|
| |
Website Terms Of Use
TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY
ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU
AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF
THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED
PAGES OR MATERIALS.
This Website (the “Site”) is owned and operated by TEN Solutions. The pages and
materials contained on this Site are the property of TEN Solutions or are owned
by a third party and are used by TEN Solutions under license. TEN Solutions
reserves the right at its sole discretion to change, modify, add, or remove any
portion of this Site or these Terms, in whole or in part, at any time and for
any reason. Changes to these Terms will be effective when posted. You agree to
review these Terms periodically to be aware of any changes. Your continued use
of this Site after any changes to the Terms will be considered acceptance of
those changes. These Terms govern your use of this Site. In the event that you
do not comply with these Terms, TEN Solutions may, its sole discretion and
without notice, block or restrict your access to this Site and/or pursue legal
action against you for any alleged or actual violation of these Terms or
governing law.
INDEMNITY AND LIMITATIONS OF DAMAGES
You agree to indemnify, defend and hold harmless TEN Solutions, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Site against any and all losses, expenses, damages
and costs, including reasonable attorneys’ fees, incurred in relation to,
arising from, or for the purpose of avoiding, any claim or demand from a third
party that your use of the Site violates these Terms, any applicable law or
regulation, or the rights of any third party.
IN NO EVENT SHALL TEN SOLULTIONS OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, SUBSIDIARIES, 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 OR ANY LINKED WEBSITE, EVEN IF ADT IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
PERMITTED USE
Any person is hereby authorized to view the information available on the Site
for informational purposes only. However, the text and images resident on this
Site may not otherwise be copied, modified, distributed, reproduced or reused
without the express written permission of TEN Solutions. TEN Solutions reviews
each request on a case by case basis.
Please direct any inquiries related to use of the materials on this site to:
TEN Solutions
Law Department — Copyright Permission Requests
445 S. Maple Grove #12
Boise, ID 83709
Please provide a cover letter explaining your proposed use.
LINKING TO THE SITE
LINKING TO THE ADT SITE INDICATES THAT YOU ACCEPT ADT’S TERMS OF USE AND
LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO
NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO
THIS SITE.
If you link to any of TEN Solutions website, you agree that you:
-
Will not
replicate any TEN Solutions Site content;
-
Will not
frame or otherwise create a browser or border environment around TEN Solutions
Site content;
-
Will not
imply that TEN Solutions is endorsing you, your company or business, your web
site or its contents, your products, or your services;
-
Will not
misrepresent you or your website's relationship with TEN Solutions;
-
Will not
present false, misleading or inaccurate information about TEN Solutions, TEN
Solutions' products or services, or any of TEN Solutions' affiliates or their
products or services;
-
Will not
disparage TEN Solutions, TEN Solutions' products or services, or any of TEN
Solutioins' affiliates or their products or services;
-
Will not
use TEN Solutions' trademarks, logos, or copyrighted materials without first
receiving express prior written permission from TEN Solutions.
-
Will not
include content on your site that is or could be construed as illegal,
distasteful, offensive, or controversial and will include on your site only
content that is appropriate for all age groups;
-
Will not
link to an internal page of this Site that is located one or several levels
down from the home page or bring up or present content of this site on another
site without TEN Solutions' prior written permission.
LIMITED LICENSE
TEN SOLUTIONS grants you a non-exclusive, non-transferable, limited right to
access, use and display this Site and the materials thereon; provided, however,
that you comply with these Terms. [see PERMITTED USE] You agree not to disrupt,
interrupt or attempt to interrupt the operation of the site in any way. You
agree not to change or delete any proprietary notice from materials downloaded
from the Site. You agree to comply with all trademark, copyright and other laws
worldwide in your use of this Site and to prevent any unauthorized copying of
the materials and information contained on this Site. Except as expressly
provided herein, TEN SOLUTIONS does not grant any express or implied right to
you under any patents, trademarks, copyrights or trade secret information. [see
INTELLECTUAL PROPERTY]
DISCLAIMER
TEN SOLUTIONS 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. TEN SOLUTIONS 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. TEN SOLUTIONS RESERVES
THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY
PORTION OF THE SITE. TEN SOLUTIONS 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
TEN SOLUTIONS 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 ADT 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.
