1. Parties: In this Agreement, we refer to The Mayle Group, LLC, which owns this website and the content contained therein as "Licensor" or "we" or "us" and we refer to you as "You" or "Your."
3. Intellectual Property: You acknowledge and agree that this Website and the contents of this Website are the property of The Mayle Group, including the text, graphics and all other content, as well as any copyright registrations, trademark registrations, trade secrets. Contract rights and patent rights that protect this Website. You agree not to copy the underlying software or other content from the Website. You agree that the content of the Website is protected by applicable copyright law. You further agree that You shall not disassemble, decipher, reconfigure, reverse engineer, decompile, alter or reproduce the contents of this Website. You further agree that You shall not develop, sell to others, license to others, offer to sell to others or offer to license to others a product that competes with the contents of this Website.
4. Purchase Options: Your options for purchasing a subscription to this Website are set forth on the Purchase Options page. The subscription You purchase through this Website is for a single person using the subscription on up to four devices. The subscription may not be shared with any other person or entity. Licensor may change its prices at any time without notification; provided, however, that the revised prices will not apply to You until Your subscription next comes up for renewal. The auto-renewal option is charged a discount from the single year subscription. The discount is only available, however, if the subscription is renewed within five (5) days of its expiration. If You chose the auto-renewal option, Your subscription fee will remain fixed for the first three years.
6. Reliance by Licensor: You represent and warrants to Licensor that the information You provide to Licensor and to BMT Micro, Incorporated is complete, accurate and correct. Licensor may rely upon the information that You provide and shall have no responsibility to make any independent inquiry or investigation regarding such information.
7. Website Accessibility, Maintenance and Resolution of Errors
(a) We will use commercially reasonable measures to keep the Website available on a 24x7x365 basis except for (i) scheduled maintenance and (ii) downtime caused by circumstances not within our control. Dates and times of scheduled maintenance will be posted on the Website. If you request it, we will provide You with a pro-rata refund of Your subscription fee for the time the Website was not available if it is not available for more than one consecutive week.
(b) From time to time, we may update the Website to correct various things that we determine to be Errors. You will have access to those updates as soon as we load them on to the Website and make them generally available.
(b) "Error", as that term is used in these terms and conditions, means that when You are using a function on the Website to calculate a result and have accessed the Website using one of the Preferred Browsers (as that term is defined below), the calculation is not performed in a manner consistent with the explanation provided for that function on the Website. It further includes errors in the content of the book that you access on the Website. It further includes such other reported issues that Licensor deems to be an Error.
(c) "Preferred Browser", as used herein, means one of the following web browsers: Google Chrome, Microsoft Edge, Apple Safari, or Mozilla Firefox, any in a version not more than one year since its release. We also support most other browsers but we limit our responsibility for correcting Errors to errors that occur when using one of our Preferred Browsers.
(d) If You find what You believe to be an Error, please use the Ask a Question side tab on the Website or email support at email@example.com to contact us and provide us with as much detail as You can regarding what You perceive to be an Error, including, at a minimum, (i) the function You were using; (ii) the data that You used in the function; (iii) the result You received and (iv) a brief explanation as to why You believe the result was an Error. If the Error in question is a mistake in the content of the book, please provide the precise page of the Website or other identifying information as to the location of the Error in question as well as why you believe it to be an Error. When receiving such reports, we will first attempt to duplicate the Error. If we are unable to do so, we may contact You and request additional information. Once we are able to duplicate the Error, we will determine whether the problem is with the calculation or with the explanation of the calculation. If it is the calculation, we will promptly fix the Error and update the Website to include the fix. If it is the explanation or the content of the book, we will provide a corrected explanation on the Website or corrected content for the book. If we are unable to fix the Error within thirty (30) business days of the date on which we are first able to duplicate the Error, You will be entitled to stop using the Website and receive a prorated refund of Your subscription fee for the remainder of the current term of Your subscription. If You opt to request the prorated refund, Your access to the Website will be terminated. If we are unable to duplicate Your reported Error, we will have no further obligation to You with regard to the Error until You are able to provide additional information regarding the Error to enable us to duplicate the Error and continue our investigation.
(e) You understand and agree that it is Your obligation to verify the calculations that are performed on this Website and the formulas that are described and used on the Website before relying on them.
