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Bi-Tron Marketing (N.A.)
Ltd, Inc. ("Bi-Tron")
operates the Bi-Tron web site on the World Wide Web of the Internet
(address: http://www.Bi-Tronglobal.com) (the "Site"). We are pleased
that you are signing up to take advantage of all that Bi-Tron has to
offer. As with any online service, we must establish some basic
rules regarding the use of our site and participation in our
program.
The Bi-Tron Member
Agreement sets forth the terms and conditions of your Bi-Tron
membership. As a condition of membership, you must accept the
agreement in its entirety; therefore, we encourage you to carefully
review and familiarize yourself with it. In addition, you should
review the agreement from time to time for any important changes.
The current version of the Bi-Tron Member Agreement will always be
available on the Bi-Tron web site.
Bi-Tron
MEMBER AGREEMENT
Terms of service Bi-Tron and all of its services (the "Service") are
governed under this member agreement (the "Agreement").
You must open a Bi-Tron account to participate in this Service. In
order to open a Bi-Tron account, you must complete a membership
application form, then read and agree to the terms and conditions of
the Agreement. Any person that signs up for the Service and agrees
to abide by the terms of the Agreement is referred to herein as a
"Member."
Bi-Tron reserves the right, at any time, to:
(i)
Change
the terms of this Agreement,
(ii)
Change or
discontinue the Service, whether temporarily or permanently,
including any content or feature of the Service, restricting the
hours of availability or limiting the amount of use permitted by the
Member, or
(iii)
Change
any fees or charges for use of the Service, including instituting
new fees or charges for the use of the Service or any feature
thereof.
Notice of any changes
to this Agreement will be posted on the Site. Members will be given
a minimum of thirty (30) days notice prior to any fees or charges
becoming effective. All other changes shall be effective immediately
upon notice. Bi-Tron is not responsible if you do not receive notice
of such changes to the Service. Any use of the Service under a
Member's Account after such notice shall be deemed to constitute
acceptance by the Member of the changes.
You must completely and
accurately fill out the membership application to become a Member.
Each person may establish and maintain only one Bi-Tron account.
Bi-Tron reserves the right to terminate any accounts, resulting in
the potential loss of accumulated commissions, even if such accounts
are opened under unique e-mail addresses.
Bi-Tron reserves the
right to terminate any account containing untruthful information and
to prosecute individuals who deliberately provide false information
in order to take advantage of the Service.
Members agree to
promptly notify Bi-Tron of any change in member's address (mail or
e-mail) or personal profile by updating his or her personal
information at the Personal Profile section of the member's area
site. Upon submission of a completed application and acceptance of
the terms of the Agreement, you will be sent a password to activate
your account. Your password is personal to you; you may not allow
anyone else to use your password and you may not use anyone else's
password. You are responsible for keeping your password secret and
changing in it to a password of your choice. Bi-Tron will not be
liable for losses that are incurred through the use of your password
by a third party.
You agree to let
Bi-Tron
know of any unauthorized use of your password, account, list created
under your account, or any other suspected breach of security.
Membership is open to individuals that are of adult legal age
pertaining to each country.
There are no
restrictions on country of origin to enroll into the program.
Individuals and business entities worldwide can join as members,
provided however, that they comply with local regulations.
All members are
responsible for complying with local regulations and Bi-Tron assumes
no liability in this respect.
Bi-Tron reserves the right to limit program enrollment at any time.
Bi-Tron reserves the
right to transfer the membership agreement to a subsidiary of
Bi-Tron.
In this case members would be served by such subsidiary. All Bi-Tron
subsidiaries will comply with local regulations, so the availability
of services in any international locations may vary from those
offered in the United States or other countries. Members will be
notified at least 30 days prior to the transfer of their membership
to a Bi-Tron subsidiary.
Bi-Tron reserves the
right to cancel any membership if that member has been inactive for
a period of 12 consecutive months. "Inactive" shall be defined as
lack of one of the following: Suspended account; Cancelled account.
Bi-Tron reserves the
right to terminate membership without any further obligation to the
Member in cases of abuse of Service rules and to take legal action
in all such cases, including falsifying information or referrals, or
if Member appears to be using the service in a manner inconsistent
with this Agreement or the intent of the Service or any portion
thereof, or who acts in a manner inconsistent with applicable laws,
statutes or ordinances or if you use, or attempt to use, any part of
the Service or the presentations for other purposes including, but
not limited to, tampering, hacking, spoofing, using robots or
scripts, copying, distributing, modifying, or otherwise corrupting
the administration, security, or proper function of any part of the
Service.
In the event of
termination by Bi-Tron, all commissions accumulated by member will be
lost. Bi-Tron shall determine, in its sole discretion, all cases of
suspected abuse or violation of its rules and any decision it makes
relating to the termination of membership shall be final and
binding.
Members may terminate their membership at any time.
Signing a Member Agreement does not make the applicant an employee
of Bi-Tron. The applicant will be operating his / her own business
and will have complete freedom in determining the number of hours
that he / she will devote to that business. Members will not be
covered by any federal or state unemployment or worker compensation
laws.
