Website terms and conditions for TerrTech.com

Please read this Terms of Use agreement carefully before using this site.

TerrTech Computer Solutions ("TerrTech.com," "we," "us") provides this web site www.terrtech.com and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between TerrTech Computer Solutions and you, the Site visitor (including your employer and any affiliates and its or their employees, contractors and agents, "you") with respect to your use of the Site and supercedes any other terms and conditions with respect to the Site, TerrTech Computer Solutions is a registered dba of TerrTech Computer Corporation. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site.

PLEASE NOTE THAT THIS AGREEMENT ONLY GOVERNS YOUR USE OF THE SITE. PLEASE CLICK HERE FOR THE TERMS AND CONDITIONS GOVERNING TERRTECH COMPUTER SOLUTIONS SALE OF PRODUCTS, INCLUDING WARRANTY, REFUNDS, RETURNS, SUPPORT AND OTHER HARDWARE INFORMATION.

We reserve the right at any time to:

  • Change the terms and conditions of this Agreement;
  • Change the Site, including eliminating or discontinuing any content on or feature of the Site.

Any changes we make will be effective immediately upon posting a revised version of this Agreement on the Site. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.

1. Materials.

The information and materials provided through the Site, including, without limitation, any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the "Materials"), are intended to educate and inform you about TerrTech Computer Solutions offered products and services. Unless otherwise specified on the Site, you may download Materials displayed on the Site, and may use the downloaded Materials, solely for your internal home and/or business needs. You may print a single copy of any textual Material available for downloading on the Site, and may execute a single copy of any software available for downloading on the Site ("Software"). You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials remain the property of TerrTech Computer Solutions or its licensors or suppliers. Use or downloading of the Software and other Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Software or other Materials, including, without limitation, agreements of third parties. By acquiring or using the Software or other Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials except as expressly specified on the Site without the written consent of TerrTech Computer Solutions or, if so indicated in writing by TerrTech Computer Solutions, its licensors or suppliers.

2. Your Account.

Some areas of the Site may require you to sign up for an account. When and if you sign up for an account, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our sign up process (including your email address); and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.

As part of the account sign up process, you will be asked to enter your email address and password. Your email address acts as a username. We may refuse to grant you a username that is already taken, or that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party.

3. Code of Conduct.

While using the Site, Materials and/or Software, you agree not to:

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
  • Use the Site, Materials or Software for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software except as provided in Section 10 hereof;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site, Materials or Software;
  • "Frame" or "mirror" any part of the Site without our prior written authorization;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
  • Harvest or collect information about Site visitors or members without their express consent.

While using the Site, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations.

4. Information Provided by TerrTech Computer Solutions.

Although TerrTech Computer Solutions strives to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although TerrTech Computer Solutions endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.

In addition, portions of the Materials have been contributed to the Site by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and TerrTech Computer Solutions expressly disclaims any liability with respect to the foregoing.

5. Links.

The Site contains links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by TerrTech Computer Solutions. TerrTech Computer Solutions has not reviewed all of the web sites that are linked to the Site, and TerrTech Computer Solutions has no control over such sites. Unless otherwise explicitly stated, TerrTech Computer Solutions is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that TerrTech Computer Solutions offers such links does not indicate any approval or endorsement of any material contained on any linked site. TerrTech Computer Solutions is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

6. Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that materials hosted by TerrTech Computer Solutions infringe your copyright (for example, materials posted by TerrTech Computer Solutions on one of our pages), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TerrTech Computer Solutions to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by TerrTech Computer Solutions against you, the DMCA permits you to send TerrTech Computer Solutions a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see loc.gov/copyright for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

7. Ownership and Restrictions on Use.

The Site is owned and operated by TerrTech Computer Solutions and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of TerrTech Computer Solutions, its licensors and suppliers, and others. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by Canada. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as expressly provided in this Agreement, you may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by TerrTech Computer Solutions or, if so indicated in writing by TerrTech Computer Solutions, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of TerrTech Computer Solutions, TerrTech Computer Solutions licensors and suppliers, and others. The Trademarks owned by TerrTech Computer Solutions, whether registered or unregistered, may not be used in connection with any product or service that is not TerrTech Computer Solutions, in any manner that is likely to cause confusion with customers, or in any manner that disparages TerrTech Computer Solutions. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of TerrTech Computer Solutions, TerrTech Computer Solutions licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and TerrTech Computer Solutions will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

TerrTech Computer Solutions, are trademarks of TerrTech Computer Corporation. All other company and product names may be the trademarks of their respective owners.

8. Termination.

This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

9. Disclaimers.

THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT FOR ANY WARRANTIES, IF ANY, IN THE TERMS AND CONDITIONS OF THE APPLICABLE AGREEMENT RELATING TO THE HARDWARE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

You acknowledge that TerrTech Computer Solutions does not give any warranties (and expressly disclaims any and all warranties), express or implied, A possibility exists that the Site, Materials or Pages could include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Materials or Pages. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us using the web form located at Contact Us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement," above.

10. Limitation of Liability.

NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. EXCEPT AS EXPRESSLY PROVIDED ACCORDING TO THE TERMS OF THE APPLICABLE WARRANTY AGREEMENT: (A) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE; AND (B) THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

11. Indemnification.

You agree to indemnify, defend and hold TerrTech Computer Solutions, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

12. Questions.

The Site is provided by TerrTech Computer Corporation. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at P.O. Box 607 Beaverton, Ontario Canada L0K 1A0, Tel. (705) 426-1452, Toll free 1-888-763-6401Fax. (705) 426-1904.

Please read the TerrTech Computer Solutions Privacy Policy.

Last updated May 15, 2008

 
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