1. Acceptance of Agreement
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration forms (such information being the “Client Data”) and (b) maintain and promptly update the Client Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TCU has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TCU has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. Description of Services
The Site and affiliated web pages owned by TCU, or an authorized third party, provides users with information concerning TCU's products and services (“Services”).
3. Modifications to Services
TCU reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that TCU will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
4. Products, Services, Rates or Fees
TCU reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the product or service descriptions, rates or fees without prior notice. TCU endeavors to provide content on the Site and affiliated sites that is current and accurate. Errors and misprints may occur. TCU reserves the right to reject, correct, cancel or terminate any order for products and services for which the price was incorrectly displayed or where TCU displayed erroneous or inaccurate information. TCU reserves this right at any stage of ordering processing, including after an order has been submitted. TCU is not obligated to sell products or services based on errors or misprints on our website.
6. Authorized use of Materials on Website
All information and material and content published or accessible through the Site is protected by copyright, trademark and other intellectual property and proprietary rights and laws. All such website content (“Content”) is copyright of TCU, except where indicated otherwise. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trade-marks owned by TCU or third parties and may not be used without permission. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any information or services obtained from the Site without proper authority from TCU, except as expressly stated above.
7. Posting Content
When interacting with TCU via this Internet Site, you agree to provide true and accurate information. Further, you understand that providing confidential information via email or public discussion boards on this, or any other Web site is an unsafe practice. You understand that you are solely responsible for the content you transmit over the internet using this Internet Site provided by TCU.
8. Links to Third Parties
Links to third-party websites from the Site are meant for convenience only. TCU does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other site is at your own sole risk and TCU will not be responsible or liable for any damages associated with linking.
TCU and its employees, agents, affiliates, partners and suppliers provide all Content and Services available through the TCU and its affiliates websites “as is”, without warranties, representations and conditions of any kind, whether express or implied. TCU makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, the Services, or of any Content the site. The website, the Content, and the Services are provided to you strictly on an “as is” basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the website, the Content, and the Services, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third party rights, are disclaimed to the maximum extent permitted by applicable law by TCU.
10. Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall TCU, nor any of its partners, associates, employees, agents, successors, assigns, affiliates, or content or service providers be liable to you or any other site user or any third party for any damages of any kind, including without limitation loss of profits or other economic loss, or for any direct, indirect, exemplary, incidental, punitive, special or consequential damages, even if advised of the possibility of such damages, arising out of the posting or non-posting of documents and information, the design, functionality or use of the website, the reliance on any statement or advice from any other user of the website, or inability to gain access to or use the website or any part thereof or to any documents and information, or out of any breach of any warranty, express or implied.
12. Severability of Clauses
13. Entire Agreement
The Terms, and any application Additional Terms or other terms herein incorporated by reference, constitute the entire agreement between you and TCU, and govern your use of the Site, Content and the Services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain TCU services, affiliate services, third-party content or third-party software.
The failure of TCU to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
This Agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. TCU may transfer this agreement to a third party without notice to you.
16. No Third-Party Rights
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
17. Forum Choice