By using the DataBridge™ you agree to the following Terms of Service. Please read
them carefully.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF DATABRIDGE TERMS OF USE
Welcome to the DataBridge service. Business
Technology, Inc (“BTi”) is pleased to provide you access to our data information
service and our DataBridge web portal (“DataBridge portal”), through which we strive
to provide you the best sources of information for news headlines, business news,
sports information, weather and other data categories. This Terms of Use Agreement
is between you (the “Customer”) and BTi and sets forth the terms and conditions
governing your use of the DataBridge. BY USING THE DATABRIDGE, YOU ACCEPT, WITHOUT
LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.
BTi reserves the right to change these terms and conditions at any time. The changes
will appear on this screen and are effective immediately.
2. THE DATABRIDGE
BTi provides you with the capability to integrate
quality sources of information for purpose of integration into BTi’s Attendant Solutions™
and other related BTi software solutions in exchange for your yearly subscription
fee. In order to use the DataBridge, you must be able to access the World Wide Web.
This may include access to a computer, modem or any other necessary equipment. BTi
does not provide Internet access, and is not responsible for the payment of fees
associated with establishing or maintaining such access. In addition, you must provide
BTi with certain information in order to register for the Service (the "Registration
Information"). This Registration Information currently requires you to submit the
following items a) company name, b) company address c) primary contact name d) a
user name, e) a password and f) a valid email; BTi uses this information to communicate
with all users. It is your sole responsibility to ensure that all Registration Information
is accurate and complete at all times. If any Registration Information provided
by you is untrue, inaccurate, or not current or incomplete, BTi has the right to
terminate your account and refuse any and all current or future use of the Service.
3. USER NAME AND SECURITY OF REGISTRATION INFORMATION
You will be required to select a unique DataBridge
user name and password to complete the registration process. You are responsible
for maintaining the confidentiality of your user name and password and for any and
all activities that occur under your password or account. You agree to immediately
notify BTi of any unauthorized use of your account or any other security breach
known to you. All registration passwords selected by you are encrypted on the DataBridge
portal. BTi encrypts user registration passwords using a one-way hash and has no
access to user registration passwords, and forgotten or stolen passwords are the
sole responsibility of users of the Service. You may request a new password to be
issued, which will be emailed to your email account of record.
4. MODIFICATION OF SERVICE
At any time, BTi may decide to modify, suspend,
alter or terminate Service provided to you for any reason. BTi will make any decisions
about modifications to the service in its sole discretion, with or without notice
to you. You accept and acknowledge that BTi reserves this right and agrees that
BTi will not be responsible for any modification or discontinuation of the Service
or features contained therein. The license for the BTi DataBridge is locked to a
single computer. If the user wishes to transfer the service account to another computer;
the user must successfully uninstall the DataBridge service and Service Monitor
from the initial computer before installing on the subsequent computer.
5. TERMINATION OF SERVICE
You agree that BTi may terminate your password,
account or use of the Service and at its sole discretion, including, without limitation,
if BTi believes: (a) that you have violated or acted inconsistently with this Agreement
or (b) that you have violated the rights of DataBridge or other users or parties
or (c) that your account is not in good standing with respect to the payment of
subscription fees. You may choose to cancel your account with BTi at any time. A
cancellation initiated by you will be called a voluntary termination. Yearly subscription
fees, once paid, are not refundable. You acknowledge and agree that any termination
of the Service under any provision of this Agreement may be effected without prior
notice.
6. LIMITATION OF LIABILITY
BTI WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED
IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL
OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF
THE SERVICE, OR THE TERMINATION OF THE SERVICE. THIS LIMITATION OF LIABILITY WILL
ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE
OR INTERRUPTION OF TRANSMISSION. BTI WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING
FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT
LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION.
YOU AGREE THAT BTI IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION,
CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF
SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN
JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED ABOVE
ARE NOT APPLICABLE TO YOU.
7. GENERAL DISCLAIMER
BTI PROVIDES THE SERVICE "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW.
