TERMS OF SERVICE
1.1 “Service” shall mean any software or services provided by BRS in conjunction with the use of PrimaFacie Software.
1.2 “Subscriber” shall refer to the purchaser of the Services provided by BRS and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on your behalf.
1.3 “Administrator” shall mean a Subscriber with authority to designate additional Authorized Users and/or Administrators.
1.4 “Security Emergency” shall mean shall mean a violation by Subscriber of this Agreement that (a) could disrupt (i) BRS’s provision of the Service; (ii) the business of other subscribers to the Service; or (iii) the network or servers used to provide the Service; or (b) provides unauthorized third party access to the Service.
1.5 “Authorized User” shall mean an individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who have been added to the account as users.
1.6 “Registered Client” means an individual who has been invited to use the client-facing features of the Service in a limited capacity as a client of an Authorized User.
1.7 “Content” means any information you upload or post to the Service and any information provided by you to BRS in connection with the Service, including, without limitation, information about your Authorized Users and Registered Clients.
1.8 “Confidential Information” means the content and any information, technical data, or know-how considered proprietary or confidential by either party to this Agreement including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine readable form or through access to either party’s premises.
1.9 “Support” means the obligations noted in Section 2 of the Software Support Terms (Exhibit II).
1.10 “User” means a unit of measure used to measure the usage of the licensed software.
2.1 BRS grants to Subscriber a nonexclusive, nontransferable, limited license, for perpetual use, to use the Service, based on the terms and conditions of this Agreement.
2.2 BRS does not review or pre-screen the Content uploaded or posted to the Service by Authorized users, and BRS claims no intellectual property rights with respect to the Content.
2.3 Under this Agreement, Subscriber does not acquire any rights of ownership in the Service. Subscriber acquires only the right to use the Service subject to the terms of this Agreement.
2.4 The rights granted in this Agreement are restricted for use solely by Subscriber and may not be assigned, transferred, or sublicensed except as explicitly set forth in section 14.6 of this Agreement.
2.5 Authorized Users agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheet (“CSS”) or any visual design elements without the express written permission from BRS.
2.6 Authorized Users agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, BRS, or any other software or service provided by BRS.
2.7 Authorized Users agree that they will not knowingly use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of any law of the United States, or state of the United States or of the terms of this Agreement
2.8 Authorized Users agree that they will not knowingly use the Service to upload, post, host, or transmit unsolicited bulk email “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature
2.9 BRS reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, except that BRS shall provide Subscriber with 30-days notice of any modification that materially reduces the functionality of the Service. Continued use of the Service following any modification constitutes Subscriber’s acceptance of the modification.
2.10 BRS reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades. BRS shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the Subscriber, but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, BRS will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension.
2.11 Subscriber grants to BRS a non-exclusive, royalty free right during Subscriber’s use of the Service, to use the Confidential Information for the sole purpose of performing BRS’s obligations under the Agreement in accordance with the terms of the Agreement. Such rights shall include permission for BRS to generate and publish aggregate, anonymized reports on system usage and Content trends and type, provided they do not conflict with Section 7.2.
PRICES, DISCOUNTS, PAYMENT TERMS, AND DELIVERY TERMS
3.1 Subscribers with paid subscriptions will provide BRS with a valid credit or debit card for payment of the applicable subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes which Subscribers agree to pay based on where the Subscriber is primarily domiciled. In addition to any fees, the Subscriber may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
3.2 Fee Exclusions.
a. The subscription fees shall not be construed to include installation, consulting, training service, support, transportation, or insurance costs.
b. Subscriber shall make no deductions for taxes of any kind, including withholding taxes, from any payment to BRS under this Agreement. Subscriber shall pay directly, and indemnify BRS against and repay BRS on demand for, any and all taxes, imposts, fees, or charges, such as, but not limited to, local, state, or federal sales, use, excise, personal property, value-added, excise, income, franchise, ad valorem, or stamp taxes; levies; customs duties; or import fees, together with any loss, liability, claim, costs or expenses, interest, or penalties incurred by BRS as a result of Subscriber’s failure to pay any such taxes when due. However, withholding tax may be deducted provided Subscriber notifies BRS in advance of the withholding tax requirement, pays the appropriate tax to the relevant governmental authority, and promptly provides BRS with a certified copy of the receipt for the withholding tax payment from the governmental authority. Taxes on the net income of BRS are BRS’s responsibility.
c. The BRS price list is subject to change at the discretion of BRS on 30 days’ written notice, unless otherwise noted.
