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Terms Of Use

The BandTrax and BandTrax Australia Web Site (the "Site") is an online information service provided by BandTrax and BandTrax Australia ("BandTrax and BandTrax Australia"), subject to your compliance with the terms and conditions set forth below.

PLEASE AND READ the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. BandTrax and BandTrax Australia reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification.
The terms and conditions herein apply to BandTrax and BandTrax Australia, its parent companies, subsidiaries, affiliates, and divisions, all of which are referred to herein as "BandTrax and BandTrax Australia". The terms and conditions herein are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by BandTrax and BandTrax Australia.

Nothing in this Site shall be construed as creating any warranty or other obligation on the part of BandTrax and BandTrax Australia. The terms and conditions applicable to any BandTrax and BandTrax Australia product or service are contained in the specific agreements relating to such product or service.

Disclaimer of Warranties and Liability

Information offered on this Site is provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will BandTrax and BandTrax Australia be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if BandTrax and BandTrax Australia is expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. In no event will BandTrax and BandTrax Australia warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site.

Confidentiality

Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to BandTrax and BandTrax Australia “General Material” shall be deemed to be non-confidential and shall become the sole property of BandTrax and BandTrax Australia. Subject to the conditions described on this Site, BandTrax and BandTrax Australia shall have no obligation of any kind with respect to such General Material and shall be free to use, copy, modify and/or distribute the General Material to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such General Material.

Trademark Rights

BandTrax and BandTrax Australia®, the BandTrax and BandTrax Australia Logo and the BandTrax and BandTrax Australia product and service names referenced in this Site ("BandTrax and BandTrax Australia Marks") are trademarks and service marks or registered trademarks and service marks of BandTrax and BandTrax Australia. The BandTrax and BandTrax Australia Third-Party Trademark and Logo Usage Requirements govern your use of the BandTrax and BandTrax Australia Marks.  Other products and company names mentioned on the Site may be the trademarks of their respective owners.

Copyright Information

Copyright Notice: © 2004 BandTrax and BandTrax Australia. All Rights Reserved. Please refer to the BandTrax and BandTrax Australia Copyright Usage Requirements for additional information concerning copyrights.

Linking Policy

You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link (i) does not portray BandTrax and BandTrax Australia and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web site or products by BandTrax and BandTrax Australia. This limited linking right may be revoked at any time. You may not modify or alter the appearance or content of the home page or Site, or use framing techniques to enclose any BandTrax and BandTrax Australia trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without BandTrax and BandTrax Australia's express written consent. You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any BandTrax and BandTrax Australia Marks; (ii) the content of the Site; nor (iii) any other intellectual property or proprietary rights of BandTrax and BandTrax Australia.

BandTrax and BandTrax Australia makes no representations, warranties or endorsements with respect to any non-BandTrax and BandTrax Australia web site, which may be accessed from this Site. When you access a non-BandTrax and BandTrax Australia web site, please understand that BandTrax and BandTrax Australia has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.

Special Admonition for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Jurisdictional Issues

This Site is controlled and operated by BandTrax and BandTrax Australia within the State of Queensland and this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Queensland, as it is applied to agreements entered into and to be performed entirely within such State. You agree that any legal action or proceeding between BandTrax and BandTrax Australia and you for any purpose concerning this Site or the parties' obligations hereunder shall be brought exclusively in a state court of competent jurisdiction sitting in Brisbane, State of Queensland.

Indemnification

You agree to indemnify, defend and hold harmless BandTrax and BandTrax Australia, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.

Miscellaneous

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions hereof. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use to be invalid or unenforceable, such findings shall have no effect on any other part or provision of these Terms of Use.

Any rights not expressly granted herein are reserved.