AGREEMENT BETWEEN USER AND BRITERIS LLC

BRITERIS LLC is a Delaware company, part of Iteris Group, a Brazilian corporate group. BRITERIS LLC provides development and programming services to its business clients; its services include its software-as-a-service (SaaS) process management platform.

The BRITERIS LLC website is comprised of various web pages operated by BRITERIS LLC.

The BRITERIS LLC website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BRITERIS LLC website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

BRITERIS LLC reserves the right to change the terms, conditions, and notices under which the BRITERIS LLC website is offered. The use of the BRITERIS LLC website is for information purposes only. To provide services, BRITERIS LLC will need to be formally engaged, for which efforts will be taken unto the execution of a specific agreement between the parties.

Any and all changes to these Terms of Use will be effective once posted on our website.

The BRITERIS LLC website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BRITERIS LLC and BRITERIS LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BRITERIS LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. BRITERIS LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BRITERIS LLC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BRITERIS LLC website, you warrant to BRITERIS LLC that you will not use the BRITERIS LLC website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BRITERIS LLC website in any manner which could damage, disable, overburden, or impair the BRITERIS LLC website or interfere with any other party’s use and enjoyment of the BRITERIS LLC website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BRITERIS LLC websites.

USE OF COMMUNICATION SERVICES

The BRITERIS LLC website may contain chat areas, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

BRITERIS LLC has no obligation to monitor the Communication Services. However, BRITERIS LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BRITERIS LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

BRITERIS LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BRITERIS LLC’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BRITERIS LLC does not take responsibility for any personal information that you do provide. As to any such personal information, BRITERIS LLC, to the extent that you provide such information, will abide to the pertaining legislation and to BRITERIS LLC Privacy Policy. BRITERIS LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, BRITERIS LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BRITERIS LLC spokespersons, and their views do not necessarily reflect those of BRITERIS LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO BRITERIS LLC OR POSTED AT ANY BRITERIS LLC WEBSITE

BRITERIS LLC does not claim ownership of the materials you provide to BRITERIS LLC (including feedback and suggestions) or post, upload, input or submit to any BRITERIS LLC website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BRITERIS LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. BRITERIS LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BRITERIS LLC’ sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

BRITERIS LLC does not take any responsibility for any Submissions.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the BRITERIS LLC website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. BRITERIS LLC and/or its suppliers may make improvements and/or changes in the BRITERIS LLC website at any time. Advice received via the BRITERIS LLC website should not be relied upon for any decisions by you and you should consult an appropriate professional for specific advice tailored to your situation.

BRITERIS LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the BRITERIS LLC website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. BRITERIS LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall BRITERIS LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the BRITERIS LLC website, with the delay or inability to use the BRITERIS LLC website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the BRITERIS LLC website, or otherwise arising out of the use of the BRITERIS LLC website, whether based on contract, tort, negligence, strict liability or otherwise, even if BRITERIS LLC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the BRITERIS LLC website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the BRITERIS LLC website.

You will defend and hold BRITERIS LLC harmless from any claims or damages that may arise out of your access and use of our website.

TERMINATION/ACCESS RESTRICTION

BRITERIS LLC reserves the right, in its sole discretion, to terminate your access to the BRITERIS LLC website and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Atlanta, Georgia, U.S.A. in all disputes arising out of or relating to the use of the BRITERIS LLC website. Use of the BRITERIS LLC website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BRITERIS LLC as a result of these Terms of Use or use of the BRITERIS LLC website. BRITERIS LLC’ performance of these Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of BRITERIS LLC’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BRITERIS LLC website or information provided to or gathered by BRITERIS LLC with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between the user and BRITERIS LLC with respect to the BRITERIS LLC website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and BRITERIS LLC with respect to the BRITERIS LLC website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Use and all related documents shall be drawn up in English.

BRITERIS LLC and Briteris and related contents as well as the graphics and logo displayed in this website are the property of BRITERIS LLC and/or Iteris Group and may not be used without our express permission.

The names and logos of actual companies and products mentioned in BRITERIS LLC’s website may be trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the BRITERIS LLC website by completing the following notice (“Notice”) and delivering it to the BRITERIS LLC Designated Copyright Agent. Upon receipt of the Notice as described below, BRITERIS LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the website.

Notice of Alleged Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the BRITERIS LLC’s Designated Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the website;
  • Your address, telephone number, and email address;
  • A 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; and
  • 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.

BRITERIS LLC’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: compliance@briteris.com.

BRITERIS LLC CONTACT: For any doubts or queries, you may contact us at contact@briteris.com

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