Terms of Service

Thomas Edgerton Consulting, LLC, herein referred to as TEC in this document, provides this website and its related Terms of Service. By accessing the TEC website, you indicate your acknowledgment and acceptance of our Terms of Service. Access includes, but not limited to, any TEC blogs, social media platforms, video channels, documents, services, software, and web service, herein, referred to as the “Site.”

The Terms of Service are subject to change by TEC Corporation at any time. Use of this Site constitutes your acknowledgment and acceptance of changes. For this reason, please consult the Terms of Service regularly. TEC may also without notice revise the products, services, and solutions described in our website. Nothing in the Terms of Service confers license to our intellectual property rights by reference or otherwise.

General Terms of Service

Fundamentally, the TEC website contains proprietary notices and copyright information. For this reason, our website terms must be observed and followed. The TEC website includes all website content, social media, and videos may not be used without prior written consent. TEC content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in derivative works without consent.

Herein, TEC grants you non-exclusive, non-transferable, limited permission to access, display and share our web pages and content. The company grants permission solely on your computer, tablet, mobile device, and social media platforms for your personal, non-commercial use.

General Conditions

Mutually speaking, our permission conditionally assumes your agreement to accept our Terms of Services.  Our Terms assume you do not modify the content. and keep intact all copyright, trademark and other proprietaries notices. Essentially, the TEC Terms of Service govern over all content, media, and materials available for download, or purchase from our website. Access and permissions may be terminated at any time. For any reason with or without cause and with or without notice, access may be revoked. If our Terms of Service is terminated, you must cease all use of our website and return in your possession all information and copies related to our website.

Terms Media and Content

Our limited license applies to media and content on our current site, blog, social media platforms and video channels. Failure to comply with our Terms of Service results in automatic termination without notice of any rights granted to you. Except for the limited permission already identified, TEC does not grant express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror content on another website or in any other media form from our website, social media platforms, and video channels.

Use and Accounts

Our Privacy Policy governs all information provided when completing a TEC form. In completing forms and registration, you attest to the currency and accuracy of the information provided.

Hence, you are responsible for all material you upload, post or otherwise transmit to our website, blog, social media or video platforms. For this reason, you agree to not upload, post or transmit content that:

  • Discloses personal or confidential information of anyone other than yourself;
  • Infringes on or violates the third party intellectual property rights;
  • Is inaccurate, harmful, obscene, pornographic, defamatory, racist, sexist, violent, offensive, xenophobic, harassing, or otherwise objectionable to TEC as keeper of this website;
  • Uses any device or technology automating attempts at unauthorized access to password-protected portions of our website, blog, social media platforms, and video channels.
  • Restricts or inhibit any other user from using our website;
  • Interferes with or attempt to interfere with the proper working of our website as determined by TEC;
  • Contains software viruses or malware. This refers to computer code, files or programs intended to interrupt, limit, or destroy our computer software, hardware, network, and telecommunications equipment.

Terms of Service Agreement

To use our website and content, you agree to not use our website or brand to:

  • Pretend to be TEC or someone else to spoof a fictitious identity;
  • Misrepresent your affiliation with a person or entity;
  • Negatively affect other users’ ability to use the website;
  • Collect and store unauthorized user and web data.
  • Transmit spam, send a mass e-mail, bulk or unsolicited communications.
  • Forge or manipulate identifiers including URLs to disguise the origin of any content appearing to be transmitted from our systems;
  • Engage in activities that violate fiduciary relationships, applicable local, state, national and international laws, and regulations.

If given password-protected access to our website, social platforms, and video channels, you agree to keep your password confidential. You are solely responsible for all activities under your account. You agree to notify TEC immediately of unauthorized account access or security breach.

Intellectual Property

In posting comments, feedback, and documents to our website, you must possess all intellectual property and other rights to the material. By posting and sharing content from our website, you permit others to share and make use of the material. TEC reserves the right to edit, hide, or remove content that violates our Terms of Service.

Terms of Submission

By submitting, posting, displaying or sharing content, you grant TEC and users of our website visibility to the content you contribute. By submitting, posting, displaying or sharing content, you grant perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to the material. This license enables others to reproduce, adapt, modify, translate, publish, display and distribute the material. Accordingly, TEC assumes no obligation to post or use content you upload or submit. Similarly, TEC may remove content at any time based on our own discretion. In posting content, you acknowledge you possess the authority necessary to grant TEC such rights. In all cases, information submitted by you to TEC arrives via the Internet. TEC assumes no responsibility for online security lapses or liability for the improper use of your information by a third-party during transmission.

Terms of Documentation

Unquestionably, TEC retains all rights, including copyright, which it may have over data, files, images, text and media. Indubitably, all documentation contained in or accessed from our website e-forms represents the copyright work of TEC. For this reason, do not copy our website logos, graphics, images and videos unless expressly permitted by TEC. With certainty under no circumstances may you distribute or publish content or materials without TEC consent.

When consent is given, retain copyright notices for all documents. Use of our content other than what TEC intends is expressly prohibited. Without prior written permission, commercial publications, copying or redistribution of TEC documents in any manner for personal or corporate gain is prohibited.

Terms of Service Disclaimer

Notwithstanding our commitment to accuracy, TEC does not guarantee information on this website is correct, current, or complete. At times, this site may contain technical inaccuracies or typographical errors. TEC assumes no responsibility and expressly disclaims responsibility for updates to keep information and pricing current, accurate and complete. By downloading materials and completing forms, you assume responsibility for the accuracy and completeness of all posted information.

Nonetheless, TEC gives no assurances that reported problems will be resolved. Even when TEC elects to address a problem, for reasons out of our control, it may remain.

