A.
Related Policies and Terms Additional policies and terms apply to use of specific
portions of this Site and to the purchase of certain
Merchandise or Services and are included as part of the
Site Terms. Please refer and review all additional
specific terms and conditions. The
Site Terms apply exclusively to your access to, and use
of, this Site and do not alter in any way the terms or
conditions of any other agreement you may have with
Bi-Tron for products, services, or otherwise. Bi-Tron has adopted a Privacy Statement that you should
refer to in order to fully understand how we use and
collect information. To learn about Bi-Tron's privacy
practices, please refer to the Privacy Statement section of the Site.
B.
Modification of Site Terms Bi-Tron reserves the right to modify these Site Terms in
our sole discretion from time to time and only Bi-Tron
has the right to do so. If the Site Terms are changed,
we will post the new terms on the Site and note the date
they were last updated. Any changes or modification will
be effective upon posting of the Site Terms as revised,
and your use of the Site following the posting will
constitute your acceptance of the new Site Terms.
C.
United States Usage This
Site is governed by the state and federal laws of the
United States. The laws of your jurisdiction may be more
or less strict than the laws that apply to this Site. If
you access this Site from outside the United States, you
do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
D. License and Site Access Bi-Tron grants you a limited license to make personal
use only of the Site. Such grant does not include,
without limitation: (a) any resale or commercial use of
this Site or any Site Materials (defined below); (b)
modification, adaptation, translation, reverse
engineering, decompilation, disassembly or conversion
into human readable form any of the Site materials not
intended to be so read, including use of or directly
viewing the underlying HTML or other code from this Site
except as interpreted and displayed in a web browser;
(c) copying, imitating, mirroring, reproducing,
distributing, publishing, downloading, displaying,
performing, posting or transmitting any Site Materials
(including any Bi-Tron trademarks) in any form or by any
means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise; (d)
the collection and use of any product listings or
descriptions; (e) making derivative uses of the Site and
any Site Materials; or (f) use of any data mining, bots,
spiders, automated tools or similar data gathering and
extraction methods, directly or indirectly, on the Site
Materials or to collect any information from the Site or
any other user of the Site. Except as noted above, you
are not conveyed any right or license by implication,
estoppel, or otherwise in or under a patent, trademark,
copyright, or proprietary right of Bi-Tron or any third
party. You may not use any meta tags or any other
"hidden text" utilizing Bi-Tron's name, trademark, or
product name without our express written consent. "Site
Materials" means all materials on the Site, including,
without limitation, trademarks (as specifically defined
in these Site Terms) design, product description, HTML
text, graphics, other files, photographs, codes,
software layout, designs forms and the selection and
arrangement thereof. We
may terminate this license and your use of or access to
the Site if you make or permit any unauthorized use of
this Site. Such actions by you may violate applicable
law including, without limitation, copyright laws,
trademark laws (including trade dress), and
communications regulations and statutes. We reserve the
right to have all violators prosecuted to the fullest
extent of the law.
E.
Changes, Misprints and Error Subject to applicable law, we: (a) reserve the right to
change the goods and services advertised or offered for
sale through this Site, the prices or specifications of
such goods and services, and any promotional offers and
any other Site Materials at any time and from time to
time without any notice or liability to you or any other
person; (b) cannot guarantee that goods or services
advertised or offered for sale on this Site will be
available when ordered or thereafter; (c) reserve the
right to limit quantities sold or made available for
sale; (d) do not warrant that the Site Materials
(including without limitation product descriptions or
photographs) are accurate, complete, reliable, current
or error-free; and (e) reserve the right to cancel, to
terminate or not to process orders (including accepted
orders) where the price or other material information on
this site is inaccurate. If we do not process an order
for such reason, we will advise you that the order has
been cancelled and will either not charge you or will
apply credit to the payment type used in the order. Some
jurisdictions may not allow the exclusions and
disclaimers of certain implied warranties, so some of
the provisions of this section may not apply to you.
F.
Passwords and Security If
you use a password to access this Site or any portion of
it, then you are responsible for maintaining the
confidentiality of the password and for restricting
access to your computer, and you agree to accept
responsibility for all activities that occur on your
account or with your password. In the event that the
confidentiality of your account or password is
compromised in any manner, you will notify Bi-Tron
immediately. Bi-Tron reserves the right to take any and
all action, as it deems necessary or reasonable, to
ensure the security of the Site and your account,
including without limitation, terminating your account,
changing your password or requesting information to
authorize transactions on your account. Notwithstanding
the above, Bi-Tron may rely on the authority of anyone
accessing your account or using your password and in no
event will Bi-Tron be held liable to you for any
liabilities or damages resulting from or arising out of
(i) any action or inaction of Bi-Tron under this
provision, (ii) any compromise of the confidentiality of
your account or password, and (iii) any unauthorized
access to your account or use of your password.
