Terms and Conditions of Use
Agreement Between Customer and TCN Networks, LLC.
1.1 This Web Site is offered to you, the customer, by TCN Networks, LLC. of 3109 Grand Avenue, Miami, Florida 33133.
1.2 When using this Web Site you are bound by these terms and conditions.
1.3 If you do not agree with these terms and conditions then you are not authorized to use this Web Site.
1.4 TCN Networks, LLC. reserves the right to change the terms, conditions, and notices under which this Web Site is offered.
2. Personal and Non-Commercial Use Limitation
2.1 This Web Site is for your personal and non-commercial use.
2.2 You are not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web Site.
2.3 As a condition of your use of this Web Site, you warrant to TCN Networks, LLC. that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
3. Copyright and Trademark Notices
3.1 All contents of this Web Site are Copyright © 2011 TCN Networks, LLC. All rights reserved.
3.2 Other product and company names mentioned on the Web Site may be the trademarks of their respective owners.
4. Liability Disclaimer
4.1 The information, software, products, and services published on this Web Site cannot be guaranteed to be free from inaccuracies or typographical errors.
4.2 From time to time content of the Web Site may be changed.
4.3 TCN Networks, LLC. and its affiliates and / or its respective suppliers may make improvements and / or changes in this Web Site at any time.
4.4 TCN Networks, LLC. and / or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this Web Site for any purpose.
4.5 TCN Networks, LLC. shall use reasonable care and skill in carrying out the services contained in this Web Site.
4.6 TCN Networks, LLC., its affiliates, and / or its respective suppliers hereby disclaim all warranties, terms and conditions with regard to this information, software, products, and services, including all implied warranties, and conditions, of merchantable quality, fitness for a particular purpose, title, and non-infringement.
4.7 In no event will either TCN Networks, LLC., its affiliates or its suppliers be liable for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract, tort, including negligence or otherwise arising out of or in any way connected with the use of this Web Site or with the delay or inability to use this Web Site, or for any information, software, products, and services obtained through this Web Site, or otherwise arising out of the use of this Web Site (including, but not limited to, loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if TCN Networks, LLC., its affiliates, or any of its suppliers has been advised of the possibility of damages.
4.8 TCN Networks, LLC., its affiliates and / or its respective suppliers shall not be liable for direct loss arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise.
5. Third-Party Sites
5.1 This Web Site may contain hyperlinks to web sites operated by parties other than TCN Networks, LLC.
5.2 Such hyperlinks are provided for your reference only. TCN Networks, LLC. has no control over such web sites and cannot be held responsible for their contents.
5.3 By inclusion of such hyperlinks TCN Networks, LLC. does not in any way endorse of any material on such web sites or any association with their operators.
6. This Web Site
6.1 Any software that is made available to download from this Web Site ('Software') is the copyrighted work of TCN Networks, LLC. and / or its affiliates and / or suppliers.
6.2 Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ('License Agreement').
6.3 You may not install, copy or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
6.4 For any Software not accompanied by a License Agreement, TCN Networks, LLC. hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web Site in accordance with these terms and conditions and for no other purpose. By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this license.
6.5 Please note that all Software, including without limitation all HTML code, Active X controls and other script contained in this Web Site, is owned by TCN Networks, LLC. and / or its suppliers and is protected by copyright laws and international treaty provisions. You may only make copies of the Software for backup or archival purposes. Any other reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not reverse engineer, de-compile or disassemble the Software except and only to the extent that law notwithstanding this limitation expressly permits such activity.
6.6 Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is under warranty, if at all, only according to the terms of the license agreement.
7. General
7.1 This agreement is governed by the laws of United States. You hereby consent to the exclusive jurisdiction of the U.S. courts in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
7.2 TCN Networks, LLC. may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
7.3 You accept that no joint venture, partnership, employment, or agency relationship exists between you and TCN Networks, LLC. as a result of this agreement or use of this Web Site.
7.4 If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
7.5 This agreement constitutes the entire agreement between the customer and TCN Networks, LLC., with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and TCN Networks, LLC. with respect to this Web Site.
7.6 A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
7.7 Fictitious names of companies, products, people, characters, and / or data mentioned herein are not intended to represent any real individual, company, product, or event.
7.8 Any rights not expressly granted herein are reserved. © TCN Networks, LLC. 2011