The website located atwww.tchbse.com (the “Site”) is a copyrighted work belonging to TCHBSE, INC. (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
TheseTerms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). you may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
These terms require the use of arbitration (Section 10.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. Accounts
1.1 Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete yourAccount at any time, for any reason, by following the instructions on theSite. Company may suspend or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under yourAccount. You agree to immediately notifyCompany of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access to the Site
2.1 License. Subject to these Terms, Company grants you anon-transferable, non-exclusive, revocable, limited license to use and accessthe Site solely for your own personal, noncommercial use.
2.2 Certain Restrictions. The rights granted toyou in these Terms are subject to the following restrictions: (a) you shall notlicense, sell, rent, lease, transfer, assign, distribute, host, or otherwisecommercially exploit the Site, whether in whole or in part, or any contentdisplayed on the Site; (b) you shall not modify, make derivative works of,disassemble, reverse compile or reverse engineer any part of the Site; (c) youshall not access the Site in order to build a similar or competitive website,product, or service; and (d) except as expressly stated herein, no part of theSite may be copied, reproduced, distributed, republished, downloaded,displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any futurerelease, update, or other addition to functionality of the Site shall besubject to these Terms. All copyrightand other proprietary notices on the Site (or on any content displayed on theSite) must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, tomodify, suspend, or discontinue the Site (in whole or in part) with or withoutnotice to you. You agree that Companywill not be liable to you or to any third party for any modification,suspension, or discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance. Youacknowledge and agree that Company will have no obligation to provide you withany support or maintenance in connection with the Site.
2.5 Ownership. Excluding any User Content that youmay provide (defined below), you acknowledge that all the intellectual propertyrights, including copyrights, patents, trade marks, and trade secrets, in theSite and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to theSite) transfers to you or any third party any rights, title or interest in or tosuch intellectual property rights, except for the limited access rightsexpressly set forth in Section 2.1.Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted underthese Terms.
3. User Content
3.1 User Content. “User Content” means any and all information and content that a usersubmits to, or uses with, the Site (e.g., content in the user’s profile orpostings). You are solely responsiblefor your User Content. You assume allrisks associated with use of your User Content, including any reliance on itsaccuracy, completeness or usefulness by others, or any disclosure of your UserContent that personally identifies you or any third party. You hereby represent and warrant that yourUser Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others thatyour User Content is in any way provided, sponsored or endorsed byCompany. Because you alone areresponsible for your User Content, you may expose yourself to liability if, forexample, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any UserContent, and your User Content may be deleted at any time without priornotice. You are solely responsible forcreating and maintaining your own backup copies of your User Content if youdesire.
3.2 License. You hereby grant (and you represent andwarrant that you have the right to grant) to Company an irrevocable,nonexclusive, royalty-free and fully paid, worldwide license to reproduce,distribute, publicly display and perform, prepare derivative works of,incorporate into other works, and otherwise use and exploit your User Content,and to grant sublicenses of the foregoing rights, solely for the purposes ofincluding your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) anyclaims and assertions of moral rights or attribution with respect to your UserContent.
3.3 Acceptable Use Policy. The following terms constitute our“Acceptable Use Policy”:
(a) You agree not to use the Site to collect,upload, transmit, display, or distribute any User Content (i) that violates anythird-party right, including any copyright, trademark, patent, trade secret,moral right, privacy right, right of publicity, or any other intellectualproperty or proprietary right; (ii) that is unlawful, harassing, abusive, tortious,threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false,intentionally misleading, trade libelous, pornographic, obscene, patentlyoffensive, promotes racism, bigotry, hatred, or physical harm of any kindagainst any group or individual or is otherwise objectionable; (iii) that isharmful to minors in any way; or (iv) that is in violation of any law,regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload,transmit, or distribute to or through the Site any computer viruses, worms, orany software intended to damage or alter a computer system or data; (ii) sendthrough the Site unsolicited or unauthorized advertising, promotionalmaterials, junk mail, spam, chain letters, pyramid schemes, or any other formof duplicative or unsolicited messages, whether commercial or otherwise;(iii) use the Site to harvest, collect,gather or assemble information or data regarding other users, including e-mailaddresses, without their consent; (iv) interfere with, disrupt, or create anundue burden on servers or networks connected to the Site, or violate theregulations, policies or procedures of such networks; (v) attempt to gainunauthorized access to the Site (or to other computer systems or networksconnected to or used together with the Site), whether through password miningor any other means; (vi) harass or interfere with any other user’s use andenjoyment of the Site; or (vi) use software or automated agents or scripts toproduce multiple accounts on the Site, or to generate automated searches,requests, or queries to (or to strip, scrape, or mine data from) the Site(provided, however, that we conditionally grant to the operators of publicsearch engines revocable permission to use spiders to copy materials from theSite for the sole purpose of and solely to the extent necessary for creatingpublicly available searchable indices of the materials, but not caches orarchives of such materials, subject to the parameters set forth in ourrobots.txt file).
