Brisnet.com Membership Agreement
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TERMS AND CONDITIONS
This Agreement describes the terms and conditions applicable to the use of BRISNET.COM, including, but not limited to, the purchasing and receiving of information and products provided by BRISNET. By using this website, information, products and services, you accept all of the terms and conditions contained herein. If you do not agree with these terms and conditions, do not use this web site or our information, products and services.
You shall be solely responsible for the maintenance of the confidentiality of your User I.D. and Password. Unauthorized use or sharing of a User I.D. and/or Password is strictly prohibited. BRISNET will act as though any electronic communications BRISNET receives under your User I.D. and Password were sent by you. You agree to immediately notify BRISNET if you become aware of any loss, theft, or unauthorized use of your User I.D. and/or Password. Failure to notify BRISNET promptly shall be deemed as acceptance and acknowledgment by you that all transactions are valid and that you accept all financial liability related to said transactions.
You are responsible for all purchases and resulting charges made under your User I.D. and Password. BRISNET will charge your credit card on file no less than once per month but may charge your credit card as often as BRISNET deems necessary in its sole discretion for any purchases and/or outstanding balances related to the use of BRISNET. If for any reason your account remains unpaid for more than 30 days from the date of a purchase, the outstanding balance may be subject to a service charge in the amount of 2% per month or the maximum amount allowed by law. If you make a purchase, you shall bear sole responsibility for the payment of any taxes imposed on your purchase and receipt of the Products by the national and/or local jurisdictions of and within your country. Refunds and credits are granted at the sole and absolute discretion of BRISNET and under no circumstances will refunds and/or credits be granted for purchases that occurred more than 60 days prior IMPORTANT: ACCESSING OR DOWNLOADING A PRODUCT (INCLUDING BUT NOT LIMITED TO ALL FILES AND REPORTS) RESULTS IN A PURCHASE TRANSACTION WITH A CORRESPONDING FINANCIAL LIABILITY THAT IS SOLELY YOUR RESPONSIBILITY.
Use of information, products and services from this web site are for information and non-commercial or personal use only and may not be sold, copied, or posted on any network computer or broadcast in any media, and modifications of any information, documents or services may not be made. All of the information on the BRISNET web site is proprietary to or is licensed to BRISNET by our third parties. You agree not to use any robot, spider, scraper or any other automated means, by whatever name known, to access the BRISNET web site for any purpose without BRISNET expressly providing, in an authorized writing, such permission.
The Products offered through BRISNET are for your use only and may not be transferred to anyone else or from one computer to another. In no event, may you transfer, distribute, assign, rent, lease, sell, make derivative works based on, or otherwise dispose of the Products offered through BRISNET on a permanent or temporary basis except as expressly provided for herein. Use of the information, products and services from this web site except as is expressly stated herein, is expressly prohibited and may result in severe civil and criminal penalties. No logo, graphic, sound or image from the BRISNET web site may be copied or retransmitted unless expressly permitted by BRISNET.
BRISNET MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS TO ANY INFORMATION, PRODUCT OR SERVICE PROVIDED WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, TIMELINESS, CONTINUITY, OF ANY INFORMATION, PRODUCT OR SERVICE FURNISHED HEREUNDER, AND YOU ACCEPT SUCH INFORMATION, PRODUCTS AND SERVICES ON AN "AS IS" BASIS. IN NO EVENT SHALL BRISNET OR ITS PARENTS AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE, OR LOSS OF USE, OF THE INFORMATION, PRODUCTS AND SERVICES HEREUNDER.
This web site and all systems, programs, records, statistics, data, documentation, and any other material utilized or developed by BRISNET in connection with this Agreement and the information, products and services supplied hereunder shall remain the sole property of BRISNET or its third party licensors.
You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the information, products and services provided hereunder without BRISNET's express written consent.
The information, products and services on this web site may include inaccuracies or typographical errors, and may be provided by third parties. While the information contained on or through this web site is believed to be accurate, BRISNET is not responsible for any errors or omissions.