3.3 Subscribers with monthly paying subscriptions will be charged upon the expiration of any applicable free trial period. When the subscriber enters their payment information and beginsa paid subscription, the free trial period is ended and no proration or credit is given for any remaining trial period time. Subscriptions canceled prior to the expiration of any trial period, will not be charged. Monthly Subscribers will thereafter be charged in advance each 30 days. Annual Subscribers will thereafter be charged annually on the anniversary date of the initial subscription charge. All charges are final and non-refundable, including payments made by Annual Subscribers.
3.4 No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a Subscriber.
3.5 There are no charges for canceling a subscription, and paying subscriptions cancelled prior to the end of their current billing cycle will not be charged again in the following cycle.
3.6 The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
3.7 All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Service.
3.8 All cancellations MUST be done by the subscriber via the software. Cancellation cannot be requested, ordered or done by email or voicemail or any other means. This is done via the administrator panel in the software. When cancelled, the subscription will remain active until the end of the billing period and then will not renew. Failure to timely unsubscribe will not result in a refund.
ACCESS TO THE PrimaFacie SOFTWARE
4.1 Subscriber is only permitted to access and use the Service if he/she is an Authorized User or a Registered Client. Authorized Users are required to provide their full legal name, a valid email address, Law Firm Name and any other information reasonably requested by the Service including information to verify that the subscriber is an attorney or law firm employee. The service is not intended for use by non-attorneys who do not work for an attorney, and service may be immediately suspended with no refund if or when discovered by BRS.
4.2 Each Authorized User will be provided with a unique identifier to access and use the Service (“Username”). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.
4.3 The initial Administrator shall be the Originating Subscriber with authority to administer the subscription and designate additional Authorized Users and/or Administrators. Each subscription may designate multiple Authorized Users as Administrator. Any Administrator shall be deemed to have the authority to manage the subscription and any Authorized Users. The Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any Authorized User.
4.4 Administrators are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service.
4.5 As between BRS and the Subscriber, any Content uploaded or posted to the Service remains the property of the Subscriber. Upon Cancellation or Termination of Service as discussed in Section 10 below, BRS shall only be responsible for the return of Content directly to the Administrator or a designated Authorized User in the event that the Administrator is unable to be reached upon payment of the fee as determined by BRS.
4.6 All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited and violators of this provision agree to pay all of BRS’s attorney fees, investigator costs, damages and court costs in any resulting civil action.
4.7 Under this agreement, the data that a subscriber enters into PrimaFacie remains the property of the subscriber and BRS will continue to allow access to that data as long as subscriber maintains their subscription under this agreement. If the subscriber desires to discontinue their subscription, they can maintain their data by requesting, at the cost determined by BRS (not to be less than $500), a copy of their data in a common database file format.
SECURITY AND ACCESS
5.1 BRS is responsible for providing a secure method of authentication and accessing its Service. BRS will provide mechanisms that:
a. allow for user password management
b. transmit passwords in a secure format
c. protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices.
5.2 Subscriber will be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service.
5.3 Subscriber will implement policies and procedures to prevent unauthorized use of usernames and passwords, and will promptly notify BRS upon suspicion that a username and password has been lost, stolen, compromised, or misused.
6.1 BRS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ANY SERVICES PROVIDED BY BRS. NOTHING IN THIS ARTICLE SHALL MODIFY BRS’S OBLIGATION TO INDEMNIFY SUBSCRIBER AS REQUIRED BY ARTICLE 8 OF THIS AGREEMENT (“INDEMNIFICATION”).
6.2. BRS makes no warranty that its services when provided to Subscriber in digital or electronic format will be compatible with Subscriber computer and/or other equipment, or that these Services will be secure or error free. Nor does BRS make any warranty as to any results that may be obtained from the use of the Service. Nothing in this Article shall modify BRS’s obligations under Article 7 below or Article 5 above or BRS’s obligation to indemnify you as required by Article 8 of this Agreement.
6.3 BRS hereby disclaims all warranties of any kind related to Subscriber’s hardware or software beyond the warranties provided by the manufacturer of Subscriber’s hardware or software.
