Please read the following terms of use carefully before continuing to use the www.itbmo.com and eztbm-itbmo.com application websites (the “Site” or “Website”).
These Terms of Use (the “Terms”) form a binding agreement between you (the “User”) and ITBMO Inc. (“ITBMO”, “We” or “Us”) when accepted by you. You accept these terms by accessing or using this Website or any services of our Website. The individual accepting these terms on behalf of an entity represents that he or she is authorized to represent the entity and the entity will be bound by these Terms of Use. This is an electronically generated document that doesn’t require any physical or digital signature for its authenticity. These terms have a bearing on your legal rights and duties. Please read the entire terms and condition document carefully before accepting it. If you do not agree to these terms, you may not use the website, application or any services offered through this Website. You may not use the application website or any services offered thereto, or accept the Terms of Use, if (i) you are not of legal capacity to form a binding contract with ITBMO, or (ii) you are prohibited by law from receiving or using the Services.
The Site or any contents thereof, logos, names, services and materials, their selection and arrangement, are protected by copyright, trademark, trade dress and other intellectual and proprietary rights (the “Intellectual Property Rights”). All the Intellectual Property rights to the aforementioned material and content are owned by ITBMO, its licensors, affiliates and identified third party. Except as provided in these terms, you are not permitted to use, reproduce, sell, transmit, create derivate work or distribute the materials and contents on this website without the prior permission of ITBMO. Any such unauthorized acts is expressly prohibited by law and may result in severe civil and/or criminal penalties.
Our Services are provided for the personal use by you or your organization. Subject to the condition that you duly adhere to these Terms of Use, you are authorized to view, copy, print, and distribute (but not modify) the content on this Website; provided that (i) such use is for informational, non-commercial purposes only, and (ii) any copy or permitted use of the content that you make must include the copyright notice or other relevant attributions associated with the content.
Any information, content or material provided on this Website is not intended for distribution to, or use by, any person or entity in a jurisdiction where such distribution or use would be contrary to law. You shall not use our Web Site for any illegal purpose or in any manner inconsistent with the Terms of Use.
We may provide links to other websites for user’s convenience or informational purposes. Inclusion of any link to a website not owned by ITBMO is not an endorsement by ITBMO of the website or its contents. ITBMO takes no responsibility for the products, services, content, policies, legality, decency, accuracy or any other aspect of the content of third-party websites. We encourage you to learn about the terms and privacy policies of such third-party websites before accessing or using the same.
The creation of a link to our website from any other website without prior consent of ITBMO is not permitted.
1. Certain products offered by ITBMO may be made available for downloading solely for the use by end users according to their applicable subscription agreement. Any such product or software that is made available via the Site is the property of ITBMO. Such products are licensed pursuant to the terms of the applicable license agreement and you shall not download, install or use, any such product or software unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the product or software is prohibited. If there is any conflict between these Terms of Use and the license agreement, the license agreement shall take precedence in relation to that software or product.
2. If no license agreement accompanies the software or product, use of such software or product will be governed by these terms.
3. ITBMO grants you a non-assignable, nonexclusive license to use the software or product for the sole purpose of enabling you to use the Services as provided by ITBMO in accordance with these terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software except to the extent permitted by the applicable law.
4. The Software may automatically download and install updates from ITBMO from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit ITBMO to deliver these to you with or without your knowledge) as part of your use of the services.
5. ITBMO does not warrant that such products will be error-free or that any provided services will be uninterrupted. Any reproduction or redistribution of our products or software not in accordance with the applicable subscription agreement or these terms or the applicable law may result in appropriate legal actions.
A subscription allows the user to access the Services. A subscription may be procured through ITBMO website subscription or contacting ITBMO directly. Each subscription is for a single Authorized User for a specified term and is personal to that Authorized User.
1. All materials, including downloadable software, contained on this website is provided on ‘as is’ basis and without warranty of any kind to the extent permitted by the applicable law. While ITBMO will use reasonable efforts to provide reliable and accurate information and services through this website, ITBMO does not warrant that this web site is free of inaccuracies, errors and/or omissions, viruses, worms, Trojan and the like, or that the content is appropriate for your particular use or up to date.
2. ITBMO does not warrant any results derived from the use of any software available on this site to the extent permitted by the applicable law.
3. To the extent permitted by the applicable law, ITBMO disclaims any liability with regard to any actions resulting from your use of the site and materials, or your participation in any services. Any material downloaded or otherwise obtained through use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. ITBMO does not control, endorse or accept responsibility for any materials or services offered by third parties, including third party vendors and third parties accessible through linked sites. ITBMO makes no representations or warranties whatsoever about, and shall not be liable for, any such third parties, their materials or services. Any dealings that you may have with such third parties are at your own risk.
5. To the extent permitted by the applicable law, ITBMO expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
6. Any information or material sent by a visitor to ITBMO through this website will be deemed ‘not to be confidential’ unless expressly stated otherwise.
ITBMO or any of its director, partner, officer, representative, agent, employee, will not be liable for any damages, including but not limited to direct, indirect, consequential, exemplary, loss of profits, loss of business, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in this site or any linked material.
1. You agree not to use, or to encourage others to use, the Site or Services to:
2. Make available any material that is unlawful, harmful, threatening, abusive, obscene, invasive of another’s privacy or otherwise objectionable;
3. Make available any material that you do not have a right to make available under any Law or contractual or fiduciary obligation;
4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. Collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
6. Use the site, services or materials in such manner that it will mislead a user into believing that they are interacting directly with ITBMO;
7. Engage in any chain letters, junk email, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
8. Make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
9. Attempt to test the vulnerability of the Website by using unfair means to disproportionately put load on the Website’s infrastructure;
10. Disrupt or interfere with the security of, or otherwise cause harm to, the site or any services, materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the site or any affiliated or linked sites;
11. Disrupt, interfere with, or inhibit any other user from using and enjoying the site, services or materials, or other affiliated or linked sites, services or materials;
Access or attempt to access any material that you are not authorized to access
You agree to indemnify and hold ITBMO and its affiliates, subsidiaries, representatives, officers, agents, and employees harmless from any claims, demands, liabilities, losses, damages including attorneys’ fees arising in connection with your use of this website, online conduct, breach of these terms of use, or dealings or transactions with other persons resulting from use of this website.
