Welcome to the Techaisle website located at www.techaisle.com (the "Site"). The Site is provided by Techaisle, LLC ("Techaisle", "we" or "us"). Techaisle provides you access to the Techaisle website, and to the Service (as defined below) and the information and other materials available on and through the Site, subject to your compliance with the following terms and conditions (the "Terms and Conditions").
1. YOUR ACCEPTANCE
2. TECHAISLE SERVICES
The Site permits visitors to access general information about Techaisle and permits registered users to use Techaisle's proprietary browser-based interface to purchase, access and manipulate certain market research data and to access related information and materials (the "Service").
3. USER CONDUCT & SUBMISSIONS
Techaisle hereby grants you permission to access and use the Site as set forth in these Terms and Conditions; provided that: (i) your use of the Site is permitted solely for your personal, non-commercial use for lawful purposes; (ii) you shall not copy, sell, reproduce, publish, modify, create derivative works from, or exploit for any commercial purposes any portion of the Site other than as may be reasonably necessary to use the Site and the Service; (iii) you shall not use any high-volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); (iv) you shall not use Techaisle's name, the Site URL, Techaisle's trademarks, server, or other materials in connection with, or to transmit, any mass unsolicited communications or advertisements via e-mail (i.e., "spam"); (v) you shall not frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; and (vi) you will otherwise comply with these Terms and Conditions.
In addition, you agree not to post, upload, or transmit to the Site or to any Techaisle servers any communications, text, graphics or other information (collectively, "Unauthorized Content") that: (a) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (b) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocates or encourages any illegal activity; (d) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violates the privacy of individuals, including, but not limited to, other users of the Site; or (f) violates any applicable local, state, national or international law.
4. THIRD PARTY CONTENT AND MONITORING
We may choose to distribute and publish content supplied to the Site by you, other users and third parties ("User Content"). In the event that we do so, we will have no editorial control over such User Content. Any User Content, services, offers, or other information expressed or made available by third parties, including information provided by other users of the Site, are those of the respective author(s) or distributor(s) of that information and not of Techaisle. TECHAISLE ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS, OR APPROVALS WITH REGARD TO SUCH USER CONTENT OR OTHER THIRD PARTY INFORMATION. It is your responsibility to evaluate the information, opinions, advice or other content available through the Site, whether posted or provided by third parties or by Techaisle.
Techaisle is not responsible for screening, policing, editing or monitoring such User Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct, Techaisle may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such User Content from the Site. However, Techaisle cannot ensure prompt editing or removal of questionable User Content after online posting. Accordingly, Techaisle shall not assume any liability for User Content or third party conduct, communication or information on the Site.
Techaisle has the right, but not the obligation, to monitor and review the User Content on the Site and your account to determine compliance with the Terms and Conditions and any other operating rules established by Techaisle, to satisfy any law, regulation or authorized government request, or for any other purposes. You understand and acknowledge that Techaisle does not monitor User Content for accuracy or reliability.
5. INTELLECTUAL PROPERTY RIGHTS
Except for the information contained in any User Account, all content on the Site, including but not limited to code, films, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts within this Site ("Content"), are owned by or licensed to Techaisle and are protected by copyright, patent and other proprietary intellectual property rights under United States and foreign laws and international conventions. Techaisle grants you a non-exclusive, non-transferable, non-sublicensable limited right to access, use and display the Content in connection with your use of the Service and pursuant to these Terms and Conditions.
Except as expressly permitted in these Terms and Conditions, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or commercially exploit in any manner the Content, except that you may download one copy of the Content on any single computer for your personal, non-commercial use, provided you keep intact any copyright and other proprietary notices thereon.
Techaisle logos, trademarks and services marks which may appear on the Site ("Marks"), are the property of Techaisle and are protected under United States and foreign laws and international conventions. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written permission of Techaisle.
Techaisle and its licensors reserve all rights not expressly granted in and to the Site, Content, and Marks.
6. LINKS TO THIRD PARTY SITES
This Site may contain links to pages on other web sites ("Linked Site"), and those Linked Sites may offer products and/or services for sale or provide advice. Techaisle's provision of links to any Linked Site is for your convenience only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site. Techaisle does not author, edit, control, or monitor any Linked Site. You acknowledge and agree that Techaisle has no responsibility for the accuracy or availability of information provided by Linked Site and that Techaisle does not control or endorse the sponsors of such Linked Site or the content, products, advertising, advice or other materials presented on such Linked Site. Techaisle may remove any links at any time for any reason or for no reason.