7.1 Proprietary or Confidential Information.
a. It is recognized that each party under this Agreement, as well as the Subscriber, may make available to the other party's proprietary or confidential information related to the business of that party.
b. Proprietary or confidential information may include in any form, but is not limited to, processes, formulae, specifications, programs, instructions, source code for operating-system-dependent routines, technical know-how, methods and procedures of operation, benchmark test results, business or technical plans, and proposals.
c. It is agreed that proprietary or confidential information made available by one party to another party under this Agreement shall (1) be kept confidential by the receiving party, (2) be treated by the receiving party in the same way as it treats proprietary or confidential information generated by itself, (3) not be used by the receiving party other than in connection with the implementation of this Agreement, and (4) be divulged only to the receiving party’s personnel that have a need to know and have undertaken to keep proprietary or confidential information secret. Title or the right to possess proprietary or confidential information between the parties shall remain in the party that furnishes it. Neither party shall furnish to the other party any proprietary or confidential information that it does not have the right to furnish.
d. Each party agrees to use all reasonable steps to ensure that the other party’s proprietary or confidential information is not disclosed by its employees or agents in violation of the provisions of this Article.
7.2 Confidentiality Term.
a. The commitments pursuant to section 7.1 of this Article shall continue during the term of this Agreement and survive the termination of this Agreement for 10 years.
b. These commitments shall cease if, but only to the extent that, proprietary or confidential information
1. is or becomes generally known or available to the public at large through no act or omission of the receiving party;
2. can be demonstrated to have been available lawfully to the receiving party before the disclosure or has thereafter been furnished to the receiving party without restrictions as to disclosure or use;
3. can be demonstrated, subsequent to disclosure, to have been independently developed by the receiving party without use of any proprietary or confidential information received from the disclosing party; or
4. is disclosed by operation of law or court order, provided that the party whose information is to be disclosed is given an opportunity to prevent such disclosure and, if disclosed, the proprietary or confidential information will be used only for the specified legal purposes.
c. Each party is entitled to disclose proprietary or confidential information to any of its associated companies on the condition that such associated companies shall be bound by the same commitments undertaken by each party under this Article.
7.3 Trade Secret. BRS considers the licensed PrimaFacie Software covered by this Agreement to be a trade secret. BRS does not disclose any information to BRS competitors or potential competitors. Subscriber shall not use design, code, or documentation gained by access to the PrimaFacie Software to develop a competing software product. If this occurs, subscriber in violation of this term will be responsible for actual, consequential and punitive damage in addition to all attorney’s fees, investigator fees, court costs and any other fees resultant from such violation and a sum of liquidated damages of $250,000.
8.1 Subscriber hereby agrees to indemnify and hold harmless BRS from and against any claim, action, proceeding, loss, liability, judgment, obligation, penalty, damage, cost or expense, including attorneys’ fees, which arise from or relate to the following:
1. Authorized Users’ breach of any obligation stated in this Agreement, and
2. Authorized Users’ negligent acts or omissions.
BRS will provide prompt notice to Subscriber of any indemnifiable event or loss. Subscriber will undertake, at Subscriber’s own cost, the defense of any claim, suit or proceeding with counsel reasonably acceptable to BRS. BRS reserves the right to participate in the defense of the claim, suit, or proceeding, at BRS’s expense, with counsel of BRS’s choosing.
LIMITATION OF LIABILITY
9.1 Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL BRS BE LIABLE FOR ANY LOST REVENUES OR PROFITS OR OTHER SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF BRS HAS, OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 License-Fee Limitation. Except for the indemnification provisions of Article 8, BRS’s maximum liability for damages is limited to the license fees paid by Subscriber under this Agreement for the particular licensed PrimaFacie Software that caused the damages.
9.3 Loss of Data. Software error can cause a significant loss of data. BRS shall not be responsible for any loss of data. BRS’s responsibility is to correct the PrimaFacie Software error as provided in Article 6. It is Subscriber’s responsibility to have adequate backup procedures to protect Subscriber from significant loss of valid data. This may include periodic database backups at an additional cost not to be less than $500 per backup provided.
TERM AND TERMINATION
10.1 Term. This Agreement shall remain in effect unless one of the parties terminates it. Either party may terminate this Agreement at any time by cancelling their subscription. Any licenses granted under this Agreement before termination of this Agreement shall be unaffected by the termination of this Agreement, and all terms of this Agreement shall continue to apply to those licenses. Termination of this Agreement only ends the possibility of further licenses being granted and Support under this Agreement to Participants.
