Please
Read Carefully Prior To Using This Website
I. Acceptance of Terms and Conditions
Use of this TNI Solutions, Inc.
("TNI Solutions") Website (this "Website")
are governed by the terms and conditions below. These
terms and conditions are legally binding on all users
of this Website. By accessing this Website, you ("User")
agree to abide by these terms and conditions. If you
as the User of this Website do not agree with any of
these terms and conditions please do not use this Website,
because by using the Website you will be deemed to have
irrevocably agreed to these terms and conditions.
II. Intellectual Property Rights
- Ownership
All content, text, images, data, information and other
material displayed, available or present on this Website
("Content"), including any intellectual
property rights in such Content (including without
limitation trademarks and copyrights) (hereinafter
"Intellectual Property Rights"), are the
property of TNI Solutions, its affiliates, its licensors
or the designated owners, and are protected by applicable
intellectual property laws. User should assume that
everything User sees or reads on this Website is copyrighted
unless otherwise noted, and may not be used without
the written permission of TNI Solutions except as provided
in these terms and conditions.
- Authorized and Prohibited
Uses
User may access, use and display this Website on a
single computer only and download and print copies
of the Content only for non-commercial, informational,
personal use, without modification or alteration in
any way, and only so long as User complies with these
terms and conditions and applicable laws. User may
not otherwise reproduce, sell, publish, distribute,
modify, display, or use any of this Website or the
Content without the prior written permission of TNI Solutions;
provided, however, if the functionality of the Website
permits the e-mailing of certain Content or a link
through the use of an "e-mail to a friend"
(or similar) icon, User may send that particular Content
or link to others by e-mail, as indicated. User will
not infringe upon any Intellectual Property Rights
or remove or modify related proprietary notices contained
in this Website or the Content.
- Registration and Passwords
TNI Solutions may or may not at times require a User
to have a password and provide registration details
to access this Website or portions of this Website.
If TNI Solutions does require a password and registration
details, it shall be a condition of use of this Website
that all the details User provides are correct, current
and complete. If TNI Solutions believes that the details
are not correct, current or complete, TNI Solutions will
have the right to refuse User access to the Website,
or any of its resources, and to terminate or suspend
User's account, if any. User is responsible for maintaining
the confidentiality of any password(s) User is given
to access this Website, and User is fully responsible
for all activities that occur under User's password(s).
User agrees to notify TNI Solutions immediately of any
unauthorized use of User. s password(s). TNI Solutions
reserves the absolute right not to issue a password
to any person or entity.
III. Website and Registration
Administration
- Linking
No link shall be made to any page of this Website
except a direct link to the top page (http://www.tnisolutions.com/)
without framing. In addition, any link to this Website
must be immediately followed by notice to TNI Solutions
via e-mail at webmaster@tnisolutions.com.
Moreover, in the event TNI Solutions deems User's linking
practices in relation to this Website to be inappropriate,
TNI Solutions may provide notice to the User concerning
removal or modification of the inappropriate link,
and User agrees to comply with any and all requirements
of TNI Solutions relating thereto. Upon notification
of TNI Solutions as provided above, User may link to
this Website unless and until TNI Solutions gives notice
that User must discontinue linking to this Website.
- Authority of Website Administrator
TNI Solutions may in its discretion modify, edit, translate,
suspend, restrict access to or terminate this Website,
these terms and conditions, the Content or any link
at any time without liability or prior notice. TNI Solutions
may in its discretion terminate the browsing of, registration
with and use of this Website by any User at any time
without liability or prior notice for any reason,
including for any breach of these terms and conditions.
IV. User Requirements and Obligations
- Compliance
User will comply with all applicable laws in connection
with its use of this Website.
- Unsuitable Conduct
User will not engage in conduct on or in connection
with this Website that is illegal, misleading, infringing,
defamatory, obscene, offensive, or otherwise objectionable.
User will not cause damage, embarrassment or adverse
publicity to TNI Solutions.
- User Cooperation and Notification
User will cooperate with all reasonable requests of
TNI Solutions and will notify TNI Solutions promptly upon
learning of any actual or suspected breach of these
terms and conditions by User or unauthorized use or
abuse of this Website.
- Third Party Sites and Other
Information
As a convenience to User, this Website may contain
Content, links, and other information submitted by
third parties over whom TNI Solutions has no control
or responsibility. TNI Solutions has no obligation to
monitor, control or restrict the use of this Website,
or third party websites accessible via links on this
Website. These other sites are not under the control
of TNI Solutions, and User acknowledges that (whether
or not such sites are affiliated in any way with TNI Solutions)
TNI Solutions is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect
of the content of such sites. The inclusion of such
a link does not imply endorsement of any site by TNI Solutions
or any association with its operators. Moreover, TNI Solutions
has no obligation to verify any Content submitted
by a user or to provide any registration or other
information to User concerning any Content.
