The Terms of Service below apply to your use of the TickerMenu.com website (the "Website" or "Site"). The Highly Technical Doohickey Company (in this document "us" or "we," as appropriate) may change these Terms of Service from time to time. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the Terms of Service.
1. In consideration of use of the Site, you agree to provide true, accurate, current and complete information about yourself when communicating with us or our agents. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Site. You agree not to resell or transfer any material, including software, obtained through the Site.
2. By using the Site, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. Use of the Site is provided "as is," without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the Site. Specifically, we disclaim any and all warranties, including, but not limited to:
(a) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services and
(b) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
3. Neither we nor any of our employees, agents, successors, assigns, affiliates or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of the Site or inability to gain access to or use the Site or out of any breach of any warranty. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of us, our employees, agents, successors, assigns, affiliates, and content or service providers respective liability is limited to the greatest extent permitted by such state law.
4. We reserve the right to change any information on this Site including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Site might take you to other web sites for which we assume no responsibility of any kind for the content, availability or otherwise. The content presented at this Site may vary depending upon your browser limitations.
5. While using the Site, you may not:
(a) post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
(b) post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by us).
6. If you wish to make purchases through the Site, you may be asked by us, our agents or service provider through whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold us or them liable for any loss or damage of any sort incurred as a result of any such dealings with us, our agents or service providers through the Site. You agree that all information you provide for purposes of making purchases will be accurate, complete and current. We may change prices of our products or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.
7. The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Tennessee.
8. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
9. You agree to defend, indemnify and hold us and our affiliates and service providers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or related to any violation of the Terms of Service by you.
10. We and our affiliates, officers, directors, agents and employees are not responsible and you agree not to hold us or our affiliates, officers, directors, agents and employees liable for losses caused directly or indirectly by conditions beyond their control, including but not limited to flood, extraordinary weather condition, earthquake or other act of God, fire, war, insurrection, riot, terrorist act, labor dispute, accident, action of government, communications problems, denial of service attacks, computer hacking, Internet problems, power failure, or equipment or software malfunction.
11. We own the content and/or are authorized to use the information on this Site. Except as otherwise authorized in writing by the Highly Technical Doohickey Company, you are permitted to download, save, cache, display, reformat and print a copy of the information made available through this Site, including the screens appearing on this Site, only for your own personal non-commercial use. If you do so, you agree to retain all copyright and other proprietary notices contained on such material. You may not download and/or save, cache, display, reformat, print, reproduce, republish or otherwise distribute a copy of any of the information made available through this Site, including the screens displayed on this Site, except as otherwise expressly provided in the Terms of Service, for any purpose. We do not grant any license or other authorization to any user of the Site to use any trademarks, registered trademarks, service marks, trade names, trade dress, or copyrighted material, or other intellectual property which appear on the Site.