Please read the Terms of Use carefully before accessing or using this Site.

Acceptance of terms

By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site, you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Tanontech may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

Tanontech may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Tanontech.net to view the current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

The site

Tanontech make this Web site and the Materials and Services, available for your access and use subject to the Terms of Use. "Materials" means all information, data, documents, downloads, files, text, images, photographs, graphics, publications, content, tools, resources, software, code, programs and products made available via the Site. "Services" means all services and resources offered via the Site by Tanontech, including download areas, product and other information services.

Intellectual property and trademark information

The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, Tanontech and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, logos and service marks displayed on this Site are the property of Tanontech or other third parties. You are not permitted to use the Marks without the prior written consent of Tanontech or such third party that may own the Marks.

Use of site

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you.

When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties are governed by separate agreements accompanying such Materials and Services. Tanontech offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, Tanontech Materials, Tanontech provided Services or another Third-Party Service. You agree that you will not hold Tanontech responsible or liable with respect to the Third-Party Services.

Tanontech may at any time without notice and in its sole discretion terminate a Service, access to or use of any Materials or an area of the Site.

Use of Software

Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Site ("Software") are the copyrighted and patented work of Tanontech or its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. However, other terms and licenses may only be posted with the Software downloads or at the Site page where the Software can be accessed. You will not be able to use, or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Absent a license agreement that accompanies the Software, use of the Software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. The Software is made available solely in accordance with the license agreement. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Use of Materials

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the  Materials available on this Site subject to the following conditions:

The Materials may be accessed and used solely for personal, informational, non-commercial and internal purposes;

The Materials may not be modified or altered in any way;

The Materials on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others;
You may not remove any copyright or other proprietary notices contained in the Materials;
You will not quote or display Materials, or any portions thereof, out of context;

The rights granted to you constitute a license and not a transfer of title;
The Materials comprised of Software are subject to the additional provisions governing Software set forth herein;

Use of the Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The rights specified above to view, download and print the Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part.

Submitted Materials

All of your User Materials that you post on or otherwise submit via the Site and Services shall not be confidential information or trade secrets owned by you or any other party. You will receive no compensation for any use of your User Materials. Tanontech may, but is not required to, post or use any of your User Materials that you may post or otherwise submit. By posting or submitting your User Materials, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to your User Materials as described in these Terms of Use, including all the rights necessary for you to post or submit your User Materials.

For all of your User Materials that you post or otherwise submit to the Site, including comments,  feedback,  bug reports, piracy reports or product suggestions, you grant Tanontech and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such User Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Tanontech is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Tanontech shall not be liable for any failure to store User Materials on the Site at any time.

Links to other web sites

The Site, Services or Materials may include links that will take you to other sites outside of the Site. The links are provided by Tanontech to you as a convenience and the inclusion of the links do not imply any endorsement by Tanontech of any linked Site. Tanontech has no control of the linked Sites and you therefore acknowledge and agree that Tanontech is not responsible for the contents of any linked Site, any link contained in a linked Site or any changes or updates to a linked Site. You further acknowledge and agree that Tanontech is not responsible for any form of transmission  received from any linked Site.

Warranties and disclaimers

The site, services and materials, are provided by Tanontech under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Tanontech makes no warranty that the site, services or materials will meet your requirements; the site, services or materials will be uninterrupted, timely, secure, or error-free; the results that may be obtained from. The use of the site, services or materials will be effective, accurate, or reliable; the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and any errors or defects in the site, services or materials will be corrected.

This site, services and materials may include technical or other mistakes, inaccuracies, or typographical errors. Tanontech may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The site, materials and services may be out of date, and Tanontech makes no commitment to update the site, materials and services.

You acknowledge and agree that: Tanontech does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites; Tanontech makes no representations or warranties whatsoever about any such third parties, their materials or services; any dealings you may have with such third parties are at your own risk; Tanontech shall not be liable or responsible for any materials or services offered by third parties.

Tanontech does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the site and materials and participation in any services. Managers, hosts, participants and other third parties are not authorized Tanontech spokespersons, and their views do not necessarily reflect those of Tanontech. To the maximum extent permitted by law, Tanontech will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Tanontech also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of the site, services or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Tanontech assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral nor written, obtained by you from Tanontech or via the site, services or materials shall create any warranty not expressly stated in the terms of use. Tanontech will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

International users

This Site can be accessed from countries around the world and may contain references to Tanontech products, services and programs that are not available in your country. These references do not imply that Tanontech intends to announce such products, services or programs in your country. Tanontech makes no representation that the Site, the Services or Materials are appropriate or available for use at all locations, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. You are responsible for compliance with all local laws.

Personal information and privacy

Tanontech will use and protect your data, such as your name and address, in accordance with the Tanontech Privacy Policy, which is accesable at this Site.

Limitation of liability

In no event shall Tanontech, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Tanontech has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with: the access or use of or the inability to access or use the site, services, or materials; the statements or actions of any third party on or via the site, services or materials; any dealings with vendors or other third parties; any unauthorized access to or alteration of your transmissions, user materials or other data; any information that is sent or received or not sent or received; any failure to store or loss of data, files, materials or other content; any services available that are delayed or interrupted; any web site referenced or linked to from this site; or your access to or use of or inability to access or use any linked site.

Unsolicited idea submission policy

Any unsolicited ideas, that are sent to Tanontech for consideration via this Site shall not be considered or accepted by Tanontech, nor deemed confidential or proprietary information.

Indemnity and liability

You agree to indemnify and hold Tanontech and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: your User Materials and any other content that you may submit, post to or transmit through the Site; your access to or use of the Site, Services or Materials; your connection to the Site, Services or Materials; your violation of the Terms of Use; your infringement of any third party’s Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials; your violation of any rights of any third party; your access to or use of linked Sites and your connections thereto; any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.

Governing law and jurisdiction

If any dispute shall arise pursuant to any provision of this Terms of Use, the plaintiff may choose place of performance or residence of the defendant as place of jurisdiction. If any term or provision of this Terms of Use shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this Terms of Use shall remain in full force and effect, according to its terms. Any provision declared invalid shall be modified to the legal provisions.

Common

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between Tanontech and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and Tanontech on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and Tanontech regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Tanontech services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Tanontech’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Tanontech to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Last updated on August 7, 2007