property rights in and to the Service and any derivatives or modifications thereof, in whole or in part, remain with Company. You understand that Company may modify or discontinue the Service or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Service except in Company’s sole discretion. You do not acquire any right, title or interest in any content on the Service by virtue of accessing the Service or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Service is granted to you by these TOU or otherwise. The trademarks, logos, service marks and business names displayed on the Service are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Service and any unauthorized reproduction, retransmission or other use of any part of the Service may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.
Privacy. Any information you provide during use of the Service is governed by our Privacy Policy. You agree to the collection, use and sharing of your information as set forth in our Privacy Policy.
Limitations. In connection with his or her use of the Service, you will not, and will not allow any third party to:

Post or link to any material containing :

Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;

Obscene, defamatory, libelous, slanderous and/or unlawful content;

Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;

Inflammatory religious content;

Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or

Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.

Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Service;

Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Service or any content contained therein;

Use the Service in any manner that could damage, disable, overburden, or impair the Service, Company, the applicable social networking site, or any other person or entity; or

Collect any information (including usernames and/or email addresses) about other users of the Service; create or transmit unwanted electronic communications to other users of the Service; or otherwise interfere with such users’ enjoyment of the Service.

Unless otherwise expressly authorized in these TOU or on the Service, you may not take any action to interfere with the Service or any other user’s use of the Service. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Service without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.

You agree not to use the Service for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Service.

User Content. By posting or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such user-submitted content, collectively, “User Content”) through or in connection with an Service, you grant to Company, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

You represent and warrant that: (a)You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Service; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by you does not violate the TOU, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Service.

You are solely responsible for the User Content that you post, store or upload through or in connection with the Service, including any material or information that you transmit to other users or post on Facebook. Company does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Service; however, Company reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Service at any time and for any reason without notice. Without limiting the foregoing, Company may remove any User Content for any reason including content that in the sole judgment of Company violates the TOU, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.

Digital Millennium Copyright Act (“DMCA”) Notice.

We are committed to complying with U.S. copyright and related laws, and we require all users of the Service to comply with these laws. Accordingly, you may not disseminate any material or content using the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Service if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is: info@boldeninstrument.com.

If you believe that content that you or a third party owns has been used via the Service in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Limitation on Liability; Disclaimers. THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE SERVICE AT YOUR OWN RISK. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE SERVICE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR SERVICE CONTENT OR THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SERVICE. IN NO EVENT SHALL COMPANY, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SERVICE OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE SERVICE OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $5.00.

Indemnity. You agree that you will defend, indemnify and hold harmless Company, its parent, subsidiary and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Service of violation of these TOU, including without limitation (i) all matters related to your access to and use of any Company online services, including, without limitation, your use of the Service, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Service caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.
Links to Other Sites. The Service may contain links to websites operated by or on behalf of Company, and your use of all such websites is subject to the applicable policies of those websites. The Service, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. Company does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Company encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at your own risk.
Termination. Company reserves the right, at any time and in its sole discretion, to discontinue the use of the Service in whole or in part, and prevent any person or entity from access to the Service. Upon termination for any reason, Sections 6 (Disclaimers; Limitation on Liability), 7 (Indemnity) and 10 (General), together with any licenses granted to Company hereunder, will survive.
General. The TOU and your use of the Service shall be governed by laws of the State of Ohio, without regard to its conflict of laws principles. Any action shall be brought in accordance with the rules of the American Arbitration Association. The proceeding shall be in front of one arbitrator in Hamilton, Ohio. You may participate by phone if travel is a burden to you. Each party shall bear one half of the fees for the arbitration in addition to their own attorneys’ fees. If the arbitrator determines that bearing one half of the fees is an undue burden, the Company shall pay all of the arbitration fees, but not your attorneys’ fees. In no event shall any claim, action or proceeding by you related in any way to the Service be instituted more than one (1) year after the cause of action arose. If any provision of the TOU is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. The failure of Company to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of Company’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term.

