TekExperts Website Terms of Use - The Tigers of FileMaker Pro

Welcome to the TekExperts website (Site). Please read this Agreement carefully. If you are unwilling to accept the terms and conditions in this Agreement, do not use the Website. By using the Site, you are indicating that you agree to follow and be bound by the following terms and conditions (Terms).
These Terms were last revised on November 7th, 2007, 12:00 p.m. (EDT)

1. Use of Site Content
(a) Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site (Content) is protected by copyright, trademarks, service marks, Site marks, patents or other proprietary agreements and laws (collectively, Intellectual Property Rights) and you are only permitted to use Content as expressly authorized herein or in writing by TekExperts. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and TekExperts and its third party licensors, if any, retain all of its and their respective right, title and interest to the Site and Content.
(b) Except as provided in these Terms, you may not use, download, upload, copy, modify, print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of TekExperts. Requests for such permission should be made to our basic email address found on the cobntact page of this site.
(c) Except as expressly provided in these Terms, nothing contained in these Terms or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

2. You may without our permission:
(a) Download, view, copy, retransmit and print Content, but only if:
1) the Content is used solely for personal, informational, or internal business purposes;
2) the Content is not provided or relied upon as professional or commercial advice;
3) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
4) all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
5) Sections 1(b), 2, 4, 5 and 11-18 of these Terms are prominently displayed with all copies;
6) the Content is not modified or altered in any way; and
7) no graphics are used separately from accompanying text.
(b) Link or hyper-link to the home page of the Site from any Qualified Site, but only if:
1) you notify us by email () specifying the URL of each page from which you will be linking to our home page;
2) you do not frame the Site or any portion of the Site;
3) you do not deep link into the Site (i.e., you do not link into any page other than the home page);
4) the link or hyper-link to the Site is not used in a way that suggests that TekExperts endorses you or your web site;
5) the link is identified using a plain text rendering of the TekExperts name and not any trademark or TekExperts logo.
6) the link or hyper-link to the Site is not used or presented in any way that disparages TekExperts or tarnishes, blurs, or dilutes the quality of TekExperts's names or trademarks or any associated goodwill;
7) the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
8) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

"Qualified Site" means a web site that displays no Objectionable content, is not owned or controlled by a competitor to TekExperts and the content of which is not competitive to the Site.

"Objectionable" means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that:

(a) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
(b) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or
(c) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party's intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or
(d) violates or encourages other to violate any applicable law.

3. You may not under any circumstance:
Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
Delete, modify or attempt to change or alter any of the Content on the Site;
Use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;
Use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other web site providers, web sites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;
Use any "robot", "spider" or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
Use any TekExperts names, service marks, or trademarks without our prior written consent, including without limitation as metatags or hidden text.

4. Marks
Certain product, service, or company designations for companies other than TekExperts may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where TekExperts is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

5. Not Advice/No Commercial Relationship
The Content on the Site is intended to provide general information to the public. Any opinions expressed through Content on the Site are the opinions of the particular author and may not reflect the opinions of TekExperts. Although we try to ensure the accuracy of the Content, laws are often changing, and we cannot guarantee that all of the Content is complete, accurate, or current. You should not act or refrain from acting on the basis of any Content included on the Site. Neither the Site, nor any information or material you send to TekExperts through the Site, is intended to create a commercial relationship. If you communicate with TekExperts through the Site, your communication is not confidential, and may not be secure.

6. Modifications To Terms
TekExperts may change these Terms from time to time. Each time changes are made to these Terms, they will be posted on the home page and you will be alerted to them and asked to review them before proceeding with your further use of the Site. Your continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.

7. Termination of Site/Modifications To Site
TekExperts reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, and 3-18 of these Terms shall survive any termination of these Terms or your right to access to the Site. You acknowledge and agree that TekExperts will not be liable to you or any third party in the event that TekExperts exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.

8. Privacy
TekExperts will treat any information it collects from you in accordance with its Privacy Policy , which is hereby incorporated by reference. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Site.

9. Copyright Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA") http://lcweb.loc.gov/copyright/, TekExperts has designated an agent to receive notifications of alleged copyright infringement associated with the Site. TekExperts will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent: paul@coqui.net. When notifying TekExperts of the alleged copyright infringement, please include all of the following information:
i) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
ii) Identification of the copyrighted work claimed to have been infringed;
iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
iv) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
v) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If material is believed in good faith by TekExperts to infringe a copyright or otherwise violate any intellectual property rights, TekExperts will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with TekExperts's copyright agent. You may want to seek independent legal counsel before filing a notification or counter-notification.

10. Other Sites, Content, Products and Services
The Site may provide links to web sites and access to content, products and services of third parties, including without limitation, TekExperts's affiliates, related companyes and strategic partners and other entities with which our connection consists of only a hyperlink (Other Sites). You should refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them. TekExperts is not responsible for (a) the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by TekExperts, or vice versa; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings.

11. Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TekExperts EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. TekExperts MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT:
(A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE;
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR
(E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

12. Limitation of Liability
IN NO EVENT SHALL TekExperts BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM:
(1) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEBSITES,
(2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
(3) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR
(4) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF TekExperts WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnity
You agree to indemnify, defend and hold harmless TekExperts, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys' fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of these Terms.

14. Dispute Resolution
Any dispute arising out of or in connection with these Terms or your use of any Content or this Site or your access to or links to this Site, shall be resolved by arbitration before one neutral arbitrator administered by the American Arbitration Association in Clearwater, FL, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrator to parties. The award of the arbitrator may be enforced in any court having jurisdiction thereof. Both parties hereby consent
(a) to the non-exclusive jurisdiction of the courts of the state of Florida or to any Federal Court located within the Tampa Bay Area for any action
(i) to compel arbitration, (ii) to enforce the award of the arbitrator or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim or provisional equitable remedies and
(b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.

15. General
If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in effect. TekExperts's failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the state of Florida, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the state of Florida, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You consent to personal jurisdiction by the local and the federal court located in Clearwater, FL. TekExperts may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of TekExperts. These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by TekExperts on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

16. Limitation of Actions Brought Against TekExperts
You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by TekExperts to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

17. Acknowledgment
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

18. Contact Information
If you have any questions regarding these Terms or the Site, please contact TekExperts.