These Website Terms and Conditions of Use (these “Terms of Use”) govern your use of the website located at www.brophy.com (the “Site”), which is owned and operated by Brophy Marketing Services (“Brophy,” “we,” “us,” or “our”). Please read the Terms of Use carefully, as your use of the Site constitutes your agreement to be bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use the Site. Please access our Privacy Notice for terms relating to our treatment of your privacy and personal information.
We may modify these Terms of Use at any time, in our sole discretion, with or without notice to you, by posting revised Terms of Use on the Site. Your continued use of the Site after we have posted a modified version of the Terms of Use constitutes your binding acceptance of such revised Terms of Use.
Use of the Site
Use of Site is restricted to Brophy and its authorized users. Unauthorized use of the Site and systems, including, but not limited to, unauthorized entry into Brophy’s systems, misuse of passwords, or misuse of any information within Brophy’s systems or websites, is strictly prohibited. All information and data acquired from Brophy’s websites and systems shall be confidential and proprietary to Brophy and its authorized users. Such information and data shall be used only as authorized by Brophy and shall not be disclosed or caused to be disclosed to any third party without written authorization from Brophy.
Although Brophy has tried to provide accurate and timely information, the content of this Site may not be accurate, complete or current and may include technical inaccuracies or typographical errors. From time to time changes may be made to the content of this Site without notice. Brophy may change the products, services, and any other information described on this Site at any time. The information published on this Site is provided as a convenience to visitors and is for informational purposes only. You should verify all information before relying on it, and decisions based on information contained in our Site are your sole responsibility.
Brophy controls and maintains this Site from the United States of America and makes no representation that materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws.
Brophy reserves the right to monitor this Site to ensure proper working order, appropriate use, the security of data, and to retrieve contents of any user communications in these systems.
All of the information on this Site, including all images, is copyrighted material of Brophy, except as otherwise indicated. You may not copy, download, republish, distribute or reproduce any of the information contained on this Site in any form without the prior written consent of Brophy, unless otherwise indicated.
Links to this Site are not permitted without the prior consent of Brophy.
Prohibited Uses
Users of this Site agree not to place any information or content on this Site that, in Brophy’s sole determination, is fraudulent, false or misleading, harassing, illegal, abusive or threatening, infringing of the copyrights and trademarks of others, sexually explicit, obscene or pornographic, defamatory or libelous, and/or may be harmful to minors.
The technology, processes, and software underlying this Site are the property of Brophy, our affiliates and our partners, and/or Brophy’s licensors. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our Site. You agree not to modify the software underlying our Site in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Site.
Users of the Site may not upload any destructive programs such as viruses and/or self-replicating codes or take any other actions to harm this Site. Unauthorized attempts to circumvent data security schemes, identify or exploit security vulnerabilities, or decrypt secure data are prohibited.
Users of this Site may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this Site.
Users of this Site may not solicit passwords or other personal information from any other users of this Site. Attempting to monitor, read, copy, change, delete, or tamper with another user’s electronic communications or data without his express authorization is prohibited.
Knowingly or recklessly running or installing (or causing another to run or install) a program (such as a "worm" or "virus") intended to damage or place an excessive load on the Site or Brophy’s network is prohibited and will be prosecuted to the fullest extent of the law.
For Site security purposes Brophy employs software programs which monitor network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage. Unauthorized attempts to upload or change information are strictly prohibited, and may be punishable under various computer crime laws (such as the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Act).
Forging the source of electronic communications, altering system data used to identify the source of messages or otherwise obscuring the origination of communications is prohibited.
Violations of the Terms of Use
You understand and agree that Brophy may, in its sole discretion, with or without prior notice, terminate your access to the Site and/or exercise any other available remedy if we determine that you have violated (i) any provision of the Terms of Use; (ii) Brophy’s rights; (iii) the rights of third parties or (iv) any applicable laws or regulations. You acknowledge and agree that monetary damages may not adequately compensate Brophy for your non-compliance with the Terms of Use, and you, therefore, consent to injunctive or other equitable relief in the case of such violations. You further agree that Brophy may release certain information about you if we are required to do so by applicable laws or a valid subpoena.
Disclaimer of Warranties
BROPHY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. BROPHY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. BROPHY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. BROPHY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND BROPHY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE, AND BROPHY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL BROPHY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE, EVEN IF BROPHY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Email and Other Requests for Information Online
Messages that you send to us by email may not be secure. We recommend that you do not send any confidential information to us by email. If you choose to send any confidential information to us via email, you accept the risk that this information may be intercepted by a third party.
Copyright & Trademarks
© 2012-2019 Brophy Marketing Services. All rights reserved. All of the content included on www.brophy.com (the "Site"), including the text, graphics, logos, icons, screens and configurations, is the property of Brophy Marketing Services ("Brophy") or its licensors or clients, and is protected by U.S. and international copyright and trademark laws. Brophy owns the copyrights in the selection, coordination, and arrangement of the materials on this Site. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.
All software used in the operation of this Site is the property of Brophy or its software suppliers and is also protected by U.S. and international copyright laws. All Business processes and methods used in the operation of this Site are the property of Brophy or its suppliers. Users do not acquire any ownership rights by printing or downloading any information or by using this Site. Any use of the content, software, and/or business processes and methods on this Site other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating, reverse engineering, or public exhibition, is strictly prohibited.