BTI FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BTI DOES NOT WARRANT UNINTERRUPTED
OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR
ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BTI IS NOT RESPONSIBLE
FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN
CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE
IS DONE AT YOUR OWN RISK AND DISCRETION.
8. NO RESALE OF THE SERVICE.
Your right to use the DataBridge service is
for the expressed intent of integrating data sources with BTi’s Attendant Solutions
or related BTi products and you may not resell all or any portion of the Service.
You agree not to reproduce, duplicate, copy, sell, or resell the Service, your use
of or access to the Service or the results of the data queries contained therein.
You may not sell or give away copies of the BTi DataBridge software. The data derived
from the BTi DataBridge is permitted for use with a single character generator,
only without express written consent from BTi.
9. YOUR CONDUCT
You agree to abide by all BTi standards and
applicable local, state, national and international laws and regulations in your
use of the Service. You agree to be solely responsible for your actions and the
contents of your entries through the Service. You agree not to impersonate any person
or entity, including but not limited to a BTi official, or falsely state or otherwise
misrepresent your affiliation with a person or entity. You agree: (1) to comply
with all laws regarding the transmission of technical data exported from the United
States through the Service; (2) not to upload or distribute in any way files that
contain viruses, corrupted files, or any other similar software or programs that
may damage the operation of another's computer; (3) not to use the Service for illegal
purposes; (4) not to interfere or disrupt networks connected to the Service; (5)
not to use the Site or the Service for chain letters, junk mail, “spamming” solicitations
(commercial or otherwise) or bulk communications of any kind and (6) to comply with
all regulations, policies and procedures of networks connected to the Service. You
agree not to post, promote or transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically
or otherwise objectionable material of any kind or nature. You further agree not
to transmit or post any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any applicable
local, state, national or international law or regulation. BTi may, at its sole
discretion, immediately terminate your access to the Service should your conduct
fail to conform to these terms and conditions.
10. INDEMNIFICATION
You agree that BTi will not be held responsible
for any claims, damages, demands or fees arising out of your violations of these
terms and conditions, BTi’s privacy policy or infringements on the rights of any
third parties as a result of your use of the Site or the Service. You also agree
to indemnify BTi and its officers, directors, employees, agents, and partners for
any and all claims that may arise.
11. SYSTEM INTEGRITY
You shall not use any device, software or routine
to interfere or attempt to interfere with the proper working of the Site or any
transaction conducted on our Site. You may not take any action which imposes an
unreasonable or disproportionately large load on our infrastructure. You may not
disclose or share your password with any third parties or use your password for
any unauthorized purpose.
12. GOVERNING LAW
The laws of the State of Tennessee shall govern
this Agreement and the relationship between you and BTi. You agree that any grievances
shall be settled according the procedures and laws within this jurisdiction. You
further agree that any claim, cause or action related to the Service or this Agreement
must be filed within one (1) year after such claim arose. The headings used to describe
the sections of this Agreement are solely for descriptive purposes. They do not
imply or refer to a specific legal description or obligation.
13. INTELLECTUAL PROPERTY
You acknowledge that BTi owns all rights, title
and interest in and to DataBridge, portions thereof, or software or content provided
through or in conjunction with DataBeridge, including without limitation all Intellectual
Property Rights. "Intellectual Property Rights" means any and all rights existing
from time to time under patent law, copyright law, trade secret law, trademark law,
unfair competition law, and any and all other proprietary rights, and any and all
applications, renewals, extensions and restorations thereof, now or hereafter in
force and effect worldwide. You agree not to (and agree not to allow third parties
to) modify, adapt, translate, prepare derivative works from, decompile, reverse
engineer, disassemble or otherwise attempt to derive source code from DataBridge.
You also agree to (and agree not to allow third parties to) not remove, obscure,
or alter BTi's or any the DataBridge copyright notice, trademarks, or other proprietary
rights notices affixed to or contained within or accessed in conjunction with or
through DataBridge.
14. CONTACT INFORMATION
Any questions or comments can be directed to:
support@bti.tv
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