Online Terms and Conditions
Welcome to the Tucker Tek Inc. web site on the World Wide Web at www.tuckertekinc.com and www.tuckertekinc.ca (referred to as the "Site"). Please review the following basic rules (the "Terms") carefully because they govern your use of the Site. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY CONTENT (DEFINED BELOW) CONTAINED ON THE SITE.
Changes to these Terms
These Terms may be revised at any time. Tucker Tek will display a notice when these Terms have been revised. Your
continued use of the Site after the notice appears constitutes your acceptance of the revised Terms.
License & Ownership Restrictions
All text, graphics, audio clips, videos, logos, icons, links, images, documents, products, services and information
on this Site (the "Content") are provided to you by Tucker Tek or its licensors. Tucker Tek or its licensors retain
all right, title, interest, and intellectual property rights (e.g. patents, trademarks, trade secrets, copyrights) in
such Content. As a general rule, you are granted the limited right to (i) display the Content on your personal computer
(ii) copy and download the Content and (iii) print a copy of the Content, provided that: (1) you do not remove any
proprietary rights notices from any of the Content; and (2) any copying or downloading is solely for your own use.
You may not modify, edit, alter or enhance any of the Content in any manner or sublicense or distribute any Content
to any third party unless specifically authorized by Tucker Tek and/or the applicable licensor. Additionally, you may
not “frame” or “mirror” any Content contained on or accessible from this Site on any server or other device without the
advance written authorization of Tucker Tek and/or its licensors.
Your Obligation
In the future you may be prompted to input information on the Site in order to receive certain products or services offered
by Tucker Tek and/or its licensors. If you provide any information to Tucker Tek through the site, you agree to provide current,
complete and accurate information about yourself.
Changes to the Content & Termination of Access
Tucker Tek and its licensors may make improvements and/or changes to the Content described on the Site at any time without notice
to you. Additionally, Tucker Tek and its licensors reserve the right to restrict, suspend, terminate your access to, change or
discontinue all or any part of the Site, including its availability, at any time for any reason (including, but not limited to,
if we determine that information provided by you is inaccurate), without liability or prior notice to you.
Tucker Tek's Privacy Policy
Tucker Tek protects the information supplied by you on the Site in accordance with the TuckerTek Privacy Policy. This Privacy Policy
only applies to the Tucker Tek Site. Please see the section below (“Interaction with Third Parties”) for discussion of the privacy
policies of third party sites. Tucker Tek's Privacy Policy may be revised at any time. Tucker Tek will display a notice when the
Privacy Policy has been revised. Your continued use of the Site after the notice is published constitutes your acceptance of the
revised Privacy Policy.
Interaction with Third Parties
The Site may contain links to (and allow you to correspond with, purchase from, and/or participate in promotions of) third party advertisers
and/or licensors. Unless otherwise stated, any such interaction shall be solely between you and that third party.
The third party’s site may have terms of use, a privacy policy and/or other terms and conditions that differ from those of Tucker Tek. Tucker Tek is not responsible for the content of such sites or for implementing, monitoring or enforcing the terms of use, privacy policies and/or other terms and conditions of such sites. You acknowledge and agree that Tucker Tek shall not incur any liability arising out of your use of any such sites.
Passwords
Tucker Tek may offer password protected areas on the Site for certain services. Such areas will only be accessible if Tucker Tek has issued to
you a login and password. If you have been issued a login and password, you are responsible for maintaining the confidentiality of your login
and password and for any and all activities, including fees incurred, under your login and password, whether or not you are the individual who
undertook such activities.
Chat Rooms & Bulletin Boards
Tucker Tek may offer chat rooms and bulletin boards on the Site where users may submit or post information and material. Tucker Tek asks that
you respect the Tucker Tek online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals,
you agree not to:
Indemnification
By using the Site you agree to indemnify and hold harmless Tucker Tek from and against any and all costs, damages, liabilities, and expenses (including attorneys’
fees) incurred by Tucker Tek in relation to any third party’s claim that use of the Site by you or under your login and/or password, if any, violates (a) any
copyright, patent, trademark, trade secret or other intellectual property right, (b) the laws of privacy or publicity, (c) communications statutes or regulations,
or (d) any other applicable law or regulation.
Warranty
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED TO YOU "AS-IS." NEITHER TUCKER TEK NOR ITS
LICENSORS WARRANTS THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERROR FREE OR THAT THE CONTENT WILL BE ACCURATE AND COMPLETE. TUCKER TEK AND ITS LICENSORS
MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT WITH RESPECT TO THE SITE AND CONTENT. YOU ASSUME ALL RISK WITH RESPECT TO THE SITE AND CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TUCKER TEK NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES
SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, USING OR DOWNLOADING ANY CONTENT. IN NO EVENT SHALL TUCKER TEK OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (E.G., FOR LOSS OF DATA, REVENUE, PROFITS OR USE OR FOR COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF TUCKER TEK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
Local Laws; Export Control
Tucker Tek controls and operates this Site from its headquarters in Canada and makes no representation that the Content is appropriate or will be available for use in
other countries. If you use this Site from outside Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export
and import regulations, privacy laws and advertising laws of other countries in relation to the Content or the Site.
General
If Tucker Tek becomes aware of inappropriate use of the Site or any Content, Tucker Tek may suspend or terminate your access to the Site, and/or any Content, and take other
appropriate action including, but not limited to, contacting law enforcement authorities. When requested, Tucker Tek will cooperate fully with law enforcement agencies in any
investigation of alleged illegal activity on the Internet. Any action related to these Terms will be governed by Canadian law and controlling Canadian federal law, without regard
to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Tucker Tek to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tucker Tek in writing. The headings used throughout these Terms are provided only for convenience. The Terms comprise the entire agreement between you and Tucker Tek regarding the subject matter contained herein and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Trademarks
Tucker Tek is a trademark, registered trademark and/or service mark of Tucker Tek, Inc. in Canada and other countries. All rights reserved. All other trademarks and service marks appearing
on the Site are the property of their respective owners.
Copyright Notice
Copyright © 2008, Tucker Tek, Inc. All rights reserved.