1.1 These Terms of Service (this “Agreement”) govern your use of the websites, other digital and electronic platforms, and their associated content, communications, tools, features, functionality and services (collectively, the “Service”), whether or not log-in or registration is required to access them, including interactive communities and other chat and forum discussion areas and other areas which permit Posts (as defined in Section 4), some of which offer “Q&A,” “Ask An Expert” and similar features (the “Communities”), in each case which are owned and operated by Central Texas Entrepreneur Networks Inc., TEN Business Media, Inc. and their respective divisions, subsidiaries and other affiliates (collectively, “TEN” or “we”).
1.2 Certain products and services offered by TEN which are governed by this Agreement also are governed by additional terms which are specified in a separate written agreement between one or more TEN entities and you or your company and/or are accessible directly from the website or other digital or electronic platform through which such products and services are delivered (“Additional Terms”; the terms of this Agreement and all applicable Additional Terms, the “Service Terms”). To the extent (but only to the extent) of any conflict between this Agreement and Additional Terms, such Additional Terms shall control with respect to your use of such product(s) or service(s) only. We reserve the right, in our sole discretion, to update or otherwise revise or modify all or any part of this Agreement (“TOS Changes”) at any time, and you are user deemed to be apprised of and bound by all such TOS Changes, effective immediately upon your first use of the Service after the posting and confirmation of such TOS Changes by TEN’s updating the date indicated after the phrase “
1.3 By accessing the Service, you affirmatively indicate your binding acknowledgment and acceptance of all Service Terms, including the TOS Changes made by TEN as permitted above, and your agreement to be bound by and comply fully with the Service Terms in their entirety. Failure to comply fully with the Service Terms may result in restriction, suspension, blockage or termination of access and use privileges for all or any part of the Service at any time without prior notice from or liability of TEN, and may result in additional legal actions taken against the offending individuals and organizations, in each case in our sole discretion. If you do not agree to any portion of this Agreement, you may not use the Service (or any portion thereof).
1.5 In consideration of your use of the Service, you represent, warrant and covenant to us that:
(a) If you access the Service in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by the Service Terms.
(b) You are at least 18 years old, you are competent, and you have the capacity and authority necessary to enter into, and perform your obligations under, the Service Terms (including on behalf of such person or entity, if applicable), and you are not a person barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.
(c) You will comply with all applicable laws, rules and regulations of all applicable jurisdictions in connection with your use of the Service.
2. General TEN Intellectual Property Ownership Rights.
You acknowledge and agree that the tools and applications, data and other information, content (including its selection and arrangement), services and software (including all text, logos, photographs, graphics, images, video, audio, illustrations, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials), product names, logos, designs, titles, and certain words or phrases, in each case displayed on, transmitted through, or accessed or used on, within, or in connection with the Service (all of the foregoing, collectively, “Service Content”), are intellectual property protected by copyright, trademark or other proprietary rights of TEN or its licensors, suppliers or other designees, which rights may or may not be registered in certain jurisdictions. You acknowledge and agree that TEN reserves and retains, for itself and such third parties, as applicable, all intellectual property and other proprietary rights of any and all kinds in connection with the Service. You also agree to comply with any additional copyright notices, information, or restrictions contained in any Service Content available on or accessed through the Service.
3. Registration and Profile Creation.
In order to access certain features of the Service, you will be required to register by providing certain profile and contact information, and we may require or permit you to use your credentials for a third-party platform (such as LinkedIn) to so register (a “Social Sign-On”). In the event that registration is required, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and you agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice, image or photograph. If you provide (or we have reason to suspect that you have provided) any information that is untrue, inaccurate, not current, or incomplete, or there is unauthorized use of your user registration or we suspect fraudulent or abusive activity, we have the right, among other remedial options, to interrupt, restrict, suspend or terminate your current or future use of or access to the Service (or any portion thereof), without notice to you. Your account is for your sole, personal use; you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to take all reasonable steps to protect the Service from unauthorized access or use. You are solely responsible for the security of your user registration and password and will be solely liable for any use or unauthorized use under same. You shall cooperate with us in any fraud investigation and use any reasonable fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.
