Terms of Use
Terms of Use
BRM Institute Web Site – Terms of Use
Binding contract |
|
| BY ENTERING THIS SITE YOU AGREE TO OUR TERMS AND CONDITIONS.IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. | These terms and conditions of use (“Terms”) constitute a binding agreement between you (as you hereby represent that you are of legal age to form a binding contract), Business Relationship Management Institute, Inc. (“BRM Institute”), and BRM Institute’s agents (collectively referred to as “we” and “us”). |
Content Ownership |
|
| BRM Institute owns this site.You may not copy or transfer any part of this site.You will comply with the rules associated with our intellectual property rights. | BRM Institute is the copyright owner of this site, and no portion of this site, including but not limited to the text, images, graphics, audio or video, button icons, logos, software and other data, information, content, products, materials, services, whether tangible or intangible, and all intellectual property rights therein provided by BRM Institute or a third party, may be used in any manner, or for any purpose, without BRM Institute’s express written permission, except as provided for herein.You acknowledge and agree, by entering this site, that any name, logo, trademark, service mark, any content developed and/or posted via interactive media (i.e., chat board, message boards, blogs, virtual communities) that has been created in whole or in part by BRM Institute and contained on this site is owned or licensed by BRM Institute and may not be used by you without prior written approval. BRM Institute will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of BRM Institute or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. You will not copy, reproduce, publish, retransmit, create derivative works based upon or otherwise transmit any BRM Institute intellectual property. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.You may not use BRM Institute trademarks, trade names, or other material in a fashion that suggest BRM Institute is endorsing, sponsoring, authorizing or affiliated with you or any third party. The trademarks, including BRM Institute’s trademarks, contained on this site may not be used in any form of publicity, advertising or similar use that infers BRM Institute’s sponsorship or association with any product or service. |
Use of the Site |
|
| You are responsible for the content you add to the site.You will follow the rules for using the site. |
In certain areas of this site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content (“User Content”). You are responsible for User Content you post, upload, transmit or link and for the consequences associated with such actions. Your posting of User Content is subject to these Terms and any additional terms posted for a specific feature. BRM Institute may delete any User Content that in the sole judgment of BRM Institute violates these Terms or the Posting Policy. You agree that in using the site, including the interactive features therein, you will adhere to the following:
|
License to User Content |
|
| You grant us a license to use the content you contribute this this site.The information you provide is truthful and it is your original content. | By displaying, publishing, or otherwise posting any User Content on or through the site, you hereby grant to BRM Institute a perpetual, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, distribute and develop derivative works of such User Content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms.You represent and warrant that you own the content submitted, displayed, published or posted by you on the site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. |
No Warranty/Limitation of Liability |
|
| You use this site at your own risk.We are not responsible for the quality, reliability or safety of the site.We are limiting any liability we may have to you. | By entering this site you acknowledge and agree that your use and reliance on the content is at your own risk and that none of the parties involved in creating, producing, or delivering this site, including BRM Institute, is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.Although the specifications, features, illustrations, equipment and other information contained in the site are based upon up-to-date information, and while BRM Institute makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and BRM Institute makes no warranties or representations as to its accuracy. All content information and materials contained in this site are provided to you ON AN “AS IS AND AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BRM Institute BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL BRM Institute BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BRM Institute’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL BRM Institute’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.When viewing, submitting or posting User Content (as defined below), you understand and agree that BRM Institute is not responsible for the information, data, text or other materials that may appear in User Content. BRM Institute does not endorse any User Content or any opinions, recommendations, or advice expressed therein User Content is not necessarily reviewed by BRM Institute prior to posting and BRM Institute makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content. BRM Institute does not necessarily monitor any materials posted, transmitted, or communicated to or within the site. If you believe that something on the site violates these Terms, please email us. Notwithstanding the fact that BRM Institute or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, posting, discussions, or chats, BRM Institute and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. |
Indemnification |
|
| You will pay for any damage or loss that you cause. | You agree to indemnify, defend and hold harmless BRM Institute and its related companies, and their respective officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the site and any violation of these Terms by you or a party using your ID and/or password. |
No Ownership/Account Cancellation |
|
| You accept that we can restrict or cancel use of the site. | This agreement is personal to you and you may not assign your rights and obligations to any third party. You understand and agree that you have no ownership rights in your account or other access to the site or features therein. BRM Institute may cancel your account and delete all User Content associated with your account, or may delete any specific User Content, at any time and without notice, if BRM Institute determines in its sole discretion that you have violated these Terms, the law, or for any other reason. BRM Institute assumes no liability for any information removed from our site, and reserves the right to permanently restrict access to the site or a user account. |
No Confidentiality |
|
| You agree that we can collect, use and store information about you and your use of this site. You agree that your information will not be confidential information. | On certain areas of our site, you may be given the ability to provide us with personally identifiable information or User Content, as discussed above. Please read our Privacy Policy for more information about our information collection and use practices. By entering this site and providing User Content, you acknowledge and agree that any communication or material you transmit to this site or BRM Institute, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to BRM Institute may be used by BRM Institute anywhere, anytime, and for any reason whatsoever. |
Links – Third Party |
|
| Your use of links to other sites is at your own risk. | Although this site may be linked to other sites, BRM Institute is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. BRM Institute has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website. By entering this site you acknowledge and agree that BRM Institute has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk. |
Entire Agreement; Modifications |
|
| You will read and abide by this and all updated versions of these Terms. | These Terms constitute the entire agreement between you and BRM Institute regarding the use of the site, are accepted by you upon your use of the site, and you agree to be bound by these Terms. BRM Institute reserves the right to revise the Terms at any time and for any reason, and such revisions shall be effective immediately upon notice thereof, which may be given by any means including posting the updated version of the Terms on the site. Your use of the site after such notice shall be deemed to constitute your acceptance of such revisions. New products and services made available will be considered part of the site offerings and your use will be governed by these Terms unless BRM Institute indicates otherwise. You are expected to review these Terms periodically to ensure familiarity with the most current version. You understand and agree that BRM Institute may change the site at any time, including removing, deleting, or modifying any content thereon. If any change to these Terms is not acceptable to you, you must stop using the site and all associated products and services. |
GENERAL TERMS: |
|
No Partnership |
|
| Both you and BRM Institute acknowledge and agree that no partnership is formed and neither of you nor BRM Institute has the power or the authority to obligate or bind the other. | |
No Waiver |
|
| These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The failure of BRM Institute to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of BRM Institute, shall not be deemed a breach of these Terms. If BRM Institute fails to act with respect to your breach or anyone else’s breach on any occasion, BRM Institute is not waiving its right to act with respect to future or similar breaches. Regardless of any statute of limitation, any claim by you must be filed within one (1) year after the claim arose or be barred forever. | |
Headings |
|
| The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the site, and replaces any prior understandings or agreements (whether oral or written) regarding the site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The site and any promotions contained thereon is void where prohibited. | |
Governing Law |
|
| This Agreement will be governed by and construed in accordance with the internal laws of the State of Georgia without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding this Agreement will be subject to the federal, state and local courts for Fulton County, Georgia. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO GEORGIA LAW. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. |