Questions: Should you have any questions regarding these TOU you may contact us at info@boldeninstrument.com.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Bolden Microscope and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Bolden Microscope. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Bolden Microscope takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

We take your privacy very seriously and are committed to being transparent with how we use your information. This website, software, applications, and any services linked by this Privacy Policy are controlled by BOLDEN INSTRUMENT, Inc. (collectively “We” or “us”).

Our Privacy Policy explains:

What information we collect and why we collect it.

How we use that information.

The choices we offer, including how to access and update information.

If you have any questions about this Privacy Policy, please contact us at: info@boldeninstrument.com

Information we collect

We collect information to provide better services to our users and improve our business.

We collect information in two ways:

Information you give us or information provided through a social network. For example, some of our services require you to sign up for an account, provide information for a contest or award, or link an account through a social network. We work with social networks including, but not limited to Facebook, Twitter, Google Plus, and LinkedIn. We have access to information you directly provide and information through those social networking services based on your privacy settings on those networks.

Information we get from your use of our services. We may collect information about the services that you use and how you use them, like when you visit different parts of our site or applications and what selections you make on the services. We may also automatically collect certain technical information such as:

Device information
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile information if you use a mobile device to access the site).

Log information
When you use our services or view content provided by us, we may automatically collect and store certain information in server logs. This information may include:

details of how you used our service, such as your navigation paths and search queries.

mobile related information if you access our website using your mobile device.

internet protocol address.

device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.

cookies that may uniquely identify your browser, mobile device, or your account.

Browser type, operating system, and other technical information

How we use information we collect

We use the information we collect from all of our services to provide, maintain, protect and improve our services, to develop new services and offerings and to protect us and our users. We also use this information to offer you tailored content like giving you more relevant search results and ads.

When you contact us, we may keep a record of your communication as well as the other information in this Privacy Policy to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

We use aggregated and demographic information to support our advertising needs so we can continue to provide many services for free. Your personally identifiable information is never disclosed to these parties, unless you are notified or consent.

Please keep in mind that comments sections, forums, and other similar areas of our services are public. Any information posted in those areas is viewable and usable by anyone that has access.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

Choice

If we provide you with any mailings or other communication, you can always opt out of that communication.

You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled.

You have the right to remove your personal information from our databases. To do this, please delete your Company account. If you have any problems or questions, please let us know by contacting us here info@boldeninstrument.com and we will assist you with the process.

Accessing and updating your personal information

Whenever you use our services, we aim to provide you with access to your personal information in your account. If that information is wrong, we strive to give you ways to update it quickly or to delete it unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.

Do Not Track Signals

Some web browsers have settings that include “do not track signals.” Our services are not currently engineered to respond to those signals from browsers.

Information we share

We do not share personal information with companies, outside organizations and individuals unless one of the following circumstances apply:

With your consent
We will share personal information with companies, outside organizations or individuals if we have your consent to do so.

For external processing
We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

For legal reasons
We will share personal information with companies, outside organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, detect, prevent, or otherwise address fraud, security or technical issues or protect against harm to the rights, property or safety of our users or the public as required or permitted by law.

In case of a sale or asset transfer
If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of our services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the services.

In aggregated form for business purposes
We may share aggregated, non-personally identifiable information publicly and with our partners we have a relationship with, advertisers or connected sites. For example, we may share information to show trends about the general use of our services.

Information security

We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold however no website is entirely secure. You should protect the account information in your possession as well.

Third-Party Sites

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you on this site. We also do not control the privacy policies and your privacy settings on third-party sites, including social networks.

Enforcement

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up.

Children Under 13

Our site is not directed toward children under 13 and we will not knowingly collect information for any child under the age of 13. If you are the parent of a child under the age of 13 and have a concern regarding your child’s information on our site, please contact us at info@boldeninstrument.com.

Our Services are Located in the United States

Our website and associated services are hosted in the United States. If you are outside of the United States, your information will be processed and stored in the United States and you are consenting to such processing and storage.

Changes

Our Privacy Policy may change from time to time. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes).

This Privacy Policy was last updated on February 3, 2023.