Terms of Service
Last Updated: February, 2017
Welcome to Btibrands.com (the “Website”), an interactive online service operated by Battenfeld Technologies, Inc. and its affiliates (“BTI”, “us”, “we”, or “our”). The terms “you” and “your,” when used in these Terms of Service, mean any user of the Website. Please read these Terms of Service carefully before using the Website.
- Consent to Terms & Conditions of Use
- Changes to Terms & Conditions of Use
We reserve the right in our sole discretion to change, modify, add, or delete portions of these Terms & Conditions of Use at any time. We will provide notice of such changes only by posting the updated Terms & Conditions of Use on our Website and changing the “last updated” date listed above. These Terms & Conditions of Use apply exclusively to your access to, interaction with, and use of, this Website and do not alter in any way the terms or conditions of any other agreement you might have with us for products, services, or otherwise. By accessing this Website, you agree to be bound by these Terms & Conditions of Use. If you do not agree to be bound by these Terms & Conditions of Use, including any and all modifications, changes and/or revisions, do not use this Website. We encourage you to review our Terms & Conditions of Use each time you visit this Website to see if they have been updated since your last visit.
- User Access, Conduct & Content
This Website might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, or other exchange areas, where you may be permitted to submit or upload reviews, photographs, or other content for viewing by the general public. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any such content that you upload or transmit to the discussion forums or interactive areas of this Website. This content may be posted on or accessed through the Website in our sole discretion. Under no circumstance will we be liable in any way for any such content. Since we do not control content submitted to the Website by you and other users, we cannot and do not warrant or guarantee the truthfulness, accuracy, integrity, suitability, or quality of that content. You understand and agree that by accessing the Website, you may encounter content that you may consider objectionable. We are in no way responsible for content submitted to the Website, including any errors or omissions, nor are we responsible for any loss or damage of any kind that you claim was incurred as a result of use of such user-submitted content.
You agree not to use the Website to do any of the following:
- Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
- Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Upload, e-mail, transmit, or otherwise make available any content soliciting any personal or private information from any individual, any information which contains a virus or other harmful component, or contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Without our written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
- Harm minors in any way; or
- Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You represent and warrant to us that you own any content you submit, but by submitting any content to this Website, either online or offline and whether or not solicited by this Website, you hereby grant to us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your submitted content and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without notification, compensation, or attribution to you. Publication or use of any user-submitted content is at our sole discretion and we are under no obligation to publish or use any such content. By submitting, disclosing, or offering such content, you hereby grant us the right to use the name submitted in connection with the content.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein, and (b) any content you submit to the Website does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at our expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by us to effect, perfect, and confirm the license granted to us to your content as set forth herein.
- Website Content & External Websites
We reserve the right to change any and all content contained on this Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any user generated or submitted content at any time and for any reason, including, but not limited to content that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any content transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. Indirect or attempted violations of these Terms & Conditions of Use or any related policy, guideline or agreement, and actual or attempted violations by a third party on your behalf, shall be considered violations of these Terms & Conditions of Use by you.
You agree to defend, indemnify and hold harmless BTI, its affiliates, and all of their respective officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Website or content you provide, including, but not limited to, any claim by a third party that any content submitted by you to the Website infringes or violates such third party’s rights or interests.
- Disclaimer of Warranties & Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND ITS CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNDER NO CIRCUMSTANCES, WILL WE BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF BTI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
We reserve the right, without notice and in our sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any content that you may have submitted or post to the Website.
- Intellectual Property
We own all rights to or have rights to use the software and code comprising or used to operate this Website, all text, photographs, illustrations, graphics, sound recordings, video, AV clips, other materials, including their logos and trademarks used in connection with this Website, which are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other logos and trademarks appearing on this Website are the property of their respective owners.
We might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any pages on this Website, and any software part of the Website. Except to the extent we may have granted you licenses to certain intellectual property, our providing you with access to this Website does not give you any license to our intellectual property.
- Third-Party Content & Links
This Website may contain links and/or advertisements to other websites that may be maintained by unrelated, third-party companies. An advertisement of, or link to, a third-party website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. We do not investigate, monitor or check such websites for accuracy, completeness or conformance with applicable laws and regulations. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through our Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
- Website Content Removal
We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy under the Digital Millennium Copyright Act of 1998 (DMCA) that provides for the removal of infringing content from our Website and for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us, via email at firstname.lastname@example.org (attn.: “DMCA Notices”) with 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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online 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 us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- 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.
Notifications by a copyright owner or a person authorized to act on its behalf that fail to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
These Terms & Conditions of Use constitute the entire agreement of the parties with respect to the subject matter herein, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms & Conditions of Use are for our benefit, any of our affiliates and any third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms & Conditions of Use shall be governed by and construed in accordance with the laws of the state of Missouri, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Jefferson City, Missouri, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms & Conditions of Use. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. In the event any provision of these Terms & Conditions of Use is determined to be invalid, such invalid provision will not affect the validity of the remaining portions of these Terms & Conditions of Use. In that case, the parties will substitute a provision which most closely reflects the intent and economic effect of the invalid provision.
- RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
By purchasing any item produced by us, you assume responsibility to ascertain and follow all applicable international, federal, state and local laws in owning, carrying, having, shipping, transporting and using any of our products. You agree to defend, indemnify and hold harmless BTI, its affiliates, and all of their respective officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your ownership, purchase, transportation or use of any of our products in violation of applicable federal, state and local laws or regulations. We are not liable for misuse of any product purchased either directly from us or from a dealer or distributor. You must be 18 years of age to purchase our products. Our warranty may give you certain legal rights. You may have other rights, which vary in different states and municipalities.