IMPORTANT. PLEASE READ. BY CLICKING THE "I ACCEPT" BUTTON OF THIS
TEAPPLIX ("TEAPPLIX") REGISTRATION FORM, YOU AGREE TO THE
FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT"). IF YOU ARE
EXECUTING THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU
HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE
OF TEAPPLIX'S ON-LINE SERVICE (THE "SERVICE"). THE TERM
"YOU" REFERS TO THE INDIVIDUAL OR A LEGAL ENTITY, AS APPLICABLE,
THAT REGISTERS FOR OR USES THE SERVICE. IF YOU DO NOT HAVE SUCH AUTHORITY,
OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT SELECT THE "I
ACCEPT" BUTTON AND MAY NOT USE THE SERVICE.
Welcome. As part of the Service, Teapplix will provide you with
use of the Service. Your registration for, or use of, the Service shall
be deemed to be your agreement to abide by this Agreement.
Service Fees and Payments. You are agreeing to subscribe to Teapplix
Service on a monthly basis. You will be charged each billing period the
Service Fees in effect posted on Teapplix's website. Your subscription
will continue and renew automatically unless terminated by Teapplix or
until You notify Teapplix of Your decision to change Your subscription
renewal. You agree to pay all charges for the current billing period at
the time of cancellation, whether or not the current billing period is
only partially complete. All fees and charges are nonrefundable.
Teapplix may change the Service Fees then in effect, or add new fees or
charges, by giving You notice in advance. Continued use of the Service
after any such fee changes shall constitute your consent to the new fees.
Charges and Credit Card. Teapplix charges your credit card each
billing period Your Service Fees for that period. You must provide Teapplix
with a valid credit card number belonging to you with available credit
sufficient to pay the applicable Service Fees. In the event that you cancel
this credit card or it is otherwise terminated, you must immediately provide
us with a new valid credit card number.
Non-Payment. If timely payment is not received or cannot be charged
to your credit card for any reason, Teapplix reserves the right to either
suspend or terminate your access to the Service and account and terminate
this Agreement. If Teapplix receives a cancellation notice from you,
you will be obligated to pay balance due on your account. You agree that
Teapplix may charge such unpaid fees to your credit card or otherwise
bill you for such unpaid fees.
Free Trials. Teapplix offers new subscribers a one time free trial
to test the Service. Each new subscriber is limited to only one trial
account. Additional accounts registered by the subscriber will not have
free trial periods. Teapplix reserves the right to discontinue or modify
the terms of free or promotional offer at our discretion.
Restrictions. You are permitted to store, manipulate, analyze,
reformat, print, and display the Content only for your personal use. Unauthorized
use of the Service, or the resale of the Services, is expressly prohibited.
You shall not copy, license, sell, transfer, make available, distribute,
or assign this license or the Content to any third party. You also shall
not create Internet "link" to the Service or "frame"
or "mirror" any Content contained on, or accessible from, this
Service on any other server or Internet-based device. You are advised
to consult with your broker or other financial representative to verify
pricing information prior to the execution of any security trade based
upon the Content.
User Accounts. A user account is required to access the Service
and may be accessed and used only by those authorized individuals who
are registered with Teapplix. You are solely responsible for any and
all activities that occur under your account and ensuring that you exit
or log-off from your account at the end of each session of use. You shall
notify Teapplix immediately of any unauthorized use of your password
or account or any other breach of security that is known or suspected
by you. Teapplix shall not be responsible for any unauthorized access
to your account.
Account Information. Teapplix does not own and will not monitor,
edit, or disclose any information regarding you or your account without
your prior permission except in accordance with this Agreement. Please
be aware that Teapplix does provide certain user registration and
statistical information such as usage or user traffic patterns in aggregate
form to third parties, but such information will not include personally
identifying information and your Internet protocol address is not transmitted
with each message sent from your Teapplix account. Teapplix may
access your account to respond to service or technical problems or as
stated in this Agreement.
User Conduct. You agree to abide by all applicable local, state,
national and foreign laws, treatises and regulations in connection with
the Service. In addition, without limitation, you agree not to use the
Service to: (a) interfere with or disrupt servers or networks connected
to the Service or violate the regulations, policies or procedures of such
networks; (b) attempt to gain unauthorized access to the Service, other
accounts, computer systems or networks connected to the Service, through
password mining or any other means; or (c) harass or interfere with another
user's use and enjoyment of the Service.
Termination. Teapplix, in its sole discretion, may terminate
your password, account or use of the Service and remove and discard any
Data within the Service if you fail to comply with this Agreement. You
may terminate this Agreement effective on the date that any renewal payment
would be due by failing to make renewal payments. If you terminate your
account at any time, you may be liable for any balance of your current
subscription, depending on your plan type, and will not receive a refund
of any part of the subscription rate if you terminate your account during
a billing cycle or plan period. In addition, Teapplix may terminate
a free account if you do not first log-on within 15 days after registration.
Upon termination of an account, your right to use such account and the
Service immediately ceases. Teapplix shall have no obligation to maintain
any Data stored in your account or to forward any Data to you or any third
party.
eBay Authorization Tokens. In your use of the Service, you may create
eBay auth tokens that allow Teapplix to access your eBay account. By
creating such tokens you authorize Teapplix to access your eBay account as
permitted by each token. Specifically, you grant Teapplix the permission to place
a small "Powered by Teapplix" logo at the end of your listing as a
Third-Party Acknowledgement defined by eBay
here.
