BRAXTON-GRANT TECHNOLOGIES, LLC. TERMS OF USE
Following are the terms and conditions or “Terms” that govern use of this Braxton-Grant Technologies (as defined below) website (the “Site”). By using or visiting the Site, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site. Braxton-Grant Technologies, Inc., its parent, subsidiaries and/or affiliates (“Braxton-Grant Technologies”) reserve the right to change these Terms at any time, effective immediately upon posting on the Site. If you violate these Terms, Braxton-Grant Technologies may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you. Braxton-Grant Technologies may make available via the Site content, including (but not limited to) information, articles, videos, comments, reviews and other texts, photos, pictures and other images, software, or applications (together referred to as “Content”). You agree that Braxton-Grant Technologies, Braxton-Grant Technologies’ affiliated entities and/or licensors own all Content made available through the Site. Such Content is subject to U.S and international copyright, trademark or other intellectual property rights and laws.
If you have comments, questions or requests please write to media@braxtongrant.com
Permitted Use
You agree that you are only authorized to visit and view pages of this Site for your own personal use, and that you shall not duplicate, publish, modify, or otherwise distribute the material on this Site for any purpose other than as set forth herein. You may only use the Site as permitted by law, including applicable export and re-export laws and regulations. The software on this Site and any Content posted by Braxton-Grant Technologies on the Site is the property of Braxton-Grant Technologies and/or its suppliers and is protected by U.S. and international copyright laws. You agree that you will not remove, obscure, or alter any legal notices displayed on the Site. You agree that you will not use the Site (i) in connection with or to promote any products, services, or materials, (ii) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or (iii) to post any information that disparages or defames any person or entity.
Link & Search Results
By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Braxton-Grant Technologies for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
Access & Interface
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or the Content contained thereon, to access or capture data, or for any other unauthorized purpose without our prior express written permission of Braxton-Grant Technologies. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. The Content is protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. You agree that you will observe such laws and in particular shall not modify, conceal, or remove any alphanumeric code, marks, or copyright notices neither from the Content, the software or documentation, or any copies thereof.
Accounts
Certain functionality on this Site may require the use of a Braxton-Grant Technologies Account. You or your employer (“Customer”) may create your own Braxton-Grant Technologies Account, or one may be assigned to you by Braxton-Grant Technologies. Customer is solely responsible for maintaining the security of the IDs and passwords, for ensuring that none are made available for any purpose to anyone other than Customer’s employees, and for insuring that employee do not share their specifically assigned IDs or passwords with anyone at all or share a floating ID and password with anyone other than the Customer’s employees. If Customer wishes to revoke an access ID and password, which it may do at any time and must do immediately in the event of the termination of any employee using one, Customer will notify Braxton-Grant Technologies of such revocation. Braxton-Grant Technologies will invalidate the ID and password and, if requested by Customer, may provide replacements. If you suspect that someone else knows or has changed your password, please reset it so no one else can sign into your account.
Unauthorized Use of The Site
Illegal and/or unauthorized uses of the Site, including, but not limited to unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider, or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. You agree that you will comply with any security processes and procedures (such as passwords) specified by Braxton-Grant Technologies with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a Site which are not intended for general public access, unless you have been provided with written authorization to do so by Braxton-Grant Technologies.
Compliance with Laws
You agree that you will only use the Site only for lawful purposes. You will not transmit, post, store, distribute, display, or present any information, software, data, file, or material in violation of any applicable law or regulation. You will not use the Site to facilitate, or otherwise assist others in, the violation of any law or regulation. You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed, or presented using the Site comply with this Agreement and all applicable laws and regulations.
– You may not use the Site or the services to violate any law, statute, ordinance, or regulation including export, intellectual property, and privacy laws.
– United States export control laws govern your use of this Site and services. These laws apply to you and your use of this Site and services regardless of whether you actually reside in the United States. Additional information about United States export laws is available from the United States government’s portal to exporting and trade services at http://www.export.gov/.
– We do not represent that Content on the Site is applicable, appropriate, or available for use in locations outside the United States. Persons who choose to access the Site from locations outside of the United States do so on their own initiative, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
User Content
The Site may allow you to create or otherwise submit information, data, text, messages, or other materials (“User Content”). You may not place or send any User Content or information over this system that violates any law or infringes on the rights of any third party. In those instances where you store information that is intended to be used only by you (or someone representing you) and/or Braxton-Grant Technologies, Braxton-Grant Technologies claims no ownership or control over any User Content submitted, posted, or displayed by you on or through the Site. You or a third-party licensor, as appropriate, retain all patent, trademark, and copyright rights to any User Content you submit, post, or display on or through the Site and you are responsible for protecting those rights, as appropriate. When you enter, upload, or otherwise submit User Content to the Site that is intended to be available to members of the public or others you have chosen to share it with, you give Braxton-Grant Technologies a worldwide license to use, host, store, reproduce, modify, communicate, and distribute such User Content as intended. This license continues even if you stop using our Site (for example, User Content posted for a forum). Braxton-Grant Technologies reserves the right to delete or eliminate any User Content you provide that it deems improper or inappropriate. You represent and warrant you have the necessary rights to grant Braxton-Grant Technologies this license for all User Content submitted to the Site.
