BT MENU™ (“BTM”)
Each subscriber to the Service is granted a license for one or more persons (each is a “Subscriber”) to access the Displays, enable a query and view or export search results (“Services”). Each use of the Service is conditioned upon each Subscriber agreeing to all of the terms and conditions of this Agreement which shall apply for each log on to each and every page of this Service wherever and whenever accessed. In instances where a subscriber is an administrator of an account with multiple Subscribers accessing a customized database, certain additional terms and conditions will be imposed on use.
You represent and warrant that you have directly subscribed or are authorized through a subscribed administrator as a registered Subscriber. You have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. You must be able to provide the hardware, software and/or PDA to connect to access the Service.
By becoming a Subscriber, you acknowledge that you have read and agree to be bound by all of the provisions of this Agreement. If you are using BTM on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a Subscriber, do not ratify the Agreement, and do not register, access, view, download or otherwise use any BTM webpage, information or Services.
BTM has no obligation to verify the identity of any Subscribers when they are connected to the Displays or to supervise the content that has been provided by Subscribers. Should you believe that someone is misusing or otherwise improperly appropriating passwrods, identities, access or information, you must immediately inform BTM. We reserve the right to terminate the use of any Subscriber using the Service in impermissable ways.
Scope of Use.
This Service is for informational purposes only. On the condition that you become a Subscriber, we grant you a right to access the Service through a generally available web browser to view, search, arrange, print or export information in accordance with this Agreement. Your use of this Service is undertaken at your own risk and initiative and you are responsible for compliance with applicable local laws or regulations.
BTM exercises control over its content, but does not control searches or content that you or others submit while using BTM. The content at this Service is BTM originated but it may be modified by user generated content for select groups. The BTM content is dynamic and subject to change without notice. BTM makes no representations regarding the accuracy, usefulness, completeness, appropriateness or lawfulness of any materials found at this Service.
You understand and acknowledge that the disclosure of any information, statements, data and content is your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the communication and processing by us of such “sensitive” data.
Keep your password confidential, do not use other Subscribers’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach [customer service@ biotrackthc.com] close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your BTM account or any information therein to another party or charging anyone for access to any portion of BTM, or any information therein. BTM may limit the number of connections you may have to other Subscribers and prohibit you from contacting other Subscribers through use of the Services.
The BTM Service and platform is dynamic and may be updated, improved, discontinued and/or changed at any time, in any way, at BTM’s sole discretion. We allow you to access BTM as it may exist and be available on any given day. You have no right to any aspect of Service, content, access, interoperability, application or use beyond what BTM chooses to deliver at any given moment in time. BTM has no other obligations, except as expressly stated in this Agreement. If we modify, replace, refuse access to, suspend or discontinue BTM, partially or entirely, or modify prices for BTM, any and all changes shall be effective upon their posting on our Displays or by email communication to you.
BTM has the ability to incorporate advertising into the Service. You agree to permit advertising to be transmitted thorugh the Service to Displays at no cost or obligation. Such advertising may be regular or intermittent and the appearnace on any Display may be incorporated in whole or part into menu images with your Products. You hereby acknowledge and agree that such advertisng can occur through the Service on displays owned or controlled by you at no cost or obligation.
Removal of Content.
BTM reserves the right to withhold, remove, and or discard any content available as part of your account, with or without notice. For the avoidance of doubt, BTM has no obligation to store, maintain or provide you with a copy of any content that you or other Subscribers develop when using the Services.
You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to BTM or (c) any activity in which you engage on or through the BTM.
If you subscribe to any premium Services (standard rates with ads. $250-$500 Setup, $75 for 2 monitors monthly, $50 for each additional monitor monthly, web embed $50 monthly. Additional fees may apply for any customization or added work. Non-ad rate for web embed $500 monthly & $150 per monitor monthly) that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts
All BTM trade names and Service marks are registered marks of BTM and may only be used with written permission. Nothing at this Service shall be construed as granting any license or right to use any content, image, trademark, logo or Service mark at the Displays. No act of downloading or copying from this Service will grants rights or transfer title to any software or content to you.
Materials. All materials at this Service are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download. Subscribers shall not remove any copyright, trademark or other proprietary rights notices contained in or on BTM, including those of both BTM or any of its licensors.
