PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS EXCLUSIONS AND LIMITATIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Terms & Conditions
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE SITE (HTTP://WWW.BUYERSHOWROOM.COM) OR ANY OF THE PRODUCTS OR SERVICES AVAILABLE ON THE SITE (COLLECTIVELY KNOWN AS THE "SITE") OF TECHNICAL ADVANCEMENT, INC. ("TAI"), AND ARE LEGALLY BINDING. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW, INCLUDING ANY MODIFICATIONS THAT WE MAY MAKE. WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE BY POSTING REVISED TERMS.
The Site may be subject to additional posted conditions. Your use of the Site is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
TAI has the right, but not the obligation, to take any of the following actions in our discretion without any prior notice for any reason and at any time:
Discontinue, suspend, or change all or any part of the Site;
Remove, or move any submitted material to the Site for any reason;
Terminate, suspend, or restrict your access to any part of the Site;
Refuse, move, or remove content that is available on the Site;
Establish limits and general practices concerning the use of the Site.
You agree that TAI will not be held liable to any third party including yourself for taking these actions.
You agree and understand that the Site may include communications such as administrative messages and service announcements from our partners or us and that all of these communications are considered part of the Site. You also agree to and acknowledge that the Site may include advertisements.
Site Content
The Site includes a combination of content that we have created, that our partners have created. All materials on the Site, including, but not limited to, written content, images, photographs, graphics, flash animation, logos, illustrations, and video clips are the proprietary property of the Company, its users or its licensors with all rights reserved. You may not modify, transmit, publish, transfer, reproduce, create derivative works of, distribute, publicly display, or in any way exploit any of the content or materials on the Site in part or whole.
Nothing contained within the BUYERSHOWROOM Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use this site or any content displayed on this site, through the use of or otherwise, except with the prior written permission of BUYERSHOWROOM or as expressly permitted by these Terms and Conditions or such third party that may own material or copyrights displayed on this web site.
The Site contains content that we create as well as material provided by third parties. This information includes, among other things, products, product pricing, and reviews. It also includes content about products and services offered by parties other than TAI, such as product descriptions, press releases, specifications, pricing, and availability. We do not guarantee the integrity, the accuracy, or the quality of the content on the Site; you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user sections of the Site.
You may be exposed to content that you find objectionable or offensive, indecent, or inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any information in our sole discretion which violate these Terms or that may be otherwise objectionable.
Published Content on the Site
You are responsible solely for the photos, profiles, contents, comments, text, information, advertisements, listings, and other content that you upload, display or publish (hereinafter, "post") through the Service or Site, or transmit to or share with other users (collectively "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may remove (without notice) any Site or User Content in its sole discretion, for any reason, including User Content that in the sole judgment of the Company violates this Agreement or the BUYERSHOWROOM Code of Conduct or which might be illegal, offensive, or that might violate the rights, or threaten the safety of others. You are solely responsible at your sole expense for creating backup copies and replacing any User Content you post provide or store on the Site.
When you upload or post User Content, you authorize us to make such copies thereof as we deem necessary to facilitate the storage and posting of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in part or whole) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. BUYERSHOWROOM does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property associated with your User Content.
Copyrights and Trademarks
BUYERSHOWROOM and other Company graphics, page headers, button icons, scripts, logos, and designs are registered trademarks, trade dress or Company trademarks in the U.S. and/or other countries. Company's trade dress and trademarks may not be used, including as part of trademarks or as part of domain names, in connection with any service or product in any manner which may cause confusion and must not be copied, imitated, or used, in part or whole, without the prior written permission of the Company.
Trademarks and Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the BUYERSHOWROOM website any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement at info@Buyershowroom.com, we promptly remove and disable access to the allegedly infringing material and terminate the accounts as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you control or own, you may send a written notification to a company representative.
Other Internet Sites
The Site contains links to other web sites owned by third parties. Your use of each of those sites is subject to the conditions that those sites have posted. TAI has no control over sites that are not ours, and hold no responsible for any changes or content on them. Our inclusion on our site of any third-party content or links to third-party sites is not an endorsement of that third-party site or its content.
TAI does not sell, or license any of the products listed, or advertised on the Site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery, are solely between you and that third party. You agree that TAI will not be responsible or liable for any loss or damage incurred as the result of any of your dealings with third parties. Any claims, complaints, or questions related to any service or product should be directed to the appropriate vendor.
Any information that TAI collects from you is subject to our privacy policy.
Your conduct on the Site
If TAI requests registration information from you, you will provide us with true, accurate, current, and complete information. You will update your registration to keep it accurate, and complete. If TAI issues or you create a password, you may not disclose it to anyone, you also agree not use anyone else's password. You are responsible for maintaining the confidentiality of your password and all accounts. You agree to immediately notify TAI of any unauthorized use of your accounts or passwords or any breach of security. You also agree to log off (exit) from your accounts at the end of each session. TAI will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying the Site is the property of TAI, our partners and our affiliates. You agree not to copy, modify, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the software or technology underlying the Site. You agree not to modify the software underlying the Site in any manner or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
You agree that you will not use the Site to take any of the following actions:
Upload, post, e-mail, distribute, or disseminate ("Transmit") any inappropriate, profane, obscene, indecent, or unlawful content;
Abuse, harass or otherwise violate the legal right of others;
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect another person's computer, the Site.
Transmit spam, pyramid schemes, surveys, contests, unsolicited advertising/ promotional materials;
Inhibit or restrict any other user from using the Site;
Collect personal information about other users;
Interfere or disrupt the Site, our servers, or our networks;
Impersonate another person or entity, including, but not limited to, a TAI representative, or falsely misrepresent your affiliation with a person or entity;
Manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
Create any action that imposes an unreasonably or disproportionately large load on our infrastructure;
Engage in any illegal activities.
You agree to use our message or communication facilities only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Site, deny you access to the Site, or any combination of these options. Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by TAI for use in accessing the Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, except those automated means that TAI has approved in advance and in writing.
Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to the use of the Site.
Requests to remove certain content from the Site
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please send an email to Info@Buyershowroom.com.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, TAI has adopted a policy of terminating, in appropriate circumstances at our sole discretion. We may also limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others.
Indemnification
You hereby agree to defend, indemnify and hold TAI and all of our officers, directors, owners, employees, agents, affiliates, and partners (collectively, the "TAI Parties") harmless from and against any liability, losses, costs, and expenses (including attorneys' fees) incurred by any TAI Party in connection with any claim, including, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; your use of the Site or connection to the Site;
The content, the quality, or the performance of content that you submit to the Site;
Your violation of these Terms;
Your violation of the rights of any other person; or entity.
TAI reserves the right, at our expense, to assume the exclusive control and defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Disclaimers
TAI disclaims any responsibility for the deletion, the failure to store, the failure to deliver, or the untimely delivery of any information or material. TAI disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from the Site.
TAI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER TAI NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Miscellaneous
TAI may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. If you do not provide us with accurate information, TAI cannot be held liable if we fail to notify you.
If we fail to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such provision or right.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and TAI and govern your use of the Site, superseding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of New York, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Nanuet, New York if seeking interim or preliminary relief or enforcement of an arbitration award.
Arbitration
TAI may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Nanuet, New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or TAI may seek any interim or preliminary relief from a court of competent jurisdiction in Nanuet, New York, necessary to protect the rights or the property of you or TAI (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to TAI are non-confidential and shall become the sole property of TAI. TAI shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.