Web Site User
Agreement
The TIMECO website (the "Site") is a website designed
and/or hosted by TIMECO, subject to your compliance with
the terms and conditions set forth below. Please read
this document carefully before accessing or using the
site. By accessing or using the site, you agree to be
bound by the terms and conditions set forth below. If
you do not wish to be bound by these terms and
conditions, you may not access or use the site. TIMECO
may modify this agreement at any time, and such
modifications shall be effective immediately upon
posting of the modified agreement on the site. You agree
to review the agreement periodically to be aware of such
modifications and your continued access or use of the
site shall be deemed your conclusive acceptance of the
modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of
the copyrights and trademarks are TIMECO, its affiliates
or other third party licensors. You may not modify,
copy, reproduce, republish, upload, post, transmit, or
distribute, in any manner, the material on the site,
including text, graphics, code and/or software. You may
print and download portions of material from the
different areas of the Site solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the
materials. You agree to grant to TIMECO a non-exclusive,
royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display
and publicly perform any materials and other information
(including, without limitation, ideas contained therein
for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to TIMECO by all
means and in any media now known or hereafter developed.
You also grant to TIMECO the right to use your name in
connection with the submitted materials and other
information as well as in connection with all
advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse
against TIMECO for any alleged or actual infringement or
misappropriation of any proprietary right in your
communications to TIMECO
If you believe that content appearing on any TIMECO site
constitutes copyright infringement of another party's
rights, please see our Copyrights and Copyright Agent
page.
Pursuant to the Digital Millennium Copyright Act, TIMECO
has adopted and has implemented a policy that will
terminate a subscriber's or user's account and
privileges, in appropriate circumstances, if it is found
that the subscriber or user is engaging in repeated
instances of copyright infringement.
TRADEMARKS
TIMECO, or its publications, products, content or
services referenced herein or on the Site are the
exclusive trademarks or servicemarks of TIMECO. Other
product and company names mentioned in the Site may be
the trademarks of their respective owners. Product and
company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by TIMECO,
TIMECO does not operate, control or endorse any
information, products or services on the Internet in any
way. Except for TIMECO identified information, products
or services, all information, products and services
offered through the Site or on the Internet generally
are offered by third parties that are not affiliated
with TIMECO You also understand that TIMECO cannot and
does not guarantee or warrant that files available for
downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for
maintaining a means external to the Site for the
reconstruction of any lost data.
You assume total responsibility and risk for your use of
the site and the internet. TIMECO provides the site and
related information "as is" and does not make any
express or implied warranties, representations or
endorsements whatsoever (including without limitation
warranties of title or non-infringement, or the implied
warranties of merchantability or fitness for a
particular purpose) with regard to the service, any
merchandise information or service provided through the
service or on the internet generally, and TIMECO shall
not be liable for any cost or damage arising either
directly or indirectly from any such transaction. It is
solely your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice,
services, merchandise and other information provided
through the service or on the internet generally. TIMECO
does not warrant that the service will be uninterrupted
or error-free or that defects in the service will be
corrected.
You understand further that the internet contains
unedited materials some of which are sexually explicit
or may be offensive to you. You access such materials at
your risk. TIMECO has no control over and accepts no
responsibility whatsoever for such materials.
LIMITATION OF LIABILITY
In no event will TIMECO be liable for (i) any
incidental, consequential, or indirect damages
(including, but not limited to, damages for loss of
profits, business interruption, loss of programs or
information, and the like) arising out of the use of or
inability to use the service, or any information, or
transactions provided on the service, or downloaded from
the service, or any delay of such information or
service. Even if TIMECO or its authorized
representatives have been advised of the possibility of
such damages, or (ii) any claim attributable to errors,
omissions, or other inaccuracies in the service and/or
materials or information downloaded through the service.
Because some states do not allow the exclusion or
limitation of liability for consequential or incidental
damages, the above limitation may not apply to you. In
such states, TIMECO' liability is limited to the
greatest extent permitted by law.
TIMECO makes no representations whatsoever about any
other web site which you may access through this one or
which may link to this Site. When you access a
non-TIMECO web site, please understand that it is
independent from TIMECO, and that TIMECO has no control
over the content on that web site. In addition, a link
to a TIMECO web site does not mean that TIMECO endorses
or accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold TIMECO, its
officers, directors, employees, agents, licensors,
suppliers and any third party information providers to
the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and
3 (Indemnification) are for the benefit of TIMECO and
its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to
the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions
directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of the State of Texas
applicable to agreements made and to be performed in
Texas. You agree that any legal action or proceeding
between TIMECO and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of
competent jurisdiction sitting in Texas. Any cause of
action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action
is barred. TIMECO' failure to insist upon or enforce
strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of
this Agreement. TIMECO may assign its rights and duties
under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.
Copyright Notice
TIMECO SYSTEMS, INC.
Corporate Headquarters
5815 Schumacher Lane
Houston, Texas 77057 USA.
privacy@timeco.com