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| Terms and Conditions
1. ACCEPTANCE OF TERMS Before using ITBMS Site, please carefully read this agreement relating to your use of ITBMS Site. By using ITBMS Site, you agree to be Use of ITBM Site constitutes full acceptance of and agreement to the Terms; if a user does not accept ITBM's Terms, he or she is not ITBMS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all ITBMS Sites (or any part thereof). ITBMS shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein. 2. NO UNLAWFUL OR PROHIBITED USE 3. DESCRIPTION OF SERVICE. 4. REGISTRATION OBLIGATIONS 5. CONTENT ITBMS reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, ITBMS shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. ITBMS, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by ITBMS to protect the rights, property, or personal safety of ITBMS Site’s users and the public. ITBMS does not control the Content posted to the ITBMS Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ITBMS be liable in anyway for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the ITBMS Site. Each user, by using ITBMS Site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 6. NO RESALE OF SERVICE 7. GENERAL PRACTICES REGARDING USE AND STORAGE 8. TERMINATION ITBMS termination of any user's access to any or all ITBMS Sites may be effected without notice and, on such termination, ITBMS may immediately deactivate or delete user's account and/or bar any further access to such files. ITBMS shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. ITBMS reserves the right to delete, or not delete, a user's account at ITBMS’s sole discretion, as well as to delete, or not delete, content at ITBMS’s sole discretion. 9. LINKS Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. 10. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY EACH USER'S USE OF THE ITBMS SITES IS AT HIS OR HER SOLE RISK. THE ITBMS SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ITBMS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ITBMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, ITBMS MAKES NO WARRANTY THAT (i) THE ITBMS SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF ITBMS'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ITBMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ITBMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY ITBMS SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ITBMS SITES; OR ANY OTHER MATTER RELATING TO THE ITBMS SITES. IN NO EVENT SHALL ITBMS'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN ITBMS AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, ITBMS DOES NOT AND CANNOT CONTROL THE ACTIONS OF ITBMS SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO ITBMS SITES. OPERATION OF ITBMS SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY ITBMS. 12. COPYRIGHTS (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit ITBMS to locate the material, including the full URL. (4) your name, address, telephone number, and email address. (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. If ITBMS receives such a claim, ITBMS reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 8. After receiving a claim of infringement, ITBMS will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, ITBMS will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ITBMS will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material. Upon receipt of a proper counter notification under the DMCA, ITBMS will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or ceasedisabling access to it in ten (10) to fourteen (14) business days. Additionally, ITBMS will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless ITBMS's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the ITBMS system or network. You may provide us with a counter notification by providing our copyright agent the following information in writing: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; 13. GENERAL INFORMATION 14. VIOLATIONS |
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