Regarding payments to TEN for registration, admission, sponsorship, or other activities. There are no refunds of any kind or under any circumstances.
4. Posts to Communities on the Service.
Designated Communities within the Service permit you and other authorized users to post, submit, upload, transmit or otherwise make available comments, questions, answers, opinions, reviews, content, links, information (including profile information), communications and/or other material (each, a “Post”), all of which must comply with and are subject to the Service Terms.
4.1 By making Posts, you are consenting to allow us to display them to all users of the applicable Community (including those who are not logged in, or registered to participate in, the Community), and to feature them on other TEN properties, in addition to the more general licenses set forth below in this Section 4 (collectively, the “Posts License”).
4.2 By registering via a Social Sign-On, you are granting your consent for us to display the name and photograph and other information associated with your applicable third-party platform profile in connection with the display of your Posts.
4.3 You hereby grant to TEN and its designees, an unrestricted, perpetual, irrevocable, worldwide, non-exclusive, freely sub-licensable and transferable, fully paid-up, royalty-free license and right (but not the obligation) to (i) Use your Posts (including the ideas embodied therein) and (ii) use your name, user/log-in name, likeness, biographic and other profile information about you in connection with any use of your Posts, in each case without payment or other additional consideration of any kind, or permission or notification, to you or any third party, and without crediting you. “Use” means, without limitation, the irrevocable right to publish, copy, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license or otherwise use or exploit your Posts, or portions thereof, alone or with other material, with or without revisions, without notice and without obligation, payment, accounting, or other reference or attribution to you or any other person or entity, in the name of TEN or its designees throughout the world in perpetuity in any and all media now or hereafter known and for any purpose, without obtaining further permission from you or any other person or entity.
4.4 Without limiting the foregoing, you also hereby permit TEN and its designees to use portions of your Posts, to modify or rewrite any of your Posts, and/or to incorporate other materials, either created by TEN and/or its designees or licensed from third parties (any of the foregoing, “Edits”), with the Posts, and all resulting Edits and/or derivative works (including, in each case, all intellectual property and proprietary rights therein) shall be owned by TEN and/or such designees and not subject to your approval or payment by TEN or any other party of any compensation to you.
4.5 The Posts License applies whether or not the Posts are or could be protected under applicable intellectual property laws, such as the copyright, trademark or patent laws of or within the United States or any other applicable countries or jurisdictions. You acknowledge and agree that you are receiving good and valuable consideration for the rights you are granting herein, such consideration is adequate, satisfactory, and complete, and includes your right to access and use the Service in accordance with the terms and conditions set forth in the Service Terms. To the maximum extent permitted by law, you hereby waive all moral rights, rights of attribution, rights of privacy and rights of publicity in your Posts that may be available to you in any part of the world. You hereby confirm that no such rights have been or will be asserted.
4.6 You further acknowledge and agree that your Posts do not contain confidential or proprietary information, the relationship between you and TEN is not a confidential, fiduciary, or other special relationship, and TEN is not under any obligation of confidentiality, privacy, secrecy or use restriction of any kind, express or implied, with respect to your Posts, all of which may be used by TEN under the Posts License or any applicable assignment made pursuant to an agreement between TEN and you or your employer, and without any further obligation to you.
4.7 TEN may be considering, contemplating or developing the same or a similar idea (and/or related products, services, concepts, systems or techniques) to one or more ideas (and/or products, services, concepts, systems and/or techniques) reflected in your Posts submitted on the Service, whether before, at the time of or following your submission. Without limiting the Posts License in any respect, you hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any ideas or materials accepted, reviewed and/or used by TEN and its designees (and/or any related products, services, concepts, systems and/or techniques) in any way (i) may be similar to or unlawfully or otherwise improperly compete with your Posts or any of the contents thereof or (ii) violate any obligation of TEN to you or any other person or entity that in any way is alleged to arise from or relate to your Posts or any of the contents thereof.
