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Welcome to the Technology on Premises, Inc. web Site on the World Wide Web at www. topitservice.com (referred to as the "Site"). Please review the following basic rules (the "Terms") carefully because they govern your use of the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, do not access or otherwise use this Site or any content (defined below) contained on the Site. Changes to these Terms These Terms may be revised at any time. Technology on Premises will display a notice when these Terms have been revised. Your continued use of the Site after the notice appears constitutes your acceptance of the revised Terms. License & Ownership Restrictions All text, graphics, audio clips, videos, logos, icons, links, images, documents, products, services and information on this Site (the "Content") are provided to you by Technology on Premises or its licensors. Technology on Premises or its licensors retain all right, title, interest, and intellectual property rights (e.g. patents, trademarks, trade secrets, copyrights) in such Content. As a general rule, you are granted the limited right to (i) display the Content on your personal computer (ii) copy and download the Content and (iii) print a copy of the Content, provided that: (1) you do not remove any proprietary rights notices from any of the Content; and (2) any copying or downloading is solely for your own use. You may not modify, edit, alter or enhance any of the Content in any manner or sublicense or distribute any Content to any third party unless specifically authorized by Technology on Premises and/or the applicable licensor. Additionally, you may not "frame" or "mirror" any Content contained on or accessible from this Site on any server or other device without the advance written authorization of Technology on Premises and/or its licensors. Your Obligation In the future you may be prompted to input information on the Site in order to receive certain products or services offered by Technology on Premises and/or its licensors. If you provide any information to Technology on Premises through the Site, you agree to provide current, complete and accurate information about yourself. Changes to the Content & Termination of Access Technology on Premises and its licensors may make improvements and/or changes to the Content described on the Site at any time without notice to you. Additionally, Technology on Premises and its licensors reserve the right to restrict, suspend, terminate your access to, change or discontinue all or any part of the Site, including its availability, at any time for any reason (including, but not limited to, if we determine that information provided by you is inaccurate), without liability or prior notice to you. Technology on Premises Privacy Policy Technology on Premises protects the information supplied by you on the Site in accordance with the Technology on Premises Privacy Policy. This Privacy Policy only applies to the Technology on Premises Site. Please see the section below ("Interaction with Third Parties") for discussion of the privacy policies of third party sites. Technology on Premises Privacy Policy may be revised at any time. Technology on Premises will display a notice when the Privacy Policy has been revised. Your continued use of the Site after the notice is published constitutes your acceptance of the revised Privacy Policy Interaction with Third Parties The Site may contain links to other sites hosted and/or maintained by third parties. Technology on Premises shall not be responsible for the content of any third party sites that may be linked to or from pb.com. These links are provided for your convenience, and you use them at your own risk. A link to a third party Site is not an endorsement of any third party Site or service. Technology on Premises does not assume any responsibility or liability for the content or use of any third party Site or any third party's products and/or services. Passwords Technology on Premises may offer password protected areas on the Site for certain services. Such areas will only be accessible if Technology on Premises has issued to you a login and password. If you have been issued a login and password, you are responsible for maintaining the confidentiality of your login and password and for any and all activities, including fees incurred, under your login and password, whether or not you are the individual who undertook such activities. Indemnification By using the Site you agree to indemnify and hold harmless Technology on Premises from and against any and all costs, damages, liabilities, and expenses (including attorneys´ fees) incurred by Technology on Premises in relation to any third party´s claim that use of the Site by you or under your login and/or password, if any, violates (a) any copyright, patent, trademark, trade secret or other intellectual property right, (b) the laws of privacy or publicity, (c) communications statutes or regulations, or (d) any other applicable law or regulation. Warranty Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Site and content are provided to you "as-is." Neither all covered nor its licensors warrants that the Site will be available without interruption or error free or that the content will be accurate and complete. All covered and its licensors make not warranty, express, implied, statutory, or otherwise, and specifically disclaim any implied warranty of merchantability, fitness for a particular purpose and noninfringement with respect to the Site and content. You assume all risk with respect to the Site and content. Limitation of Liability To the maximum extent permitted by applicable law, neither all covered nor its licensors shall be liable to you or any third party claiming through you for any damages suffered as a result of your displaying, copying, using or downloading any content. In no event shall all covered or its licensors be liable to you or any third party for any indirect, exemplary, punitive, special, incidental, or consequential damages (e.g., for loss of data, revenue, profits or use or for costs of procurement of substitute goods or services) however arising, whether for breach or in tort, even if Technology on Premises has been previously advised of the possibility of such damages. You agree that the foregoing limitation of liability represents a reasonable allocation of risk. Local Laws; Export Control Technology on Premises controls and operates this Site from its headquarters in the United States of America and makes no representation that the Content is appropriate or will be available for use in other countries. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations, privacy laws and advertising laws of other countries in relation to the Content or the Site. General If Technology on Premises becomes aware of inappropriate use of the Site or any Content, Technology on Premises may suspend or terminate your access to the Site, and/or any Content, and take other appropriate action including, but not limited to, contacting law enforcement authorities. When requested, Technology on Premises will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. Any action related to these Terms will be governed by New York law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in New York State, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Technology on Premises to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Technology on Premises in writing. The headings used throughout these Terms are provided only for convenience. The Terms comprise the entire agreement between you and Technology on Premises regarding the subject matter contained herein and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Trademarks and Copyrights The trademarks and service marks of Technology on Premises are the intellectual property of Technology on Premises and its affiliates and subsidiaries in the United States and certain foreign countries (collectively "Marks"). All third party trademarks on the Site are the property of their respective owners and are used with the owners' permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Technology on Premises. Those uses that are authorized must comply with Technology on Premises' trademark usage guidelines (provided when necessary upon request). All copyrightable material ("Material") on the Site, including, but not limited to, the arrangement and presentation of materials on the Site, is protected under Copyright law as the exclusive property of Technology on Premises. The Material may not be used and/or reproduced without the written permission of Technology on Premises. Any third party copyrighted material appearing on the Site is used with the owner's permission. Technology on Premises will enforce its intellectual property rights to the fullest extent permitted under the law.
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Copyright © 2006 Technology on Premises. All rights reserved. |
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