- Introduction
This page states the Terms and
Conditions under which you may use www.techonline.com (the "Web
Site"). Please read this page carefully. If you do not accept these
Terms and Conditions, do not use the Web Site. By using the Web
Site, you are indicating your agreement to be bound by these Terms
and Conditions. TechOnLine may revise these Terms and Conditions at
any time by posting an update to this page. You should visit this
page periodically, because your continued use of the Web Site
following the posting of changes to these Terms and Conditions will
mean you accept those changes. The terms "you" and "user" as used
herein refer to all individuals and/or entities accessing the Web
Site for any reason.
- Use of Material
The contents of the Web Site,
including, but not limited to, text, graphics, sounds, images and
other material (the "Material"), are owned by TechOnLine and its
licensors and vendors, and are protected by United States and
foreign intellectual property laws. Unauthorized use of the
Material may violate copyright, trademark and other laws.
TechOnLine authorizes you to view and download a single copy of the
Material on the Web Site solely for your personal, non-commercial
use, provided you retain all copyright and other proprietary
notices contained in the original Material on any copy you make of
the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the
Material in any way for any public or commercial purpose. The use
of the Material on any other web site or in a networked computer
environment for any purpose is prohibited. You may not copy or
adapt the HTML or other code that TechOnLine uses to generate its
pages. This code is also protected by TechOnLine's copyright and
other intellectual property rights.
- Software
Use of any software provided to you
on the Web Site is subject to the software license terms set forth
in the TechOnLine End User License
Agreement. If the software is accompanied by an end user
license agreement, then use of the software will be governed by the
terms of that license agreement.
- Site Use
General Rules: You may not
use the Web Site in order to transmit, distribute, store or destroy
material (a) in violation of any applicable law or regulation, (b)
in a manner that will infringe the copyright, trademark, trade
secret or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others, or (c)
that is defamatory, obscene, threatening, abusive or
hateful.
Security Rules: You are
prohibited from violating or attempting to violate the security of
the Web Site or from using the Web Site to violate the security of
other web sites by any method, including, without limitation, (a)
accessing data not intended for you or logging into a server or
account which you are not authorized to access, (b) attempting to
probe, scan or test the vulnerability of a system or network or to
breach security or authentication measurers without proper
authorization, (c) attempting to interfere with service to any user
of the Web Site, host or network, including, without limitation,
via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing" or "crashing" the Web Site,
(d) sending unsolicited e-mail, including promotions and/or
advertising of products or services, or (e) forging any TechOnLine
packet header or any part of the header information in any e-mail
or newsgroup posting. Violations of system or network security may
result in civil or criminal liability. TechOnLine may investigate
violations of these Terms and Conditions and may involve and
cooperate with law enforcement authorities in prosecuting users of
the Web Site who are involved in such violations.
Specific Prohibited Uses:
TechOnLine specifically prohibits any use of the Web Site, and you
agree not to use the Web Site, for any of the following:
- distributing or otherwise
publishing, without TechOnLine's approval, any material containing
any solicitation of funds, promotion, advertising, or solicitation
for goods or services;
- soliciting other users of the Web
Site to join or become members of any online service;
or
- deleting or revising any material
posted by any other person or entity.
- Trademarks
The following are trademarks of
TechOnLine:
| ANALOGnet |
TechOnLine |
| APPLIANCEnet |
TechOnLine Private Campus |
| DSPnet |
TechOnLine Seminar |
| EDAnet |
TechOnLine University |
| EMBEDDEDnet |
TechOnLine VirtuaLab |
This list is not a comprehensive
list of all TechOnLine trademarks. The absence of a trademark,
product or service name or logo from this list does not constitute
a waiver of TechOnLine's trademark or other intellectual property
rights concerning that name or logo.
All other products and company names
mentioned in the Web Site may be trademarks of their respective
owners.
- Linking to the Web
Site
If you would like to link to the Web
Site, you must comply with the following. A web site that links to
the Web Site:
- may link to, but not copy, the
Materials;
- should not frame or create a
browser or border environment around the Materials;
- should not imply that TechOnLine is
endorsing your web site or your products;
- should not misrepresent your
relationship with TechOnLine;
- should not present false
information about TechOnLine products or services;
- should not use TechOnLine
trademarks or logos without permission from TechOnLine;
and
- should not contain content that
could be construed as distasteful or offensive.
- User Information
When you register for the Web Site,
you will be asked to provide TechOnLine with certain information
including, without limitation, a valid email address (your
"Information"). Please see TechOnLine's
Privacy Policy for further details regarding TechOnLine's use
of your Information.
- User
Submissions
As a user of the Web Site, you are responsible for your own
communications and are responsible for the consequences of their
posting. You agree not to:
- post material that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner to post
it;
- post material that reveals trade secrets, unless you own them
or have the permission of the owner;
- post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of
others;
- post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user or any
other person or entity;
- post a sexually-explicit image or statement;
- post advertisements or solicitations of business without
TechOnLine's approval;
- post chain letters or pyramid schemes; or
- impersonate another person.
TechOnLine does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by users or
endorse any opinions expressed by users. You acknowledge that any
reliance on material posted by other users will be at your own
risk.
