THIS AGREEMENT OF TERMS OF USE is made as of this day, by and between Total Customer Connect (“TCC”) and you. This Agreement of Terms of Use (the “Terms of Use”) and any License and Service Agreement or other similar agreement executed by your employer or other authorized user of this website, or Affiliate of the such employer or other authorized user of this website that employs you or authorizes you to act on their behalf for the access and use of this website, and the Services as described in any such agreement (the “Services Agreement”), set forth the terms and conditions that apply to your access and use of the Internet website owned by Total Customer Connect, located at the URL www.totalcustomerconnect.com. All defined terms found in the Terms of Use shall have the same meaning as the defined terms in the Agreement. If you do not agree with the Terms of Use, please do not use this website.
APPLICABILITY OF THE TERMS OF USE
The Terms of Use is intended to apply to you, TCC, and the TCC Website.
YOUR RIGHT TO ACCESS AND USE THE TCC WEBSITES
The right to access and use the TCC Website is personal to Client and any of its authorized Affiliates, and is not transferable by you to any other person or entity. You are only entitled to access and use the TCC Website for lawful purposes and pursuant to the terms and conditions of the Agreement.
By accessing and using the TCC Website (other than to read this Agreement), you agree to comply with all of the terms and conditions of the Terms of Use, the Agreement, and all other agreements applicable to your use of the TCC Website. Any action by you that, as determined by TCC, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying the TCC Website shall not be permitted, and may result in your loss of the right to access and use the TCC Website and a termination of the Agreement.
INTELLECTUAL PROPERTY RIGHTS
Images of vehicles, people or places displayed on the TCC Website are either the property of, or used with permission by, TCC. The use of these images by you, or anyone else authorized by Client or any Affiliate, is prohibited unless specifically permitted by the Agreement or specific permission provided elsewhere on the TCC Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the TCC Website, including, without limitation, the names “Total Customer Connect” and “TCC,” and their respective logos are registered and unregistered Trademarks of TCC or its rightful owners. Nothing contained on the TCC Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the TCC Website without the written permission of TCC or such third party owners of the Trademarks. Any use of third party Trademarks on the TCC Website is done either by permission of the Trademarks’ owners, or as part of a “News” story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting TCC any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on the TCC Website, or any other content on the TCC Website, except as provided in the Terms of Use or the Agreement, is strictly prohibited. You are also advised TCC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The data and content contained on or downloaded from the TCC Website (collectively, the “Content”) are copyrighted by TCC, which also own a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.
Without the prior written consent of TCC, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy and (ii) one print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of TCC or its licensors.
You agree that printing, downloading or otherwise using the Content in accordance with the Terms of Use and the Agreement does not entitle you to any ownership or intellectual property rights in the Content.
Client shall be solely responsible for any damage resulting from your infringement of TCC intellectual property, or any other harm incurred by TCC as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions of the Terms of Use and the Agreement.
No Representations or Warranties Regarding Content OTHER THAN AS MAY BE OTHERWISE PROVIDED IN THE AGREEMENT OR OTHER SIMILAR AGREEMENT GRANTING YOU ACCESS AND USE OF THIS WEBSITE BETWEEN TCC AND CLIENT:
THE CONTENT IS BEING PROVIDED TO YOU ON AN “AS-IS” BASIS.
TCC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.
TCC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM THE TCC WEBSITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OR OTHER INFORMATION OR CONTENT ON THE TCC WEBSITE USED BY YOU.
EQUIPMENT AND RELATED COSTS
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the TCC Website, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the TCC Website.
LINKS TO THIRD PARTY SITES
The TCC Website may contain links to third party Internet websites (“Linked Sites”). The Linked Sites are not under the control of TCC and TCC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TCC is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is TCC responsible if the Linked Site is not working appropriately. TCC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TCC of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
OTHER THAN AS MAY BE OTHERWISE PROVIDED IN THE AGREEMENT OR OTHER SIMILAR AGREEMENT GRANTING YOU ACCESS AND USE OF THIS WEBSITE BETWEEN TCC AND CLIENT , TCC SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A RESULT OF: YOUR ACCESS AND USE OF THE TCC WEBSITE, YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE, YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY TCC’S PRIOR WRITTEN PERMISSION REGARDING THE SAME, YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON THE TCC WEBSITE, OR YOUR ACCESS AND USE OF THE TCC WEBSITE.
INDEMNIFICATION
You shall defend, indemnify and hold harmless TCC, its subsidiaries and affiliates and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of the Terms of Use by you; and (ii) any access or use of the TCC Website in violation of the Terms of Use or the Agreement.
THIRD PARTY RIGHTS
The Terms of Use is for the benefit of TCC, its subsidiaries, affiliates, and third party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on its behalf.
AMENDMENTS
TCC reserves the right to amend the Terms of Use at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to the Terms of Use shall be effective immediately upon its inclusion in, or deletion from, the Terms of Use and the posting of the same in the Terms of Use on the TCC Website.
You are encouraged to revisit the Terms of Use from time to time in order to review any changes that have been made. Your continued access and use of the TCC Website following the posting of any such changes shall automatically be deemed your acceptance of the same.
REMEDIES
You acknowledge that TCC may be irreparably damaged if the Terms of Use are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of the Terms of Use by you, TCC shall be entitled, in addition to all rights and remedies available at law, in equity or under the terms of the Agreement, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of the Terms of Use.
You agree that exclusive venue for any suit arising under the Terms of Use shall be in the Northern District of California, as appropriate. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
MISCELLANEOUS
The Terms of Use shall be construed and enforced under and in accordance with the laws of the State of California, without regard to conflicts of laws principles.
If any portion of the Terms of Use is deemed unlawful, void or unenforceable by any court of competent jurisdiction, the Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms of Use that is unlawful, void or unenforceable shall be stricken from the Terms of Use.
The headings contained in the Terms of Use are for convenience of reference only, are not to be considered a part of the Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms of Use or of the Agreement.
All covenants, agreements, representations and warranties made in the Terms of Use, as may be amended by TCC from time to time, shall survive your acceptance of the Terms of Use.