10.2 Termination. A license granted under this Agreement shall remain in effect for its full term unless terminated earlier by one of the following actions:
a. Either party fails to perform in accordance with any of the provisions of the license granted under this Agreement and has not remedied such failure within a 3-day period after having been notified by the other party identifying the failure, unless extended by mutual agreement of both parties.
b. Subscriber fails to pay BRS monies owed and has not remedied such failure within a 3-day period after having been notified in writing.
c. If either party to this Agreement is adjudicated as bankrupt under the U.S. Bankruptcy Code, as now constituted or later amended, or under any other applicable federal or state bankruptcy law or other similar law, or on assignment of a receiver, liquidator, assignee, trustee, custodian (or similar official) of either party to this Agreement or any substantial part of their properties, or ordering the winding up of or liquidation of the affairs of either of the parties to this Agreement, the other party shall be entitled at its own discretion to terminate any license granted under this Agreement forthwith by written notification to the party concerned.
d. Subscriber may terminate a license granted under this Agreement by cancelling their subscription through the administrator panel in their PrimaFacie account.
10.3 Administrators are solely responsible for canceling subscriptions. An Administrator may cancel their subscription at any time. For security reasons, cancellations shall only be performed by an Administrator using the account cancellation URL within the Service. Cancellations shall not be accepted by any other means.
10.4 Consequences. If a license is terminated as provided in this Article 13, Subscriber shall
a. discontinue all use of the software granted by such license;
b. Subscriber agrees that Termination, either voluntary or involuntary, shall not entitle Subscriber to any refund for license fees paid, nor shall it relieve Subscriber of the obligation to pay any outstanding amounts due BRS. If subscriber has an outstanding balance with BRS, then subscriber will be responsible for payment of the amount plus any collection fees, attorney fees and interest calculated at 15% per month on the outstanding balance.
11.1 Law Applicable to This Agreement. This Agreement shall be subject to and construed in conformity with the laws of the State of Michigan, United States of America. Any dispute arising between the parties shall be settled by arbitration under the rules of the American Arbitration Association in Ottawa County or Kent County Michigan, U.S.A., before a single arbitrator selected by BRS under those rules. The arbitral language shall be English. The arbitral award may be enforced in the courts of Ottawa County, MI. Subscriber acknowledges and agrees that, notwithstanding the foregoing, BRS may decide, in its total discretion, that a claim or action under this Agreement may be brought and will be subject to the relevant local law or local competent courts that may have jurisdiction over Subscriber.
11.2 Technical support and training are available to Authorized Users with active subscriptions, and is available by telephone and email.
11.3 Subscriber acknowledges and agrees that BRS may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
11.4 BRS may provide the ability to integrate the Service with third party products and services that Subscriber may use at Subscriber’s option and risk. Access to and use of any third party products and services are subject to the separate terms and conditions required by the providers of the third party products and services. Subscriber agrees that BRS has no liability arising from Subscriber’s use of any integrations or arising from the third party products and services. BRS can modify or cancel the integrations at any time without notice.
11.5 Subscriber acknowledges the risk that information and the Content stored and transmitted electronically through the Service may be intercepted by third parties. Subscriber agrees to accept that risk and will not hold BRS liable for any loss, damage, or injury resulting from the interception of information. The Content is stored securely and encrypted. Only BRS, with strict business reasons, may access and transfer the Content and only to provide Subscriber with the Service. BRS will make reasonable efforts to provide notice to Subscriber prior to such access and transfer. BRS’s actions will comply with its obligations under this Agreement.
11.6 Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this Section shall be void and of no effect.
11.7 Waiver. The waiver by any party of a breach or default by the other party of any provision of this Agreement shall not be construed as a waiver by such party of any succeeding breach or default by the other party of the same or another provision.
11.8 Force Majeure. Neither party shall be liable for delays or nonperformance of this Agreement occasioned by acts of God, public enemies, civil disobedience, governmental regulations or decrees, labor disputes, unavailability of materials, equipment failure, strikes, fires, accidents, or any other causes, whether or not of the kind enumerated in this provision, that are beyond such party’s reasonable control. If performance by either party to this Agreement is delayed due to any of the foregoing causes, the delay shall not be deemed a breach under this Agreement, and this Agreement shall remain in full force and effect. If it appears that performance by either party to this Agreement will be delayed due to any of the foregoing causes, the party shall promptly notify the other party in writing stating the cause of the delay and its expected duration and shall use commercially reasonable efforts to carry out performance as soon as reasonably possible.