TECHAISLE WILL NOT BE LIABLE FOR ANY TRANSACTIONS conducted WITH THIRD PARTIES OR ANY LIABILITY ARISING FROM the representations OR INFORMATION PROVIDED on Linked Sites. TECHAISLE is not and shall not be responsible for (I) the terms and conditions of any transaction between you and any third party, (II) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, (III) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services, OR (IV) any content on LINKED SITES OR OTHER third party sites, the quality of any product sold by any third party, THE ACCURACY OF ANY ADVICE GIVEN BY ANY THIRD PARTY, or any other legal liability arising out of or related to products sold OR ADVICE GIVEN by ANY third party, including, BUT NOT LIMITED TO, any product liability. IF you have a dispute with any third party or any third party's website (INCLUDING ANY LINKED SITE), products and/or services, you release TECHAISLE (and its agents, OFFICERS, PRINCIPALS and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICE AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, TECHAISLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, TECHAISLE MAKES NO REPRESENTATIONS OR WARRANTIES (I) THAT THE FUNCTIONS OF THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS IN OR ON THE SITE OR SERVICE WILL BE CORRECTED, (III) THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICE ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR (IV) THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, CURRENT OR TIMELY. TECHAISLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OF THE SERVICE PROVIDED ON THE SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT TECHAISLE) ARE SOLELY RESPONSIBLE FOR ALL INFORMATION CONTAINED IN YOUR USER ACCOUNT AND YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE AND SERVICE.
Although Techaisle attempts to ensure the integrity of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site or the Content, and it is possible that the Site or the Content could include typographical errors or inaccuracies. In the event that an inaccuracy arises, however, please inform Techaisle so that we can attempt to correct such errors or inaccuracies.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TECHAISLE, ITS OFFICERS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS OR AFFILIATES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, INCLUDING DEATH, OR DAMAGE TO PROPERTY, LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, ITS CONTENT OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TECHAISLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE CONTENT OR THE SERVICE IS TO STOP USING THE SITE, THE CONTENT AND/OR THE SERVICE.
9. EXCLUSIONS AND LIMITATIONS
Without limiting the foregoing, the aggregate liability of Techaisle to you for any and all claims arising from your use of the Site, the Content and/or Service shall not exceed the lesser of fees paid by you to Techaisle during the twelve (12) months immediately prior to the event giving rise to such claim or ten U.S. dollars ($10).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Techaisle may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Techaisle's liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Techaisle, its subsidiaries, affiliates, officers, agents, licensors, suppliers and employees harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) made by a third party due to or arising from (1) information in your User Account and any information you (or anyone accessing the Site using your password) submit, post or transmit through the Site, (2) your (or anyone accessing the Site using your password) use of the Site, (3) your (or anyone accessing the Site using your password) violation of the Terms and Conditions, or (4) your (or anyone accessing the Site using your password) violation of any rights of any other person or entity.
Techaisle reserves the right to change or modify the Terms and Conditions at any time. The Terms and Conditions shall not be modified except in writing, as posted on this Site by Techaisle. Any change or modification made by Techaisle will be effective immediately upon posting on the Site. Your continued use of the Site after any changes or modifications to the Terms and Conditions are posted will constitute your acceptance of the changes or modifications. If you object to any changes or modification made by Techaisle, your sole recourse shall be to cease using the Site. You agree that TECHAISLE shall not be liable to you or to any third party for any change or modification to the Terms and Conditions.
You agree that Techaisle, at its sole discretion, may terminate your use of the Site, and remove and discard your account and User Account from the Site, for any or no reason and without prior notice, including, without limitation, if Techaisle believes that you have (i) breached the Terms and Conditions, (ii) infringed the intellectual property or other proprietary rights of a third party, (iii) uploaded and transmitted any Unauthorized Content to the Site, or (iv) violated or acted inconsistently with the letter or spirit of the Terms and Conditions. FURTHER, YOU AGREE THAT TECHAISLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE. You may discontinue your participation in and use of the Site at any time.
13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Techaisle respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Techaisle's Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Techaisle's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
c/o Techaisle, LLC
5053 Doyle Rd, Suite 105, San Jose, CA 95129
By email: firstname.lastname@example.org
By fax: 408-253 0483
14. GOVERNING LAW AND JURISDICTION
The Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and performed entirely within California and without giving effect to any principles of conflict of laws. All lawsuits arising out of the Terms and Conditions or out of your use of the Site or Service shall be brought in the federal or state courts located in Santa Clara County, California. You hereby irrevocable submit to the exclusive personal jurisdiction of such courts for such purpose.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms and Conditions or your use of the Site or the Service.
If any provision of the Terms and Conditions are found by a court of competent jurisdiction to be unlawful, void, or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms and Conditions shall remain in full force and effect.
Any delay or failure on the part of Techaisle to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision, whether at law or equity.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms and Conditions or use of the Site and/or Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Techaisle without restriction.
© 2009, Techaisle, LLC. All rights reserved.