To enhance the value of
the Service to its members, Bi-Tron may on occasion share selected
personal information with third parties for the limited purposes of
data verification and supplementation or to contractors engaged by
Bi-Tron for software development or any other outsourced service as
may be deemed appropriate by Bi-Tron. Such third parties shall be
strictly bound by the terms set forth in the Bi-Tron Privacy Policy.
Such third parties will agree to maintain the confidentiality and
protection of your personal information at all times during and
providing services.
Prohibited Conduct
Members agree not to use Bi-Tron service to transmit, disseminate or
upload:
(1)
Unlawful,
harassing, libellous, tortuous, abusive, threatening or obscene
communications of any kind; or materials which infringe or violate
any third party's copyright, trademark, trade secret, privacy or
other proprietary or property right, or that could constitute
criminal offence, give rise to civil liability or otherwise violate
any applicable law or regulation; or that are otherwise
objectionable, including without limitation, content that contains
blatant bigotry, racism, or hatred, or that promoted illegal
activities or physical harm against anyone;
(2)
Spam,
chain letters, junk mail, or any other type of unsolicited mass
email to people or entities who have not agreed to be part of such
mailings;
(3)
Viruses
or other harmful, disruptive or destructive files. Member further
agrees:
(a)
Not to
disrupt or interfere with another member's use or enjoyment of the
Service
(b)
Not to
attempt using another person's or entity's account, service or
system without authorization from the owner, nor disrupting or
interfering with the security of, or otherwise abuse the Service;
(c)
Not to
attempt to obtain unauthorized access to the Service, or to private
lists on the service.
MEMBER AGREES:
(1)
To be
solely responsible for its actions in relation to the Service, and
for any communications transmitted under its account and
(2)
Not to
forge header or address information or otherwise impersonate anther
or create a false identity
(3)
Not to
systematically extract, collect or harvest, through electronic means
or otherwise, any data or fields, including without limitation,
lists, list owner identities, or email addresses, from this site;
(4)
To comply
with all laws relating to the transmission of technical data or
software exported
(5)
To comply
with all applicable local, state, national, and international laws
and regulations, including without limitation those related to
privacy and data collection.
Members agree that
Bi-Tron may in its sole discretion remove any material that appears
to violate any of the foregoing, and that it may immediately limit
or terminate your account or access if it appears that Member has
violated these provisions.
Bi-Tron also reserves
the right to terminate membership and all accumulated commissions if
it suspects that Member has created direct or indirect referrals
fraudulently.
DISCLAIMER OF WARRANTIES
Member expressly agrees
that use of the Service is at the member's sole risk. The Service is
provided on a strictly "as is" and "available" basis.
Bi-Tron MAKES NO
WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED
BY MEMBERS THROUGH THE SERVICE OR THROUGH SERVICE ADVERTISERS OR
PARTNERS; THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS; OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES
Bi-Tron MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE.
You understand and
agree that any material and/or data downloaded or otherwise obtained
through or from the Service is at your own discretion and risk, and
that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such
material and/or data.
The Service shall not
be liable or responsible for those guarantees, warranties and
representations, if any, offered by Service advertisers, partners,
vendors, manufacturers of merchandise or suppliers of services. No
advice or information, whether written or oral, obtained by Member
from Bi-Tron or through the Service shall create any warranty not
expressly made herein. Bi-Tron utilizes encryption software in order
to maintain the security and confidentiality of your personal
account information.
Notwithstanding these
precautions, however, there are certain conditions that exist on the
Internet generally which are outside Bi-Tron's control and could
result in a breach of security.
Accordingly, Bi-Tron
cannot guarantee that your confidential information will be free
from corruption or piracy. You hereby expressly waive any claim
against Bi-Tron arising out of the loss of data through corruption,
piracy, breach of security or for any other reason.
Participation in
promotions of advertisers, partners and vendors.
Member's correspondence
with or participation in promotions of the Service advertisers,
partners and vendors are solely between corresponding Member and the
advertiser, partner or vendor.
Bi-Tron assumes no
liability, obligation or responsibility for any part of any such
correspondence or promotion. You are never required to release your
personal account information to a Sponsor or any third party; it is
optional and strictly up to you. However, if you do release your
personal information to a Sponsor or other third party, Bi-Tron will
not be responsible for any adverse consequences that may result
there from.
PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that the Service content (including but not
limited to text, sound, photographs, graphics or other material
contained in any Service communication, sponsor advertisement or
messages, whether by Bi-Tron or its advertisers, vendors or
partners), service and software are protected by copyrights,
trademarks, service marks, patents and/or other proprietary rights
and laws; therefore, the member is only permitted to use content,
service or software expressly authorized by Bi-Tron, its advertisers,
vendors and partners.
INDEMNIFICATION
Member agrees to indemnify and hold Bi-Tron, affiliates, officers,
employees and directors harmless from any claim, demand, expense or
damage, including reasonable attorneys' fees relating to the use of
the Service or violation of this agreement.
FOREIGN
LAWS AND REGULATIONS
Members agree that some material, services or content may not comply
with applicable local, state or national laws or regulations of the
Member's country of residence, even if not expressly disclaimed or
warned by Bi-Tron, and therefore agrees not to use, transmit,
disseminate or upload any material, content, or use any services
that violate Member's country or state of residence applicable laws
and regulations by any means.
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