Terms and Conditions

ACCEPTANCE OF TERMS

Brainstrom Infotech owns multiple internet sites, each of which has separate terms and conditions of use, a link to which appears at the bottom of the home page for each such site. Your use of the Brainstrom Infotech internet site (this “Site”), including the services provided to you pursuant to this Site are subject to the following terms and conditions (the “Terms”). By accessing, using, or registering to use the Software (as defined herein), Services (as defined herein) from this Site you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.

DESCRIPTION OF SERVICES

Brainstrom Infotech may provide you with access to a variety of resources, materials and downloads, including business, educational and technical news and information (collectively, “Services”). The Services, including any updates and enhancements, are subject to the Terms.

USE OF MATERIALS

Any information or materials that are made available to download from this Site or otherwise provided to you (“Materials”) is the copyrighted work of Brainstrom Infotech and/or its licensors (if any). You must be a registered Brainstrom Infotech subscriber in order to download and/or use the Materials and you must retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Furthermore, your right to download and/or use the Materials will be subject to these Terms. Any use, reproduction or redistribution of the Materials not in accordance with these Terms is prohibited.

The origins of such materials may be internal or external to Brainstrom Infotech. While third party Materials are believed to be reliable, such third party Materials have not been independently authenticated, tested or verified in whole or in part by Brainstrom Infotech. All Materials provided on Brainstrom Infotech websites, including any material from third parties, is “as is,” and Brainstrom Infotech makes no express or implied claims, representations or warranties as to its accuracy, validity or veracity. Brainstrom Infotech and its licensors shall not be liable, in any way, for your use of these Materials, any results that may occur from such use, or any consequences from decisions made in reliance on these Materials.

LIMITATION OF USE

Unless otherwise specified in the Terms and/or the Brainstrom Infotech License Agreement, the Services and Materials are for your personal and non-commercial use. Notwithstanding anything to the contrary in the preceding sentence, if you have obtained any Software pursuant to a Brainstrom Infotech License Agreement, and have been granted access by Brainstrom Infotech to the Brainstrom Infotech Customer Order Management portion of the Site, you may use the Services and/or Materials made available in the Customer Order Management portion of the Site solely for your internal business purposes related to your license of our Software.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services or Materials. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Brainstrom Infotech via email or post).

UPDATES AND/OR CHANGES TO THE SITE

The Services and/or Materials may contain technical inaccuracies or typographical errors. Unless otherwise specified in the Terms and/or the Brainstrom Infotech License Agreement, the Services, Software and/or Materials may be updated, modified or deleted at any time without notice.

CONFIDENTIALITY

Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Brainstrom Infotech written request, You must cease use of Confidential Information and return or destroy it.

The Confidentiality provision will not apply with respect to Confidential Information to the extent that You can establish by legally sufficient evidence: (a) You possessed such Confidential Information prior to Your receipt from Brainstrom Infotech, without an obligation to maintain its confidentiality; (b) such Confidential Information is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained such Confidential Information from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed substantially similar information without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) You are required to disclose such Confidential Information in response to a valid order by a court or other governmental body, as otherwise required by law, but only after prior notice to Brainstrom Infotech adequate to afford Brainstrom Infotech the opportunity to object to the disclosure.

POLICY ON PRIVACY

Please see the Privacy Policy disclosures relating to the collection and use of your information. By using the Site, you are consenting to the processing of your data by Brainstrom Infotech and consenting to our Privacy Policy.

USER INFORMATION

When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration (“Your Data”), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.

LINKS TO THIRD PARTY WEBSITES CONTENT

Links to third party web sites or content on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products, sweepstakes or materials found there, or any results that may be obtained from using them.

If you decide to access any of the third party sites linked to this Site, or decide to participate in any sweepstakes or contests offered by third parties pursuant to links on Brainstrom Infotech’s Site, you do this entirely at your own risk.

TRADEMARKS

“Brainstrom Infotech Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Brainstrom Infotech uses in connection with its products and services. You agree to comply with the Brainstrom Infotech Logo Trademark Requirements. You may not remove or alter any Brainstrom Infotech Trademarks, or co-brand your own products or material with Brainstrom Infotech Trademarks, without Brainstrom Infotech’s prior written consent. You acknowledge Brainstrom Infotech’s rights in Brainstrom Infotech Trademarks and agree that any use of Brainstrom Infotech Trademarks by You shall inure to Brainstrom Infotech’s sole benefit. You agree not to incorporate any Brainstrom Infotech Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

REFUND STATEMENT

For a description of the refund/return policy that may apply to your purchase of Software and/or Services, please review the specific terms and conditions contained in the applicable Brainstrom Infotech License Agreement or other agreement you consented to be bound to in connection with the use of Software and/or Services.

GENERAL

Brainstrom Infotech may update these terms at any time without notice by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. If you have comments or questions about our privacy policy, please Contact Us. We will address any issue to the best of our ability.

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