COPYRIGHT TERMS AND CONDITIONS
The copyright to all materials and content of this Site, including without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content) is owned or licensed by TMG Systems Corporation and may not be used by you except as set forth in these Terms and Conditions. You may only download material and content contained in this Site for non-commercial, personal use provided you do not remove or alter the copyright notices set forth therein. You may not use, alter, modify, distribute, transmit or re-post the material and content of this Site for public or commercial purposes without the prior written consent of TMG Systems Corporation.
TRADEMARK TERMS AND CONDITIONS
TMG Systems Corporation and its logo and TMG Systems Corporation’s other trademarks and service marks and other logos and product and service names, including without limitation, other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of TMG Systems Corporation. You may not copy, use or display in any manner such trademarks and service marks without the prior written consent of TMG Systems Corporation. You acknowledge that such trademarks and trade dress may not be used by you in connection with any the sale of any Products that are not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by TMG Systems Corporation that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TMG Systems Corporation.
DISCLAIMER OF LIABILITY
You are accessing, using or browsing this Site at your own risk. TMG Systems Corporation AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE STOCKHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOU ACCESSING, USING OR BROWSING THIS SITE OR DOWNLOADING ANY MATERIALS OR CONTENT CONTAINED IN THIS SITE. IN ADDITION, TMG Systems Corporation AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE STOCKHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY ACCESS LINE OR SYSTEM FAILURE.
Any Product offered on this Site is warranted only if, and only to the extent of the existence of, the applicable manufacturer's warranty, if any, and is distributed by us on an "AS-IS" basis without any warranty of any kind on the part of TMG Systems Corporation. TMG Systems Corporation DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ANY PRODUCT OFFERED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUSES AND TMG Systems Corporation HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES.
IN THE EVENT OF ANY DEFAULT OF THESE TERMS AND CONDITIONS ON THE PART OF TMG Systems Corporation, TMG Systems Corporation’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE RELEVANT PRODUCTS ORDERED IN CONNECTIO WITH SUCH DEFAULT.
YOU ACKNOWLEDGE THAT TMG Systems Corporation SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND TMG Systems Corporation’S CONTROL.
NO LIABILITY FOR THE SUPPLIERS OF PRODUCTS
All manufacturers, suppliers, distributors, resellers of the Products (collectively, the “Suppliers”) are independent and unaffiliated to TMG Systems Corporation. TMG Systems Corporation is not responsible for any matters related to the Suppliers, including without limitation, the actions or omissions of any Suppliers. TMG Systems Corporation MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ANY SUPPLIERS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE SALE OF PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEVANT SUPPLIER AND YOU SHALL LOOK SOLELY TO THE RELEVANT SUPPLIER FOR ANY MATTERS OR COMPLAINTS RELATED TO THE PRODUCTS.
NEITHER TMG Systems Corporation AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE STOCKHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS NOR ANY THIRD PARTY INVOLVED IN THE CREATION, DEVELOPMENT, PRODUCTION OR HOSTING OF THIS SITE WILL BE LIABLE TO YOU FOR DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH RELATE TO OR ARE OTHERWISE CONNECTED TO ANY PRODUCT OR THE ACTIONS OR OMISSIONS OF ANY SUPPLIER IN CONNECTION WITH THE SAME EVEN IF TMG Systems Corporation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BY PURCHASING PRODUCTS OFFERED ON THIS SITE, YOU HEREBY RELEASE AND FOREVER DISCHARGE AND PROMISE NOT TO SUE OR ASSERT AGAINST TMG Systems Corporation AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE STOCKHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, EXPENSES AND COSTS WHATSOEVER THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES MAY HAVE, INCLUDING WITHOUT LIMITATION, ALL CLAIMS AT LAW OR IN EQUITY OF EVERY NATURE AND KIND, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, PRESENTLY EXISTING OR WHICH MAY ARISE IN THE FUTURE CAUSED BY, ARISING FROM, RELATED TO OR OTHERWISE ATTRIBUTABLE TO THE PRODUCTS OR THE ACTIONS OR OMISSIONS ON THE PART OF ANY SUPPLIER.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, SOME OF THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU.
There shall be no third party beneficiaries of these Terms and Conditions or of your use of this Site.
You shall indemnify, defend and hold harmless TMG Systems Corporation and its subsidiaries, parents and affiliates and their respective stockholders, members, directors, managers, officers, employees, representatives and agents and employees from and against all losses, expenses, liability, damages and costs, including legal fees and costs, resulting from your violation of these Terms and Conditions and/or your access, use or browsing of this Site.
Access, use or browsing this Site shall be governed by and construed in accordance with the laws of Colorado, including all matters of construction, validity and performance. By accessing, using and/or browsing this Site, you agree that any action or proceeding commenced under or with respect to or arising out of your access, use or browsing of this Site shall be brought within one (1) year thereafter and only in the county or district courts of Boulder County, Colorado, and you irrevocably consent to the jurisdiction of such courts and waive any right to alter or change venue, including by removal. In the event you or TMG Systems Corporation institute any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.
TMG Systems Corporation may amend these Terms and Conditions at any time by posting such amended Terms and Conditions on this Site. Such amended Terms and Conditions will be effective as of the date it is posted to this Site.
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions. You further agree that your access, use or browsing of this Site constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms and Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.
HOW TO CONTACT US
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