Blog and Forum Content
In the event that Braxton-Grant Technologies or any Braxton-Grant Technologies employee or agent is involved in creating, producing, or delivering an article or any materials contained therein, neither, Braxton-Grant Technologies, Braxton-Grant Technologies’ employee nor the agent shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of this article. In the event that you participate in any blog or forum, you assume any liability or responsibility for the accuracy, completeness, or usefulness of any information provided. You will also include a disclaimer that states that it is your opinion and not the opinion of Braxton-Grant Technologies. You agree to fully indemnify and defend Braxton-Grant Technologies, its employees, directors, or agents for any claims that may arise of the content you provide in any blog.
Violation of the Terms
You understand and agree that in Braxton-Grant Technologies’ sole discretion, and without prior notice, Braxton-Grant Technologies may terminate your access to the Site or exercise any other remedy available if Braxton-Grant Technologies believes that your use is (i) inconsistent with these Terms or (ii) has violated the rights of Braxton-Grant Technologies, another user, or the law. You agree that monetary damages may not provide a sufficient remedy to Braxton-Grant Technologies for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Braxton-Grant Technologies may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
Copyright
Unless otherwise specified, the copyrights in all copyrightable subject matter on the Site are either owned by Braxton-Grant Technologies or used lawfully by Braxton-Grant Technologies. To the extent that Braxton-Grant Technologies has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, Braxton-Grant Technologies grants you permission to copy or otherwise download from the Site, information, and materials (including related graphics), provided:
– The materials are for your internal use only, and
– Any copies of materials or portions thereof must include the copyright notice specified on the Site.
You may not copy or display for redistribution to third parties any portion of the Site without the prior written permission of Braxton-Grant Technologies. Documents posted by Braxton-Grant Technologies on the Site may contain other proprietary notices or describe products, services, processes, or technologies owned by Braxton-Grant Technologies or third parties. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user a license under any copyright, trademark, patent, or other intellectual property right of Braxton-Grant Technologies or any third party.
Trademark
The Braxton-Grant Technologies name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Braxton-Grant Technologies and may not be used in any manner without the prior written consent of Braxton-Grant Technologies. Other products and service marks are trademarks of their respective owners.
Limitation Of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL BRAXTON-GRANT TECHNOLOGIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, OF THIS SITE BRAXTON-GRANT TECHNOLOGIES MAKES NO WARRANTY AS TO THE ACCURACY, OR COMPLETENESS OR WHETHER THE CONTENT IS UP TO DATE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN.
Warranty Disclaimer
BRAXTON-GRANT TECHNOLOGIES DOES NOT PROMISE THAT THE SITE OR ANY SERVICES PROVIDED HEREUNDER WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, FUNCTIONALITY OR LINK ON IT. ACCESS TO THE SITE (INCLUDING ANY INFORMATION OR MATERIALS THEREIN) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BRAXTON-GRANT TECHNOLOGIES, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER BRAXTON-GRANT TECHNOLOGIES NOR ITS AFFILIATES WARRANT THAT THE INFORMATION OR MATERIALS ON, OR ACCESS TO, ANY SITE WILL BE WITHOUT INTERRUPTION OR ERROR FREE.
Disputes
If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Maryland, Anne Arundel County.
Indemnity
You agree to indemnify and hold Braxton-Grant Technologies, its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, also including your use of the Site to provide a link to another site or to upload Content or other information to the Site.
Digital Millennium Copyright Act – Copyright Infringement
Pursuant the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Braxton-Grant Technologies’ system or network, should be promptly sent in the form of written communication to Braxton-Grant Technologies’ Designated Agent:
Law Department
Braxton-Grant Technologies, Inc.
1340 Charwood Road Suite I
Hanover, Maryland 20176
Phone: 443-545-2052
Fax: 410-655-3762
Email: media@braxtongrant.com
All claims must include the following information:
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
– Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
– A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LINKING POLICY STATEMENT
User Policy – Outbound Linking Policy Statement
Any link (including hyperlinks, buttons or referral devices of any kind) used on this or any other Braxton-Grant Technologies web page is provided for the use and convenience of the visitor. The appearance of a link on this or any other Braxton-Grant Technologies web page does not constitute an endorsement, recommendation, or certification by Braxton-Grant Technologies, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with Braxton-Grant Technologies.
User Policy – Inbound Linking Policy Statement
Braxton-Grant Technologies generally does not object to links to Braxton-Grant Technologies websites from third party sites. However, there are certain conditions that must be followed:
– Unless we enter into a specific written agreement with you, you may not use any of Braxton-Grant Technologies’ names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to a Braxton-Grant Technologies site using the plain text name of that site or the plain text name of Braxton-Grant Technologies.
– Do not present the link to Braxton-Grant Technologies’ site in any way that suggests Braxton-Grant Technologies has any relationship or affiliation with your site or endorses, sponsors, or recommends the information, products, or services on your site. Do not use any of Braxton-Grant Technologies’ names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial manner without the prior express written permission for a particular use from Braxton-Grant Technologies.
– Link only to the home page/first page/registration page of this site and do not incorporate any Content from this site into your site (e.g., by in-lining or framing).
– Do not use any of Braxton-Grant Technologies’ names, logos, designs, slogans, product trademark or service parks, or any other words or codes identifying Braxton-Grant Technologies’ Web sites in any “meta tag” or other information used by search engines or other information location tools to identify and select sites, without Braxton-Grant Technologies’ express written permission for a particular use.