- Warranty
Disclaimers, Limitations on Liability and Remedies
This Website, its Content, and its links are provided
on an "as is" basis and are used only at
the sole risk of User, to the fullest extent permissible
by law. TNI Solutions disclaims all warranties, express
or implied, of any kind, regarding this Website (including
its Content, hardware, software and links), including
ANY IMPLIED WARRANTIES as to fitness for a particular
purpose, merchantability, title, non-infringement,
results, accuracy, completeness, accessibility, compatibility,
security and freedom from computer virus. IF APPLICABLE
LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF
THE ABOVE IMPLIED WARRANTIES TO APPLY TO user, THE
ABOVE EXCLUSIONS WILL APPLY TO user TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW.
TNI Solutions will not be liable
for any damages or losses, including direct, indirect,
consequential, special, incidental or punitive damages
and lost profits, in connection with use of the
internet, this Website, its Content, or its links,
however caused, whether in contract, tort, negligence,
strict liability or otherwise, even if TNI Solutions
has been advised of the possibility of such damages.
TNI Solutions will not be a party to, and will have
no responsibility or liability for, any transaction
negotiated or arranged by a User arising in connection
with this Website. in any event, IF ANY OF THE ABOVE
PROVISIONS IN THIS SECTION are NOT ENFORCEABLE IN
AN APPLICABLE JURISDICTION, The maximum liability
of TNI Solutions will be limited to, in the sole discretion
of TNI Solutions, either the (1) correction or deletion
of any inaccurate Content or link; or (2) refund
of any fees for this Website received by TNI Solutions
from User.
- Indemnification
User will defend, indemnify and hold harmless TNI Solutions
and its affiliates, officers, directors, employees
and contractors from any demands, claims, damages,
liabilities, expenses or harms, including attorneys
fees, arising in connection with User. s use of this
Website, online conduct, breach of these terms and
conditions or dealings or transactions with other
persons resulting from use of this Website.
V. Miscellaneous
- Separate Terms and Conditions
In connection with User. s use of and/or access to
Content contained in certain areas of this Website,
it may be necessary for User to consent to policies
or terms and conditions in addition to the terms and
conditions set forth herein, which User should read
carefully before making any use of such Content or
areas of this Website. Any such terms will not vary
or replace these terms and conditions regarding any
use of this Website, unless otherwise expressly stated.
- Privacy Policy
TNI Solutions is concerned about privacy and has developed
a policy to address privacy concerns. User can find
the current privacy policy at www.tnisolutions.com/legal.htm
(the "Privacy Policy"). The Privacy Policy
is hereby incorporated into these terms and conditions
by reference, and constitutes a part of these terms
and conditions.
- Dispute Resolution; Applicable
Law and Forum
With respect to any and all disputes arising out of
or in connection with this Website or these terms
and conditions (including without limitation the Privacy
Policy), TNI Solutions and User agree to negotiate
in good faith and undertake reasonable efforts to
cooperate with one another in order to achieve a mutually
satisfactory resolution. TNI Solutions has no obligation
to become involved in any dispute between a User and
any other person. This Website, these terms and conditions
and any dispute arising in connection therewith shall
be exclusively governed by and construed in accordance
with the laws of the State of Texas without regard
to its conflict of law principles. TNI Solutions and
User agree that all disputes arising under this agreement
will be settled exclusively through confidential binding
arbitration in [Austin, Texas] or another forum mutually
agreed upon by the parties, pursuant to the Rules
of Arbitration ("Rules") of the International
Chamber of Commerce ("ICC") by a sole arbitrator
nominated by agreement of the parties and confirmed
in accordance with the said Rules. The arbitrator's
award shall be binding and may be entered as a judgment
in a court of competent jurisdiction. User agrees
that TNI Solutions is entitled to obtain preliminary
injunctive relief to the extent allowed by law to
enforce any of the terms of these terms and conditions
pending a final arbitral decision.
- Modification of Terms and
Conditions, Etc.
These terms and conditions and the Privacy Policy
referenced herein constitute the complete agreement
between the parties with respect to their subject
matter and supersede any prior agreement or communication.
These terms and conditions are subject to change from
time to time. TNI Solutions will endeavor to post
a notice of any changes to these terms and conditions
for a period of thirty (30) days following any such
modifications. Therefore, User is advised to review
these terms and conditions occasionally, or at least
every thirty (30) days. User. s continued use of this
Website subsequent to TNI Solutions. notice of modification
of these terms and conditions shall constitute User's
acceptance of the modified terms and conditions. If
any term or provision of these terms and conditions
shall be found to be invalid, illegal or otherwise
unenforceable, such finding shall not affect the other
terms or provisions of these terms and conditions,
or the whole of these terms and conditions, but such
term or provision shall be deemed modified to the
extent necessary to render such term or provision
enforceable, and the rights and obligations of the
parties shall be construed and enforced accordingly,
preserving to the fullest permissible extent the intent
and agreements set forth in these terms and conditions.
User's obligations pursuant to these terms and conditions
shall survive termination of this Website, any use
by User of this Website, any Content of User on this
Website, or these terms and conditions.
- Contact Information
If you have any questions regarding these Terms of
Use, please contact TNI Solutions at webmaster@tnisolutions.com.
If you have any questions regarding this Website,
please contact TNI Solutions at webmaster@tnisolutions.com.
©Copyright 2006 TNI Solutions,
Inc. All Rights Reserved.
Last Updated 03/27/2007
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