TERMS OF USE
AGREEMENT
FOR TECHNOLOGY ENTERPRISE GROUP, INC. WEB
SITE
1. YOUR ACCEPTANCE OF THIS TERMS OF USE
AGREEMENT
This Terms of Use Agreement (“Agreement”)
is a legally binding contract made between
you and Technology Enterprise Group, Inc.
(“TEG”), a Pennsylvania corporation. This
Agreement contains the terms and
conditions that govern your use of this
web site (“Web Site”). BY ACCESSING,
VISITING, BROWSING, USING OR OTHERWISE
ATTEMPTING TO INTERACT WITH ANY PART OF
THIS WEB SITE, YOU ARE INDICATING YOUR
ACCEPTANCE OF THIS AGREEMENT AND AGREE TO
BE BOUND BY ITS TERMS AND CONDITIONS. IF
YOU DO NOT WANT TO ACCEPT THIS AGREEMENT,
DO NOT ACCESS, USE, VISIT, BROWSE, OR
OTHERWISE ATTEMPT TO INTERACT WITH ANY
PART OF THIS WEB SITE.
2. MODIFICATION OF AGREEMENT
TEG reserves the right to modify this
Agreement at any time without notice to
you. The modified Agreement will become
effective on the date it first appears on
this Web Site. The current version of the
Agreement may be reviewed by clicking the
“Terms of Use” hypertext link at the
bottom of the Web pages of this Web Site.
3. DESCRIPTION OF SERVICES
TEG provides access to you through this
Web Site of various services (“Services”),
the nature of which may change from time
to time. The Services may include access
to one or more of the following:
information, software downloads, bulletin
board services, chat areas, news groups,
online communities, personal web pages,
calendars, and other message or
communication facilities designed to
permit you to communicate with the public
at large or a specific group of persons.
All of the Services are subject to the
terms and conditions contained within this
Agreement.
4. PERSONAL AND NON-COMMERCIAL USE
LIMITATION
You agree that this Web Site and the
Services provided on it are to be used
only for your personal and non-commercial
use, except where expressly specified
otherwise within this Agreement. The
current exceptions to the personal and
non-commercial restriction are as follows:
there are no exceptions at present.
5. PRIVACY AND PROTECTION OF PERSONAL
INFORMATION
You and TEG agree that privacy and
personal information protections for this
Web Site are governed by the TEG privacy
policy (“Privacy Policy”) which may be
reviewed by clicking the Privacy Policy
hypertext link at the bottom of the Web
pages of this Web Site. You and TEG also
agree that the Privacy Policy is
incorporated by reference into this
Agreement in its entirety and constitutes
a part of this Agreement.
6. ACCESS TO THIS SITE
To access some portions of this Web Site,
you may be asked to provide certain
registration details or other information.
It is a condition of your use of this Web
Site that all the information you provide
is correct, current, and complete. Your
access may also require you to choose a
password and/or to set up an account with
TEG. You agree that you are responsible
for maintaining the confidentiality of
your password and your account. You agree
to notify TEG immediately of any
unauthorized use of your account or any
other breach of security. You agree that
TEG will not be liable for any loss you
may incur as a result of someone else
using your account, with or without your
knowledge. You also agree that you may be
liable for losses incurred by TEG or some
other person that occur because of someone
else’s use of your password or account.
7. NO UNLAWFUL OR PROHIBITED USE
You agree that you will not use this Web
Site or the Services for any unlawful
purpose or in violation of any law. You
also agree that you will not use this Web
Site or the Services in any manner which
is prohibited under this Agreement.
8. PERMITED USES
You agree that you will only use this Web
Site and the Services for lawful purposes
which are not prohibited under this
Agreement. You may only use the Services
that allow communications to other persons
to post, send, and receive messages and
material that are proper in the context of
the particular Service.
9. PROHIBITED USES
You agree that you shall not use this Web
Site or any of the Services in any manner
to do any of the following:
Damage, disable, overburden or impair the
server the Web Site is located on or any
network that is connected to the Web Site
server.
