BROADWAY TECH, LLC
TERMS AND CONDITIONS
We grant you a non-exclusive, limited, revocable license to visit and use the Site, provided you agree to comply with these Terms and the other policies and conditions governing your use of the Site. Nothing in this license, or in the Site, shall be construed as granting you any other rights or privileges with respect to the Site or its content. In addition, we may terminate your right to access or otherwise use the Site at any time, without giving you notice.
We are providing the information on the Site for your personal and noncommercial use only, subject to our giving you express written permission to use the Site otherwise. You may not copy, modify, distribute, display, perform, create derivative works from, or transfer any of the content on this Site (except for your own personal, non-commercial use) without our prior, express written permission.
You may only use the Site for lawful purposes. Please make sure that your use of the Site complies with all applicable local, state and federal laws. You may not disrupt, modify or interfere with the Site or its associated software, hardware or servers. In addition, you may not interfere with the use of the Site by others.
You agree that you will not use any automatic device, software, or routine including, without limitation, any robots, spiders, webbots, web wanders, crawlers, worms, or webants, or any manual process which may overload our network or servers or in any way interfere or attempt to interfere with the operation of the Site. In addition, you agree not to employ any of the foregoing in an effort to circumvent any security measures we have in place to protect the Site or to enforce our policies. You agree not to attempt to conceal your identity in any way or by any means, including by using multiple names, physical addresses, Internet Protocol (“IP”) addresses, or e-mail addresses to interact with the Site; engaging in IP spoofing, IP address forgery, host file hijacking, or similar conduct; interacting or engaging with the Site through proxy servers or virtual private networks used to mask your identity; and/or undertaking any similar conduct and/or using any similar products or services to access the Site in such a way as to conceal your identity.
If you violate these Terms (or if we in our sole discretion believe you have violated any of these Terms), we may terminate your use of the Site, bar any future use of the Site by you (and by any IP addresses we believe to be associated with your use of the Site), and/or take appropriate legal action against you including, without limitation, seeking civil, criminal and injunctive redress.
If you are under sixteen years old, please do not use this Site.
This Site may contain hyperlinks to other web sites. Unless otherwise stated, which statement may be contained on said hyperlinked website, we do not operate these other web sites and are not responsible for, and do not endorse the contents, information, products, or services provided on, any hyperlinked web sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on such hyperlinked web sites, or the contents, information, products or services provided on such hyperlinked web sites.
We grant you permission to link your website to the home page associated with this Site, located here, subject to these Terms and your agreement to comply with all such Terms, and provided that your linking to the Site does not cast the Site or any websites affiliated with the Site or with us in a false or misleading light. You may not link your website to any internal page on this Site without our express written permission. In addition, you may not frame on another website any information located on this Site without our express written consent. You may request such consents by sending an e-mail request here. The permission granted herein to link to the home page associated with this Site may be revoked at any time without cause. You may not link to our home page from any website that (a) violates any applicable law or regulation, (b) infringes the patent, copyright, trademark, trade secret, or other intellectual property rights of others or violates any privacy, publicity, or personal rights of others; or (c) contains defamatory, obscene, threatening, abusive, or hateful information or expressions. You agree to hold us harmless and indemnify us against any claims, losses, liabilities or expenses, including reasonable attorneys’ fees, arising out of or in connection with your linking to our Site or the use by others of the contents, information, products or services provided on your site.
You may not publicly use any trademarks owned by us or otherwise appearing on this Site without our express written permission. You also may not publicly use any meta tags or any other “hidden text” that incorporate our trademarks without our express written permission. In the event that we grant you such permission, you will not gain any rights to our trademarks.
The contents of this Site, such as text, graphic images and other materials (the “Works”) are protected under U.S. and foreign copyright law. In addition, the aggregated contents of this Site are copyrighted as a collective work/compilation. You may not reproduce, copy, edit, publish or transmit the Works in any way without our express written permission. In the event that we grant you such permission, you will not gain any ownership rights to our copyrighted material.
We do not grant you any express or implied right under any of our trademarks, copyrights, or other proprietary information, and we reserve all rights not expressly granted herein to the same. You may not modify or download any of the content or materials found on this Site; use the content or materials found on this Site for any public display, performance, sale, or rental; transfer, remove, modify, or alter any trademark, copyright, or other proprietary content or materials from this Site; or copy any content or materials from this Site for any purpose prohibited by these Terms.
You understand and acknowledge that the Broadway Tech, LLC, and Broadway Tech, LLC’s parent, affiliate, and subsidiary entities (collectively “BT”), may currently or in the future be developing or obtaining information, knowledge, technology, products, services, or methods, internally or through or with third parties, all of which and which parties may be similar to and/or competing with you and your information, knowledge, technology, products, services, methods, or plans for the same, or any other information included in or part of your application for the Program (your application, and all materials contained therein, your “Application”). You additionally understand and acknowledge that in no manner or respect shall your submission of your Application and/or our acceptance of your Application limit, restrict, or preclude BT from pursuing any of its present or future business activities or interests, or from entering into any agreement or transaction, regardless of whether the foregoing is or are competitive with or similar to your business activities, interests, agreements, or transactions, and in the context of any such current or future business activity, interest, agreement, or transaction BT shall be free to use any knowledge or information incidentally retained by it or its personnel during any time in which you applied for (including by submitting your Application) or participated in the Program, provided that such incidental retention has not involved the intentional seeking and/or memorization of said knowledge or information for the purpose of misappropriating it.
If you are under sixteen years old, you are prohibited from submitting an Application.
THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOUR USE OF THIS SITE OR THE CONTENT ON THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THIS WEB SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By your use of this Site, you agree to waive any claims you may have against us for any damages that you may incur as a result of your use or attempt to use this Site. We may make claims against you for use of this Site that violates these Terms and any other policies posted on this Site. You agree to hold us harmless and indemnify us against any claims, losses, liabilities or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of this Site or violations of our policies posted on this Site.
These Terms and any dispute regarding these Terms shall be governed by and construed in accordance with New York State law without regard to principles of conflict of laws. Except as otherwise stated explicitly in these Terms, any disputes arising out of or relating to the use of this Site may only be brought in the state or federal courts located in New York County, New York State. Therefore, by accepting this policy, you are agreeing to submit to the jurisdiction of such courts for any claims arising out of your use of this Site.
As part of your Application, you will be making available to us, through Wufoo, certain information about you and your company, which may include your and your co-workers’ names, e-mail addresses, telephone numbers, and other personally identifiable information, and business information, including business financial information. We use this information to process and judge your Application, and to communicate with you regarding your Application and the Program.
Your application and all personally identifiable information and business information contained therein is subject to Wufoo’s data security measures, which you can learn more about on Wufoo’s site.
Any information contained in your Application materials is subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders. If you need to contact us for any reason, please click here.
EFFECTIVE DATE: April 9, 2019