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Terms & Conditions
Copyright
The CONTENT, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to BILTRAX are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of BILTRAX, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any CONTENT, document or other MATERIALs viewed through BILTRAX even if the information is stored on your computer system(s). The posting of information or MATERIALs on BILTRAX does not constitute a waiver of any right in such information and MATERIALs. Some of the CONTENT on BILTRAX is the copyrighted work of third parties.
Service Marks
"BILTRAX", BCDRIT and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on BILTRAX may be trademarks of their respective owners.
Limited License
You are granted a non-exclusive, revocable license (a) to access and use BILTRAX strictly in accordance with this AGREEMENT; (b) to use BILTRAX solely for enabling your core business purposes; and (c) to print out discrete information from BILTRAX solely for enabling your core business purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of BILTRAX or its CONTENTs may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Your right to use BILTRAX is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Restrictions and Prohibitions on Use
Your license for access and use of BILTRAX and any information, MATERIALs or documents (collectively defined as "CONTENT and MATERIALs") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of BILTRAX or any CONTENT and MATERIALs retrieved from it; (b) use BILTRAX or any MATERIALs obtained from BILTRAX to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any other media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any CONTENT and MATERIALs from BILTRAX; (d) use any CONTENT and MATERIALs from BILTRAX in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in BILTRAX; (f) make any portion of BILTRAX available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer the BILTRAX platform, features or any other software associated with BILTRAX, or use any network monitoring or discovery software to determine BILTRAX architecture; (h) use any automatic or manual process to harvest information from BILTRAX; (i) use BILTRAX for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use BILTRAX in a manner that violates any state, federal or international law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export BILTRAX or any portion thereof, or any software available on or through BILTRAX, in violation of international export control laws or regulations.
No Legal Advice
Information contained on or made available through BILTRAX is not intended to and does not constitute legal advice, recommendations, mediation or counselling under any circumstance. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to BILTRAX. Your use of information on BILTRAX or MATERIALs linked to BILTRAX is entirely at your own risk.
Registration
Certain sections of, or offerings from, BILTRAX may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information.
Errors, Corrections and Changes
We do not represent or warrant that BILTRAX will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through BILTRAX will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or CONTENT of BILTRAX at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other CONTENT appearing on BILTRAX.
Third-Party CONTENT
Third-party CONTENT may appear on BILTRAX or may be accessible via links from BILTRAX. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of CONTENT on BILTRAX. You understand that the information and opinions in the third-party CONTENT represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this AGREEMENT and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted MATERIALs, IP addresses and traffic information.
Identification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "AFFILIATED Parties") harmless from any liability, loss, claim and expense related to your violation of this AGREEMENT or use of BILTRAX.
Disclaimer
The information, content and documents from or through ‘BILTRAX’ are provided "as-is," "as available," with "all faults", and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information & services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information. In particular, but not as a limitation thereof, we & our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation & limitation of damages set forth above are fundamental elements of the basis of the bargain between us & you. This site & the products, services, documents & information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the BILTRAX platform or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
Limitation of Liability
(a) We and any AFFILIATED party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from BILTRAX or any services or products obtainable therefrom, (b) the unavailability or interruption of BILTRAX or any features thereof, (c) your use of BILTRAX, (d) the CONTENT contained on BILTRAX, or (e) any delay or failure in performance beyond the control of a Covered Party.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding uses of BILTRAX by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever MATERIAL you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Third-Party Services
We may allow access to or advertise certain third-party product or service providers ("MERCHANTS") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by MERCHANTS. MERCHANTS are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and MERCHANTS. You agree that use of or purchase from such MERCHANTS is at your sole risk & is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you & merchants or for any information appearing on MERCHANT sites or any other site linked to our site
Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this AGREEMENT. You must review this Privacy Policy.
Payments
Wherever applicable, you represent and warrant that if you are purchasing something from us or from MERCHANTS that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Links to other Websites
BILTRAX contains links to Websites. We are not responsible for the CONTENT, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to access third-party sites listed on or referred to by BILTRAX, you do so at your own risk. The documented links may or may not be updated by their respective owners
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the MATERIAL that you claim is infringing is located on BILTRAX;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on BILTRAX can be reached by directing an e-mail to contact@biltrax.com
Information and Press Releases
BILTRAX contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of BILTRAX and the CONTENT and MATERIALs provided therein.
Refund and Return Policy
Please note, that no refunds are given on products and services provided by or through BILTRAX, including but not limited to the BILTRAX annual subscription fee.
Miscellaneous
This AGREEMENT shall be treated as though it were executed and performed in Mumbai, Maharashtra, India and shall be governed by and construed in accordance with the laws of Mumbai, Maharashtra, India (without regard to conflict of law principles). Any cause of action by you with respect to BILTRAX (and/or any information, Documents, products or services related thereto) must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 13 and Section 14. The language in this AGREEMENT shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this AGREEMENT. This AGREEMENT and all incorporated AGREEMENTs and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this AGREEMENT is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT shall remain in full force and effect. If any provision of this AGREEMENT is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with BILTRAX is in conflict or inconsistent with this AGREEMENT, this AGREEMENT shall take precedence. Our failure to enforce any provision of this AGREEMENT shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this AGREEMENT shall survive any termination of this AGREEMENT. The title, headings and captions of this AGREEMENT are provided for convenience only and shall have no effect on the construction of the terms of this AGREEMENT.
Arbitration
Any legal controversy or legal claim arising out of or relating to this AGREEMENT or our services, excluding legal action taken by us relating to operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Mumbai, Maharashtra, India. Each party shall bear its own attorneys' fees. Each party shall bear one-half of any arbitration fees and costs incurred.
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You must periodically review this document as it may change from time to time.