Interfere with any other person’s use or
enjoyment of the Web Site or the Services.
Attempt to gain unauthorized access to any
of the Services.
Attempt to gain unauthorized access to any
account that is not yours.
Attempt to obtain any materials or
information through this Web Site or the
Services through any means not
intentionally made available on this Web
Site or the Services.
Post, send, submit, publish, or transmit
in connection to this Web Site or the
Services any material that:
i) you do not have the right to post,
including proprietary material of any
third party, such as files containing
software or other material protected by
intellectual property laws (or by rights
of privacy or publicity);
ii) advocates illegal activity or
discusses an intent to commit an illegal
act;
iii) is vulgar, obscene, pornographic, or
indecent;
iv) does not pertain directly to this
site;
v) threatens or abuses others, libels,
defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive,
harassing, threatening or offensive;
vi) seeks to exploit or harm children by
exposing them to inappropriate content,
asking for personally identifiable details
or otherwise;
vii) harvests or otherwise collects
information about others, including e-mail
addresses, without their consent;
viii) violates any law or may be
considered to violate any law;
ix) impersonates or misrepresents your
connection to any other entity or person
or otherwise manipulates headers or
identifiers to disguise the origin of the
content;
x) falsifies or deletes any author
attributions, legal or other proper
notices or proprietary designations or
labels of the origin or source of software
or other material contained in a file that
is uploaded;
xi) advertises any commercial endeavor
(e.g., offering for sale products or
services) or otherwise engages in any
commercial activity (e.g., conducting
raffles or contests, displaying
sponsorship banners, and/or soliciting
goods or services), except as may be
specifically authorized by this Web Site
or a Service;
xii) solicits funds, advertisers or
sponsors;
xiii) includes programs that contain
viruses, worms and/or Trojan horses or any
other computer code, files or programs
designed to interrupt, destroy or limit
the functionality of any computer software
or hardware or telecommunications;
xiv) disrupts the normal flow of
dialogue, causes a screen to scroll faster
than other users are able to type, or
otherwise act in a way which affects the
ability of other people to engage in real
time activities via this Web Site of the
Services;
xv) includes MP3 format files;
xvi) is a “pyramid” or other like scheme,
contest, chain letter, or survey;
xvii) disobeys any policy or regulations
including any code of conduct or other
guidelines, established from time to time
regarding use of this Web Site or any
network connected to this Web Site; or
xviii) contains hyper-links to other web
sites that contain content that falls
within the descriptions set forth above.
Frame this Web Site.
Hyperlink to this Web Site without the
prior express written permission of TEG.
Display a name, logo, trademark, or other
means of attribution or identification of
any party in such a manner as is
reasonably likely to give a user a false
impression that such other party has the
right to display, publish, or distribute
this site or content accessible within
this Web Site or endorses or is endorsed
by TEG.
10. PROPRIETARY INFORMATION
The content of this Web Site (“Content”)
is the proprietary information of TEG or a
third party that provided or licensed the
content to TEG. Unless expressly stated
otherwise on this Web Site, the Content
may not be copied, distributed,
republished, uploaded, posted, or
transmitted in any way without the prior
written consent of TEG, except that you
may print out a copy of the Content solely
for your personal use. In doing so, you
may not remove or alter, or cause to be
removed or altered, any copyright,
trademark, trade name, service mark, or
any other proprietary notice or legend
appearing on any of the content. Any
modification or use of the Content, except
as expressly provided in this Agreement,
violates TEG's intellectual property
rights. Neither title nor intellectual
property rights are transferred to you by
your access to or use of this site.
11. HYPER-LINKS
You understand and agree that all
hyper-links contained on this Web Site or
through which this Web Site is accessible
are to be used at your own risk. TEG
makes no representations or warranties
about the content, completeness, or
accuracy of any hyper-link or of any site
hyper-linked from or to this Web Site.
