|
||
This page describes the terms and conditions that govern your use of the TPC website (the "Site"). PLEASE READ THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. |
||
|
If you choose to use the Site, or any of the features or content of the Site, including downloads (collectively, the “Services”), you will be agreeing to abide by all of these Terms of Service between you and TPC. |
||
|
We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing, including by email or by updating the date above after “Last Updated On”). Such changes will become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site. |
||
|
IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE YOUR USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS. |
||
|
Changes to Services. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. |
||
|
Disclaimer. TPC does not make and expressly disclaims to the fullest extent permitted by applicable law (a) any warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, title, non-infringement, or error-free or uninterrupted use of the Services and (b) any representations, content, or information accessible through the Services. |
||
|
Limitation on Liability. IN NO EVENT WILL TPC, ITS MEMBERS, DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES (“TPC PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE TPC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE TPC PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. |
||
|
Fair Use of TPC Benchmarks. To ensure that the results of TPC Benchmarks are used in a consistent and fair manner, the use of the results of TPC Benchmarks is subject to strict compliance with the provisions of the TPC Policies, as amended from time to time, which are incorporated herein by this reference. CAREFULLY REVIEW THE TPC POLICIES BEFORE USING THE RESULTS OF ANY TPC BENCHMARK. |
||
|
Governing Law, Jurisdiction and Venue. These Terms of Service have been made in and will be construed and enforced in accordance with California law. Any action to enforce these Terms of Service must be brought in the federal or state courts located in San Francisco, California. |
||
|
Privacy Policy. Nothing in these Terms of Service will serve to preempt the promises made in our Privacy Policy. |
||
|
Contact. Correspondence regarding the Services should be sent to: Admin@TPC.org. |
