1. Acceptance of Terms of Use
and Amendments
Each time you use or cause
access to this web site, you agree to be
bound by these Terms of Use, and as
amended from time to time with or
without notice to you. In addition, if
you are using a particular service on or
through this web site, you will be
subject to any rules or guidelines
applicable to those services and they
shall be incorporated by reference into
these Terms of Use. Please see our
Privacy Statement, which is incorporated
into these Terms of Use by reference.
2. Our Service
Our web site and services provided to
you on and through our web site on an AS
IS basis. You agree that the owners of
this web site exclusively reserve the
right and may, at any time and without
notice and any liability to you, modify
or discontinue this web site and its
services or delete the data you provide,
whether temporarily or permanently. We
shall have no responsibility or
liability for the timeliness, deletion,
failure to store, inaccuracy, or
improper delivery of any data or
information.
3. Your Responsibilities and
Registration Obligations
In order to use this web site, you must
register on our site, agree to provide
truthful information when requested, and
be at least the age of thirteen (13) or
older. When registering, you explicitly
agree to our Terms of Use and as may be
modified by us from time to time and
available here.
4. Privacy Policy
Registration data and other personally
identifiable information that we may
collect is subject to the terms of our
Privacy Statement.
5. Your Conduct
You agree that all information or data
of any kind, whether text, software,
code, music or sound, photographs or
graphics, video or other materials
(Content), publicly or privately
provided, shall be the sole
responsibility of the person providing
the Content or the person whose user
account is used. You agree that our web
site may expose you to Content that may
be objectionable or offensive. We shall
not be responsible to you in any way for
the Content that appears on this web
site nor for any error or omission.
You explicitly agree, in using
this web site or any service provided,
that you shall not:
(a) Provide any Content or
perform any conduct that may be
unlawful, illegal, threatening, harmful,
abusive, harassing, stalking, tortious,
defamatory, libellous, vulgar, obscene,
offensive, objectionable, pornographic,
designed to or does interfere or
interrupt this web site or any service
provided, infected with a virus or other
destructive or deleterious programming
routine, give rise to civil or criminal
liability, or which may violate an
applicable local, national or
international law;
(b) Impersonate or
misrepresent your association with any
person or entity, or forge or otherwise
seek to conceal or misrepresent the
origin of any Content provided by you;
(c) Collect or harvest
any data about other users;
(d) Provide or use this
web site and any Content or service in
any commercial manner or in any manner
that would involve junk mail, spam,
chain letters, pyramid schemes, or any
other form of unauthorized advertising
without our prior written consent;
(e) Provide any Content
that may give rise to our civil or
criminal liability or which may
constitute or be considered a violation
of any local, national or international
law, including but not limited to laws
relating to copyright, trademark,
patent, or trade secrets.
6. Submission of Content on this
Web Site
By providing any Content to our web
site:
(a) you agree to grant
to us a worldwide, royalty-free,
perpetual, non-exclusive right and
license (including any moral rights or
other necessary rights) to use, display,
reproduce, modify, adapt, publish,
distribute, perform, promote, archive,
translate, and to create derivative
works and compilations, in whole or in
part. Such license will apply with
respect to any form, media, technology
known or later developed;
(b) you warrant and
represent that you have all legal,
moral, and other rights that may be
necessary to grant us with the license
set forth in this Section 6.
(c) you acknowledge and
agree that we shall have the right (but
not obligation), in our sole discretion,
to refuse to publish or to remove or
block access to any Content you provide
at any time and for any reason, with or
without notice.
7. Third Party Services
Goods and services of third parties may
be advertised and/or made available on
or through this web site.
Representations made regarding products
and services provided by third parties
are governed by the policies and
representations made by these third
parties. We shall not be liable for or
responsible in any manner for any of
your dealings or interaction with third
parties.
8. Indemnification
You agree to indemnify and hold us
harmless, our subsidiaries, affiliates,
related parties, officers, directors,
employees, agents, independent
contractors, advertisers, partners, and
co-branders from any claim or demand,
including reasonable attorney's fees,
that may be made by any third party,
that is due to or arising out of your
conduct or connection with this web site
or service, your provision of Content,
your violation of this Terms of Use or
any other violation of the rights of
another person or party.
9. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE
OF THIS WEB SITE AND ANY SERVICES OR
CONTENT PROVIDED (THE SERVICE) IS MADE
AVAILABLE AND PROVIDED TO YOU AT YOUR
OWN RISK. IT IS PROVIDED TO YOU AS IS
AND WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, IMPLIED OR EXPRESS,
INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS,
THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,
TIMELY, SECURE, ACCURATE, RELIABLE, OF
ANY QUALITY, NOR THAT ANY CONTENT IS
SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER US NOR
ANY PARTICIPANT IN THE SERVICE PROVIDES
PROFESSIONAL ADVICE OF ANY KIND AND THAT
USE OF SUCH ADVICE OR ANY OTHER
INFORMATION IS SOLELY AT YOUR OWN RISK
AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow
disclaimers of implied warranties and
the above disclaimer may not apply to
you only as it relates to implied
warranties.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSS (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY
TO USE THE SERVICE, (II) THE COST TO
OBTAIN SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED
INTO ON THROUGH THE SERVICE, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR DATA TRANSMISSIONS, (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE, OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE.
In some jurisdictions, it is not
permitted to limit liability and
therefore such limitations may not apply
to you.
11. Reservation of Rights
We reserve all of our rights, including
but not limited to any and all
copyrights, trademarks, patents, trade
secrets, and any other proprietary right
that we may have in our web site, its
content, and the goods and services that
may be provided. The use of our rights
and property requires our prior written
consent. We are not providing you with
any implied or express licenses or
rights by making services available to
you and you will have no rights to make
any commercial uses of our web site or
service without our prior written
consent.
12. Applicable Law
You agree that this Terms of Use and any
dispute arising out of your use of this
web site or our products or services
shall be governed by and construed in
accordance with local laws where the
headquarters of the owner of this web
site is located, without regard to its
conflict of law provisions. By
registering or using this web site and
service you consent and submit to the
exclusive jurisdiction and venue of the
county or city where the headquarters of
the owner of this web site is located.
13. Miscellaneous Information
(i) In the event that
this Terms of Use conflicts with any law
under which any provision may be held
invalid by a court with jurisdiction
over the parties, such provision will be
interpreted to reflect the original
intentions of the parties in accordance
with applicable law, and the remainder
of this Terms of Use will remain valid
and intact;
(ii) The failure of
either party to assert any right under
this Terms of Use shall not be
considered a waiver of any that party's
right and that right will remain in full
force and effect;
(iii) You agree that
without regard to any statue or contrary
law that any claim or cause arising out
of this web site or its services must be
filed within one (1) year after such
claim or cause arose or the claim shall
be forever barred;
(iv) We may assign our
rights and obligations under this Terms
of Use and we shall be relieved of any
further obligation
E-mail: betmedic@betmedic.com