Third Party Interaction. In your use of the Service, you may enter
into correspondence with, purchase goods and/or services, or participate
in promotions of advertisers or sponsors showing their goods and/or services
through the Service. Any such activity, and any terms, conditions, warranties
or representations associated with such activity, is solely between you
and the applicable third-party. Teapplix shall have no liability,
obligation or responsibility for any such correspondence, purchase or
promotion between you and any such third-party.
Links to Third Party Sites. Teapplix does not endorse any sites
on the Internet which are linked through the Service. Teapplix is
providing these links to you only as a matter of convenience, and in no
event shall Teapplix be responsible for any content, products, or
other materials on or available from such sites.
Proprietary Rights. Except for the licenses granted herein, you
have no right, title or interest in or to the Service or any Content and
Teapplix or its licensors. Teapplix and/or other Teapplix
products and services referenced herein are either trademarks or registered
trademarks of Teapplix. The names of other companies and products
mentioned herein may be the trademarks of their respective owners.
Indemnification. You shall indemnify and hold Teapplix, its
licensors, and each such party's parents, subsidiaries, affiliates, officers,
directors, employees, attorneys, and agents, harmless from and against
any and all claims, costs, damages, losses, liabilities, and expenses
(including attorneys' fees and costs) arising out of or in connection
with your use of the Service (including the Content) or breach of this
Agreement.
Disclaimer of Warranties. TEAPPLIX AND ITS LICENSORS, MAKE
NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF
THE SERVICE OR ANY CONTENT. Teapplix AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED
OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE,
SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(III) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(V) ERRORS OR DEFECTS WILL BE CORRECTED, (VI) THE SERVICE OR THE SERVER(S)
THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS
IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Teapplix AND ITS LICENSORS.
Limitation of Liability. IN NO EVENT SHALL Teapplix'S AGGREGATE
LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE ONE MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT
SHALL Teapplix AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES
OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR
OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH
THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE
THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE,
EVEN IF Teapplix OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT
SHALL TEAPPLIX'S LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES
OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) OR FOR ANY INDIRECT, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING
UNDER THIS AGREEMENT OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY
KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED,
OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF
CAUSE, IN THE CONTENT.
Additional Rights. Certain states and/or jurisdictions do not allow
the exclusion of implied warranties or limitation of liability for incidental
or consequential damages, so the exclusions set forth above may not apply
to you.
Local Laws and Export Control. Teapplix controls and operates
this Service from its location in the United States of America and is
subject to the United States Export Administration Laws and Regulations.
Teapplix makes no representation that the Service is appropriate or
available for use in other locations. If you use the Service from outside
the United States of America, you are solely responsible for compliance
with all applicable laws, including without limitation export and import
regulations of other countries. Any diversion of the Content contrary
to United States law is prohibited. None of the Content, nor any information
acquired through the use of the Service, is or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed or
embargoed countries or their nationals, nor is or will be used for nuclear
activities, chemical biological weapons, or missile projects, unless specifically
authorized by the United States Government for such purposes. You shall
comply strictly with all United States export laws and assume sole responsibility
for obtaining licenses to export or re-export as may be required.
Submissions. Teapplix alone will own all right, title and interest,
including all related intellectual property rights, to any suggestions,
ideas, feedback, recommendations, or other information provided by you
relating to the Service ("Submissions") and you agree to assign
such Submissions to Teapplix free of charge. Teapplix may use such
Submissions as it deems appropriate in its sole discretion.
Notice. Teapplix may give notice by means of a general notice
on the Service, electronic mail to your e-mail address on record in Teapplix's
account information, or by written communication sent by first class mail
to your address on record in Teapplix's account information. You may
give notice to Teapplix (such notice shall be deemed given when received
by Teapplix) at any time by any of the following: electronic mail
to sales@Teapplix; Filling out the contact us form on www.Teapplix.
Modification to Terms. Teapplix reserves the right to change
the terms and conditions of this Agreement or its policies relating to
the Service at any time and shall notify you by posting an updated version
of this Agreement on the Service. You are responsible for regularly reviewing
this Agreement. Continued use of the Service after any such changes shall
constitute your consent to such changes.
Beneficiaries. The rights and limitations in this Agreement are
also for the benefit of Teapplix's licensors each of whom shall have
the right to enforce its rights hereunder directly and on its own behalf.
General. This Agreement will be governed by California law and
controlling United States federal law, without regard to the choice or
conflicts of law provisions of any jurisdiction. You shall bring all disputes,
actions, claims, or causes of action related to this Agreement or in connection
with the Service only in the federal and state courts located in Santa
Clara County, California. No text or information set forth on any other
purchase order, preprinted form or document shall add to or vary the terms
and conditions of this Agreement. The English language version of this
Agreement shall control. If any provision of this Agreement is held by
a court of competent jurisdiction to be invalid or unenforceable, then
such provision(s) shall be construed, as nearly as possible, to reflect
the intentions of the invalid or unenforceable provision(s), with all
other provisions remaining in full force and effect. No joint venture,
partnership, employment, or agency relationship exists between you and
Teapplix as a result of this agreement or use of the Service. The failure
of Teapplix to enforce any right or provision in this Agreement shall
not constitute a waiver of such right or provision unless acknowledged
and agreed to by Teapplix in writing. This Agreement comprises the
entire agreement between you and Teapplix and supersedes all prior
or contemporaneous negotiations, discussions or agreements, whether written
or oral, between the parties regarding the subject matter contained herein.
© Copyright 2007-2010, Teapplix. All rights reserved.
QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this
Agreement or wish to obtain additional information, please contact us here.