3.4 Enforcement. We reserve the right (but have noobligation) to review any User Content, and to investigate and/or takeappropriate action against you in our sole discretion if you violate theAcceptable Use Policy or any other provision of these Terms or otherwise createliability for us or any other person. Such action may include removing ormodifying your User Content, terminating your Account in accordance withSection 8, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide Company with any feedback orsuggestions regarding the Site (“Feedback”),you hereby assign to Company all rights in such Feedback and agree that Companyshall have the right to use and fully exploit such Feedback and relatedinformation in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidentialand non-proprietary. You agree that youwill not submit to Company any information or ideas that you consider to beconfidential or proprietary.
4. Indemnification. You agree to indemnify and hold Company (and its officers,employees, and agents) harmless, including costs and attorneys’ fees, from anyclaim or demand made by any third party due to or arising out of (a) your useof the Site, (b) your violation of these Terms, (c) your violation ofapplicable laws or regulations or (d) your User Content. Company reserves the right, at your expense,to assume the exclusive defense and control of any matter for which you arerequired to indemnify us, and you agree to cooperate with our defense of theseclaims. You agree not to settle anymatter without the prior written consent of Company. Company will use reasonable efforts to notifyyou of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Links & Ads; Other Users
5.1 Third-Party Links & Ads. The Site maycontain links to third-party websites and services, and/or displayadvertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are notunder the control of Company, and Company is not responsible for anyThird-Party Links & Ads. Companyprovides access to these Third-Party Links & Ads only as a convenience toyou, and does not review, approve, monitor, endorse, warrant, or make anyrepresentations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads atyour own risk, and should apply a suitable level of caution and discretion indoing so. When you click on any of the Third-Party Links & Ads, theapplicable third party’s terms and policies apply, including the third party’sprivacy and data gathering practices. You should make whatever investigation you feel necessary or appropriatebefore proceeding with any transaction in connection with such Third-PartyLinks & Ads.
5.2 OtherUsers. Each Site user is solelyresponsible for any and all of its own User Content. Because we do not control User Content, youacknowledge and agree that we are not responsible for any User Content, whetherprovided by you or by others. We make noguarantees regarding the accuracy, currency, suitability, or quality of any UserContent. Your interactions with otherSite users are solely between you and such users. You agree that Company will not beresponsible for any loss or damage incurred as the result of any suchinteractions. If there is a disputebetween you and any Site user, we are under no obligation to become involved.
5.3 Release. You hereby release and forever discharge theCompany (and our officers, employees, agents, successors, and assigns) from,and hereby waive and relinquish, each and every past, present and futuredispute, claim, controversy, demand, right, obligation, liability, action andcause of action of every kind and nature (including personal injuries, death,and property damage), that has arisen or arises directly or indirectly out of,or that relates directly or indirectly to, the Site (including any interactionswith, or act or omission of, other Site users or any Third-Party Links &Ads). IF YOU ARE A CALIFORNIA RESIDENT,YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THEFOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THECREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OFEXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLYAFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. Disclaimers
THE SITE IS PROVIDED ON AN“AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLYDISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS,IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,ACCURACY, OR NON-INFRINGEMENT. WE (ANDOUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILLBE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILLBE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL,OR SAFE. IF APPLICABLE LAW REQUIRES ANYWARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED INDURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOTALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLYTO YOU. SOME JURISDICTIONS DO NOT ALLOWLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAYNOT APPLY TO YOU.
7. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NOEVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FORANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ORANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGESARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE,THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUROWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TOYOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDINGANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGESARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER ANDREGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO AMAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIMWILL NOT ENLARGE THIS LIMIT. YOU AGREETHAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATINGTO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONOR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Term and Termination. Subject to thisSection, these Terms will remain in full force and effect while you use theSite. We may suspend or terminate your rights to use the Site(including your Account) at any time for any reason at our solediscretion, including for anyuse of the Site in violation of these Terms. Upon termination of your rights under theseTerms, your Account and right to access and use the Site will terminateimmediately. You understand that anytermination of your Account may involve deletion of your User Contentassociated with your Account from our live databases. Company will not have any liabilitywhatsoever to you for any termination of your rights under these Terms,including for termination of your Account or deletion of your UserContent. Even after your rights underthese Terms are terminated, the following provisions of these Terms will remainin effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through10.