TEG provides hyper-links on this Web Site
as a convenience, and the inclusion of any
hyper-link to a third-party site does not
necessarily imply endorsement or
sponsorship by TEG of that site or any
association of TEG with its owner or
operator nor does it necessarily imply
endorsement or sponsorship by the owner or
operator of a third party web site of TEG
or of this Web Site. TEG does not warrant
that it has reviewed any or all of the web
sites hyper-linked to or from this Web
Site. You agree that TEG is not
responsible for the content of any of such
web sites or for any form of transmission
emanating from any them.
12. ENFORCEMENT OF THIS AGREEMENT
You agree that TEG has the right to
monitor the use of this Web Site to
determine compliance with this Agreement.
You also agree that TEG has the right to
prevent access by you of this Web Site and
the Services without notice if you violate
any of the terms and conditions of this
Agreement. You also agree that TEG has the
right to take any action that, in TEG’s
sole judgment, is necessary to remedy a
breach of this Agreement, including the
right to remove any material you may have
posted or attempted to post. You also
agree that TEG has the right to disclose
any information necessary to satisfy any
applicable law, regulation, legal process
or governmental request, or to edit,
refuse to post or to remove any
information or materials you post or
attempt to post, in whole or in part, in
its sole discretion.
13. TEG’S RIGHT TO USE YOUR
SUBMISSIONS
You hereby grant to TEG a royalty-free,
perpetual, irrevocable, worldwide,
non-exclusive right and license to use,
reproduce, modify, adapt, publish,
translate, create derivative works from,
distribute, perform, and display all
content, remarks, suggestions, ideas,
graphics, or other information
communicated by you to TEG through this
Web Site or the Services (together,
“Submissions”), and to incorporate any
Submission in other works in any form,
media, or technology now known or later
developed. You also agree that TEG is not
be required to treat any Submission from
you as confidential, and that TEG may use
any Submission from you in its business
(including without limitation, for
products or advertising) without incurring
any liability to you for royalties or any
other kind of consideration. You also
agree that TEG will not incur any
liability as a result of any similarities
that may appear in future TEG operations
to your Submissions. TEG agrees that it
will treat any personal information that
you submit through this site in accordance
with its Privacy Policy, which may be
reviewed by clicking the Privacy Policy
hypertext link at the bottom of the Web
pages of this Web Site.
You agree that TEG will not owe to you any
compensation for any Submission that you
make. You also agree that TEG is not under
any obligation to post or use any
Submission that you make and TEG has the
right to remove, at its sole discretion,
any Submission that you make to the Web
Site or to the Services.
14. YOUR RESPONSIBILITY FOR YOUR
SUBMISSIONS
You agree that you are solely responsible
for the content of any Submission that you
communicate to TEG through this Web Site
or the Services. You warrant and
represent for any such Submission made by
you that you own or otherwise control all
of the rights in and to the Submission
necessary for you to legally provide,
post, upload, input, or submit the
Submission and for you to legally grant to
TEG the rights and licenses described in
Section 13 above.
You agree that any Submission from you may
be subject to limits on use, reproduction
and/or dissemination and that you are
responsible for abiding by such
limitations which may be posted on this
Web Site or the Services with respect to
your Submissions.
15. DISCLAIMER BY TEG
You understand that TEG does not guarantee
or warrant that files that are available
for downloading from this Web Site or the
Services or the Internet will be free of
viruses, worms, Trojan horses or other
code that may manifest contaminating or
destructive properties. You agree that you
are solely responsible for implementing
sufficient procedures and checkpoints to
satisfy your particular requirements for
data and computer security and for the
accuracy of data input and output, and for
maintaining a means external to this Web
Site and the Services for any
reconstruction of any lost data. You
agree that TEG does not have any
responsibility or risk for your use of the
Internet or this Web Site.
You also agree that TEG does not guarantee
or warrant that the Content of this Web
Site or the Services (“Content”) are
necessarily complete and up-to-date. You
also agree that such Content is not be
used to replace any written reports,
statements, or notices provided by TEG.
