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Last Updated April 10, 2006.
Acceptance of Terms
BTE Corporation ("BTE") provides you services which are subject to
the following Terms of Service ("TOS") agreement. BTE reserves the
right to update the TOS at any time without notice to you. The most recent
version of the TOS can be viewed by clicking on the Terms
of Service link located at the bottom of BTE Web pages, or by going to http://www.btecentral.com/terms_of_service.htm.
Description of Services
Through these web pages BTE provides the following services (collectively
"Services"):
- Access to NTMC User Guide, used primarily by BTE customers
who use NTMC software ("NTMC Operators")
- Access to NTMC master controller via the internet, used by
NTMC Operators and their customers
- Dispatching of electronic mail and SMS messages by NTMC
master controller, notifying NTMC Operators and their
customers of important events on the system monitored by NTMC
- Access to technical and promotional information about BTE products and
services to all interested parties
You understand and agree that the Services may include
advertisements. Unless explicitly stated otherwise, any new features that
augment or enhance the current Services shall be subject to the TOS. You also
understand and agree that the Services are provided "AS-IS" and that
BTE assumes no responsibility for their proper functioning, including timeliness
and accuracy of disseminated information. If you are interested in connecting to
NTMC via the internet, or if you are interested in receiving
electronic mail and / or SMS messages generated by NTMC, you must obtain your access account from
your NTMC Operator. Access to that account may involve third party
fees (such as NTMC Operator charges, and Internet service provider
charges). You are responsible for those fees, including fees associated with the
display or delivery of any future advertisements. You must provide and are
responsible for all equipment necessary to access the Services.
Interactions with Advertisers
Your interactions with advertisers found on or through the Services,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and those advertisers. You agree that BTE shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such interactions or as the result of the presence of such advertisers on
the Services.
Links
The Services may provide, directly or via the advertisers, links to other
sites or resources. Since BTE has no control over such sites and resources, you
acknowledge and agree that BTE is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
BTE shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such
site or resource.
NTMC Access Accounts and Security
To connect to NTMC via the internet you must obtain your access
account from your NTMC Operator. You are responsible for
maintaining the confidentiality of the password and your account. You are also
responsible for all activities that occur under your access account. You agree
to
- immediately notify your NTMC Operator of any unauthorized use
of your account or any other breach of security, and
- log-off and exit from your account at the end of each session. BTE and
your NTMC Operator will not be liable for any loss or damage
arising from your failure to comply with this rule.
Protection of Information
See the Privacy Statement regarding
collection and use of your information.
Indemnity
You agree to indemnify and hold BTE and its customers, affiliates, officers,
representatives, or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Services, your violation of the TOS, or
your violation of any rights of another.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
- THE SERVICE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. YOUR USE
OF THE SERVICES IS AT YOUR OWN RISK. BTE 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.
- BTE MAKES NO WARRANTY THAT
- THE SERVICES WILL MEET YOUR REQUIREMENTS,
- THE SERVICES WILL BE UNINTERRUPTED OR TIMELY, OR SECURE,
- THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR
RELIABLE,
- ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- NO INFORMATION OBTAINED BY YOU FROM BTE OR THROUGH THE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
-
IN
NO EVENT SHALL BTE BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT
LIMITED TO CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY IN TORT
OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), EVEN IF
BTE HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
-
BTE
shall
under no circumstances be liable for damages arising out of any claim
(including, but not limited to, a claim for personal injury or property
damage) made against user of the Services by any other person or party
arising out of user's activities.
Questions Regarding TOS
You can contact BTE by clicking on the Contact Us
link at the bottom of BTE web pages. You can also contact your NTMC
Operator.
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