TERMS OF USE
 

TERMS OF USE AGREEMENT

FOR NATIONAL MODEL 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

© 2009 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.