These Website Terms and Conditions (the “Terms and Conditions”) apply to the website www.bartech.com (the “Website”). The Website is owned by Bartech Systems International, Inc., which includes any and all of Bartech Systems International, Inc.’s parent, associated, and/or subsidiary companies (collectively, “Bartech”). Application of these Terms and Conditions extends to, and the term “Website” includes, all Bartech-associated Internet sites that have links on the Website and any services and/or software on the Website. Such services and/or software may also be governed by additional and separate terms and conditions.
By using the Website, you, including any agent of yours and any company you represent while using the Website (“You”), agree to these Terms and Conditions. If You do not agree to these Terms and Conditions, You are not permitted to use the Website. Bartech may revise and/or update these Terms and Conditions from time to time, and You are responsible for reviewing these Terms and Conditions regularly. By using the Website after these Terms and Conditions have been revised and/or updated, You agree to the revised and/or updated Terms and Conditions. If You do not agree to the revised and/or updated Terms and Conditions, You are not permitted to use the Website.
Protection and Use of Website
The Website comprises various data, source code, software, designs, applications, functions, text, etc., all of which are owned by or licensed to Bartech. Any and all of the Website is protected under various laws, including but not limited to, trademark and copyright laws. No part of the Website may be copied and/or used by You in any way, except to the extent expressly permitted by these Terms and Conditions, without Bartech’s prior written consent.
By complying with these Terms and Conditions, Bartech permits You to access and use the Website in accordance with the purpose of the Website, which is to promote Bartech and its business of selling products, software, licensing, and support for the management of minibars and other in-room amenities in the hospitality industry.
You may not attempt to access or copy in any way any of the source code or any other underlying build of the Website or any part thereof. You may not attempt to gain unauthorized access or hack into any part of the Website that Bartech does not purposely and intentionally make available. You may not attempt to infect the Website or any part thereof with any virus, malware, Trojan Horse, etc. or to disrupt or interfere with the proper functioning of the Website in any other way. You may not take any action that may unreasonably traffic or burden the Website. You may not attempt to obtain any personal or otherwise confidential information through the Website in any way. You may not represent that Your identity is that of any other person or entity in relation to Your use of the Website without express, prior authorization from that other person or entity.
You may not use or act in any other illegal way under the laws of the jurisdiction where You are located, United States law, or Nevada law in relation to the Website.
Your violation of any provision in these Terms and Conditions entitles Bartech to terminate and revoke Your permission to access and use the Website for any period of time Bartech alone determines and possibly permanently.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BARTECH DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE WEBSITE AND YOUR USE OF THE WEBSITE. BARTECH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTIONS AND OMISSIONS OF THIRD PARTIES IN RELATION TO THE WEBSITE AND YOUR USE OF THE WEBSITE.
Bartech reserves the right to change the Website or any part thereof at any time or discontinue and/or shutdown the Website or any part thereof at any time, whether temporarily or permanently.
Limitation of Liability
IN NO EVENT SHALL BARTECH BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, REVENUE, DATA OR USE, DELAYS CAUSED BY THE INSTALLATION, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN THE EVENT THAT BARTECH IS FOUND LIABLE TO YOU FOR ANY DAMAGES OR LOSS ARISING OUT OF THE WEBSITE AND/OR THESE TERMS AND CONDITIONS, THE DAMAGES SHALL NOT EXCEED $100.00 IN UNITED STATES CURRENCY.
You shall indemnify and hold harmless Bartech, its parent corporation, and their officers, directors, agents, shareholders, and employees, from and against claims, including those arising in favor of or brought by Your agents, suppliers, subcontractors, sub-subcontractors, materialmen, employees, or representatives or indirectly employed by them or for whose actions they may be liable, actions or inactions related in any way to Your use of the Website or arising under these Terms and Conditions. Such obligation shall not negate, abridge, or reduce other rights or obligations of indemnity which otherwise exists.
Governing Law, Venue, and Dispute Resolution
The parties must first attempt in good faith to resolve among themselves any disputes/claims related in any way to the Website and/or these Terms and Conditions. If the parties are unable to reach a resolution within a reasonable time, the parties may submit the dispute to binding arbitration as described below. Any and all disputes/claims related in any way to the Website and/or these Terms and Conditions are governed by the laws of the State of Nevada. All disputes/claims related in any way to the Website and/or these Terms and Conditions shall be settled by binding arbitration in Las Vegas, Nevada, in accordance with the American Arbitration Association Rules or JAMS. The non-prevailing party shall pay costs of arbitration, including all reasonable attorneys’ fees, expert fees, and fees of the arbitrator. Judgment on the award rendered may be entered in any state or federal court located in Nevada or any other court in the United States having jurisdiction.
Notwithstanding the foregoing, in the event of Your unauthorized access or use of the Website in violation of these Terms and Conditions, Bartech is entitled to immediate injunctive relief in any Court of competent jurisdiction.
You are not permitted to assign any permission to use the Website to any other party for any reason. In the event that any provision of these Terms and Conditions is held at any time to be illegal, unenforceable, and/or null and void, such fact shall not affect the validity of the remaining provisions of these Terms and Conditions. Failure to insist upon strict performance of these Terms and Conditions, or a delay in exercising any remedy provided under these Terms and Conditions, shall not constitute a waiver of any rights, remedies, terms, conditions, or provisions of these Terms and Conditions. These Terms and Conditions constitute the entire agreement between You and Bartech in relation to the subject matter of these Terms and Conditions. These Terms and Conditions replace/supersede any earlier agreements that may have been made between the parties in relation to the same subject matter, except that services and/or software on the Website may be subject to additional and separate terms and conditions. No amendment or changes of any sort may be made to these Terms and Conditions except in writing, and Bartech expressly objects to any terms provided by You that are additional to or different from those provided in these Terms and Conditions.