TYMCO Inc. Website Usage Terms & Conditions
Terms and conditions of website use
TYMCO, Incorporated Waco, Texas USA
Access to and use of this website (www.tymco.com) is subject to the following Terms and Conditions, including the choice of law and jurisdiction set out in paragraph 11, and all applicable laws which, by accessing and browsing the website, you accept without limitation or qualification to the exclusion of any other agreements between you and TYMCO, Incorporated (herein referred to as TYMCO) with respect to the subject matter hereof. Section headings are provided for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section
1. Responsibility for Content: While TYMCO uses reasonable efforts to include accurate and up to date information in the website, this website is published "as is" and "as available" without any warranties or representations as to the information, content or materials contained in it. TYMCO assumes no liability or responsibility for any errors or omissions in the content of the website. You expressly agree that your use of this website is at your own risk and imposes no obligation or other liability on TYMCO.
2. Third Party Rights: TYMCO neither warrants nor represents that use of materials nor any content displayed on the website will not infringe rights of third parties.
3. Exclusions and Limitations of Liability: No liability which may not be excluded or limited by applicable law shall be excluded or limited by these Terms and Conditions. Use of, browsing in and reliance on any information contained in the website are at your own risk. Neither TYMCO, any of its dealers, nor any other party involved in creating, producing, or delivering the website shall be liable for any direct, incidental, consequential, indirect, or punitive damages (including without limitation loss of profit, loss of revenue, loss of goodwill, loss of management time, third party liability, business interruption, loss of use of any tangible or intangible asset including data recorded on any computer or other machine, or loss of any anticipated benefit arising out of your access to, or use of, the website.
Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to all users of the website or you may have additional rights.
TYMCO uses reasonable endeavors to protect the website from viruses but assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property, including data, on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website. TYMCO does not warrant that this website, its servers or any email sent on its behalf are free from viruses or other harmful components. You are recommended to take all appropriate safeguards before downloading information from this website.
Although reasonable endeavors are used to maintain this website, TYMCO shall not be liable for any losses caused by failure or stoppage of the website for any reason, including without limitation virus contamination, deliberate damage by hackers, failure of hardware software or systems, power failure, failure of telecommunications lines or any criminal activity of a third party.
4. Rights in Content and Trade Marks: All logos and trademarks associated with this website are the property on TYMCO, Inc , unless otherwise indicated. Users should assume that copyright in all content of the site is owned by TYMCO unless otherwise stated, and may not be used without the prior written permission of TYMCO or other relevant proprietor.
5. Copying: You may download material displayed on the website for use in the ordinary and proper course of your business and any such use must be incidental to your normal business or for private or personal purposes provided you maintain the integrity of the material, do not use it in a derogatory or misleading context and retain all copyright and other proprietary notices. You may not, however, without prior written permission from TYMCO, distribute, modify, transmit, re-use, re-post, or use the content (whether text, images, audio, or video) of the website for public or other commercial purposes; or transfer any material to more than ten hard copies of such material. supply any material in any form to a third party for commercial purposes, whether for a fee or otherwise, or without informing such third party of the conditions which apply to such material and such party's use of such material. You agree that you will not: use any automatic device, or manual process to monitor or copy this website or any web pages or the content contained herein without prior written permission from TYMCO use any device, software or routine to interfere or attempt to interfere with the proper functioning of this website; take any action that imposes an unreasonable or disproportionately large load on our systems; copy, reproduce, alter, modify, create derivative works, or publicly display any content from this website without the prior expressed written permission of TYMCO, Inc. and/or the appropriate third party. All other rights are reserved.
Without limiting the foregoing, you may not, without prior written permission from TYMCO, create a link to the website other than to or via the home page as published on the website from time to time.
7. Use of Images: Images of people or places displayed on the website are either the property of, or used with permission by, TYMCO. You may not use or permit anyone else to use these images unless specifically permitted by these Terms and Conditions or unless specific permission is provided elsewhere on the website.
8. Licence to Use Content: The trademarks and logos (collectively the "trademarks") displayed on the website are registered and unregistered trademarks of TYMCO, Inc. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on the website without the written permission of TYMCO or any third party owner of such trademarks. Use of the trade marks, or of any other content on the website, except as provided in these Terms and Conditions, is strictly prohibited.
9. Links to Other Sites: Certain hypertext links in this website will lead to websites that are not under the control of TYMCO. Such links are for the convenience of users only and TYMCO does not endorse any content of any websites linked to this website and gives no representation or warranty (express or implied) as to the information on such sites. TYMCO is not responsible for the nature or the content or the privacy policies
of any off-site pages or any other websites linked to this website.
Linking to this website, off-site pages or other websites and in particular downloading computer programs from certain websites, may infringe copyright or introduce computer viruses into the user's own system and is at the user's own risk. Your attention is drawn to the prohibition on creating links to this website other than to or via the home page, in paragraph 5 above.
10. Breach of Terms and Conditions: You agree to release, indemnify and hold TYMCO, Inc. and its dealers, contractors, affiliates, officers, directors, agents, and employees harmless from any claim, liability, damage, cost, expense or demand, including reasonable lawyers' fees and expenses, made by any third party relating to or arising out of your breach of these Terms and Conditions or to any documents they specifically incorporate, or your violation of any law or the rights of a third party.
11. Updates to Terms and Conditions: TYMCO, Inc. may at any time revise these Terms and Conditions by updating this posting. Users are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which they are bound. The terms and conditions are governed by the laws of Texas and The United States of America. By using this website, you agree to submit to the exclusive jurisdiction of the courts of Texas and The United States of America in the event of any dispute.
12. Severability: If any provision of this Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, that invalidity or unenforceability will not affect the other provisions of these Terms and Conditions which will remain in full force and effect.
Copyright © 2009 TYMCO, Inc Waco, Texas USA
All rights reserved.