YOU AGREE THAT YOUR USE OF THIS WEB SITE
AND THE SERVICES IS AT YOUR OWN RISK AND
THAT THE CONTENT IS PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED.
TEG DISCLAIMS ALL WARRANTIES, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE,
OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
TEG DOES NOT WARRANT THAT THE FUNCTIONS OR
CONTENT CONTAINED IN THIS WEB SITE OR THE
SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEB SITE OR THE
SERVICES OR THE SERVER THAT MAKES THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
TEG DOES NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING USE, OR THE
RESULT OF USE, OF THE CONTENT OF THIS WEB
SITE OR THE SERVICES IN TERMS OF ACCURACY,
RELIABILITY, OR OTHERWISE.
YOU AGREE THAT THE CONTENT OF THIS WEB
SITE OR THE SERVICES MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS, AND
TEG MAY MAKE CHANGES OR IMPROVEMENTS AT
ANY TIME.
YOU AGREE THAT YOU ALONE ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION IN THE EVENT OF ANY LOSS OR
DAMAGE ARISING FROM THE USE OF THIS WEB
SITE, THE SERVICES, OR THEIR CONTENT.
TEG MAKES NO WARRANTIES THAT YOUR USE OF
THE CONTENT OF THIS WEB SITE OR THE
SERVICES WILL NOT INFRINGE THE RIGHTS OF
OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN
SUCH CONTENT.
You agree that all of the information in
this Web Site, whether historical in
nature or forward-looking, speaks only as
of the date the information is made
available on this Web Site or the
Services, and TEG does not undertake any
obligation to update such information
after it is posted or to remove such
information from this site if it is not,
or is no longer accurate or complete.
16. LIMITATION ON LIABILITY
YOU AGREE THAT TEG, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS WILL NOT BE LIABLE
FOR ANY INCIDENTAL, DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING
LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF TEG HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOU
AGREE THAT IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF TEG AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT, OR OTHERWISE) EXCEED
THE GREATER OF $100 OR THE AMOUNT YOU HAVE
PAID TO TEG FOR THE APPLICABLE CONTENT OR
SERVICE OUT OF WHICH LIABILITY AROSE.
17. INDEMNITY
You agree that you will indemnify and hold
TEG, its subsidiaries, affiliates,
licensors, content providers, service
providers, employees, agents, officers,
directors, and contractors (the
“Indemnified Parties”) harmless from any
breach of this Agreement by you, including
any use of content other than as expressly
authorized in this Agreement. You agree
that the Indemnified Parties will have no
liability in connection with any such
breach or unauthorized use, and you
further agree to indemnify the Indemnified
Parties against any and all resulting
loss, damages, judgments, awards, costs,
expenses, and attorneys' fees of the
Indemnified Parties in connection
therewith. You also agree that you will
also indemnify and hold the Indemnified
Parties harmless from and against any
claims brought by third parties arising
out of your use of the information
accessed from this Web Site or the
Services.
18. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and
copyrighted works appearing in the Web
Site or the Services are the property of
TEG or the party that permitted the use of
the trademarks, services marks, logos, and
copyrighted works on this Web Site or the
Services. TEG or the party that permitted
the use of the trademarks, service marks,
logos, and copyrighted works on this Web
Site or the Services retain all rights
with respect to any of their respective
trademarks, service marks, logos, and
copyrighted works appearing in the Web
Site or the Services.
19. COPYRIGHT NOTICE
© 2011 Technology Enterprise Group, Inc.
All rights reserved.
20. COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code,
Section 512(c)(2), if you believe that
your work has been copied in a way that
constitutes copyright infringement, please
provide TEG's copyright agent the written
information specified below. Please note
that this procedure is exclusively for
notifying TEG and its affiliates that your
copyrighted material has been infringed.