The BRISNET web site may provide links, which will let you leave the BRISNET web site. These linked sites may not be under the control of BRISNET and BRISNET is not responsible for the contents of, or any policies, changes or updates to such web sites.
BRISNET shall not be liable to you for failure to provide services in the event any equipment, service, or transmission can not be provided by BRISNET or its contractors, due to an act of God, fire, epidemic, casualty, act or decision of a government authority, injunction, technical difficulties, failure of communications, or any other cause beyond the control of BRISNET, its contractors, representatives or agents.
Should any of the provisions of these terms and conditions be held by a court, or a tribunal of competent jurisdiction, to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.
You agree to defend, indemnify and hold harmless BRISNET, its parents and affiliates and their respective officers, directors, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including attorneys' fees and expenses) arising out of the breach of these terms and conditions, your use of this web site or the information, products and services provided by BRISNET.
As a condition to your use of the BRISNET web site, you warrant to BRISNET that you will not use the BRISNET web site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the web site in any manner, which could damage, disable, overburden, or impair the web site or interfere with any other party's use and enjoyment of the web site. Any conduct that is in BRISNET's sole discretion restricts or limits any other user's use or enjoyment of the web site will not be tolerated, and is sufficient cause for termination of service without notice. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the BRISNET web site.
USE OF EQUIBASE DATA AND PRODUCTS
The data used to create the Equibase Products and the TrackMaster® Products are proprietary to and are copyrighted by Equibase Company LLC and Axcis Information Network, Inc. respectively. Unauthorized copying of such data, including modifications thereof, or the creation of programs or products in which such data have been merged or included with other data programs or products, for distribution to third parties, whether gratuitously or for sale, is expressly forbidden. You may be held legally responsible for any proprietary or copyright infringement that is caused or encouraged by your failure to comply with these Terms and Conditions of Use.
You may NOT transfer the Equibase or TrackMaster® Products from one coputer to another. You may not distribute copies of the Equibase or TrackMaster® Products to third parties. You may not create derivative works based upon the Equibase or TrackMaster® Products.
The Equibase and TrackMaster® Products are for your use only and may not be transferred to anyone else. In no event, may you transfer, assign, rent lease, sell, or otherwise dispose of the Equibase or TrackMaster® Products on a permanent or temporary basis except as expressly provided for herein.
If you breach any of these Terms and Conditions of Use of Equibase Data and Products, BRISNET and/or Equibase, in addition to pursuing any other legal remedies available to them, may immediately terminate your right to access the Equibase and TrackMaster® Products.
Your purchase of the Equibase and TrackMaster® Products indicates your acceptance of these Terms and Conditions of Use.
We reserve the right to make changes to our web site and these disclaimers, terms and conditions at any time, which changes shall become effective immediately upon posting on the web site.
THE LAWS OF THE COMMONWEALTH OF KENTUCKY, USA, APPLICABLE TO AGREEMENTS EXECUTED AND PERFORMED WHOLLY WITHIN KENTUCKY, SHALL GOVERN THE VALIDITY, INTERPRETATION AND ENFORCEMENT OF THESE TERMS AND CONDTIONS. YOU EXPRESSLY AGREE THAT ANY LAWSUIT BROUGHT AGAINST BRISNET AND ITS PARENT AND AFFILIATES SHALL BE COMMENCED AND ADJUDICATED ONLY IN THE UNITED STATES DISTRICT COURT OR IN KENTUCKY STATE COURTS LOCATED IN JEFFERSON COUNTY, KENTUCKY.
By using this web site, you signify your agreement to these terms and conditions. If you do not agree to these terms and conditions, you must not use this web site. Any rights not expressly granted herein are reserved by BRISNET. These terms and conditions may be revised without notice, and such revisions are deemed to be in full force and effect upon posting at the BRISNET web site, and your use of this web site after such changes are posted means that you accept such terms as revised.
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