TERMS
AND CONDITIONS
AGREEMENT
BETWEEN USER AND TOSL Engineering Limited. The TOSL Engineering Limited Web Site
is comprised of various Web pages operated by TOSL Engineering Limited.The
TOSL Engineering Limited Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the TOSL Engineering Limited Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
TOSL Engineering Limited reserves the right to change the terms, conditions,
and notices under which the TOSL Engineering Limited Web Site is offered,
including but not limited to the charges associated with the use
of the TOSL Engineering Limited Web Site.
LINKS
TO THIRD PARTY SITES
The
TOSL Engineering Limited Web Site may contain links to other Web Sites (Linked
Sites). The Linked Sites are not under the control of TOSL Engineering Limited
and TOSL Engineering Limited is not responsible for the contents of any
Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. TOSL Engineering Limited is not responsible for webcasting or any other form
of transmission received from any Linked Site. TOSL Engineering Limited
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by TOSL Engineering Limited of the
site or any association with its operators.
NO
UNLAWFUL OR PROHIBITED USE
As
a condition of your use of the TOSL Engineering Limited Web Site, you warrant
to TOSL Engineering Limited that you will not use the TOSL Engineering Limited Web
Site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the TOSL Engineering Limited Web
Site in any manner which could damage, disable, overburden, or impair
the TOSL Engineering Limited Web Site or interfere with any other partys
use and enjoyment of the TOSL Engineering Limited Web Site. You may not
obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through
the TOSL Engineering Limited Web Sites.
USE
OF COMMUNICATION SERVICES
The
TOSL Engineering Limited Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively,
Communication Services), you agree to use the Communication Services
only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
-
Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
-
Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received
all necessary consents.
-
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer.
-
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain
letters.
-
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
-
Falsify or delete 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.
-
Restrict or inhibit any other user from using and enjoying the
Communication Services.
-
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
-
Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
-
Violate any applicable laws or regulations.
TOSL Engineering Limited has no obligation to monitor the Communication
Services. However, TOSL Engineering Limited reserves the right to review
materials posted to a Communication Service and to remove any materials
in its sole discretion. TOSL Engineering Limited reserves the right to terminate
your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
TOSL Engineering Limited reserves the right at all times to disclose any information
as 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, in whole or in part, in TOSL Engineering Limited's
sole discretion.
Always
use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. TOSL Engineering Limited does not control or endorse the content, messages or
information found in any Communication Service and, therefore, TOSL Engineering Limited specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized
TOSL Engineering Limited spokespersons, and their views do not necessarily
reflect those of TOSL Engineering Limited.
Materials
uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS
PROVIDED TO TOSL Engineering Limited OR POSTED AT ANY TOSL Engineering Limited WEB
SITE
TOSL Engineering Limited does not claim ownership of the materials you provide
to TOSL Engineering Limited (including feedback and suggestions) or post,
upload, input or submit to any TOSL Engineering Limited Web Site or its
associated services (collectively Submissions). However, by posting,
uploading, inputting, providing or submitting your Submission you
are granting TOSL Engineering Limited, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with
the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission.
No
compensation will be paid with respect to the use of your Submission,
as provided herein. TOSL Engineering Limited is under no obligation to post
or use any Submission you may provide and may remove any Submission
at any time in TOSL Engineering Limited's sole discretion.
By
posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
LIABILITY
DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE TOSL Engineering Limited WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. TOSL Engineering Limited AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE TOSL Engineering Limited WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE TOSL Engineering Limited WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
TOSL Engineering Limited AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE TOSL Engineering Limited WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS
IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOSL Engineering Limited AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
TOSL Engineering Limited AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE TOSL Engineering Limited WEB SITE, WITH
THE DELAY OR INABILITY TO USE THE TOSL Engineering Limited WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE TOSL Engineering Limited WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE TOSL Engineering Limited WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF TOSL Engineering Limited OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TOSL Engineering Limited
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE TOSL Engineering Limited WEB SITE.
SERVICE
CONTACT : sales@tosl.com
TERMINATION/ACCESS
RESTRICTION
TOSL Engineering Limited reserves the right, in its sole discretion, to terminate
your access to the TOSL Engineering Limited Web Site and the related services
or any portion thereof at any time, without notice. Use of the TOSL Engineering Limited Web Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists
between you and TOSL Engineering Limited as a result of this agreement or
use of the TOSL Engineering Limited Web Site. TOSL Engineering Limited's performance
of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of TOSL Engineering Limited's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the TOSL Engineering Limited
Web Site or information provided to or gathered by TOSL Engineering Limited
with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between
the user and TOSL Engineering Limited with respect to the TOSL Engineering Limited
Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the
user and TOSL Engineering Limited with respect to the TOSL Engineering Limited Web
Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT
AND TRADEMARK NOTICES:
All
contents of the TOSL Engineering Limited Web Site are: Copyright 2005 TOSL Engineering Limited and/or its suppliers. All rights reserved.
TRADEMARKS
The
names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The
example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any
rights not expressly granted herein are reserved.
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