Confidential and Personal Information

To summarize, our Privacy Policy securely handles personally, identifiable information submitted to TEC for the purpose of receiving products or services. Generally speaking, TEC will not release your name or publicize that you submitted requests or downloaded information to us unless:

  • We are required by law;
  • We obtain your permission to use your name;
  • You submit materials to our website, social media platforms, or video channels with your name on it.

When you send messages, correspondence and replies to TEC, you give permission to TEC to freely use any included idea, concept, abstraction, technique, or method.

Terms of Service Global Availability

At times information TEC publishes on our website, social media platforms and video channels may contain references unavailable in every country. Such references include third party technology solutions, business services and scientific research unavailable in every country.  Nevertheless, such references do not imply TEC intends to make these products, programs, or services available in a country. At the same time, TEC reserves the right to limit as its choses, or as required by law, our content and services to any person, geography or jurisdiction.

Business Relationships

Like other websites, TEC links and references non-TEC websites and resources. TEC makes no representation, warranty, or other commitments about non-TEC websites and third-party resources referenced or linked from a TEC web page or social media platform.

Thereupon, links to non-TEC websites do not imply or assume TEC endorsement. For this reason, TEC references content, websites, products, services and people in context to objective, scientific and academic research. As a practice, TEC does not investigate, confirm, approve or verify information from linked sites. With disputes or claims related to a linked site, you release TEC from any and all such claims. Furthermore, you agree TEC is not responsible for transactions you enter into with such third parties. Even when, you learn of such parties or linked to such parties from a TEC website or content.

Third Party Liability Terms of Service

In accessing the TEC website and its content, you acknowledge and agree TEC is not responsible for such external sites and resources. Similarly, TEC is not liable for the content, services, products, or materials on linked sites. When you access a non-TEC website, even one that may contain the TEC-logo, TEC does not control the website’s content. Moreover, on these sites, you are responsible for protecting yourself and equipment from malware. As reference, attacks include software viruses, worms, trojan horses, malware, phishing attempts, and potentially destructive programs and people.

Terms of Service Links

Before linking to Our Website, Social Media Platforms, and Video Channels, request approved in writing. In general, TEC consents to links and pages that do not:

  • Alter in any way the visual presentation or appearance of our content;
  • Misrepresent your TEC relationship;
  • Imply TEC endorses you, your website, services or products;
  • Present false or misleading impressions about TEC.

As a condition to linking to our website, you agree TEC may at any time, in its sole discretion, terminate our agreement. In such an occurrence, you agree to immediately remove all links to our website.

Sales of Services

All electronic sales of materials and services comply to TEC’s standard terms and conditions of sale with copies available by request. Upon submission, all sales are complete and final. Consequently, refunds are unavailable to process.

International Use Terms of Service

Globally, TEC makes no representation materials on this Site are appropriate or available for use in locations outside the United States. At the same time, the company prohibits access to this site from countries or territories where such access is illegal. Those who access, use content and apply information this Site from outside the United States are responsible for compliance with local laws.

DISCLAIMER AND WARRANTY

Unquestionably, TEC cannot guarantee that the Site or its content is error free. The company makes no representations about the technical accuracy or functionality of the Site. TECHNICALLY, TEC PROVIDES THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THIS INCLUDES, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. THEREFORE, YOU EXPRESSLY AGREE YOUR USE OF THIS SITE OCCURS AT YOUR SOLE RISK.

TEC DOES NOT WARRANT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT. THE COMPANY CANNOT GUARANTEE THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. AS WELL AS, TEC CANNOT GUARANTEE THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AT THE SAME TIME THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE TECHNICAL OR CONTENT CHANGES OR IMPROVEMENTS AT ANY TIME. IN THE EVENT OF LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT, YOU, AND NOT TEC, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION. FOR THIS REASON TEC MAKES NO WARRANTIES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR CONTENT ERRORS OR OMISSIONS.

Limitation of Liability

Above all, TEC is not liable to any party for any direct, indirect, incidental, special, or consequential damages of any type related to our website. The use of our website, the resources linked to, the downloading and access of products and services information occur at your own risk. Our exclusion and liability waiver applies to all causes of action, whether contract, warranty, tort, or other legal theories. Disputes initiated one year or more after the access related to the cause of action are forever waived and barred.

Terms of Service Disputes

Hereinafter, our Terms of Service constitute the entire and only agreement between you and TEC. This agreement pertains to the use of our website, social media platforms, video channels, systems, and materials. Our Terms of Service intend to be a complete and absolute mutual agreement between all parties who use the TEC website. When enforcement our Terms of Service is necessary, the prevailing party’s entitlement costs include attorneys’ fees and expenses including expert witness fees.

Any breach of our Terms of Service causes irreparable damage to TEC making a legal remedy inadequate. In addition to legal or equitable remedies, offending parties assume injunctive relief for a Terms of Service breach. You, therefore, indemnify, defend and hold harmless TEC against any and all liabilities, claims, damages, costs or other expenses. This include attorneys’ fees, costs, expenses, and expert witness fees resulting directly or indirectly from your Terms of Service breach.

In the event a court or other tribunal holds our terms overreaching, modifications to the minimum extent for the agreement to remain in full effect and enforceable will be made.

Terms of Service Governing Law

Henceforth, you agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed by the laws of the State of California. Any disputes relating to this Agreement shall be resolved solely in the state or federal courts located in Alameda County, California.

Contact Us

For questions regarding the TEC Terms of Use, contact edgerton@thomasedgerton.net or call (510) 409-4845.

© 2020 Thomas Edgerton Consulting, LLC (TEC). All rights reserved for logo, content, and media on this website. All other brand and product name trademarks are with their respective holders.