you use the TexChip Technologies Inc. Internet site (“Web site”). By
using this site, copying or downloading material from this site, you
acknowledge and agree to abide by the terms and conditions set forth
in this notice.
(b) The Terms are entered into by and between TexChip Technologies
Inc. (“TexChip”) and you. This Web site is provided by TexChip
and may be used for informational purposes only. Unless specifically
stated otherwise, the Terms will govern your use of any new features
that modify or enhance the current Web site.
2. TexChip Proprietary Rights ; Limited License
(a) “TexChip Trademarks” means all names, marks, brands, logos,
designs, trade dress and other designations TexChip uses in
connection with its products and marketing. Failure of a mark
to appear on this Web site does not mean that TexChip does not use
the mark, nor does it mean that the product is not actively marketed
or is not significant within its relevant market.
(b) You may refer to TexChip products by the associated TexChip
Trademarks, provided that such reference is truthful and not
misleading and complies with the then current TexChip Trademark
policies as set forth herein.
(c) You many not remove or alter any TexChip Trademarks. You
acknowledge TexChip’s rights in the TexChip Trademarks and agree
that any and all use of TexChip Trademarks by you shall inure to the
sole benefit of TexChip. You agree not to incorporate or co-logo any
TexChip Trademarks into your trademarks, service marks, company
names, logos, internet addresses, domain names or any other similar
(d) TexChip.com contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of TexChipTech.com (“Materials”) are copyrighted as a
collective work under the United States copyright laws. TexChip owns
a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to
it. You may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. You may download
copyrighted material for your personal, non-commercial use only.
Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the
express permission of TexChip. In the event of any permitted
copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. You acknowledge that you do not
acquire any ownership rights by downloading copyrighted material.
You agree to abide by all additional restrictions displayed on the
TexChip Web site as it may be updated from time to time. The
permission granted herein shall terminate automatically without
notice if you breach any of these terms or conditions. Upon
termination, you must immediately destroy any downloaded and printed
(e) Any unauthorized use of any of the Materials may violate
applicable copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
(f) Except as expressly provided herein, TexChip does not grant any
express or implied right or license to you under any patents, design
patents, trademarks, copyrights, or trade secret information.
3. Disclaimer of Warranties; Limitation of Liability
(a) YOUR USE OF THE MATERIALS CONTAINED IN THIS WEB SITE IS AT YOUR
SOLE RISK. THE INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. THESE INFORMATION AND MATERIALS MAY
CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. TexChip DISCLAIMS ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(b) WHILE THE INFORMATION CONTAINED HEREIN IS BELIEVED TO BE
ACCURATE, TexChip MAKES NOT REPRESENTATIONS, WARRANTIES OR
GUARANTIES AS TO THE QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS
OF ANY OF SUCH INFORMATION. IN NO EVENT WILL TexChip, ITS AFFILIATES
OR ITS SUPPLIERS OR PARTNERS BE LIABLE FOR DAMAGES ARISING DIRECTLY
OR INDIRECTLY FROM ANY USE OF OR RELIANCE UPON THE MATERIALS AND
INFORMATION CONTAINED IN THE TexChip WEB SITE.
(c) ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
(d) TexChip SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGE OF ANY KIND FROM ANY CAUSE ARISING
OUT OF THE USE OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT
LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
GOODWILL. YOU AGREE TO HOLD TexChip AND ITS AFFILIATES HARMLESS
FROM, AND YOU COVENANT NOT TO SUE TexChip AND ITS AFFILIATES FOR,
ANY CLAIMS BASED ON USING THE WEB SITE.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM TexChip OR ITS AFFILIATES WILL CREATE ANY WARRANTY NOT
STATED IN THESE TERMS, UNLESS EXPRESSLY STATED IN A WRITTEN CONTRACT
SIGNED AND DELIVERED BY TexChip. TexChip’s EMPLOYEES ARE NOT
AUTHORIZED TO VARY THESE TERMS.
4. Privacy Notice
(a) TexChip is committed to respecting your online privacy and
recognizes your need for appropriate protection and management of
any personally identifiable information (“Personal Information”) you
share with us. Personal Information means any information that may
be used to identify an individual, including, but not limited to, a
first and last name, a home or other physical address and an email
address or other contact information, whether at work or at home.
(b) In general, you can visit TexChip Web site without telling us
who you are or revealing any Personal Information about yourself. If
you choose to provide us you’re your Personal Information on the Web
site, we may transfer that information within TexChip and its
affiliates or to our third-party service providers, across borders,
and from your country or jurisdiction to other countries or
jurisdictions around the world for any TexChip business purposes.
(c) Any material, information or idea submitted or posted by you on
this Web site will be considered non-confidential and
non-proprietary. TexChip may share or otherwise use your submission
for any purpose whatsoever.
5. General Information
(a) TexChip reserves the right, in its sole discretion, to revise
the Materials and to make changes in the content and format of this
Web site from time to time without obligation on the part of TexChip
to provide notification of such revisions or changes.
(b) These terms represent the entire understanding between you and
TexChip relating to the use of the Web site and prevail over any
prior or contemporaneous, conflicting or additional understanding or