Effective Date: November 2, 2018
This Agreement is between you and TEC only. Apple, Inc., or Google, Inc. are not parties to this Agreement; however, Apple, Inc. or Google, Inc. and their subsidiaries are third party beneficiaries of this Agreement as pertains to the Apps provided through the relevant App stores. As such, once you accept this Agreement, Apple, Inc. or Google, Inc. shall have the right to enforce this Agreement against you.
- License Grant. Subject to the terms of this Agreement, TEC grants to Users a non-exclusive, non-transferable, revocable license to access and use the System. Upon termination by TEC, for any reason, your access to the System may be terminated. The System is only licensed for your use for the purposes for which you are authorized and on the devices for which you are authorized to administer. You may uninstall the Apps at any time by using the standard uninstall procedures offered with your mobile device or computer system’s operating system. Through use of the Apps, you consent to automatic software updates of the Apps.
- License Restrictions. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by this Agreement. You may not use the System in any manner which could damage, disable, overburden, or impair the System or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.
You may not: (a) modify the System or any portion thereof; (b) reverse engineer, disassemble, decompile the System (or any element thereof) or otherwise attempt to discover the source code or structure, sequence and organization of the System or any element thereof (except to the extent reverse engineering restrictions are expressly prohibited by applicable local law, and then only to the extent so prohibited or controlled); (c) make copies, redistribute or sell any part of the System; (d) remove, alter or obscure any trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the System (or any copy or portion thereof); (e) publish, transmit, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System; (f) access the Apps via any means other than through authorized distributor platforms; (g) transmit content that is, without limitation: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; invasive of another’s privacy; is tortious; (h) propagate software that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; (i) engage in any activity that otherwise interferes with the use and enjoyment of the System by others, including without limitation: using the System in any way that may damage, disable, overburden, or impair our servers or networks; or transmitting, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages).
- Reservation of Rights. TEC is the exclusive owner of all right, title, and interest to and in the System and all content and services included as part of or offered through the System; including, without limitation, text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, and any and all patents, copyrights, trademarks, service marks, trade secrets and any other proprietary rights related to the System or its content. You do not acquire any ownership interest in any part of the System under this Agreement, or any other rights thereto other than to use the System in accordance with the license granted, and subject to all terms, conditions, and restrictions, of this Agreement. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto. The license to use the System does not grant you any right to use the trademarks, service marks or logos of TEC or its licensors. TEC reserves all rights to modify, remove or otherwise change any of the content provided through the System.
- Your Account. You may create an account through the System. You are solely responsible for the activity on your account. To create an account, you must: 1) be eighteen years of age or older; 2) provide accurate information; and 3) keep your log-in and password secure. You may delete your account by email@example.com.
- User Content on the System. To the extent portions of the System allow you to write reviews or otherwise post regarding content on the System (“User Content”), you may not post User Content that:
- Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
- Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive; inappropriate; or inflammatory;
- You know (or reasonably should know) is false, deceptive, or misleading;
- Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, or passwords;
- Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
- Violates any applicable local, state, national, or international law.
If you are posting a review on the Site, in addition to the above, you should: 1) have firsthand experience with the product being reviewed; 2) you should not be affiliated with competitors if posting negative reviews; and 3) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
By posting User Content on the System, you are granting us a non–exclusive, worldwide, full paid–up and royalty–free, fully assignable, transferable, and sub-licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on User Content, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. By posting User Content on the System, you represent and warrant that the posting of your User Content does not violate these Terms or applicable laws.
TEC does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on our System. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit, or remove any User Content, in whole or in part, at our sole discretion.
UNDER NO CIRCUMSTANCES SHALL TEC OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SYSTEM. We do not control, have no obligation to monitor, and are not responsible for what users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Content on the System.
- Links to Third-Party Content. The System may contain hyperlinks to websites operated by third parties, including but not limited, to social media sites, distributors’ websites, and other websites containing various conferences and trade shows, diagnostic equipment manufacturers, training organizations, and trade publications. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
- Electronic Communications. Using any part of the System or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account or uninstalling the Apps.
- Warranty and Warranty Disclaimer.
TEC AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TEC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TEC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE SYSTEM OR ITS CONTENT WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED MANNER; (II) THE SYSTEM WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE SYSTEM WILL SATISFY YOUR REQUIREMENTS; (IV) THE SYSTEM IS COMPATIBLE WITH SYSTEMS, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTY PERSONS OR ORGANIZATIONS; (V) THE RESULTS OBTAINED FROM THE USE OF THE SYSTEM WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (VI) THE SYSTEM WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION; OR (VII) ANY ERRORS OR DEFECTS IN THE SYSTEM WILL BE CORRECTED.
- Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEC AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM AND TO UNINSTALL ANY INSTALLED APPS. FURTHER, TEC IS NOT LIABLE TO USER OR ANY THIRD-PARTY FOR DAMAGES ARISING OUT OF USER’S ACTIONS. USERS WILL ACCESS THE SYSTEM OVER THE INTERNET; TEC IS NOT RESPONSIBLE FOR ANY INTERRUPTION IN SYSTEM OR UNAVAILABILITY OF THE SYSTEM RESULTING FROM INTERNET FAILURES OR YOUR INABILITY TO ACCESS THE INTERNET. IN NO EVENT WILL TEC’S TOTAL LIABILITY EXCEED $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Indemnification. You agree to indemnify, defend, and hold harmless TEC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, any claim that your content violates the intellectual property rights of a third party, your violation of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You acknowledge that, in the event of any third party claim that the System or your possession and use of the System infringes that third party’s intellectual property rights, TEC, and not Apple, Inc. or Google, Inc. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Contact Information. For questions or concerns, please contact TEC at
2801 21st Ave. S
Minneapolis, MN 55407