4.8 You represent and warrant to us that you are authorized to grant all rights pursuant to the Posts License and, further, your Posts: (i) are truthful and accurate, and contain solely original content owned by you, content for which you have received express permission from the owner and have provided proper attribution to same, or content in the public domain (and you assume all responsibility for making such determinations and acquiring all necessary authorizations and approvals related to your Posts); (ii) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy, confidentiality or any other contractual or proprietary right, including patent, trademark, copyright and trade secret rights; (iii) disclose all affiliations or relations necessary so that such Posts are not deceptive or misleading (for example, if you are commenting upon a company and work for that company, then this should be disclosed); and (iv) comply with all other provisions of this Agreement (including Section 6).
5. Managing Posts.
5.1 TEN is under no obligation to review any Posts by users and shall have no responsibility or liability relating to any such Posts or the conduct of any user submitting Posts of any nature. However, TEN shall have the right in its sole discretion, without obligation and without notice or liability, to (or elect not to) delete, move or edit any Posts or other content that it may determine is or may be unlawful or a violation of this Agreement or any other TEN policy or agreement with TEN, or otherwise contains errors or omissions or is unacceptable or inappropriate for any reason. (With respect to copyrighted content, see also Section 13 regarding DMCA notices.)
5.2 TEN cannot guarantee that individuals making Posts or otherwise participating in any Community are who they represent themselves to be, nor does TEN endorse, represent or validate, or have any responsibility or liability for, the content, accuracy or reliability of, or the statements, assertions, views or opinions expressed in, any Posts, and you acknowledge that any reliance upon same shall be at your sole risk.
6. Use of Service.
Certain General Terms and Use Restrictions
6.1 TEN may change, suspend or discontinue all or any aspect of the Service (including the Communities) at any time, including the availability of any feature, database, or Service Content, without prior notice or liability. Information available in Communities and on other parts of the Service does not, and should not be relied upon to, replace the advice of your own professional legal, tax and financial, or medical advisors. (See also Section 10 for certain further disclaimers and limitations of liability.)
6.2 You shall not:
(a) access the Service (or any portion thereof) by any means other than through an interface that is provided by TEN for such purpose;
(b) resell use of, or access to, the Service to any third party;
(c) adapt, translate, reverse-engineer, decompile or disassemble, in whole or in part, any Service Content;
(d) except as otherwise specifically and expressly permitted in this Agreement or the applicable Additional Terms, as the case may be, copy, reproduce, duplicate, download, store, modify, publish, transmit, re-license, transfer or sell, reproduce, create derivative works from, distribute, perform, post, display, or in any way commercially use or exploit any of the Service or Service Content, or any access thereto, in whole or in part;
(e) install, upload, post or otherwise facilitate the introduction of a virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or similar program that is harmful, invasive or otherwise intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
(f) otherwise interfere with or disrupt the operation of, or the servers or networks that provide, the Service (or any portion thereof), including the operation or normal flow of communication and dialogue on any Community; produce a volume of Posts in a given period of time that a single human cannot reasonably manually produce in the same period by using a conventional on-line web browser uploading Posts one at a time; cause a screen to scroll faster than other users are able to type, or otherwise take any action which adversely affects the ability of other users to engage in real time activities on any Community;
(g) remove any copyright, trademark, patent or other proprietary rights notice on any Service Content; or
(h) use any robot, spider, search/retrieval application, or other manual or automatic device or technique to extract, “scrape,” collect, retrieve, index, “data mine,” copy, catalog, download or otherwise reproduce, store or distribute information or content available on the Service (including information about other individuals or companies using the Service or any portion thereof) or in any way reproduce or circumvent the navigational structure or presentation of the Service (or any portion thereof, including any Community).
