Any use of www.brolmo.com or brolmo.com (herein referred to as "Website") and the services provided through it are subject to the following Terms of Service (herein referred to as “Terms”), as well as to Brolmo's Privacy Policy, which is incorporated by reference into these Terms. Your use of the Website and/or registering for the Services constitutes your acceptance of these Terms. The Website is property of Brolmo. (herein referred to as "Company")
BY USING THIS WEBSITE AND/OR ANY RELATED SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THE TERMS AND CONDITIONS IN THIS SECTION. IF YOU OR YOUR COMPANY DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY DISCONTINUE USING THE WEBSITE AND/OR SERVICES.
As used in this Terms and Conditions:
1) "Remotely Hosted Software" referred is a software delivery model in which software and associated data are centrally hosted on a remote server, but not on the client server. Remotely Hosted Software is accessed by users via a web browser and a client account, provided by the Company.
2) "Service" provided by the Company includes Remotely Hosted Software, together with any and all enhancements, upgrades and updates, hosting, technical support and maintenance.
USE OF THE WEBSITE
The entire content and materials published on the Website (including, but not limited to all included text, graphics, design, illustrations, images, associated media, printed materials, online documentation, code and/or software) and other matters related to and available on the Website are protected under domestic and international copyright and trademark laws and/or other proprietary (including but not limited to intellectual property) law.
No part of the Website may be modified, copied, publicly displayed, performed, reproduced, published, licensed, uploaded, posted, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without a prior written consent by the Company.
You may not use any of the pages of the Website in any way that will allow you to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
You may not use the Website or Services in any manner that could damage, disable, overburden, or impair our servers, or interfere with any other party's use and enjoyment of the Website and/or Services. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the Services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. User may not reverse look-up, trace or seek to trace any information on any other user of the Services or visitor, or exploit the Website or any information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Services or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes any proprietary or non-proprietary rights.
SERVICES
Upon registration the Company provides you with a web-based software application on a non-exclusive basis and hosted on a remote web server controlled by the Company or other third party. All files and databases are hosted on Company's servers or servers under control of the Company.
Services do not include any deployment, training or other consulting or professional services which, if applicable, will be specified in a Statement of Work. Any other services related to the Software, such as customizations or program modifications and additions, shall be pursuant to separate agreement.
REGISTRATION, REPRESENTATIONS, AND WARRANTIES AT REGISTRATION
You must register an account before being able to use the Services. By completing the registration process, you consent to enter into this agreement to use the Services. The Company accepts this offer by activating the membership for the use of Services.
You warrant and represent that all of the data provided during the registration process is accurate and complete. In the event of any changes in your data, you shall promptly make such changes known to the Company without undue delay. You shall not use pseudonyms or pen names for the purpose of creating and maintaining multiple profiles, or to engage in any illegal or prohibited activity.
You shall be solely responsible for providing and maintaining the internet access and all necessary telecommunications equipment, software and other materials, necessary for accessing the Software and using the Services. You are obliged to keep your password secret.
Each user is entitled to register only once, and the user may only establish one (1) user profile.
UPGRADING ACCOUNT
In the event of exceeding the number of permitted loads according to the chosen plan you will be asked to upgrade your membership. You can manage your membership and choose your payment method in your account section.
PROPRIETARY RIGHTS
Except the limited access rights granted upon registering and activating the Services, all right, title and interest in and to the Software (including any and all modification as a result of any implementation services rendered) are and shall remain the exclusive property of the Company.
DISCLAIMER OF WARRANTIES
The Services and all information on the Website are provided on an “as is” and “as available” basis. We do not provide warranties or representations of any kind except expressly provided above. We disclaim all representations and warranties, not expressly provided herein, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non infringement; and make no warranties that the Website, the Services and all information will be complete, accurate, uninterrupted, secure, or error free. All information on the Website may be changed without notice, except otherwise is not provided herein.
Without limiting the express warranties set forth in these Terms and Conditions, we do not warrant that the Software or the Services will meet your requirements or that the access to and use of the Software and Services will be interrupted or free of errors or omissions. We cannot and do not guarantee the privacy, security, authenticity and non-corruption of any information transmitted through, or stored in any system connected to the Internet. We will use all reasonable efforts to adequately maintain, and upgrade as necessary the Services. However, except as expressly set forth herein, we shall not be responsible for any delays, errors, failures to perform, or disruptions in the hosting services caused by or resulting form any act, omission or condition beyond our reasonable control.
LIMITATION OF LIABILITY
In no event shall the Company be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits arising out of or relating to these Terms and Conditions or the use or inability to use the Services , even if it has been advised of the possibility of such damages.
PRIVACY POLICY
Privacy Policy is incorporated herein by reference and governs all collection, storage and usage of personal data. By accepting the Terms and Conditions in this section, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
PROMOTIONAL MATERIALS
Under your registration for the Services you agree to receive emails with promotional materials.
TERMINATION
You may terminate this agreement at any time by contacting us to request deactivation. We also may terminate this agreement and Service if you refuse to upgrade your account in event of exceeding the number of permitted loads.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. The User agrees to regularly review these Terms of Use and be aware of the changes made. By continuing to use the Site after any posted revision, the User agrees to abide by it.