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 upon;
A description of where the material that
you claim is infringing is located on the
Web Site;
Your address, telephone number, and e-mail
address;
A statement by you that you have a
good-faith belief that the use of your
copyrighted work 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 you
are providing to TEG is accurate and that
you are the owner of the copyright that is
being infringed or that you are
authorized to act on such owner's behalf.
TEG's Copyright Agent for notice of claims
of copyright infringement on its site can
be reached as follows:
Copyright Agent:
Technology Enterprise Group, Inc.
P.O. Box 564
Harmony, PA 16037
Phone: 724-368-4500
Email: information@teginc.com
21. SECURITY
You agree that any passwords used for this
Web Site are strictly for your own
individual use. You also agree that you
will be solely responsible for the
security of any password your password, if
any, and that TEG will be entitled to
monitor your password and, at its
discretion, require you to change it. You
agree that if you use a password that TEG
considers insecure, TEG will be entitled
to require you to change the password
and/or to terminate your account.
You agree that if you become involved in
any violation of system security of this
Web Site, TEG has the right to release
information about you and your use of the
Web Site and the Services to system
administrators at other web sites in order
to assist them in resolving security
incidents You also agree that TEG has the
right to investigate suspected violations
of this Agreement by any means that TEG,
at its sole discretion, finds to be
appropriate.
You further agree that TEG has the
right to fully cooperate with any law
enforcement authorities or court order
requesting or directing TEG to disclose
the identity of anyone, including you, who
has or is posting any e-mail messages, or
has or is publishing or otherwise making
available any materials that are believed
to violate this Agreement.
YOU ALSO AGREE THAT YOU WAIVE AND HOLD
HARMLESS TEG FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY TEG DURING OR AS
A RESULT OF ITS INVESTIGATIONS AND/OR FROM
ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER TEG OR LAW
ENFORCEMENT AUTHORITIES.
22. YOUR REMEDIES
You agree that your sole remedy for any
breach of this Agreement by TEG is for you
to discontinue accessing, visiting,
browsing, and using this Web Site and the
Services.
23. MISCELLANEOUS
You agree that this Agreement is governed
by and is to be interpreted pursuant to
the laws of the Commonwealth of
Pennsylvania, United States of America,
notwithstanding any principles of
conflicts of law.
You specifically consent to personal
jurisdiction in Pennsylvania in connection
with any dispute between you and TEG
arising out of this Agreement or
pertaining to the subject matter hereof.
You also agree that the exclusive venue
for any dispute between the parties
arising out of this Agreement is the state
court in Butler, Pennsylvania and the
federal courts in Pittsburgh,
Pennsylvania.
You agree that if any part of this
Agreement is determined by a competent
court to be unlawful, void or
unenforceable, that part will be deemed
severable and will not affect the validity
and enforceability of any remaining
provisions.
You agree that no joint venture,
partnership, employment, or agency
relationship exists between you and TEG as
a result of this Agreement or your use of
the Web Site or the Services.
You agree that this Agreement constitutes
the entire agreement between you and TEG
relating to the subject matter of this
Agreement and that this Agreement
supersedes or supplants all prior or
contemporaneous communications and
proposals, whether electronic, oral or
written between you and TEG with regard to
such subject matter.
You agree that a printed version of this
Agreement and of any notice given in
electronic form under this Agreement shall
be admissible in judicial or
administrative proceedings based upon or
relating to this Agreement to the same
extent and subject to the same conditions
as other business documents and records
originally generated and maintained in
printed form.
You agree that all rights granted by you
under this Agreement to TEG may be
assigned or otherwise conveyed by TEG at
any time without notice to you. You also
agree that any obligations and duties that
TEG has under this Agreement may be
assigned or otherwise conveyed by TEG at
any time without notice to you.
You agree that no obligation or duty that
you have under this Agreement and no right
or license that you receive under this
Agreement may be assigned or transferred
by you to any other person.
24. RESERVATION OF RIGHTS BY TEG
All rights in and to this Web Site and the
Services not expressly granted herein to
you are reserved by TEG.