Last Updated: September 25, 2015
Tekmark Global Solutions LLC (collectively, "Tekmark" "we" "us" or "our," as applicable) provides this Web site, located at URL http://www.tekmarkinc.com, and all associated Web pages (the "Site") subject to this Terms and Conditions Agreement ("Agreement"). By accessing this Site you acknowledge and agree that you have freely and voluntarily entered into this Agreement, and have read and understood each and every provision, including, but not limited to, your rights, obligations, and applicable terms and conditions as set forth herein. By using this Site, you are representing that you are at least eighteen (18) years of age. Your use of the Site signifies your assent to be bound by this Agreement. If you do not agree to be legally bound by this Agreement, you should exit this Site immediately.
We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. Unless otherwise specified, such changes shall be effective upon posting. You have the obligation to review changes in this Agreement. You agree that your continued use of the Site after the posting of any revised Agreement constitutes your agreement to be bound by such revised Agreement.
Your Access to the Site
Access to and use of password protected and/or secure areas of the Web site is restricted to authorized users only. Unauthorized individuals attempting to access these areas may be subject to prosecution.
Information You Provide
Tekmark grants you a non-exclusive, non-transferable, non-sublicensable, limited, and revocable right to access, use, and display this Site on any computer(s) or other electronic display device of which you are a user, subject to all terms and conditions of this Agreement. No other use of the Site and the information contained thereupon is authorized. In consideration of this authorization, you agree that any copy, download, or dissemination of these materials will retain all copyrights, trademarks, and other proprietary notices in the same form and manner as on the original. Linking to any page of the Site other than to http://www.tekmarkinc.com through a plain text link is strictly prohibited in the absence of a formal agreement with Tekmark.
Monitoring of the Site
We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site and property, or to protect Tekmark or other users of the Site.
Notice of Trademark Rights, Copyright and Rights in Proprietary Materials
The trademarks, trade names, service marks, and logos (collectively, "Marks") of Tekmark are Marks of Tekmark and any third party Marks appearing on the Site are the property of their respective owners. You acknowledge the rights of Tekmark and the respective third parties in those Marks and, further, that you have no right or authorization to copy or use any of those Marks in any way except as expressly granted by this Agreement. In addition, the Site contains material protected by copyrights, patents, or other proprietary rights and laws, including, but not limited to, text, software, photos, videos, graphics, and images (collectively referred to herein as the "Proprietary Material") and such Proprietary Material other than as permitted herein is expressly prohibited without the prior written permission of Tekmark and/or the relevant rights holder.
Everything on the Site is copyrighted and the copyrights are owned by Tekmark or the original creator of the material.
In the event that you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (a portion of the "Digital Millennium Copyright Act") to Tekmark's Designated Representative, as set forth below:
Copyright Representative: Robert Scarcelle
Phone: (732) 572-5400
You agree to indemnify, defend, and hold harmless Tekmark, its subsidiaries and affiliates, its and their directors, officers, employees, agents, licensors, attorneys, independent contractors, providers (collectively, the "Indemnified Parties") from and against any and all losses, expenses, damages, demands or liabilities, including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim, suit, or other action by a third party (including any intellectual property claim) arising out of or based upon (i) materials and content you submit, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law or regulation. You further agree that you will cooperate as reasonably required in the defense of any such claims. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Tekmark. You further agree to hold harmless the Indemnified Parties from any claim arising out of or based upon a third party's use of information or materials of any kind that you post in a Public Area.
Disclaimer of Warranties
You acknowledge and agree that this site, and all of the contents therein, are provided on an "as is," "as available" basis. Tekmark Global Solutions LLC does not make any, and hereby specifically disclaims any and all, representations, endorsements, guarantees, or warranties, express or implied, (collectively "warranties"), regarding this site, including, without limitation, any warranties: (i) of merchantability, fitness for a particular purpose, title, and noninfringement of intellectual property rights; (ii) arising from any course of dealing, course of usage or course of performance; (iii) that the site, its servers, or email sent from Tekmark Global Solutions LLC , are free of viruses or other harmful components or (iv) of timeliness, accuracy, reliability, or content of this site and any information provided through it under this agreement.
Tekmark does not make any warranty, express or implied, with respect to the use of links provided on or to this site. Tekmark is not in any way responsible for any information, products, or services accessible through other web sites that link to or from this site. Tekmark shall have no liability of any nature whatsoever in relation to any information or services provided by a site that you reach through a link either to or from this site, and you agree that Tekmark is not and will not become liable or responsible in any way for any loss or damage caused by your use of, or reliance on, such material(s), nor for any failure to enforce any of Tekmark's rights under this agreement, at law or in equity, against any site user of third party.
Limitation of Liability
You agree that under no circumstances shall Tekmark, its affiliates or subsidiaries be liable for any damages whether direct, indirect, incidental, consequential, special, punitive, or exemplary damages (collectively, the "excluded damages"), arising out of your use of or inability to use this site, such as, but not limited to, loss of revenue or anticipated profits, lost business, lost savings, goodwill or data, the provision of personally identifiable information, any failure of performance, error, omission, denial of service attack, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or third party theft of, destruction of, unauthorized access to, alteration, or use of your information, equipment, or property, even if Tekmark has been advised of the possibility of or could have foreseen the excluded damages.
The foregoing shall apply regardless of: (i) the negligence of Tekmark; or (ii) the gross negligence of Tekmark; or (iii) any failure of an essential purpose; or (iv) whether such liability sounds in negligence, strict liability, contract, tort or any other theory of legal liability. In those jurisdictions that do not allow the exclusion or limitation of liability for the excluded damages, Tekmark’s liability shall be limited to the fullest possible extent permitted by law. In no event shall the aggregate liability of Tekmark, its affiliates or subsidiaries to you exceed one hundred dollars ($100).
While this Site may contain links to third-party sites, Tekmark is not responsible for the content of any linked sites. Tekmark provides these links as a convenience and does not endorse the companies or contents of any linked sites.
Your Posted Information
You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material.
Export of Information
The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No content from this Site may be downloaded or otherwise exported in violation of the United States laws.
You acknowledge and agree that Tekmark may suspend or terminate your access or use of the Site without prior notice if you engage in conduct that Tekmark, in it sole discretion, believes violates any term or provision of this Agreement, otherwise violates the rights of Tekmark or any third party, or is otherwise inappropriate for continued access and use of the Site. You further acknowledge and agree that Tekmark may suspend or terminate your access and use of the Site at any time, with or without cause, in Tekmark's absolute discretion and without notice. The relevant version of this Agreement shall continue to apply to all prior use of the Site. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, Termination, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by Tekmark to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement, or your use of the Site, other than action for specific performance or injunctive relief brought by Tekmark, shall be exclusively brought in the federal, state, or local courts located in the State of New Jersey, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Agreement constitutes the entire agreement between you and Tekmark with respect to the Site and your use thereof and supersedes all prior agreements or understandings, whether written or oral, between you and Tekmark with respect to the Site and your use thereof. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. Not all products and services on this Site are available in all jurisdictions. If you are using this Site from outside of the United States, you are responsible for ensuring that your use of the Site is in compliance with the law of national jurisdiction. This Agreement inures to the benefit of Tekmark, its successors and assigns. You may not assign this Agreement or any of your rights and liabilities hereunder. Any purported assignment by you, by operation of law or otherwise, in contravention of the foregoing non-assignment provision shall be null and void.
Your use of this Web Site evidences your agreement to be bound by the Terms & Conditions that are set forth above and that apply to this Site.