(f) If You get an Error while using a browser other than one of the Preferred Browsers, please try using one of the Preferred Browsers before contacting us.
(g) Access to the Website requires internet service. Your lack of internet service is not a cause for a refund.
8. Limited Warranty: Licensor warrants that it will correct those Errors that are brought to its attention by You or another customer and that Licensor is able to confirm are indeed Errors as described in the prior paragraph. Your sole recourse if Licensor is unable to correct a confirmed Error is as set forth in the prior paragraph. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, LICENSOR HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT).
9. Limitation of Liability: LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF INCOME, ARISING OUT OF THESE TERMS AND CONDITIONS OR THE USE OF THE WEBSITE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS TO THE CONTRARY, LICENSOR'S LIABILITY TO YOU FOR ACTUAL DIRECT DAMAGES ARISING OUT OF THE USE OF THIS WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR YOUR CURRENT SUBSCRIPTION TO THE WEBSITE.
10. Indemnification: In addition to all other rights and remedies available to Licensor at law or in equity, You assume the entire responsibility and liability for and agree to indemnify, defend and hold harmless Licensor, its officers, agents, employees, subcontractors, successors and assigns from and against any and all losses, expenses (including, without limitation, attorneys' fees, other professionals' fees and court costs), costs, damages (including, without limitation, consequential, exemplary and special damages), lost profits, demands, liabilities, suits and claims in connection with or arising, directly or indirectly, out of: (a) a breach of these Terms and Conditions by You; and/or (b) any act, error or omission, whether negligent or not, of You, Your agents or any other person acting under Your direction or control, including, without limitation, any actual or alleged personal injury (including, without limitation, death) or damage or destruction to Your property or the property of third parties (including, without limitation, loss of use).
11. Force Majeure: Licensor will be excused from any delay or failure in its performance of its obligations under this Agreement where the delay or failure is due, in whole or in part, directly or indirectly, to a cause beyond Licensor's reasonable control including, without limitation, labor difficulties, riots, fire, weather, pandemic or other health/medical emergency, casualty, accidents, acts of God, acts of terrorism, civil disorder, war, shortage of labor or materials or governmental regulation, order, acts or restrictions. Upon any of the above events, Licensor will have the additional right to extend the time to make the Website available again, correct Errors or to otherwise fulfill its obligations under this Agreement or to cancel the subscription without any resulting liability to You.
12. Assignment: You shall not assign, delegate or otherwise transfer any of its rights or obligations under these Terms and Conditions without the prior written approval of Licensor. Any such assignment, delegation or transfer without Licensor's prior written consent shall be void. Licensor may assign, delegate, or transfer any and all of its rights and obligations under these Terms and Conditions at any time without Your consent.
13. Severability: If one or more of the provisions of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such provision shall be modified or amended to the extent necessary to remove the invalidity, illegality, or unenforceability. If the amendment or modification of such provision is impossible, these Terms and Conditions shall be construed as if they never contained the invalid, illegal, or unenforceable provision, and such provision shall not affect any other provision of these Terms and Conditions.
14. Governing Law: Jurisdiction These Terms and Conditions shall be construed and enforced in accordance with the substantive and procedural laws of the State of New Jersey, without regard to principles of conflicts of law, and without regard to rules of construction relating to which party drafted these Terms and Conditions. Venue and jurisdiction shall exclusively be in the Superior Court of New Jersey, Somerset County.
15. Notice: Except as otherwise specified elsewhere in this Agreement, notices to Licensor may be given by using the Ask a Question side tab on the home page of the Website or by mailing us at The Mayle Group, PO Box 689 Peapack NJ 07977 or by emailing us at "firstname.lastname@example.org and notices to You may be given at the e-mail address You provide to us when registering or the physical address that You provide when paying for a subscription.
16. Waiver: No claim or right arising out of a breach of these Terms and Conditions by You may be discharged in whole or in part by a waiver of the claim or right, unless the waiver is in writing signed by an authorized representative of Licensor. Licensor's waiver or acceptance of any breach by You of any provisions of these Terms and Conditions shall not constitute a waiver of or an excuse for nonperformance as to any other provision nor as to any prior or subsequent breach of the same provision.
3. Information Collected by the Website: We collect two types of information from users of the Website: personal information described below; and non-personal information such as information about traffic patterns on the Website.
