3. Registration and Eligibility:
You may not use the Brivo Sites in a way that violates any laws, infringes on anyone’s rights, is offensive or interferes with any of the Brivo Sites or their features. If Brivo (in its sole discretion) determines that you have acted inappropriately, Brivo reserves the right to remove your Contributions, terminate or suspend your Brivo Account, terminate or suspend your use of the Brivo Sites, and take any appropriate legal actions. You are responsible and liable for all your activities while participating on the Brivo Sites, including anything you contribute. You are also responsible for any actions you may take based on information or advice you receive through the Brivo Sites (including Brivo University). As with any communication service, use your own good judgment when evaluating or acting upon information provided through the Brivo Sites.
There may be opportunities for you as a Brivo Account holder to actively participate by creating, providing, sharing and uploading information to the Brivo Sites such as comments, ideas or suggestions for new or improved software products, services, technologies, features, product names, data, articles, documents, discussion forum threads, blog entries, computer code, or other data, material or information (individually and collectively "Contributions").
6. Contributions Ownership, Rights and Responsibilities:
7. Third-Party Web Sites, Content, Products and Services:
The Brivo Sites may contain links to web sites and access to content (including opinions, advice, statements and advertisements), products and services from third parties (collectively "Third-Party Content"). These links are available through the Brivo Sites merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. You agree that Brivo is not responsible for the availability of, any such Third-Party Content. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You understand that you bear all risks associated with the access to and use of such Third-Party Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Brivo is not responsible for: (a) the quality of third-party products or services; or (b) fulfilling any of the terms of your agreement with any third-party seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Brivo is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
BRIVO HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE BRIVO SITES AND ALL BRIVO SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIVO AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM 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. BRIVO AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT THE BRIVO SITES OR BRIVO SITE CONTENT WILL MEET YOUR REQUIREMENTS, THE SITES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BRIVO SITES OR ANY BRIVO SITE CONTENT WILL BE ACCURATE, COMPLETE OR RELIABLE, OR THE QUALITY OF ANY BRIVO SITE CONTENT OBTAINED BY YOU THROUGH THE BRIVO SITES WILL MEET YOUR EXPECTATIONS. ANY BRIVO SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BRIVO SITES IS DONE AT YOUR OWN DISCRETION AND RISK. BRIVO AND ITS LICENSORS AND SUPPLIERS WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND OTHER SERVICES.
9. Limitation of Liability:
IN NO EVENT WILL BRIVO OR ANY OF ITS LICENSORS, SUPPLIERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM (A)YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE BRIVO SITES OR ANY BRIVO SITE CONTENT; (B) YOUR RELIANCE UPON ANY OF THE BRIVO SITE CONTENT, (C) BRIVO'S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF ANY BRIVO SITE, (D) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (E) FOR ANY MATTER BEYOND THE CONTROL OF BRIVO, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRIVO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BRIVO'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BRIVO SITES, ANY BRIVO SITE CONTENT OR YOUR USE OF CONTRIBUTIONS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT BRIVO MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF BRIVO'S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
11. Privacy and Security Policy:
For a description of Brivo’s privacy practices in relation to its general business practices and the use of the Brivo Sites, please see the Brivo Privacy and Security Policy.
12. Applicable Law; Jurisdiction:
13. Copyright Policy/Digital Millennium Copyright Act:
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Brivo may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest; a description of the copyrighted work or other work that you claim has been infringed; a description of where the material that you claim is infringing is located on our sites, networks or other repositories; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
Brivo Systems LLC
770 Old Georgetown Road
Bethesda, Maryland 20814
Attn: Chief Operating Officer, DMCA Complaint.
If the disputed materials were posted by a third party identifiable through reasonable efforts, Brivo will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, Brivo will provide you with a copy so that you may take any other steps you may consider appropriate.