TechOnLine has no obligation to screen communications in advance
and is not responsible for screening or monitoring material posted
by users. If notified of communications that allegedly do not
conform to these Terms and Conditions, TechOnLine may investigate
that allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication.
TechOnLine has no liability or responsibility to users for
performance or non-performance of such activities. TechOnLine
reserves the right (i) to expel users and prevent their further
access to the Web Site for violating these Terms and Conditions or
the law, and (ii) to remove communications that are abusive,
illegal, disruptive or which otherwise do not conform to the
provisions of these Terms and Conditions.
By submitting content to the Web Site, including message boards,
forum, contests and chat rooms, you grant TechOnLine and its
affiliates the royalty-free, perpetual, irrevocable, non-exclusive
right and license (including a waiver of any moral rights) to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public, perform and
display the content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or later developed, for the full term of any rights that may
exist in such content. You also warrant that the holder of any
rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably
granted to you the right to grant the license stated above. You
also permit any user of the Web Site to access, display, view,
store and reproduce such content for personal use. Subject to the
foregoing, the owner of such content placed on the Web Site retains
any and all rights that may exist in such content.
- Registration and Password
You are responsible for maintaining the confidentiality of your
user ID and password. You are responsible for all uses of your user
ID, whether or not authorized by you. You agree to immediately
notify TechOnLine of any unauthorized use of your user ID or
password.
- TechOnLine's Liability
The Material may contain inaccuracies or typographical errors.
TechOnLine makes no representations about the accuracy,
reliability, completeness, or timeliness of the Web Site or the
Material. The use of the Web Site and the Material is at your own
risk. We reserve the right, at our discretion, to modify, add, or
remove portions of the Web Site at anytime without notice.
You acknowledge and agree that you are solely responsible for
the form, content and accuracy of any material placed by you on the
Web Site.
TECHONLINE DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE
ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR
THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF
EQUIPMENT OR DATA, TECHONLINE IS NOT RESPONSIBLE FOR THOSE
COSTS.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TECHONLINE, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. TECHONLINE
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS
OR LINKS.
- Disclaimer of
Consequential Damages
IN NO EVENT WILL TECHONLINE, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST
DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
TECHONLINE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Links to Other Sites
The Web Site contains links to third party web sites. These
links are provided solely as a convenience to you and not as an
endorsement by TechOnLine of the contents on such third-party web
sites. TechOnLine is not responsible for the content of linked
third-party sites and does not make any representations regarding
the content or accuracy of materials on such third-party sites. If
you decide to access linked third-party sites, you do so at you own
risk.
TechOnLine cannot ensure that you will be satisfied with any
products or services that you purchase from a third-party site that
links to or from TechOnLine, because these sites are owned and
operated by independent retailers. TechOnLine does not endorse any
of the merchandise, nor has TechOnLine taken any steps to confirm
the accuracy or reliability of any of the information contained in
such third-party sites. TechOnLine does not make any
representations or warranties as to the security of any information
(including, without limitation, credit card and other personal
information) you might be requested to give any third party, and
you hereby irrevocably waive any claim against us with respect to
such sites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding
with any online or off-line transaction with any of these third
parties.
- Limitation of Liability
The aggregate liability of TechOnLine to you for all claims
arising from the use of the Web site and the Materials is limited
to $100.
- Termination
TechOnLine reserves the right, at its sole discretion, to
immediately terminate your registration with, or ability to access,
the Web Site and/or any other service provided to you by
TechOnLine, upon any breach by you of these Terms and
Conditions.
- Indemnity
You agree to defend, indemnify, and hold harmless TechOnLine,
its officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of
the Material or your breach of the terms of these Terms and
Conditions. TechOnLine will provide notice to you promptly of any
such claim, suit, or proceeding and will assist you, at your
expense, in defending any such claim, suit or proceeding.
- General
TechOnLine makes no claims that the Materials may be lawfully
viewed or downloaded outside of the United States. Access to the
Materials may not be legal by certain persons or in certain
countries. If you access the Web Site from outside of the United
States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. These Terms and
Conditions are governed by the internal substantive laws of the
Commonwealth of Massachusetts, without respect to its conflict of
laws principles. Jurisdiction of any claims arising under these
Terms and Conditions will lie exclusively with the state or federal
courts within Boston, Massachusetts. You agree that you may not
institute any action in any form arising out of use of the Web
Site, the Materials or these Terms and Conditions more than
eighteen (18) months after the cause of action has arisen. If any
provision of these Terms and Conditions is found to be invalid by
any court having competent jurisdiction, the invalidity of such
provision will not affect the validity of the remaining provisions
of these Terms and Conditions, which will remain in full force and
effect. No waiver of any provision of these Terms and Conditions
will be deemed a further or continuing waiver of such provision or
any other provision. Except as expressly provided in an end user
software license, in the TechOnLine Store Policy, or other
statement by TechOnLine on the Web Site, these Terms and Conditions
constitute the entire agreement between you and TechOnLine with
respect to the use of Web Site. No changes to these Terms and
Conditions may be made except by a revised posting on this
page.
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