G.
Intellectual Property
1. Ownership All
Site Materials are owned by us and others and are
protected by United States and international copyright,
trademark and other laws.
2.
Trademarks BI-TRON, BI-TRON MARKETING, BI-TRON GLOBAL, BI-TRONGLOBAL.COM,
BITRONTODAY, BI-TRON REWARDS (and other registered
trademarks owned by Bi-Tron or its affiliates) and their respective designs
and/or logos are either trademarks or registered
trademarks of Bi-Tron and may not be copied, imitated or
used, in whole or in part, without the prior written
permission of Bi-Tron. In addition, all page headers,
custom graphics, button icons, and scripts are
trademarks, and/or trade dress of Bi-Tron, and may not
be copied, imitated, or used, in whole or in part,
without the prior written permission of Bi-Tron. All
other trademarks, registered trademarks, product names
and company names or logos mentioned herein are the
property of their respective owners.
3.
Restrictions on Use Except as stated in the Site Terms, none of the
materials and Intellectual Property described in these
Site Terms may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying,
recording or otherwise, without the prior written
permission of Bi-Tron or the respective intellectual
property owner. You may electronically copy and print
to hard copy portions of this Site for the sole purpose
of using materials it contains for informational and
non-commercial, personal use only. Any other use of the
materials in this Site - including any commercial use,
reproduction for purposes other than described above,
modification, distribution, republication, display, or
performance - without the prior written permission of
Bi-Tron - is strictly prohibited.
H.
Software Any
software, including any files, images incorporated in or
generated by the software, and data accompanying the
software (collectively "Software"), that may be made
available on this Site is licensed to you by Bi-Tron on
a non-exclusive and limited basis. Bi-Tron shall retain
full and complete title and all intellectual property
rights to Software. You shall not copy, distribute,
sell, modify, decompile, reverse engineer, disassemble
or create derivative works from any Software.
I.
Hyperlinks 1.
Links to the Site You
are granted a limited, non-exclusive right to create a
hypertext link to the home page only of this Site,
provided such link does not portray Bi-Tron or any of
its products and services in a false, misleading,
derogatory, or otherwise defamatory manner. This limited
right may be revoked at any time. You may not use, frame
or utilize framing techniques to enclose any Bi-Tron
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 Bi-Tron's express written
consent. All other linking is prohibited without prior
consent from Bi-Tron. Except as noted above, you are not
conveyed any right or license by implication, estoppel,
or otherwise in or under any patent, trademark,
copyright, or proprietary right of Bi-Tron or any third
party. 2.
Third Party Links Bi-Tron makes no claim or representation regarding, and
accepts no responsibility for, the quality, content,
nature or reliability of web sites accessible by
hyperlink from this Site, or web sites linking to this
Site.
J. Submissions
1.
Your Information If
you register on the Site, you agree that any information
you provide to us will be current, accurate and
complete. 2.
Additional Submissions You
agree that any materials, including but not limited to
questions, comments, suggestions, ideas, plans, notes,
drawings, original or creative materials or other
information, provided by you in the form of email or
submissions to Bi-Tron, or postings on this Site
("Submissions") are non-confidential (subject to our
Privacy Statement) and that you remain solely
responsible and liable for your Submissions. You further
hereby grant (or warrant that the owner of the
Submissions has granted) to us and our assigns a
perpetual, royalty-free, irrevocable, unrestricted,
non-exclusive, world-wide, assignable, sub-licensable,
right and license to use, copy, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, perform, display and otherwise exploit the
Submissions or any ideas, concepts, know-how or
techniques associated with the Submissions for any
purpose whatsoever, commercial or otherwise, using any
form, media or technology now known or later developed,
without providing compensation to you or any other
person, without any liability whatsoever, and free from
any obligation of confidence or other duties on our part
or of our assigns, and you hereby waive all moral
rights, or agree, represent and warrant that all moral
rights in the Submissions (including without limitation
the rights of paternity, attribution and integrity) are
irrevocably waived, in favor of us and our assigns. 3.
Restrictions for Submissions By
using the Site, you agree not to do any of the
following:
1.
Upload to, distribute or otherwise publish through this
Site any message, information, text or other material
("Content") that is unlawful, libelous, defamatory,
obscene, pornographic, indecent, lewd, harassing,
threatening, invasive of privacy or publicity rights,
abusive, inflammatory or otherwise objectionable;
2.
