Terms of Use

Last Revised: January 23, 2023

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and BK Technologies, Inc. (“InteropONE,” “we,” or “us”) when you visit www.bktechnologies.com, www.interopone.com, Webchat.interopone.com, and Admin.interopone.com (collectively, the “Site”), or use the BKRplay application (the “Application”), and the services available on such platforms (collectively, the “Services”), including any Content (as defined in Section 2 below).

Acknowledgment and Agreement

BY ACCESSING OR USING THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU:

ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY NOTICE WHICH IS INCORPORATED HEREIN BY REFERENCE.
AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE).

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY NOTICE, DO NOT USE THE SERVICES.

JURY AND CLASS ACTION WAIVER

THESE TERMS OF USE INCLUDE A JURY AND CLASS ACTION WAIVER, MEANING YOU AGREE TO PROCEED WITH ANY DISPUTE WITH A JUDGE AND ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS ACTION. MORE INFORMATION CAN BE FOUND IN SECTION 18.2.

1. Changes to Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. The last updated date is at the top of this page. Changes are effective 30 days after posting for current users and immediately for new users. Continued use of the Services signifies acceptance of any updates.

2. Scope of and Restrictions on Use

InteropONE grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

Access and use the Services for legitimate business purposes.
Download and install the Application on your Mobile Device(s).

You agree not to:

Collect information from the Services using automated tools or on a mass basis.
Use automated means to access the Services or gain unauthorized access.
Attempt to access restricted areas of the Site or Application.
Flood the Services with requests, disrupting operations.
Restrict or inhibit other users from accessing or using the Services.
Modify or delete copyright, trademark, or other proprietary notices.

If you download the Application, you further agree not to:

Copy, modify, or reverse engineer the Application.
Rent, lease, lend, sublicense, or distribute the Application.
Circumvent copy protection, rights management, or security features.

3. Ownership

The Application, Services, and Site (including Content) are owned by InteropONE and its licensors. This includes patents, copyrights, trademarks, and other intellectual property rights.

4. Limited Access and Security

Certain Services may require access credentials. You agree to:

Provide true, accurate, and current information.
Not share your credentials with others.
Notify InteropONE immediately of any unauthorized use.

5. User Content

Users may submit, upload, or post User Content to the Services. However, you may not post content that:

Is unlawful, defamatory, obscene, or misleading.
Contains pornographic, violent, or discriminatory material.
Infringes upon any intellectual property rights.
Encourages criminal conduct or misleads users.
Contains malware or harmful code.

InteropONE is not responsible for and does not endorse any User Content.

6. Electronic Communications

By using the Services, you consent to receiving electronic communications from us, which satisfy any legal requirements that such communications be in writing.

7. Privacy Notice

All data collected by InteropONE is subject to our Privacy Notice.

8. Application Updates

InteropONE may provide updates, which may include:

Bug fixes, security patches, or new features.
Removal of features at InteropONE’s discretion.
Automatic or manual updates, depending on device settings.

Failure to install updates may cause the Application to malfunction.

9. Change and Suspension

9.1 Changes to the Services

InteropONE may change, suspend, or discontinue the Services at any time.

9.2 Suspension/Termination of Access

InteropONE may suspend or terminate your access for violating these Terms of Use.

10. Disclaimer; Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.

10.2 Limitation of Liability

InteropONE is not liable for any damages, including:

Loss of revenue, profits, business, or data.
Personal injury or death.
Any claims exceeding fees paid in the last 12 months.

10.3 Exclusions

Some jurisdictions do not allow certain limitations on liability.

11. Indemnification

You agree to indemnify and hold InteropONE harmless against any legal claims resulting from:

Your use of the Services.
Your violation of these Terms.
Any damage you cause to third parties.

12. Copyright Infringement

To report copyright infringement under the DMCA, send a notice to:

James Teel
7100 Technology Drive
West Melbourne, FL 32904
interopone@bktechnologies.com

Your notice must include:

Your contact information.
Identification of the copyrighted work.
A statement of good faith.
Your signature.

13. Third-Party Materials

InteropONE is not responsible for third-party content or links.

14. Notice Regarding Apple

Use of the Application on iOS devices is subject to Apple’s App Store Terms of Service.

15. Linking to the Site

You may link to our homepage but cannot imply endorsement.

16. U.S. Export Controls

The Application may not be exported or used in restricted countries.

17. Updates and Content Changes

The Site and Application may not always be up-to-date.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by Florida law. Legal actions must be filed in Melbourne, Florida.

18.2 Jury Trial and Class Action Waiver

You waive the right to a jury trial and class action lawsuits.

19. Miscellaneous

19.1 Geographic Restrictions

InteropONE operates in the United States; use outside the U.S. is at your own risk.

19.2 Limitation on Time to File Claims

All legal claims must be filed within 1 year.

19.3 Waiver and Severability

Failure to enforce rights does not waive them.

19.4 Entire Agreement

These Terms supersede all prior agreements.

20. Questions?

Email us at interopone@bktechnologies.com.

21. Notice to California Residents

Complaints may be reported to the California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone: (800) 952-5210