9. Copyright Policy.
Company respects theintellectual property of others and asks that users of our Site do thesame. In connection with our Site, wehave adopted and implemented a policy respecting copyright law that providesfor the removal of any infringing materials and for the termination, inappropriate circumstances, of users of our online Site who are repeatinfringers of intellectual property rights, including copyrights. If you believe that one of our users is,through the use of our Site, unlawfully infringing the copyright(s) in a work,and wish to have the allegedly infringing material removed, the followinginformation in the form of a written notification (pursuant to 17 U.S.C. §512(c)) must be provided to our designated Copyright Agent:
Pleasenote that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of materialfact (falsities) in a written notification automatically subjects thecomplaining party to liability for any damages, costs and attorney’s fees incurredby us in connection with the written notification and allegation of copyrightinfringement.
10. General
10.1 Changes. These Terms are subject to occasionalrevision, and if we make any substantial changes, we may notify you by sendingyou an e-mail to the last e-mail address you provided to us (if any), and/or byprominently posting notice of the changes on our Site. You are responsible for providing us withyour most current e-mail address. In theevent that the last e-mail address that you have provided us is not valid, orfor any reason is not capable of delivering to you the notice described above,our dispatch of the e-mail containing such notice will nonetheless constituteeffective notice of the changes described in the notice. Any changes to these Terms will be effectiveupon the earlier of thirty (30) calendar days following our dispatch of ane-mail notice to you (if applicable) or thirty (30) calendar days following ourposting of notice of the changes on our Site. These changes will be effective immediately for new users of ourSite. Continued use of our Sitefollowing notice of such changes shall indicate your acknowledgement of suchchanges and agreement to be bound by the terms and conditions of such changes.
10.2 Dispute Resolution.
Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicabilityof Arbitration Agreement. All claimsand disputes (excluding claims for injunctive or other equitable relief as setforth below) in connection with the Terms or the use of any product or serviceprovided by the Company that cannot be resolved informally or in small claimscourt shall be resolved by binding arbitration on an individual basis under theterms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held inEnglish. This Arbitration Agreementapplies to you and the Company, and to any subsidiaries, affiliates, agents,employees, predecessors in interest, successors, and assigns, as well as allauthorized or unauthorized users or beneficiaries of services or goods providedunder the Terms.
(b) NoticeRequirement and Informal Dispute Resolution. Before either party may seek arbitration, theparty must first send to the other party a written Notice of Dispute (“Notice”) describing the nature andbasis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: TBD,TBD, New Jersey 08540. After the Noticeis received, you and the Company may attempt to resolve the claim or disputeinformally. If you and the Company donot resolve the claim or dispute within thirty (30) days after the Notice isreceived, either party may begin an arbitration proceeding. The amount of any settlement offer made byany party may not be disclosed to the arbitrator until after the arbitrator hasdetermined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American ArbitrationAssociation (“AAA”), an establishedalternative dispute resolution provider (“ADRProvider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, theparties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall governall aspects of the arbitration, including but not limited to the method ofinitiating and/or demanding arbitration, except to the extent such rules are inconflict with the Terms. The AAAConsumer Arbitration Rules (“ArbitrationRules”) governing the arbitration are available online at www.adr.org or by calling the AAA at1-800-778-7879. The arbitration shall beconducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought isless than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved throughbinding non-appearance-based arbitration, at the option of the party seekingrelief. For claims or disputes where thetotal amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00)or more, the right to a hearing will be determined by the ArbitrationRules. Any hearing will be held in alocation within 100 miles of your residence, unless you reside outside of theUnited States, and unless the parties agree otherwise. If you reside outside of the U.S., thearbitrator shall give the parties reasonable notice of the date, time and placeof any oral hearings. Any judgment on the award rendered by the arbitrator maybe entered in any court of competent jurisdiction. If the arbitrator grants you an award that isgreater than the last settlement offer that the Company made to you prior tothe initiation of arbitration, the Company will pay you the greater of theaward or $2,500.00. Each party shallbear its own costs (including attorney’s fees) and disbursements arising out ofthe arbitration and shall pay an equal share of the fees and costs of the ADRProvider.
(d) AdditionalRules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall beconducted by telephone, online and/or based solely on written submissions; thespecific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve anypersonal appearance by the parties or witnesses unless otherwise agreed by theparties.
(e) Time Limits. If you or the Company pursue arbitration, thearbitration action must be initiated and/or demanded within the statute oflimitations (i.e., the legal deadline for filing a claim) and within anydeadline imposed under the AAA Rules for the pertinent claim.
