Restrictions On Use Of Materials
All materials contained in the BriarTek Site are the copyrighted property of BriarTek Inc. All trademarks, service marks, and trade names are proprietary to BriarTek, Inc. No material from the BriarTek Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any form or manner, or by any means, without prior written permission by Briartek Inc. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us.
In the event you download software from the BriarTek Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your use only, subject to any copyrights or other intellectual property rights of BriarTek, Inc.. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human- perceivable form.
We reserve the right to disable links from third-party sites to the BriarTek Site.
The materials in the BriarTek site are provided “as is” and without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability and fitness for a particular purpose. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied. We do not warrant that the information is complete or accurate, or that functions contained in the materials on the BriarTek site will be uninterrupted or error-free, that defects will be corrected, or that the BriarTek site or the servers that make such materials available are free of disabling devices (as hereinafter defined) . We do not warrant or make any representations regarding the use or the results of the use of the materials on any BriarTek site in terms of their correctness, accuracy, reliability, or otherwise. Your reliance on any such information or materials assumes the entire cost of all necessary servicing, repair, or correction. You further assume any liability arising from any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or the inability to use, the materials in this site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
A “Disabling Device” is defined as any software, document, message or other material which contains a computer virus, worm trojan horse, timebomb or other device which may erase, scramble, lock or disable computer software or equipment, or may prevent users from using a website or any other item of hardware or software.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the BriarTek Site.
You are entirely responsible for maintaining the confidentiality of your Password and Account and for all activities that occur under your Account. You hereby indemnify, defend, and hold us and our officers, directors, owners, agents, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees’) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your Account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation Of Liability
Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, punititive or consequential damages that may result from the use of, or the inability to use, the BriarTek site or materials or functions on any such site, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
BriarTek is controlled and operated by BriarTek Inc. from its U.S. offices in the Commonwealth of Virginia. We make no representation that materials on the BriarTek Site are appropriate or available for use in any particular location. Those who choose to access the BriarTek Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the BriarTek Site and destroying all materials obtained from the site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to the BriarTek Site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the BriarTek Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Alexandria, Virginia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.