
|
 |
TERMS AND CONDITIONS
Welcome
to www.targetbase.com (the “Web site”). This Web
site is maintained and operated by Targetbase
(“we”, “us” or “Targetbase”).
your access and use of the web site is subject to the following terms
and conditions (the "terms and conditions")
and all applicable laws. by accessing or using
any part of the web site, you accept, without
limitation or qualification, these terms and conditions.
Use
of the Site: This Web site is provided for
your personal and non-commercial use and for informational
purposes only. Any other use of the Web site requires
the prior written consent of Targetbase.
Unauthorized
Use: You may not use spiders, robots, data
mining techniques or other automated devices or
programs to catalog, download, store or otherwise
reproduce, store or distribute content available
on the Web site. You may not take any action to
interfere with, or disrupt, the Web site or any
other user's use of the Web site, including, without
limitation, via means of overloading, “flooding”,
“mailbombing” or “crashing” the Web site, circumventing
security or user authentication measures or attempting
to exceed the limited authorization and access
granted to you under these Terms and Conditions.
You may not frame portions of the Web site within
another web site or establish links from any other
web site to any page of the Web site other than
the home page. You may not resell use of, or access
to, the Web site to any third party without our
prior written consent.
Proprietary
Rights: Targetbase is the exclusive owner
of, or is authorized to use or provide access
to, all parts of the Web site, including all copy,
software, graphics, designs and all copyrights,
trademarks and other intellectual property or
proprietary rights contained therein. Some materials
on the Web site belong to third parties who have
authorized Targetbase to display the materials,
such as portfolio works, client logos and trademarks
and other proprietary materials. Except as
expressly set forth in these Terms and Conditions,
no license is granted to you and no rights are
conveyed by virtue of accessing or using the Web
site. All rights not granted under these Terms
and Conditions are reserved by Targetbase.
Communications:
Subject to the paragraph below, any communication
or material you transmit online to Targetbase
by email or otherwise, including any data, questions,
comments, suggestions, or the like is, and will
be treated as, nonconfidential and nonproprietary.
Anything you transmit or post may be used by Targetbase
for any purpose, including but not limited to,
reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, Targetbase
is free to use any ideas, concepts, know-how,
or techniques contained in any communication you
send to Targetbase without compensation and for
any purpose whatsoever, including but not limited
to, developing, manufacturing and marketing products
and services using such information.
Privacy:
Targetbase takes the privacy of you and your information
very seriously. Targetbase does not collect personally
identifiable information from you without your
knowledge. Targetbase will not sell or rent any
personally identifiable information so obtained
to any third party unaffiliated with Targetbase,
except in connection with a sale of all or a division
of Targetbase. Except as required by law, to provide
you with a service you have inquired about or
specifically set forth in these Terms and Conditions,
Targetbase will not share personally identifiable
information obtained from you with any third party
unaffiliated with Targetbase. Targetbase may collect,
use and share aggregate data, such as click stream
data, which will not personally identify you.
Links:
This Web site may contain links to other web sites not maintained
by Targetbase.
Other web sites may also reference or link to
our Web site. We encourage you to be aware when
you leave our Web site and to read the terms and
conditions and privacy statements of each and
every web site that you visit. We are not responsible
for the practices or the content of such other
web sites.
No
Warranties: While Targetbase uses reasonable
efforts to include up-to-date information on the
Web site, Targetbase makes no warranties or representations
as to its accuracy or completeness. Targetbase
assumes no liability or responsibility for any
errors or omissions in the content on the Web
site. Your use of the Web site is at your own
risk. THE WEB SITE, INCLUDING ALL CONTENT MADE
AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE,
IS PROVIDED "AS IS". TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, TARGETBASE MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
FOR THE CONTENT ON THE WEB SITE. FURTHER, TARGETBASE
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. TARGETBASE
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE
OR THE SERVER THAT MAKES IT AVAILABLE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. TARGETBASE
SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE,
INCLUDING, WITHOUT LIMITATION, THE CONTENT AND
ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL
TARGETBASE BE LIABLE UNDER ANY THEORY OF TORT,
CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES,
COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL
INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT
OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH
IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES
REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes:
All information posted on the Web site is subject
to change without notice. In addition, these Terms
and Conditions may be changed at any time without
prior notice. We will make such changes by posting
them on the web site. You should check the Web
site for such changes frequently. Your continued
access of the Web site after such changes conclusively
demonstrates your acceptance of those changes.
Indemnification:
You agree to indemnify, defend and hold harmless
Targetbase, its employees, directors, officers,
agents, business partners, affiliates, contractors,
distribution partners and representatives from
and against any and all third party claims, demands,
liabilities, costs or expenses, including attorney’s
fees and costs, arising from, or related to, any
breach by you of any of these Terms and Conditions
or applicable law.
Severability.
If any part of these Terms and Conditions shall
be held or declared to be invalid or unenforceable
for any reason by any court of competent jurisdiction,
such provision shall be ineffective but shall
not affect any other part of these Terms and Conditions.
Waiver;
Remedies: The failure of Targetbase to partially
or fully exercise any rights or the waiver of
Targetbase of any breach of these Terms and Conditions
by you, shall not prevent a subsequent exercise
of such right by Targetbase or be deemed a waiver
by Targetbase of any subsequent breach by you
of the same or any other term of these Terms and
Conditions. The rights and remedies of Targetbase
under these Terms and Conditions and any other
applicable agreement between you and Targetbase
shall be cumulative, and the exercise of any such
right or remedy shall not limit Targetbase's right
to exercise any other right or remedy.
International
Access: Our Web site is provided from the
United States of America and all servers that
make it available reside in the U.S.A. The laws
of other countries may differ regarding the access
and use of the Web site. We make no representations
regarding the legality of this Web site in any
other country and it is your responsibility to
ensure that your use complies with all applicable
laws outside of the U.S.A.
Governing
Law. The laws of the State of Texas shall
govern these Terms and Conditions. YOU HEREBY
EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND
VENUE IN THE COURTS LOCATED IN DALLAS, TEXAS FOR
ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS
AND CONDITIONS OR YOUR ACCESS OR USE OF THE WEB
SITE.
Questions:
Should you have any questions regarding these
Terms and Conditions you may contact us at customervalue@tbportalmail.targetbase.com.
|