(f) Authority ofArbitrator. If arbitration isinitiated, the arbitrator will decide the rights and liabilities, if any, ofyou and the Company, and the dispute will not be consolidated with any othermatters or joined with any other cases or parties. The arbitrator shall have the authority togrant motions dispositive of all or part of any claim. The arbitrator shall have the authority toaward monetary damages, and to grant any non-monetary remedy or reliefavailable to an individual under applicable law, the AAA Rules, and theTerms. The arbitrator shall issue awritten award and statement of decision describing the essential findings andconclusions on which the award is based, including the calculation of anydamages awarded. The arbitrator has thesame authority to award relief on an individual basis that a judge in a courtof law would have. The award of thearbitrator is final and binding upon you and the Company.
(g) Waiver ofJury Trial. THE PARTIES HEREBY WAIVETHEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL INFRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shallbe resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically morelimited, more efficient and less costly than rules applicable in a court andare subject to very limited review by a court. In the event any litigation should arise between you and the Company inany state or federal court in a suit to vacate or enforce an arbitration awardor otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, insteadelecting that the dispute be resolved by a judge.
(h) Waiver ofClass or Consolidated Actions. ALLCLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BEARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ANDCLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLYOR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding,including but not limited to the award of the arbitrator and compliancetherewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise requiredby law. This paragraph shall not preventa party from submitting to a court of law any information necessary to enforcethis Agreement, to enforce an arbitration award, or to seek injunctive orequitable relief.
(j) Severability. If any part or parts of this ArbitrationAgreement are found under the law to be invalid or unenforceable by a court ofcompetent jurisdiction, then such specific part or parts shall be of no forceand effect and shall be severed and the remainder of the Agreement shallcontinue in full force and effect.
(k) Right toWaive. Any or all of the rights andlimitations set forth in this Arbitration Agreement may be waived by the partyagainst whom the claim is asserted. Suchwaiver shall not waive or affect any other portion of this ArbitrationAgreement.
(l) Survival ofAgreement. This ArbitrationAgreement will survive the termination of your relationship with Company.
(m) Small ClaimsCourt. Notwithstanding theforegoing, either you or the Company may bring an individual action in smallclaims court.
(n) EmergencyEquitable Relief. Notwithstandingthe foregoing, either party may seek emergency equitable relief before a stateor federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not bedeemed a waiver of any other rights or obligations under this ArbitrationAgreement.
(o) Claims NotSubject to Arbitration. Notwithstanding the foregoing, claims ofdefamation, violation of the Computer Fraud and Abuse Act, and infringement ormisappropriation of the other party’s patent, copyright, trademark or tradesecrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoingArbitration Agreement permits the parties to litigate in court, the partieshereby agree to submit to the personal jurisdiction of the courts locatedwithin TBD County, New Jersey, for such purpose
10.3 Export. The Site may be subject to U.S. export control laws and may be subjectto export or import regulations in other countries. You agree not to export,reexport, or transfer, directly or indirectly, any U.S. technical data acquiredfrom Company, or any products utilizing such data, in violation of the UnitedStates export laws or regulations.
10.4 Disclosures. Companyis located at the address in Section 10.8. If you are a California resident,you may report complaints to the Complaint Assistance Unit of the Division ofConsumer Product of the California Department of Consumer Affairs by contactingthem in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800)952-5210.
10.5 Electronic Communications. Thecommunications between you and Company use electronic means, whether you usethe Site or send us emails, or whether Company posts notices on the Site orcommunicates with you via email. For contractual purposes, you (a) consent toreceive communications from Company in an electronic form; and (b) agree thatall terms and conditions, agreements, notices, disclosures, and othercommunications that Company provides to you electronically satisfy any legalrequirement that such communications would satisfy if it were be in a hardcopywriting. The foregoing does not affect your non-waivable rights.
10.6 Entire Terms. These Terms constitute the entire agreementbetween you and us regarding the use of the Site. Our failure to exercise orenforce any right or provision of these Terms shall not operate as a waiver ofsuch right or provision. The section titles in these Terms are for convenienceonly and have no legal or contractual effect. The word “including” means “includingwithout limitation”. If any provision ofthese Terms is, for any reason, held to be invalid or unenforceable, the otherprovisions of these Terms will be unimpaired and the invalid or unenforceableprovision will be deemed modified so that it is valid and enforceable to themaximum extent permitted by law. Yourrelationship to Company is that of an independent contractor, and neither partyis an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned,subcontracted, delegated, or otherwise transferred by you without Company’sprior written consent, and any attempted assignment, subcontract, delegation,or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in theseTerms shall be binding upon assignees.
10.7 Copyright/Trademark Information. Copyright© 2021 TCHBSE, INC. All rightsreserved. All trademarks, logos and service marks (“Marks”)displayed on the Site are our property or the property of other third parties.You are not permitted to use these Marks without our prior written consent orthe consent of such third party which may own the Marks.