Upload or transmit any Content that would constitute or
encourage a criminal offense, violate the rights of any
party, or that would otherwise create liability or
violate any local, state, national, or international
law, including without limitation, the regulations of
the U.S. Securities and Exchange Commission, any rules
of any securities exchange such as the New York Stock
Exchange, the American Stock Exchange, or the Nasdaq
Stock Market;
3. Upload or transmit any Content that may infringe any
patent, trademark, trade secret, copyright, or other
intellectual or proprietary right of any party. By
posting any Content, you represent and warrant that you
have the lawful right to distribute and reproduce such
Content;
4. Impersonate any person or entity or otherwise
misrepresent your affiliation with a person or entity;
5. Upload to, distribute or otherwise publish through this
Site any Content such as charity requests, petitions for
signatures, chain letters or letters relating to pyramid
schemes, advertising or solicitations for funds,
political campaigning, mass mailings, any form of
unsolicited commercial email or "spam," (regardless of
whether the email itself complies with the requirements
of federal or state law for sending commercial email) or
offering or disseminating fraudulent goods, services,
schemes or promotions; and
6. Disseminate any harmful content of any kind, including
without limitation, viruses, Trojan horses, worms, time
bombs, zombies, cancel bots or any other computer
programming routines that may damage, interfere with,
surreptitiously intercept or expropriate any system,
program, data or personal information.
4.
Policies and Enforcement All
access to and use of this Site is governed by and
subject to the Site Terms. We have the right, but not
the obligation, to monitor any activity and Content
associated with forums and interactive areas on this
Site. We may access at any time and use internally for
any lawful purpose information stored on our systems,
including the content of any emails or other
communications. We may disclose such information to any
third party including law enforcement agencies to
protect our rights or property in response to legal
process, or in a good faith belief that such disclosure
is justified or required in an emergency situation. We
may investigate any reported violation of our policies
or complaints and take any appropriate action that we
deem appropriate. Bi-Tron has the right, but not the
obligation, to take any action we deem appropriate,
including but limited to action to issue a warning,
suspend or terminate your access and use of the Site and
related services at any time, and block, remove or edit
any communication and materials that Bi-Tron believes in
its sole discretion may violate applicable law, the Site
Terms or a third party's rights. Bi-Tron takes no responsibility and assumes no liability
for any Content posted or uploaded by you or any third
party, or for any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or
profanity you may encounter.
5.
Responsibility for Your Conduct You
remain solely liable for the Content of any messages or
other information you upload or transmit to the
discussion forums or interactive areas of this Site. You
agree to indemnify and hold harmless Bi-Tron and its
parents, subsidiaries, affiliates, employees, agents and
representatives from any claim, action, demand, loss, or
damages (including attorneys' fees) made or incurred by
any third party arising out of or relating to your
conduct, your violation of these terms and conditions,
or your violation of any rights of a third party.
Indirect or attempted violations of these Site Terms or
any policy, and actual or attempted violations by a
third party on behalf of a user of this Site will be
considered violations of these Site Terms by such user.
K.
Financial Material Disclosure
1.
Forward-Looking Statements This
Site, and any documents issued by us and available
through this Site, may contain statements which
constitute forward-looking statements within the meaning
of the U.S. Private Securities Litigation Reform Act of
1995. Forward-looking statements include all passages
containing verbs such as "aims," "anticipates,"
"believes," "expects," "intends," "plans," "predicts,"
"projects," or "targets" or nouns corresponding to such
verbs. Forward-looking statements also include
statements or other passages primarily relevant to
expected future events or that can only be evaluated by
events that will occur in the future. These
forward-looking statements are based on the opinions and
estimates of management at the time the statements are
made and are subject to certain risks and uncertainties
that could cause the actual results to be materially
different from those anticipated in or implied by the
forward-looking statements. Information about factors
that could potentially affect our results is contained
in the reports we file with the Securities and Exchange
Commission, including but not limited to any risk
factors we identify in our Annual Report on Form 10-K,
Quarterly Reports on Form 10-Q or current Reports on
Form 8K. Forward-looking or other statements speak only
as to the date they were released. Bi-Tron undertakes no
obligation to update forward-looking or other statements
to reflect events or circumstances that occur after the
date the statements were made. In addition, please note
that information contained in this Site shall not be
included as part of, or incorporated by reference into
(nor shall it be deemed to be a part of or incorporated
by reference into), any prospectus or offering
memorandum of the Company used in connection with the
offering or sale of securities.
