Legal Terms and Conditions
Thank you for visiting our Web Site (“Site”). This Site is provided for your personal use. YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE.
Acceptance of the Terms
Your use of this Site is governed by the following terms of use (“Terms”). You may not use the Site if you do not accept the Terms.
You can accept the Terms by either (1) clicking to accept or agree to the Terms, where this option is made available to you; or (2) by actually using the Site. In this case, you understand and agree that TLXP Corp. and its affiliates (collectively, “TLXP Corp.”) will treat your use of the Site as acceptance of the Terms from that point onwards.
By clicking to accept or agree to the Terms or by using this Site, you agree to comply with and to be bound by these Terms. TLXP Corp. may, from time to time, change these Terms in its sole discretion. By using this Site after any such change, you agree to comply with and be bound by the Terms as changed.
You may not use the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with TLXP Corp. or (b) you are barred from doing so under the laws of the United States or other countries including the country in which you are resident or from which you use the Site.
You should print or save a local copy of the Terms for your records.
If you do not agree with all of these Terms, please exit this Site now.
Access to the Site
In order to access certain portions of the Site, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to TLXP Corp. will always be accurate, correct and up to date.
You agree not to access (or attempt to access) any portion of the Site by any means other than through the interface that is provided by TLXP Corp. unless you have been specifically allowed to do so in a separate agreement with TLXP Corp.. You specifically agree not to access (or attempt to access) any portion of the Site through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Site.
You acknowledge and agree that TLXP Corp. may stop (permanently or temporarily) providing access to the Site (or access to any portion of the Site) to you or to users generally at TLXP Corp.’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to specifically inform TLXP Corp. when you stop using the Site.
TLXP Corp. may, at its sole discretion, provide some (but not all) users who register access to password protected sections of the Site. If you are provided with such access, you agree and understand that you are responsible for maintaining the confidentiality of any passwords and/or login information you use to access the Site, and you agree that you will be solely responsible to TLXP Corp. for all activities that occur under your password and/or login.
You must immediately notify us if your password and/or login is lost, stolen, or used without permission. Such notifications should be sent by e-mail to info@tlxp.com.
You agree to use the Site only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree that you will not engage in any activity that interferes with or disrupts the Site.
Copyright, Trademark and Other Intellectual Property Protection
All content appearing on this Site is Copyright © TLXP Corp. 2009. All rights reserved.
TLXP Corp. owns the trademarks, services marks and trade dress (“Trademarks”) displayed on this Site. Nothing on this Site should be construed as a license to use the Trademarks. Your use of the Trademarks displayed on this Site is strictly prohibited.
Furthermore, you acknowledge that the Site may contain information which is designated confidential and/or proprietary by TLXP Corp. You agree to act to safeguard the secrecy and confidentiality of, and any proprietary rights to, any non-public confidential and/or proprietary information, except to the extent such information is required to be disclosed by law. Unless required by law, you shall not disclose any non-public confidential and/or proprietary information without TLXP Corp.’s prior written consent.
Submissions
You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to TLXP Corp. through or in connection with this Site (“Submissions”), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, TLXP Corp.’s property. Such disclosure, submission or offer of any Submission shall constitute an assignment to TLXP Corp. of all rights, title and interests in all copyrights and other rights in the Submission. TLXP Corp. is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission though, in connection with or related to this Site, you agree that TLXP Corp. has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. TLXP Corp. does not and cannot agree to consider or review every Submission. You are and shall remain solely responsible for the content of any Submission you make.
Click here to view our Privacy Policy.
Links
This Site may contain links to other Sites. TLXP Corp. is not responsible for the availability of, or any content or material contained in, or obtained through, any such Sites. Any link to another Site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by TLXP Corp. Any questions or comments relating to such other Sites should be addressed to the operators of those Sites.
Breach and Termination
The Terms will continue to apply until terminated by either you or TLXP Corp. as set out below.
If you want to terminate your legal agreement with TLXP Corp., you may do so by notifying TLXP Corp. at any time and surrendering to TLXP Corp. all passwords, logins and/or non-public confidential and/or proprietary information. Your notice should be sent, in writing, to TLXP Corp. at 12 West 31st St. 3rd Floor, New York, NY 10001.
TLXP Corp. may at any time, terminate its legal agreement with you if: (1) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (2) TLXP Corp. is required to do so by law.
When these Terms come to an end, all of the legal rights, obligations and liabilities between the parties shall be unaffected, and the Applicable Law set forth below shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree that you are solely responsible for (and that TLXP Corp. has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TLXP Corp. may suffer) of any such breach.
Disclaimer
TLXP Corp. strives to provide accurate material on this Site. However, material in this Site may contain inaccuracies or typographical errors. TLXP Corp. shall not be liable or responsible for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through the Site. This Site and the information and material contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
No Warranties
This Site and the contents of this Site are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, TLXP Corp. makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms, or Trojan horses) or implied warranties or merchantability or fitness for a particular purpose, with respect to this Site or its contents and expressly disclaims any representations and warranties.
You agree, by using this Site, that your use of this Site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Site, and that TLXP Corp. shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this Site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers or warranty may not apply to you.
TLXP Corp. assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this Site or any materials provided on this Site.
Limitation of Liability
In no event shall TLXP Corp. be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever. Even if TLXP Corp. has been previously advised of the possibility of such damages, whether in an action under contract tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you.
Applicable Law
These Terms and your use of this Site shall be governed under the laws of the State of New York, without regard to its conflicts of law principles. Any dispute arising under these Terms or out of your use of this Site shall be resolved exclusively by the state and federal courts of the State of New York, County of New York and/or the Southern District of New York. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.
Severed Provisions and Entire Agreement
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.
This is the entire agreement between the parties relating to the subject matter.
TLXP Corp. may modify these terms and conditions at any time and without notice.
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