Terms and Conditions
These pages describe the terms and conditions (“Terms”) that govern your use of certain digital products, including brombergtranslations.com and mobile applications, offered by Bromberg & Associates (“The Company”) and certain of its subsidiaries (“The Company” “us” “our” or “we”).
Please read these terms and conditions carefully before using our service.
By using Bromberg & Associates’ service, you agree that you have read, understand & agree to these terms. You also agree to review the Terms periodically to be aware of modification to the agreement, which may be made at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.
These Terms govern the use of this service and the agreement that operates between you and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms, which apply to all visitors, users and others who access or use the service. Your use and access to the service constitutes your acceptance of and agreement to the Terms.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the service.
GENERAL RULES AND DEFINITIONS
If you choose to use the Company’s digital products displaying or otherwise governed by these Terms of Service, including www. brombergtranslations.com (the “Site”), mobile sites and applications, and any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (as defined below) and other downloads (collectively, the “Services“), you will be agreeing to abide by all of the Terms between you and the Company.
We may change, add or remove portions of these Terms at any time by updating the date above after “Last Updated On”. Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Site.
IF ANY OF THE TERMS OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY (i) CANCEL YOUR ACCOUNT AND/OR (ii) DISCONTINUE YOUR USE OF THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS, CHANGES, OR MODIFICATIONS.
We may change, suspend or discontinue any aspect of the services at any time, including the availability of any services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.
We reserve all rights to terminate or suspend your access immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
Upon termination, your right to use the service will cease immediately.
Being exposed to any advertising is a condition of accessing the services.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES
You represent, warrant and covenant (a) that no materials of any kind you submit or post will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) you are at least eighteen years old.
You hereby indemnify, defend and hold harmless the Company and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees thereof (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICE AND ALL SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“THE COMPANY PARTIES“) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICE, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE “EXCLUDED DAMAGES“). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR ANY OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE COMPANY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
REGISTRATION AND SECURITY
As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address or by linking another account, such as your Facebook or Google accounts. You also can be requested to provide certain registration information, which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Service if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of the Company. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms, which shall result in immediate suspense or termination of your account.
Please notify the Company of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You are responsible for all usage or activity on your account with the Company, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.
If your access to any service has been provided by or through a third party (for example, your employer or an educational institution at which you are a student) (each, a “Client”), the Client may have provided us with information about you to enable us to provide you with access to the services and distinguish you from other subscribers (such as your IP address, email address or name).
FEES AND PAYMENTS
We reserve the right at any time to charge fees for access to portions of the service or the services as a whole. In no event, however, will you be charged for access to the service unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the service that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.
The service contains links to third-party websites, resources, and advertisers (collectively, “Linked Content”). The Company does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the services (“Software“). You may not sublicense, assign or transfer any licenses granted by the Company and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
GOVERNING LAW; JURISDICTION
These Terms have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of Michigan as an agreement wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable). You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Any claim or cause of action arising out of or related to use of the service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action. You agree to the exclusive personal and subject matter jurisdiction of the Circuit Court of Oakland County, Michigan, USA, or the United States District Court for the Eastern District of Michigan for resolution of any such claim or cause of action. If you have any concern, claim, cause of action or dispute about the service, you shall first contact the Company directly to resolve the dispute informally before pursuing any and all alternative remedies.
Correspondence should be sent to [email protected]
You agree to report any violations of the Terms to the Company as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in a Service, please notify [email protected]
Our failure to enforce any provision of these Terms or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notice must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- 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 Site
- your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
- 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;
- 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 behalf of the owner of an exclusive right that is allegedly infringed.
If any provision or part of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
If you have any questions about these Terms and Conditions, You can contact us:
By Email: [email protected]
By Phone: 313-871-0080
Bromberg & Associates
3141 Caniff St
Hamtramck, MI 48208