TEQWARE™ | Terms Of Use, Privacy Policy, Disclaimer
Web Site Terms and Conditions of Use
YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE OUR SITE.
1. Terms
By accessing this web site herein also named "Site", "TEQWARE.com", "TEQWARE" or "Website", you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
All services provided by TEQWARE ("TEQWARE.com") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless TEQWARE from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to TEQWARE' servers, or any other server on the Internet. Links to such materials are also prohibited.
Information and pricing contained herein is deemed accurate, but no warranty is expressed nor implied. All prices listed, given or quoted are subject to change without notice to you. Any information communicated by phone, print, or email from TEQWARE to potential or existing customers ("You"), will be treated as confidential. This is includes any information given to "You" as advice, suggestions, or other from a consultation. "You" may not share any consultation information provided to you to other's for the purpose of website design, web advertising, internet advertising, or other online personal or commercial media design.
2. Intellectual Property Rights
Copyright
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright laws, all rights reserved. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission.
Trademark
All product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of the site owner in the United States, or its affiliates or other companies under common ownership or control (the "Marks"). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
Proprietary or trademark rights in relation to the word or phrase "TEQWARE" is established through actual use and hereby trademarked. All rights reserved.
3. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on TEQWARE's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on TEQWARE's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. You may not, without our prior written permission, frame of iframe any material contained on this Site on any other server. The unauthorized use of any such material on any other Web site or computer environment is expressly prohibited.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by TEQWARE at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Disclaimer
The materials on TEQWARE's web site are provided "as is". TEQWARE makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TEQWARE does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
TEQWARE cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by TEQWARE are resold. Thus, certain equipment, routing, software and programming used by TEQWARE are not directly owned or written by TEQWARE. Moreover, TEQWARE holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as TEQWARE sees fit.
TEQWARE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.
TEQWARE reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
4a. Our Service
Our website services provided to you on and through our web site are on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
TEQWARE cannot guarantee that our products and services provided to you will be compatible for a specific use and are provided on an "AS IS", as available basis and are used at your own risk. This also includes the use of code, design, third-party software's, Content Management Systems, eCommerce systems, and Javascripts. No warranties related to TEQWARE's products or services are made, including but not limited to warranties of merchantability or fitness for a particular purpose. TEQWARE also makes no warranties that your products or services will not be interrupted or will be error free. TEQWARE does not guarantee that any specific results can be obtained by using its products or services. No kind of advice or information, written or oral, given by TEQWARE, owner or agent can be viewed as a warranty of any kind. In no event shall TEQWARE be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products or services.
TEQWARE (collectively “we”) reserve(s) the right to deny or refuse service to any person at any time without cause or notification.
4b. Late Payment(s) & Fees
If payment arrangements are needed, TEQWARE would be happy to discuss this with you. In order to ensure service to our customers, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of completion of service(s). If an amount remains delinquent 30 days after its completion date, an additional 5% penalty will be added for each month of delinquency. TEQWARE reserves the right to remove web pages or other content created from viewing on the Internet until final payment is made. Where collection proves necessary, you agree to pay all fees incurred by that process.
5. Limitations
In no event shall TEQWARE or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on TEQWARE's Internet site, even if TEQWARE or a TEQWARE authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
TEQWARE shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from TEQWARE' servers going off-line or being unavailable for any reason whatsoever. Furthermore, TEQWARE shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of TEQWARE ' servers. All damages shall be limited to the immediate termination of service.
6. Revisions and Errata
The materials appearing on TEQWARE's web site could include technical, typographical, or photographic errors. TEQWARE does not warrant that any of the materials on its web site are accurate, complete, or current. TEQWARE may make changes to the materials contained on its web site at any time without notice. TEQWARE does not, however, make any commitment to update the materials.
7. Links
TEQWARE has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TEQWARE of the site. Use of any such linked web site is at the user's own risk.
8. Site Terms of Use Modifications
TEQWARE may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9. Governing Law
Any claim relating to TEQWARE's web site shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.