TERMS
AND CONDITIONS OF USE
We have taken every
effort to design our Web site to be useful, informative, helpful,
honest and fun. Hopefully we’ve accomplished that — and would ask
that you let us know if you’d like to see improvements or changes that
would make it even easier for you to find the information you need and
want.
All we ask is that you
agree to abide by the following Terms and Conditions. Take a few
minutes to look them over because by using our site you automatically
agree to them. Naturally, if you don’t agree, please do not use the
site. We reserve the right to make any modifications that we deem
necessary at any time. Please continue to check these terms to see what
those changes may be! Your continued use of the Business Technology
Resources, LLC d/b/a Promarketers Web site means that you accept those
changes.
THANKS AGAIN FOR
VISITING!
Restrictions on Use
of Our Online Materials
All Online Materials on the Business Technology Resources, LLC d/b/a
Promarketers site, including, without limitation, text, software,
names, logos, trademarks, service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are copyrighted
intellectual property. All usage rights are owned and
controlled by Business Technology Resources, LLC d/b/a Promarketers.
You, the visitor, may download Online Materials for non-commercial,
personal use only provided you 1) retain all copyright, trademark and
propriety notices, 2) you make no modifications to the materials, 3)
you do not use the materials in a manner that suggests an association
with any of our products, services, events or brands, and 4) you do not
download quantities of materials to a database, server, or personal
computer for reuse for commercial purposes. You may not, however, copy,
reproduce, republish, upload, post, transmit or distribute Online
Materials in any way or for any other purpose unless you get our
written permission first. Neither may you add, delete, distort or
misrepresent any content on the Business Technology Resources, LLC
d/b/a Promarketers site. Any attempts to modify any Online Material, or
to defeat or circumvent our security features is prohibited.
Everything you
download, any software, plus all files, all images incorporated in or
generated by the software, and all data accompanying it, is considered
licensed to you by Business Technology Resources, LLC d/b/a
Promarketers or third-party licensors for your personal, non-commercial
home use only. We do not transfer title of the software to you. That
means that we retain full and complete title to the software and to all
of the associated intellectual-property rights. You’re not allowed to
redistribute or sell the material or to reverse-engineer, disassemble
or otherwise convert it to any other form that people can use.
Submitting Your
Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to Business Technology Resources, LLC d/b/a
Promarketers through our site (other than information we promise to
protect under our privacy policy becomes and remains our property, even
if this agreement is later terminated.
That means that we
don’t have to treat any such submission as confidential. You can’t sue
us for using ideas you submit. If we use them, or anything like them,
we don’t have to pay you or anyone else for them. We will have the
exclusive ownership of all present and future rights to submissions of
any kind. We can use them for any purpose we deem appropriate to our
Business Technology Resources, LLC d/b/a Promarketers mission, without
compensating you or anyone else for them.
You acknowledge that
you are responsible for any submission you make. This means that you
(and not we) have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
Limitation of
Liability
Business Technology Resources, LLC d/b/a Promarketers WILL NOT BE
LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE
OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE
NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH
YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER
YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY
DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE
DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES
RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN
IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN
STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE
"INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE
STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN
THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT,
OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF
ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF
A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL
CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE
GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web
sites from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at
sites you can access through our site. If in doubt, always check the
Uniform Resource Locator (URL) address provided in your WWW browser to
see if you are still in a Business Technology Resources, LLC d/b/a
Promarketers-operated site or have moved to another site. Business
Technology Resources, LLC d/b/a Promarketers is not responsible for the
content or practices of third party sites that may be linked to our
site. When Business Technology Resources, LLC d/b/a Promarketers
provides links or references to other Web sites, no inference or
assumption should be made and no representation should be inferred that
Business Technology Resources, LLC d/b/a Promarketers is connected
with, operates or controls these Web sites. Any approved link must not
represent in any way, either explicitly or by implication, that you
have received the endorsement, sponsorship or support of any Business
Technology Resources, LLC d/b/a Promarketers site or endorsement,
sponsorship or support of Business Technology Resources, LLC d/b/a
Promarketers, including its respective employees, agents or directors.
Termination of This
Agreement
This agreement is effective until terminated by
either party. You may terminate this agreement at any time, by
destroying all materials obtained from all Business Technology
Resources, LLC d/b/a Promarketers Web site, along with all related
documentation and all copies and installations. Business Technology
Resources, LLC d/b/a Promarketers may terminate this agreement at any
time and without notice to you, if, in its sole judgment, you breach
any term or condition of this agreement. Upon termination, you must
destroy all materials. In addition, by providing material on our Web
site, we do not in any way promise that the materials will remain
available to you. And Business Technology Resources, LLC d/b/a
Promarketers is entitled to terminate all or any part of any of its Web
site without notice to you.
Jurisdiction and
Other Points to Consider
If you use our site from locations outside of the United States, you
are responsible for compliance with any applicable local laws.
These Terms of Use
shall be governed by, construed and enforced in accordance with the
laws of the PA, as it is applied to agreements entered into and to be
performed entirely within such jurisdiction.
To the extent you have
in any manner violated or threatened to violate Business Technology
Resources, LLC d/b/a Promarketers and/or its affiliates' intellectual
property rights, Business Technology Resources, LLC d/b/a Promarketers
and/or its affiliates may seek injunctive or other appropriate relief
in any state or federal court in the State of PA, and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes
will be resolved as follows:
If a dispute arises
under this agreement, we agree to first try to resolve it with the help
of a mutually agreed-upon mediator in the following location: Chester
County. Any costs and fees other than attorney fees associated with the
mediation will be shared equally by each of us.
If it proves
impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: Chester County, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
Business
Technology Resources, LLC d/b/a Promarketers may modify these Terms of
Use, and the agreement they create, at any time, simply by updating
this posting and without notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.