TERMS OF USE INCLUDING PRIVACY POLICY AGREEMENT
BETWEEN USER AND TAISC, INC.,
THE OPERATOR OF THE SITE "www.taisc.com"
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TERMS OF USE, NOTICES AND AGREEMENT
Please read this agreement ("Agreement") carefully before accessing or using this web site ("Site"). By accessing or using the Site, you represent that you have read and agree to be bound by this Agreement which contains the terms and conditions of service for this Web site. TAISC, Inc., a Texas corporation, F/K/A TransAmerica Investment Services Co. and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of all terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices.
The information and services offered on this Site are provided with the understanding that neither TAISC, nor its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
TAISC, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While TAISC, strives to keep the information on this Site accurate, complete and up-to-date, TAISC, and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
AUTHORITY
You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may access, download and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by TAISC, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of TAISC, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
PROPRIETARY RIGHTS
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by TAISC, its affiliates or its suppliers. © Copyright 1997-2004 - TAISC, Inc. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of TAISC. TAISC specifically disclaims any ownership to marks owned by others and referred to within the contents of this site or elsewhere.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to TAISC that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates and you may become liable for civil and criminal penalties.
PRIVACY POLICY
From time to time, you may enter personal information on the Site or communicate information to us by other methods. We have developed a Privacy Policy in order to specifically describe how we may and may not use your personal information. You can review the most current version of the Privacy Policy at any time on our website by following the appropriate link. Please read the Privacy Policy in its entirety.
LIABILITY DISCLAIMER
You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither TAISC nor its affiliates are responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TAISC, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL TAISC, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TAISC, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless TAISC, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to web sites operated by parties other than those of TAISC, or its affiliates. Such hyperlinks are provided for your reference only. TAISC does not control such web sites, and is not responsible for their contents. Inclusion of hyperlinks by TAISC to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the privacy policy you just read is applicable only when you are on our Site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.
CHANGES TO SITE
TAISC, its affiliates and/or its suppliers may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. TAISC may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
ACCESS OUTSIDE OF THE UNITED STATES
TAISC does not represent that materials contained herein are appropriate or available for use in countries outside the United States. If you choose to access the Site from outside the United States, you are responsible for compliance with foreign and local laws. From time-to-time, software may be used or available through this Site that is further subject to United States export controls and may not be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or (ii) to anyone on the U.S. Treasury Department's Table of Deny Orders, as amended from time-to-time. By using the Site, you represent and warrant that you are not located in, controlled by or a national or resident of any such country or on any such list. If you violate any of these terms, your permission to use the Site automatically terminates.
HEADINGS
The section titles herein are used solely for the convenience of you and TAISC and have no legal or contractual significance.
MISCELLANEOUS
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Failure by TAISC, or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one hundred eighty (180) days after such claim or cause of action arose or be forever barred. Any legal action or proceeding between TAISC and/or its affiliates and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Texas, Harris County, Texas.
"National Association of Equipment Leasing Brokers", "NAELB", and the "NAELB Logo" are trade marks and service-marks of the National Association of Equipment Leasing Brokers. TAISC is a member of the National Association of Equipment Leasing Brokers and is an authorized user of the trade marks and services-marks.
BE NOTIFIED THAT TAISC DOES NOT NOW NOR HAS IT EVER OFFERED ANY INSURANCE PRODUCTS OR RELATED FINANCIAL SERVICES AND IS NOT NOW NOR HAS IT EVER BEEN AFFILIATED IN ANY MANNER WHATSOEVER WITH TRANSAMERICA CORPORATION (www.transamerica.com), A WHOLLY OWNED SUBSIDIARY OF AEGON N.V. BASED IN THE HAGUE, THE NETHERLANDS. IF YOU WISH TO CONTACT TRANSAMERICA CORPORATION, PLEASE VISIT THEIR WEBSITE AS NOTED ABOVE OR CONSULT YOUR TELEPHONE DIRECTORY. THIS NOTICE HAS BEEN INSERTED AND IS BEING GIVEN IN ORDER THAT THERE IS ABSOLUTELY NO IDENTITY CONFUSION BASED ON THE CONCERNS EXPRESSED BY COUNSEL TO TRANSAMERICA CORPORATION.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred from such examples.
FEES & PAYMENTS
TAISC reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time TAISC requires a fee for portions of the Service or the Service as a whole, TAISC will require you to register and create an account. In no event will you be charged for access to portions of the Service or to the Service as a whole unless TAISC obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by TAISC or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time in TAISC's sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless TAISC receives all fees and charges payable by you, including the Prepaid Fee.
SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Registered Service Agent: BlumbergExcelsior Corporate Services, Inc.; 814 San Jacinto Blvd., Suite 303; Austin, Texas 78701. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on this Site (www.taisc.com), and its successor, are the entire agreement between you and TAISC with regard to this Site. We hope that you enjoy our site and find the information to be informative and useful.
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