5. How We Use Your Personal Information: We use the information collected on the Website and that we obtain for a variety of purposes, including, but not limited to, running the Website, and providing You with updates with regard to the subscription service. We may use Your information to communicate back to You, to update the Website, make corrections to the Website and send You information on our related products or services that we offer. We may also contact You as part of market research with respect to the subscription service available through the Website or related services or products that we are considering offering You on products, services and benefits, to personalize the Website for You, to contact You for market research or to provide You with marketing information, newsletters, and other information we think would be of particular interest. We will continue to retain the information we collect at least as long as You continue to renew Your subscription, unless You have made a specific request that we remove the information. At this time, we intend to continue to retain the information we collect thereafter unless You submit a specific request that we delete such information. We will honor such a request so long as You are not still a subscriber and provided that we are not required to maintain such information to comply with applicable law or regulations or with applicable contracts with third parties that require us to maintain our ability to prove that we rendered services to You in the event that payment for such services is challenged. Note that BMT Micro, Inc. has its own policy for retention of the payment information that You provide it. You can access that policy at bmtmicro.com. We will also use or disclose Your personal information to comply with legal process, enforce this Agreement, respond to claims with regard to the Website, respond to Your requests made by email or Ask a Question and/or to protect the rights and property of Licensor.
6. Opt Out Procedures: You may opt out of receiving communications from us (except with regard to the subscription) by contacting us via "Ask a Question." We generally give You the opportunity to opt out of receiving such materials. You may also request that we remove all personally identifiable information concerning You. We will generally honor that request so long as You have not terminated or failed to renew Your subscription. We will still retain non-personally identifiable information such as aggregate information regarding what web pages were visited and what browsers are used. We also retain such information as is required by law or by contract with our service providers. For example, credit card companies currently require that we maintain information on Your payments and what You received for Your payments for seven years. While we do not have Your credit card or other payment information, we will have and retain information on the services provided to You to satisfy that part of the requirement.
7. Reviewing or Changing Your Information: In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If You would like to change Your information currently in our database, please log in and click on the Settings tab to access Your information and change information such as password. Use the ask a Question link or email us at email@example.com if you have a problem using the Settings tab.
8. Sharing of Your Information: We have no current plans to share Your personally identifiable information with anyone other than possibly BMT Micro. From time to time, we might share information with BMT Micro so that we both have the same up to date information with regard to subscribers. Such sharing will not include payment information. We will share information when compelled to do so by an governmental or court order or similar process (e.g. subpoena). In the future, we may offer discounts to members of trade groups or other affiliated groups. Should we do so, we will maintain such information as is required to establish your eligibility for such discount and we may share that information with the group to verify your eligibility for the discount or to support any payment we might make to such group.
10. Security: Providing a secure site is essential and we take commercially reasonable measures to ensure that information You submit while using Your subscription will not be hacked by someone accessing it through our Website or systems. All information is stored on our servers in a secure location. It is important for You to protect against unauthorized access to Your password and to Your computer. If Your password is compromised, notify us at once at firstname.lastname@example.org.
11. Children's Online Privacy Protection Policy: The Website ia not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Website. If You are concerned that personal information may have been inadvertently provided to or collected by us, please contact us immediately by e-mail at email@example.com or by using the Ask a Question side tab so that we may appropriate steps to remove such information from our database.
12. Privacy Precaution Warning: Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that You transmit.
13. Your Consent: By using the Website, and by providing Your personal information to us, You also authorize the storage and use of Your personal information as specified herein.
15. State Privacy Laws: Under various state privacy laws, You may be entitled to request a copy of any information that Licensor has collected from You including but not limited to personal information. Such requests and any other requests pursuant to this paragraph should be submitted to firstname.lastname@example.org or to The Mayle Group at PO Box 689 Peapack NJ 07977. For sensitive information, we may respond indicating only the last 4 digits or some other identifier for information rather than the complete information. You may also be entitled to request that we delete part or all of such information. We may take reasonable steps to verify Your identity before honoring such a request. You may also be entitled to request that we not share information concerning You with third parties. We may take reasonable steps to verify Your identity before honoring such a request. If You request that we delete information that we need to make the subscription available to You, we will first confirm that request with You and alert You to the effect it will have, and then will remove the information and terminate Your subscription.