The following are the terms and conditions (the “Terms”) for the use of the Broadscope Partners web site (the “Site”), Broadscope Partners, and related material.
With each visit to the Site you signify your agreement of these Terms.
These Terms were last modified on February 13, 2017.
Broadscope Partners Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by Broadscope Partners or the Site, including any portion thereof. Broadscope Partners Services is defined as any Broadscope Partners service. If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or Broadscope Partners Material.
2. Use of Broadscope Partners Material and Broadscope Partners Services
You agree not to use any Broadscope Partners Material and Broadscope Partners Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.
Subject to these Terms, if you are evaluating the Site strictly as a potential customer or to participate in our affiliate program, you are granted a license to evaluate the Site for that purpose only.
3. Legal Advice, Information and Decision Making Responsibility
Broadscope Partners is not a law firm and does not provide Legal Advice (as defined below). Your use of Broadscope Partners Material or any Broadscope Partners Services does not create a solicitor-client relationship between you and Broadscope Partners. You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it. You agree that Broadscope Partners does not provide Legal Advice. If you receive any communication from Broadscope Partners, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by Broadscope Partners and you agree to immediately delete and disregard it. Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of Broadscope Partners Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any Broadscope Partners Material.
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Broadscope Partners Material nor will you utilize Broadscope Partners Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
You agree to only use Broadscope Partners Material and the Site as a customer. The EULA document may be distributed on the internet without time limit by licensed Broadscope Partners customers as part of a materially non-legal package adding significant value.
The rights granted under these Terms are granted to you only.
Broadscope Partners retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or Broadscope Partners Material or Broadscope Partners Services at its discretion.
This agreement cannot be assigned.
6. Intellectual Property
All copyright, trade marks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of Broadscope Partners Material belong to Broadscope Partners and its suppliers. Broadscope Partners reserves all of its rights in the Broadscope Partners Material. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by Broadscope Partners or any other third party except as expressly provided in these Terms.
In addition, Broadscope Partners Material, contains information and intellectual property that is selected and organized by Broadscope Partners and represents significant work made by Broadscope Partners . Nothing in the Terms should be construed as granting any license or right to use any Broadscope Partners Material or intellectual property displayed or used in any Broadscope Partners Material except as expressly provided in the Terms.
You agree to the following:
a. the Broadscope Partners Material is the property of Broadscope Partners and its suppliers;
b. you will not use the Broadscope Partners Material for any purpose other than is expressly permitted in these Terms;
c. you will not distribute in any medium any Broadscope Partners Material without Broadscope Partners’s prior written authorization or as expressly provided these Terms.
d. any distribution or past distribution of any Broadscope Partners Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses Broadscope Partners Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
e. Broadscope Partners shall have the right to represent its suppliers in any dispute.
7. LIMITED WARRANTIES
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Broadscope Partners Material and Broadscope Partners Services are provided “as is” without any kind of warranty.
You accept full responsibility for determining whether Broadscope Partners Material and Broadscope Partners Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in these Terms, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Broadscope Partners Material and Broadscope Partners Services, or for inaccessibility of Broadscope Partners Material and Broadscope Partners Services whether from errors or omissions in the content of Broadscope Partners Material and Broadscope Partners Services or any other linked sites or for any other reason. Use of Broadscope Partners Material and Broadscope Partners Services is at your own risk.
Broadscope Partners does not represent or warrant that Broadscope Partners Material, the Site or any linked sites are free of any harmful materials.
8. Maximum Liability
Except as expressly provided in these Terms, the maximum liability of Broadscope Partners is the amount paid to Broadscope Partners by the customer. The maximum liability of Broadscope Partners for any Broadscope Partners Services is the portion of the amount paid to Broadscope Partners by the customer specifically for the Broadscope Partners Services as calculated by Broadscope Partners.
9. Guarantees and Refunds
All guarantees are subject to any limitations specified in any Broadscope Partners Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a product, it must be explicitly promoted in Broadscope Partners Material for that product at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from Broadscope Partners, they waive their right to any additional claims against Broadscope Partners regarding any Guarantee unless otherwise agreed to in writing. Broadscope Partners has no obligation to refund one time purchases.
The following additional restrictions apply to the Guarantees payments for mistakes:
a. The mistake must be a direct result of Broascope Partners services;
b. The customer was the first person to mention that mistake for that Guarantee category;
c. Guarantees only apply to Broadscope Partners mistakes, not to customer mistakes;
d. We are only required to pay a customer once for a mistake no matter how many mistakes they may bring to our attention.
A. Other Guarantees and Refunds
Our maximum liability for any Quality Guarantees specified on the Site is $100 in the currency of the product. Other guarantees and refund commitments specified in Broadscope Partners Material are subject to a maximum of the amount paid by the customer and are subject to a claim being submitted within 30 days of purchase.
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting Broadscope Partners Material should it be deemed that any Broadscope Partners Material is legally relevant to this Agreement under law.
You agree to indemnify and hold Broadscope Partners, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or Broadscope Partners Material or Broadscope Partners Services.
13. Governing Law
The Terms are governed by the laws of the Texas.
14. Binding Arbitration
Subject to exceptions specified herein, if you and Broadscope Partners are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, Broadscope Partners will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the city of Dallas, TX.
The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys’ fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
Exceptions to the use of binding arbitration are as follows: Broadscope Partners may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.
15. Class Action Waiver
You will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
16. Modification of the Terms
Except that you must be informed in a reasonable manner regarding any pricing increase, Broadscope Partners may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorized Broadscope Partners officer.
If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
No failure or delay, on the part of Broadscope Partners, in exercising any right or power under these Terms will operate as a waiver of such right or power.
19. Whole Agreement
Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the Site, the Site’s Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and Broadscope Partners. notwithstanding any:
a. Broadscope Partners Material other than this Agreement,
b. communication between you and Broadscope Partners, including telephone, email and online chat assistance, or
c. announcements, newsletters or promotional materials from Broadscope Partners.