User Agreement

This Agreement describes the terms and conditions applicable to your (referred to in these Terms as "You" or "Your") use of our services at www.ProMotive.com ("Site") to review and purchase items using the Site. Unless otherwise set forth in this Agreement, your use of the Site and the Services provided by ProMotive.com and any information that you post on the Site is subject to and governed by this User Agreement and our Privacy Policy, which are incorporated into this Agreement by this reference. ProMotive.com may modify this Agreement by posting the modifications on the Site, and such changes will be effective immediately upon posting.

Your ProMotive.com membership is for your personal use only.

1. Eligibility

Our services are available only to member companies or individuals who are legal residents of the United States and Canada and who can form legally binding contracts under applicable law. If you do not qualify, you may not use our services.

2. Fees and Services

Certain fees may apply to the Services offered by ProMotive.com on the Site. Additionally, there may be special fees associated with promotional events and opportunities that will appear on the page(s) representing these programs. Unless otherwise stated, all fees and/or commissions are quoted in either U.S. Dollars. You are responsible for paying all fees and commissions associated with using our service and our website and all applicable taxes.

3. Buying

Any purchase you make on the Site is a transaction made solely between you and ProMotive.com. By entering an order on ProMotive.com you are entering into a legally binding purchase order with ProMotive.com, governed by this User Agreement as listed on each catalog of products and services. By using the Site, you represent and warrant that you have the legal right and the ability to place the orders and to purchase and pay for the products that you order on the Site.

4. Refund and Warranty Policy

Due to the unique characteristics of Specialty Sales, please note that ALL SALES ARE FINAL. Please be sure of your product selection, including size, color, and any or all options. Please review Supplier's Terms and Conditions for additional supplemental warranty/exchange information before you make a purchase. Suppliers posted policies which appear on the pages of the Site containing the Supplier's catalog will apply to your purchase. ProMotive.com does not accept returned product, and assumes no responsibility for products sent to us or anyone else for any reason. All product returns for defects or mis-shipments must be approved prior by ProMotive.com. ProMotive.com assumes no responsibility whatsoever nor any liability in connection with your use of the products or services that you purchase on the Site.

5. Supplier's Information and Products

We do not control the quality, safety or legality of the Suppliers' products and services offered on the Site, the truth or accuracy of the listings, the ability of Suppliers to deliver products and services or the ability of buyers to purchase, pay for and accept delivery of products and services offered for sale on the Site. Please use caution and common sense when using our site. We cannot ensure that a Supplier can ship an order, or that the products and services will comply with the descriptions posted on the Site, or that the products and services will be suitable for any particular purpose or function.

6. User Authentication

User authentication on the Internet is difficult. While BroForm attempts to validate each buyer's and each Supplier's purported identity and qualifications before, during and after activating their accounts, we cannot ensure the accuracy of Buyer or Supplier information or identification. If you become aware of any false, misleading, deceptive or offensive information on the Site, please notify us at info@ProMotive.com. We intend to investigate all complaints in connection with the foregoing. Users that violate our User Agreement and/or fail to address abuse issues or concerns may have their accounts suspended at ProMotive.com's discretion. You may report violations of the User Agreement and/or this Agreement to info@ProMotive.com.

7. Copyrights and Trademarks of ProMotive.com

The ProMotive.com marketplace website is created by the independent selection, analysis and compilation of ProMotive.com and is protected by copyright law. Except as specified here, no portion of the ProMotive.com website may be reproduced, distributed or altered without the prior written consent of ProMotive.com. The content and software on this Site is the property of ProMotive.com and/or its suppliers and is protected by U.S. and international copyright laws. ProMotive.com and the ProMotive.com logos are service marks of 3point5, Inc.

8. Prohibited Content

In any instance that you contribute information or content to the Site, you must comply with our Copyright Policy. The Content must be truthful, accurate and complete. The following is a partial list of the kind of Content which is illegal or prohibited on the Site or via email accessed through the Site. It includes Content that:

Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Is or could be harmful to minors;
Harasses or advocates harassment of another person;
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming", sending unsolicited and/or unauthorized email to third parties.
Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous;
Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
Displays pornographic material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone's privacy; providing or creating computer viruses;
Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
Engages in commercial activities and/or sales without Broform's prior written consent such as contests, sweepstakes, barter, pyramid schemes, etc.

9. Violation of the Terms

You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the Site, to any services offered on the Site, and remove any unauthorized Content, if we believe that the Content you provided has violated or is inconsistent with this User Agreement, or with the intention behind them, or that you have violated the rights of Broform, another User or the law. We may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

10. Copyright Policy

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 our Site; your address, telephone number, and email address; a written 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 the copyright owner's behalf.

Broform Copyright Agent for Notice of claims of copyright infringement can be reached as follows: info@ProMotive.com.

11. Disclaimer

ProMotive.com does not promise that the Site or any services offered on the Site will be error-free or uninterrupted, or that the use of the Site or any content, search or link on it will provide any specific results. The Site and its contents are provided on an "as-is" and "as-available" basis. ProMotive.com cannot ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination or other destructive features. ProMotive.com disclaims all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. ProMotive.com is not liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive and consequential damages. Use of this Site is void where prohibited by law.

12. Disputes

By using the Site, you agree that any dispute regarding the Site will be governed by the laws of the State of Utah without regard to the State's conflict-of-law provisions. You also agree to personal jurisdiction by and venue in the State and Federal courts of the State of Utah, County of Salt Lake.

13. Indemnity

By using this site, you agree to indemnify and hold ProMotive.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site, including providing a link to another site or uploading any content to the Site.