11.9 Survival. The provisions of Section 3.2 entitled “Fee Exclusions,” Article 7 entitled “Proprietary Information,” Article 8 entitled “Indemnification,” Article 9 entitled “Limitation of Liability,” and Article 10 entitled “Modification of Rights” shall survive the expiration or termination of this Agreement as well as the termination or expiration of any license granted under this Agreement.
11.10 International Transactions. The original of this Agreement has been written in the English language. Subscriber waives any right Subscriber may have under the laws of the country in which the PrimaFacie Software is licensed to have this Agreement written in the native language. The parties acknowledge and agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
11.11 Compliance with Laws. Subscriber shall be responsible for complying with all applicable government regulations of the United States or any foreign countries with respect to the use of the PrimaFacie Software by Subscriber outside of the country in which BRS delivers the PrimaFacie Software to Subscriber, including but not limited to import and export restrictions, obtaining any necessary consents and licenses, and registering or filing any documents. BRS makes no recommendations and provides no advice regarding Subscriber’s exporting of the PrimaFacie Software. Subscriber shall defend, indemnify, and hold BRS harmless from and against any and all claims, judgments, costs, awards, expenses (including reasonable attorney fees), and liability of any kind arising out of the noncompliance with applicable governmental regulations, statutes, decrees or other obligations with respect to the use or transfer of the PrimaFacie Software by Subscriber outside of the country in which BRS delivered the PrimaFacie Software to Subscriber.
11.12 Guarantor. Subscriber guarantees the performance of each Authorized User under this Agreement, including the payment of any fees when due.
11.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
Our Commitment to Privacy
Your privacy is very important to us. This policy sets out the basis on which any personal data we collect from you, that you provide to us, or that is provided to us by a subscriber to our services will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Subscribers Clients’ or Customers’ Information
Your database is encrypted and for subscriber to access it, the subscriber password is required. Subscriber (you) may initiate a request to recover your password, PrimaFacie and BRS cannot provide access to your data without your password. If it becomes necessary for BRS to review your tenancy in PrimaFacie, BRS will maintain confidentiality and will not share any resulting information we are given access to, incidentally or otherwise. You will also be responsible to immediately change your password to maintain security of your data.
Information divulged by subscriber to BRS during sales or support calls, conferences, or screenshares will remain confidential.
What Information Do We Collect?
We may collect and process the following data about you:
1. Information you give us. You may give us information about you by filling in forms on our site www.primafacieapp.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, participate in any discussion boards, forums or other social media functions on our site or enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph. We also store the Content that your upload or provide to the Service in order to provide you with the features and functionality of the Service.
2. Information we receive from other sources. We may receive information about you from individuals or corporate entities which are subscribers to our service (‘Subscribers’) where you are to be designated a user of our service. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them, subject to your agreements with them.
Automatic Anonymous Information
When you visit our site, we collect certain technical and routing information about your computer. For example, we log environmental variables such as browser type, operating system and CPU speed, and the Internet Protocol (IP) address of your originating Internet Service Provider, to try to bring you the best possible service. We also record search requests and results to try to ensure the accuracy and efficiency of our search engine. We use your IP address to track your use of the site, including pages visited and the time spent on each page. We collect this information and use it to measure the use of this website and to improve its content and performance. All of the information that is automatically submitted to us by your browser is considered anonymous information. To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.
Cookies, Tracking Technologies, and Analytics/Log Files
Technologies such as: cookies, beacons, tags and scripts are used by BRS and our marketing partners, affiliates, or analytics or online customer support service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Log Files – As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.
How Do We Use Information We Collect?
We collect personally identifiable information only for providing the services you request, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, and notifying you of new products and any other changes to our site or services that may affect you. When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for those purposes.
We will not sell or give any personally identifiable information to any third parties.
If at any time you do not wish to receive offers and e-mails from us, we ask that you tell us. You may remove your name from our mailing list by sending us an e-mail addressed to [email protected] and indicating in the subject line “No Offers or E-mail.”
We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.
Transfer of Customer Information
Customer lists and information are properly considered assets of a business. Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.
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