The materials at this Service are provided "as is" without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, including but not limited to the implied warranties of merchantability or fitness for a particular purpose or non-infringement. IF YOU ARE DISSATISFIED OR HARMED BY BTM OR ANYTHING RELATED TO BTM, YOU MAY LEAVE BTM AND TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
BTM further assumes no responsibility for, and makes no warranties that, functions contained at this Displays will be uninterrupted or error-free, that defects will be corrected, or that the Displays or the server that makes it available will be free of viruses or other harmful components. BTM shall not be liable for any damages to, viruses that may infect, or Services, repairs or corrections that must be performed on your computer or other property on account of your use of this Service to the greatest extent permitted by law. BTM is not responsible, and makes no representations or warranties for the delivery of any messages (such as inmails, posting of answers or transmission of any other user generated content) sent through BTM to anyone. In addition, we neither warrant nor represent that your use of the Service will not infringe the rights of third parties. Any material, Service, or technology described or used on the Service may be subject to intellectual property rights owned by third parties who have licensed to us such material, Service, or technology. While BTM seeks to restrict access to Subscribers, BTM does not have any obligation to you to verify the identity of the persons subscribing to its Services, nor to monitor the use of its Services by other Subscribers of the community and BTM declines all liability for identity theft or any other misuse of your identity or information.
In no event shall BTM or any third party vendor be liable to you or any other person for any incidental, indirect, special or consequential damages, or any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, costs of delay, loss of business information, loss of data, or other pecuniary loss, whether or not with a claim of breach of warranty or based on contract, strict liability or otherwise) arising out of the use or inability to use this Service, whether or not the possibility or cause of such damages was known to BTM or such other third party vendor. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so the limitation or exclusion may not apply to you. In no event shall BTM's total liability for any and all damages and causes of action exceed the amount paid by you, if any, for the use of this Service.
Subscriber Communications and Access.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to. (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer Service; or (e) protect the rights, property, or personal safety of BTM, the BTM Affiliates, its Subscribers and the public.
Use of Information.
BTM automatically collects and analyzes information regarding your Products and general usage of the Displays. We might track your usage patterns to see what features of the Displays you commonly use, Displays traffic volume, frequency of visits, type and time of transactions, type of browser, browser language, IP address and operating system, and statistical information about how you use the Products and Displays. We typically collect, track and analyze Displays Information in an aggregate manner so as to not enable personal identification, but there may be instances where data gathering would permit personal identification. This aggregate data may be used to assist us in operating the Displays and disseminating information regarding existing and proposed Products and/or provided to other third parties to enable them to better understand the operation of the Displays and Products.
We retain Displays Information and the personal data we process on behalf of Subscribers for as long as needed to support the Products and Displays. We will retain and use personal Displays Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements with Subscribers, and/or the period required by laws in applicable jurisdictions. Notwithstanding the foregoing, no data we collect is your property, nor do we have any obligation to backup the system to provide you access to any information we collect.
Limitation of Liability. The limitation of liability for any dispute involving claims related to the use of BTM shall be the lesser of (1) USD $1 or (2) the value of one month of any BTM premium Services contract. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Termination. YOU MAY TERMINATE YOUR SUBCRIPTION FOR ANY OR NO CAUSE, AT ANY TIME, WITH NOTICE TO BTM WHICH SHALL BE EFFECTIVE UPON BTM PROCESSING SUCH NOTICE, PROVIDED HOWEVER, THERE SHALL BE NO TERMINATION OF ANY RESPONSIBILITIES REGARDING THE USE OF INFORMATION ACQUIRED THROUGH THIS SITE. BTM MAY TERMINATE THE AGREEMENT FOR ANY OR NO CAUSE, AT ANY TIME, WITH OR WITHOUT NOTICE, WHICH SHALL BE EFFECTIVE IMMEDIATELY OR AS MAY BE SPECIFIED IN THE NOTICE. Termination of your BTM account includes disabling your access to BTM (including any content you submitted or others submitted) and bars you from any future use of BTM information and related reports. Additionally, BTM may at BTM’s sole discretion, terminate access to subscribers who are deemed to be repeat infringers under the United States Copyright Act or who infringe any intellectual property rights of others, whether or not there is any repeat infringement.Upon termination, you lose access to BTM. The terms of this Agreement shall survive any termination.
If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time..
Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, BTM for any third party that assumes our rights and obligations under this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA without regard to conflicts of law provisions.
Conflicts of Law.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
BT MENU™ is a trademark of BioTrack THC - © 2016 BioTrackTHC