This is a legal agreement (“Agreement”) between You and brodmin (“Company”), for use of the brodmin services (“Services”) which You selected or initiated.
“You” refers to the individual who registered and/or provided in the brodmin website his or her credit card or another payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorised to purchase the Services on behalf of such entity, then “You” refers to such entity.
“Data” refers to all information entered by You on the Company Servers in relation to Services.
brodmin may make changes to the content offered on this site at any time. brodmin can change, update, or add or remove provisions of these terms, at any time by posting the updated terms on this site and, if you have registered for an account with brodmin, by providing notification when you log into this Site or if you have registered for an account with us, by sending a notice to the email address associated with your account in our records. Following such changes, you will be required to verify that you have read and agree to the revised terms before you can make additional Submissions to the Site. By using this Site after brodmin has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
The use of certain Services available on the Site may be governed by separate expressly-designated legal notices or terms to which you must agree before using such Services. These expressly-designated legal notices or terms are incorporated into these terms and supersede any provision(s) of these terms that are expressly designated as being superseded.
These terms were last updated on November, 12th 2020.
By using this site, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Site at any time or in any manner or submit any information to brodmin or the Site.
brodmin provides content through this Site that is copyrighted and/or trademarked work of brodmin or brodmin’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to these Terms, and your compliance with these Terms, brodmin hereby grants you a limited, personal, non-exclusive, non-sublicensable and non-transferable license to use and to display the Materials and to use this Site, in each case solely for your personal or internal business use. Unless permitted under separate terms to which you agree in connection with your use of specific services on the Site, you agree not to use the Site or the Materials for any commercial purpose. Except for the foregoing license, you have no other rights to the Site or any Materials (excluding any submissions provided by you as set forth below) and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, reverse engineer, alter, enhance, provide access to or in any way exploit any of the Site, Services, or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Links to Third Party Sites
This Site may be linked to other web sites that are not brodmin sites, including, without limitation, Vendor (as defined in the “Submissions” section below) sites, and social networking and similar websites (such as LinkedIn™) through which you are able to log into this Site using your existing account and log-in credentials for such third-party sites, and websites that provide question-and-answer forum functionality (collectively, “Third-Party Sites”). In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site.
Certain areas of the Site may allow you to interact with such Third-Party Sites, and, if applicable, permit your activities on this Site to be shared with your contacts in your Third-Party Site account. Such interactions are carried out in the Third-Party Site, and brodmin has no ability to make changes to your account on your behalf.
The Materials provided on this Site may contain endorsements of third party products or services submitted by reviewers. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply brodmin’s endorsement or recommendation. Such endorsements are the opinions of the reviewers and not brodmin. brodmin may provide incentives (such as in the form of gift cards) from time to time to encourage product users to submit reviews, but such incentives are not dependent on whether the review is positive or negative.
YOU AGREE THAT brodmin WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, FOR ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD-PARTIES, ANY REVIEWS OF THIRD PARTY PRODUCTS OR SERVICES OR brodmin’s SOLICITATION OF SUCH REVIEWS, OR FOR ANY HARM, DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THE FORGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
You are responsible for the information, opinions, evaluations, reviews, messages, comments, photos, videos, graphics, sounds, Profile Information, and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
In making a Submission, you represent and warrant that (1) you are the sole author of the Submission and owner of the intellectual property rights thereto, (2) your Submission is accurate to the best of your knowledge; (3) your Submission fully complies with and does not violate policies, (4) your Submission does not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including without limitation your current or former client, (5) your submission does not contain information that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, obscene, pornographic, indecent, lewd, suggestive, exploitive of minors, invasive of privacy or publicity rights, abusive, cruel, inflammatory, fraudulent, unlawfully threatening or unlawfully harassing to any individual or entity, (6) your submission does not contain information that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (7) your submission does not contain personally identifiable information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and (8) your submission does not contain viruses, corrupted data or other harmful, disruptive or destructive files.