THIRD PARTY SITES
Some links on this Site may cause you to leave the TEN Solutions Site. If you
decide to visit any linked site, you do so at your own risk and it is your
responsibility to take all protective measures to guard against viruses or other
destructive elements. TEN Solutions does not control the linked sites and is not
responsible for their contents. These links are provided to you for your
convenience and the inclusion of the link does not imply endorsement of the site
by TEN Solutions. TEN Solutions makes no warranty or representation regarding
any linked sites or the information appearing thereon or any of the products or
services described thereon. Links do not imply that TEN Solutions is affiliated
or associated with, or is legally authorized to use any trademark, trade name,
logo or copyright symbol displayed in or accessible through the links, or that
any linked site is authorized to use any trademark, trade name, logo or
copyright symbol of TEN Solutions or any of its affiliates or subsidiaries.
GOVERNING LAW
This Site is operated and administered from within the United States of America
(“U.S.”). Use of this Site shall be governed by all applicable Federal laws of
the U.S. and the laws of the State of Idaho, without giving effect to its
conflict of law’s provisions. You agree to submit to the jurisdiction of the
courts located in the State of Florida, for the resolution of all disputes
arising from or related to these Terms and/or your use of the Site.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between TEN Solutions and you (the
“Agreement”) with respect to your use of the Site. Any cause of action you may
have with respect to your use of the Site must be commenced within one (1) year
after the claim or cause of action arises. If for any reason a court of
competent jurisdiction finds any provision of the Terms, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to
effect the intent of the Agreement, and the remainder of this Agreement shall
continue in full force and effect.
INTELLECTUAL PROPERTY
The trademarks, trade names, logos, service marks, trade dress and products
(collectively the “Trademarks”) displayed on the Site are registered and
unregistered Trademarks of TEN Solutions and others. The trademarks, trade
names, logos, service marks, trade dress and products in this Site are protected
in the United States and internationally.
Nothing contained on the Site should be construed as granting, by implication,
estoppels, or otherwise, any license or right to use any Trademark displayed on
the Site without the written permission of TEN Solutions or such third party
that may own the Trademarks displayed on the Site. Your use of the Trademarks
displayed on the Site, or any other content on the Site, except as provided in
these Terms, is strictly prohibited. You are also advised that TEN Solutions
will aggressively enforce its intellectual property rights to the fullest extent
of the law, including the seeking of criminal prosecution.
The materials of this Site are protected by Copyright and Trademark Laws of the
U.S. and other countries and are owned by, or licensed to TEN Solutions. All
content of this Site is owned or controlled by TEN Solutions. You may download
content only for your personal use for non-commercial purposes but no
modification or further reproduction of the content is permitted. The contents
of the Site, including any images, text, executable code, and layout design may
not be distributed, reproduced, publicly displayed, downloaded, modified,
reused, re-posted, or otherwise used except as provided herein without the
express prior written permission of the TEN Solutions Legal Department.
TEN Solutions maintains this Site for your personal information, education, and
communication. Please feel free to browse the Site. You may download material
displayed on the Site for personal, noncommercial use only provided you also
retain all copyright and other proprietary notices contained on the materials.
You may not, for any reason, distribute, modify, duplicate, transmit, reuse,
re-post, or use the content of the Site for public or commercial purposes,
including the text, images, audio, and video without TEN SOLUTIONS' prior
written consent. [See PERMISSION]
COPYRIGHT © 2007 TEN SOLUTIONS. ALL RIGHTS RESERVED.
Copyright in the pages of this website and in the screens displaying the pages,
and in the material contained therein and in their arrangement, is owned by TEN
SOLUTIONS, and/or its affiliates, unless otherwise indicated. In addition, the
materials contained on this web site may be TEN SOLUTIONS. Proprietary and/or
Trade Secret information and may not be copied, compiled, or distributed without
the prior written consent of TEN SOLUTIONS.
TRADEMARKS
TEN SOLUTIONS and the TEN SOLUTIONS logo are registered trademarks of TEN
SOLUTIONS Services, and are used under license. All other trademarks are the
property of their respective owners.
|