ITBMO reserves the right to modify the Terms of Use under which this Website is offered at any time and without notice. You will be automatically bound by these modifications when you use this site. Your use of the Site, Materials and Services is subject to the most current version of the Terms posted on the Site. Please, regularly check the Site to view the current Terms.
All content, material and features included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the copyright of ITBMO.
Except as expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between the parties, and supersede all prior agreements, proposals or representations, written or oral, concerning the subject matter of these Terms of Use.
ITBMO values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Website. By using the Website and service you consent to the transfer of your information to the United States and/or to other countries for storage, processing and use by ITBMO in accordance with our Privacy Policy.
All notices to the users will be sent to their mails or will be posted on the website. The users, who have maintained their e-mail address with us, will be receiving notice in such e-mail address only. Email notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.
In case of any question the user can contact us at [email protected].
Please note that your usage of our services is not solely governed by these terms only. You are thus requested to refer to our privacy policy also.
ITBMO (“We”, “Us” or “Company”) is willing to grant you (“User”, “You”, “Your”) rights to establish an account and to use services provided only upon the condition that you accept all the terms contained in this Agreement below (“Terms and Conditions”, “Terms”, “Agreement”). Please read the terms carefully. By clicking on “I accept” provided below, you will indicate your agreement with them. If you are entering into this agreement on behalf of a company or other legal entity or person, your acceptance represents that you have the authority to bind such entity or person to these terms. If you do not agree with these terms, or if you do not have the authority to bind your entity or person, then ITBMO does not grant you rights to establish an account and to use the services provided hereunder.
A Subscription to the Services will be required by the User to get the access to the Services provided by ITBMO. During the Subscription term, the User will receive the right to access and use the SaaS services for their internal business purposes subject to the Terms and Conditions. Subscription to Services will be provided through ITBMO senior management. Subscription commences from the date when the User activates the subscription by providing the customer credentials and signing up for the Software. The access will continue for a period of one year (or three years depending on the subscription plan) from the date of commencement of the subscription.
If the User does not purchase a subscription after the end of one-year period, this Agreement will terminate at the end of one-year period of access.
The User is not permitted to register for multiple concurrent and/or consecutive free trials. ITBMO reserves the right to suspend or terminate trials based on abuse of Terms and Conditions.
We shall provide to the User basic support for the Services accessed under this Agreement at no additional charge. We shall use all commercially reasonable efforts to make the above mentioned Services available 24 hours a day, 7 days a week, except for planned downtime or by unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, civil unrest, acts of terror, strikes or Internet service provider failures or delays.
User shall (i) be responsible for Users’ compliance with this Agreement, (ii) be responsible for the accuracy, quality, integrity and legality of User’s Data, (iii) use reasonable efforts to prevent unauthorized access to or use of the Services and notify us promptly of any such unauthorized access or use, (iv) use the Services only in accordance with the applicable laws and government regulations. User shall not (i) make the Services available to anyone other than Users, (ii) sell, resell, rent or lease the Services, (iii) use the Services to store or transmit unlawful material or malicious code, (iv) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, (v) attempt to gain unauthorized access to the Services or their related systems or networks, (vi) copy or republish the SaaS Services or Software, (vii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software used to provide the SaaS Services, except and only to the extent such activity is expressly permitted by applicable law, (viii) create derivate works based on the Services.
The Services and all related intellectual property rights are the exclusive property of ITBMO. Except as expressly stated herein, these Conditions do not grant the Customer any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of our Services or the Documentation.
You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Terms, including without limitation any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies.
As used herein, “Confidential Information” means all confidential information disclosed by ITBMO to User, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. The Confidential Information shall include without limitation business and marketing plans, technology and technical information, product plans and designs, and business processes. You agree to use this confidential information only for purposes of exercising your rights under this Terms and Conditions, and you further agree not to use or disclose this confidential information to any third party. You shall limit access to Confidential Information to those of your employees, contractors and agents who need such access for purposes consistent with the Terms and who have signed confidentiality agreements with you containing protections no less stringent than those herein.
We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.
In any event, the unenforceability or invalidity of any provision of the Terms shall not affect any other provision, and the Terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
You shall defend Us against any Claim made or brought against Us by a third party alleging that Your Data, or Your use of the Services infringes or misappropriates the intellectual property rights of a third party or violates any applicable law.
This Terms, our Website Terms of Use, and our Privacy Policy constitute the entire understanding of the parties with respect to our Software Services and Website. Unless to the extent contrary to the provisions of Terms and Conditions, the Website Terms and Conditions will be applicable on the subject matter herein.
As our business evolves, we may make some changes in these Terms. If we make a material change to the Terms, we will provide User with reasonable notice prior to the change taking effect, either by emailing on the email address associated with User’s account or by messaging User through the Services. User can review the most current version of the Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Terms. The materially revised Terms will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If User accesses or uses the Services after the effective date, that use will constitute User’s acceptance of any revised terms and conditions.
The Terms, and any disputes arising out of or related hereto, will be governed exclusively by the laws of Texas, USA.
No failure or delay by either party in exercising any right under Terms and Conditions shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
Feel free to contact us if you have any question about Terms and Conditions. You may contact us at [email protected]