When your Submission consists of an evaluation of a service, you further represent and warrant that (a) you are a bona fide user of the service being reviewed; (b) the opinions expressed in the review are your individual honest opinions, findings, beliefs and experiences with respect to the service; and (c) you will comply with the following Submission Guidelines :
- Your Submission must be completely original and solely created by you;
- Your Submission must convey your personal, individual opinion, and not the opinion of your client, former client, or any third party;
- You may not submit group, team, or multi-authored Submissions;
- You should write any statements of opinions, evaluations, reviews, messages, and comments in your Submission from the singular, first person perspective, in other words, you should write as “I” and not “we” (for example, “I have used this service for over five years”, but not “we have used this service for over five years”);
- Your Submissions must provide accurate views, opinions, and/or experiences, they must not contain any false, misleading, or unsubstantiated information;
- You must clearly and conspicuously disclose any material connections you have with any vendor or channel partner of the reviewed service (collectively “Vendor”) or their service referenced in your Submissions – a material connection is one that could influence the weight or credibility another person would give to your opinions, evaluations, reviews, messages, or comments, such as employment or independent contractor relationship, receipt of free or discounted products or services, receipt of payment or other consideration or material benefit from a Vendor or third party;
- Your submission must not contain promotions, political campaigning, advertising, contests, raffles, or solicitations;
- You must not submit previously published opinions, evaluations, reviews, messages, or comments.
You acknowledge that brodmin may or may not choose to provide attribution of your Submissions at its sole discretion. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submission, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submissions, or any derivative works thereto or combinations thereof; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by brodmin or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submissions; and (d) you forever release brodmin, and its licensees, successors and assigns, from any claims that you could otherwise assert against brodmin by virtue of any such moral rights.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
UNAUTHORIZED USE OF ANY MATERIALS OR THIRD-PARTY CONTENT CONTAINED ON THIS SITE MAY VIOLATE CERTAIN LAWS AND REGULATIONS.
You agree to indemnify and hold brodmin and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defence) brodmin or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to brodmin’s designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is in the United States, for any judicial district in which brodmin may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
brodmin reserves the right, at its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject of repeated DMCA or other infringement notifications.
The Company may at its sole discretion modify the features of the Services from time to time without prior notice. The Company will provide the Services in accordance with this Agreement.
Abuse of Features
The features made available through the brodmin Web Application are intended for the normal use of the software. Abuse of features may result in a ban or removal of service.
No reselling or use outside of permitted terms
Other than using the Services as permitted under the terms and conditions of this Agreement or other written agreements between You and the Company, You may not resell, distribute, make any commercial use of, or use on a time-share or service bureau basis.
Email Use and Anti-Spam Policy
This policy is incorporated by reference into brodmin’s End User Services Agreement, and all users of the brodmin Service must comply with this policy at all times.
brodmin has a zero-tolerance policy regarding the sending of Unsolicited Commercial Email (“UCE”, or “spam”) using the brodmin Service. Any Customer or User account found to be in violation of this policy is subject to immediate suspension and will not be allowed to send any additional emails using the brodmin Service.
Recipients of email messages sent using the brodmin Service are encouraged to report a suspected violation of this policy by forwarding a copy of the received email to [email protected] It is brodmin’s policy to catalogue, investigate, and take appropriate action on all reports of abuse.
Privacy and Data Protection
The Company and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service mark associated or displayed with the Services.
You will not remove, deface or obscure any of the Company’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human-readable form any software associated with the Services.
DISCLAIMER; limitation of liability
Disclaimer. Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the Service by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing enough procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data.
We do not assume any responsibility or risk for your use of our Service and the Internet.
ANY AND ALL SERVICES PROVIDED BY US TO YOU ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF OUR WEBSITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE, THE SERVER(S) ON WHICH OUR WEBSITE IS HOSTED OR OUR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or another impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the Service, including but not limited to claims relating to faulty, malfunctioning or inoperable Service.
Limitation of Liability. IN NO EVENT WILL WE NOR ANY OF OUR AFFILIATES, LICENSORS SUPPLIERS OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“INDEMNIFIED PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THEM.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL INDEMNIFIED PARTIES COLLECTIVELY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR use OUR WEBSITE OR OUR MATERIALS. YOUR USE OF OUR WEBSITE AND ANY MATERIALS PROVIDED THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK.
You acknowledge that the limitations of liability in these Terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the Service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.
Errors. A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these Terms. Additionally, a possibility exists that unauthorised alterations could be made by third parties to our website or materials.
Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please contact us via our contact information provided on our “Contact” page of the website with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website.
If you have any questions regarding this Agreement or if you wish to discuss the terms of service contained herein please contact brodmin by emailing [email protected]