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 as per the "Termination" section below. 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 your subscription by sending email request to Teapplix Support with your Teapplix Account Name. 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 2007-2011, 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.