2.
Webcasts Calls From
time to time, Bi-Tron provides earnings or other
financial information to the public via webcasts or
conference call. Unauthorized recording or downloading
of these is not permitted. Any rebroadcast or rewebcast
of these events is prohibited without the express prior
consent of Bi-Tron. Information provided is only
accurate as of the date of the event. While Bi-Tron
attempts to ensure your access and use of the Site is
safe, Bi-Tron cannot and does not represent or warrant
that this Site or it's server will be error-free,
uninterrupted, free from unauthorized access (including
third party hackers or denial of service attacks) or
otherwise meet your requirements.
3.
Third Party Financial Information We
provide links and access to third party web sites or
services that contain information that is provided as a
service to those interested in the information. Bi-Tron
neither regularly monitors nor assumes responsibility
for the content of third parties' statements or web
sites. Accordingly, Bi-Tron does not endorse or
adopt these web sites or any information contained
therein. Bi-Tron makes no representations or warranties
whatsoever regarding their accuracy or completeness.
L.
Children This
website is designed for and intended for use by adults.
If you are under 18, you may use this Site only with
involvement of a parent or guardian. If you are a parent
or legal guardian, you must monitor and supervise the
use of this site by children, minors and others under
your care. You agree to be responsible for their use of
this website.
M.
Disclaimer THIS
SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. BI-TRON DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH
RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND
PRODUCT ON THIS SITE. BI-TRON DOES NOT REPRESENT OR
WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BI-TRON IS
NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS
RELATING TO PRICING, TEXT OR PHOTOGRAPHY. BI-TRON DOES
NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S)
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF
BI-TRON OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL
CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR
ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. Reference to any products, services, processes, or other
information, by trade name, trademark, manufacturer,
supplier, or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof by
Bi-Tron.
N.
Limitation of Liability IN
NO EVENT SHALL BI-TRON BE LIABLE FOR ANY DIRECT,
SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF
DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY
TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR
ACCESSED THROUGH, THIS SITE. IN
NO EVENT SHALL THE AGGREGATE LIABILITY OF BI-TRON
(WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT
LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT
LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO
THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU
PAID BI-TRON, WHICHEVER IS LESS. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE
RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
O.
Applicable Law, Venue and Limitation of Actions These terms and conditions shall be governed by and
construed in accordance with the laws of the State of
Washington applicable to agreements made and entirely to
be performed within Washington, without resort to its
conflict of law provisions. Regardless of where you
access this site, you agree that any action at law or in
equity arising out of or relating to these terms and
conditions shall be filed and adjudicated only in the
federal or state courts located in Seattle, Washington,
and you hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction and venue of
such courts over any suit, action or proceeding arising
out of these terms and conditions.
P.
Termination Notwithstanding any of these terms and conditions,
Bi-Tron reserves the right, without notice and in its
sole discretion, to terminate your license to use this
Site, and to block or prevent future access to and use
of this Site if you violate any of these Site Terms.
Upon termination, these Site Terms shall still apply.
Q.
Consent to Email Communication When
you visit this Site or send email to us, you are
communicating with us electronically. You consent to
receive communications from us electronically and agree
that we may communicate with you by email or by posting
notices on this Website.
R.
Legal Equivalency This
electronic document and any other electronic documents,
policies and guidelines incorporated herein will be: (i)
deemed for all purposes to be a "writing" or "in
writing," and to comply with all statutory, contractual,
and other legal requirements for a writing: (ii) legally
enforceable as a signed writing as against the parties
subject to the electronic documents; and (iii) deemed an
"original" when printed from electronic records
established and maintained in the ordinary course of
business. Electronic documents introduced as evidence in
any judicial, arbitration, mediation or administer of
proceeding will, if established and maintained in the
ordinary course of business, be admissible to the same
extent as business records in written form that are
similarly established and maintained.
S.
Severability If
any provision of the Site Terms is found to be unlawful,
void, or for any reason unenforceable, then that
provision shall be deemed to be severed from the rest of
these Site Terms and shall not affect the validity and
enforceability of any remaining provisions.
T.
Waivers No
waiver, express or implied, by either party of any
breach of or default under these Site Terms will
constitute a continuing waiver of such breach or default
or be deemed to be a waiver of any preceding or
subsequent breach or default.
U.
Contact Us If
you are experience difficulties in using the Site,
please contact us at:
1.Call our Membership service representatives at 1-866
824 8878
3. Write us at: Bi-Tron, 12031 Horseshoe Way, Richmond
BC V7A 4V4
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