Terms and Conditions

Acceptance of Terms
The content available at the World Wide Web site www.teaktechnologies.com (the “Site”) is a copyrighted work belonging to Teak Technologies, Inc. (“Teak”) and its suppliers. Teak grants you the right to access and use the Site subject to the following terms and conditions (the “TOS”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.

Teak reserves the right, in its discretion, to update or revise these TOS by posting the revised version on this Site. All amended terms shall automatically become effective once they are posted on the Site. Your continued use of this Site following the posting of any changes to the TOS constitutes acceptance of those changes, and therefore you should periodically visit this page to examine the then-current TOS. In addition, Teak reserves the right at any time and periodically to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Teak will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Third Party Sites
The Site may provide links to other websites on the Internet. Teak cannot control and is not responsible for the content of any other Web site linked to or from the Site, including any advertising, products, or other materials on or available from such Web sites or resources. The inclusion of any link to a Web site does not imply endorsement of that Web site by Teak or any association with the operators of such Web site. If you link to another Web site, you leave Teak's Site, and if you do so, you do so entirely at your own risk. TEAK MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY SUCH LINKED SITE INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OR ANY CONTENT OF A LINKED SITE.

License from Teak
You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Subject to these TOS, Teak grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the materials contained on the Site (the “Content”) only for your internal use and to make such copies only as may be incidentally created during your exercise of the foregoing license. The Site and the Content are copyrighted works of Teak and/or its partners under United States and international copyright laws. Neither the Site nor the Content may be reproduced, publicly displayed, publicly performed, modified or adapted, distributed or transmitted in any form by any means (including but not limited to electronic duplication or transmission) without the prior written permission of Teak except as set forth in these TOS.

Certain of the names, logos, and other materials displayed in the Content or on the Site constitute trademarks, trade names, service marks, or logos (“Marks”) of Teak or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Teak or those other entities.

Opinions Expressly Those of Authors
The opinions expressed on the Site state only those opinions of the author of such a post (as is clearly designated).

Feedback and Responsive Posts
Teak welcomes your participation in posting on the Site. However, in so participating, please be aware that you are solely responsible for your content or other information you distribute, post, include, link to or otherwise upload to the Site. You agree that Teak is only acting as a venue and that Teak has no liability related to the content of any forum posting or any other user-created content on the Site, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You will not upload, post, email, transmit or otherwise make available through the Site any information, content or material that is false, misleading, threatening, abusive, defamatory, obscene or pornographic, or invades another's privacy, or promotes bigotry, racism, hatred or harm against any individual or group, or infringes another's rights, including any intellectual property rights. You will not upload, post, email, transmit or otherwise make available through the Site any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.

Teak will treat any feedback, suggestions, data, comments, or concepts (collectively, “Submissions”) that you provide as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Teak to the contrary, you agree that you will not submit confidential or proprietary information to Teak. No compensation will be paid with respect to the use of any information, content or material that you upload, post, transmit or otherwise make available through the Site. You grant to Teak an unrestricted, irrevocable license to use, reproduce, modify, distribute, publicly display, publicly perform and transmit all such information, content and material and to sublicense others to do so on Teak's behalf in connection with the Site. You represent and warrant that: (i) you own the information, content or material posted by you on the Site or otherwise have the right to grant the license set forth in this section, and (ii) your information, content or material does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any information, content or material you post to or through the Site.

Access and Interference
You agree that you will not use any device, software, or programming routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Teak's infrastructure.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEAK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TEAK DOES NOT WARRANT THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE. TEAK DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TEAK OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AS A RESULT OF YOUR USE OR ACCESS OF THE SITE. TEAK'S AND ITS SUPPLIERS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SITE IS LIMITED TO $50.00.

Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW.

Special Admonition Against Financial Information
You understand that the Site is furnished for informational purposes only, and that no mention of a particular company or security on the Site constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person.

From time to time, the Site may contain forward-looking statements. These statements relate to future events or Teak's future financial performance. Teak has attempted to identify forward-looking statements by using words like “anticipates,” believes,” “could,” “estimates,” “expects,” “intends,” “may,” “plans,” “potential,” and “predicts,” or the negative of these words. These statements are only predictions and involve known and unknown risks, uncertainties, and other factors that may cause Teak's or Teak's industry's actual results and performance to be materially different from those expressed or implied by these statements. In addition, the Site may contain press releases, which reflect the information in Teak's possession or Teak's prediction of future events. Information appearing in such press releases is current only as of the date of the release, and shall not be considered “republished” at any later date.

Indemnity
You agree to indemnify and hold Teak and its affiliates, officers, directors, or other partners, and its employees and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another.

General
These TOS are the entire and exclusive agreement between Teak and you regarding the Site, and these TOS supersede and replace any prior agreements between Teak and you regarding the Site. The failure of Teak to exercise or enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. The TOS will be governed by and construed in accordance with the laws of the State of California , without giving effect to any conflict of law principles that would require the application of the laws of a different state. Teak respects the privacy of others. These TOS incorporate the terms of Teak's privacy policy, which may be found at http://www.teaktechnologies.com. Any disputes under these TOS may be brought in the state courts and the Federal courts located in California , and the parties hereby consent to the personal jurisdiction and venue of these courts. You acknowledge and agree that Teak has the right to terminate your right to access and use the Site if you violate these TOS or any other agreements or guidelines associated with your use of the Site. If any provision of the TOS shall be held by a court of competent jurisdiction to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force and effect.

Disclosures
The content is provided by Teak Technologies, Inc., located at 2901 Tasman Drive, Ste. 219, Santa Clara, CA 95054, and its suppliers. Certain pages of the Site are provided by Teak's suppliers and are subject to additional terms and conditions of use that are found on such pages.

This document was last updated in July 2007.

 

Copyright © 2005 - 2008, Teak Technologies, Inc., Privacy Statement, Terms and Conditions.