Certain Additional Restrictions on Use of Communities
6.3 You are prohibited from accepting any compensation from any third party for placing any content in a Post and from making Posts containing any content (or any link to any content) which:
(a) is vulgar, profane, obscene, pornographic, harmful, hateful, abusive, harassing or threatening, libelous, defamatory, false or misleading, or promotes violence, discrimination (whether based on gender, sexual orientation, religion, race, ethnicity, nationality, disability or age), promotes or facilitates religious or political organizations or illegal activities or otherwise contains materials that TEN considers objectionable or inappropriate;
(b) impersonates others or contains personal information about any person or competitive business information about another business or company;
(c) contains unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, except that within a Community we may in our sole discretion permit you to submit Posts with information about your business, including a link to your company website, as long as such information is related to the applicable content topic and otherwise complies with the Service Terms;
(d) contains or launches or provides links or access to software or other applications that may be harmful to another user’s computer or could circumvent, disable or otherwise interfere with security features of the services or features that prevent or restrict use or copying of any content or enforce the Service Terms;
(e) contains viruses or other contaminating or destructive features, or software that could disrupt, damage, disable, burden or impair any Community, the Service or any portion thereof; or
(f) infringes any copyright, trademark, patent or trade secret or otherwise violates any obligation of confidentiality, the intellectual property, privacy, publicity, moral or any other right of any third party, or any applicable law, rule or regulation.
Certain Restrictions on Use of Event Participants Information
6.4 If any TEN website or other portion of the Service makes available the name, contact information, and/or any other information (“Participant Information”) concerning any sponsor, exhibitor, or attendee (each, a “Participant”) in or at any TEN trade show, conference, or other event (each, an “Event”), whether live or virtual, you may not use any of such Participant Information except for your own internal business purposes (and may not, for example, directly or indirectly resell or otherwise redistribute, or permit any third party to use, any of same), and, if you are not yourself an authorized Participant in such Event, you agree not to solicit or otherwise contact any Participant identified by such Participant Information. You agree to pay TEN liquidated damages of $10,000 per Participant you solicit or otherwise contact in violation of the previous sentence.
You should report any actual or suspected violations of Section 6 to TEN at info@TENCapital.group.
7. Links to External Sites.
The Service may contain links to, or otherwise point to, sites on the Internet or other electronic or digital media which are owned and operated by third parties (“External Sites”). You acknowledge that External Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions (“External Site Terms”) that differ from the provisions which apply to the Service, and TEN is not responsible for, and expressly disclaims any and all liability for or related to, the availability of, or the content located on or through, any External Site, its External Site Terms, or any Losses (as defined in Section 9.1) that may arise or result from your navigation to or use of any External Sites. You should contact the administrator or webmaster for those External Sites if you have any concerns regarding the links to them, the content located on such External Sites, or their External Site Terms.
8. Equipment, Connectivity and Communications Providers.
8.1 You are solely responsible for obtaining and maintaining all wired, wireless and other telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Service, and paying all charges related thereto (including any third-party fees or charges which may be levied for transmission or receipt of communications in connection with the Service).
8.2 TEN does not operate the networks of, or have any control over the operations of, the wireless or other communications service providers through which you may access the Service. Accordingly, (i) we disclaim all responsibility and liability for or relating to your use of any such providers to access the Service (see also Section 10 for certain other disclaimers and limitations on liability) and (ii) we cannot guarantee the privacy or security of wireless data transmissions. The wireless device browser is generally pre-configured by your wireless Internet service provider, which you should consult for information about their privacy and security practices. You should not share personal, secret, confidential, sensitive, proprietary or other non-public information through any Community or other portion of the Service.
9. General Release and Indemnification; Other Relief.
9.1 You hereby release and agree to indemnify, defend and hold harmless TEN, its affiliates, and all of their respective officers, directors, owners, agents, suppliers, licensors and assigns (collectively, the “TEN Parties”) from and against any and all claims, liabilities, obligations, losses, damages, penalties, demands, actions, suits, judgments, settlements, costs and expenses (including administrative costs, investigatory costs, litigation and settlement costs and experts’, auditors’ and attorneys’ fees and disbursements) of whatever nature (any of the foregoing, “Losses”), whether incurred by or issued against any TEN Party, in connection with (i) your Posts, (ii) the use of your Posts by any TEN Party for any purpose in accordance with the Service Terms, (iii) any use or alleged use of the Service or any Service Content, or any violation or alleged violation of applicable law or a third party’s rights, in each case by you or under your user name by any person or entity, whether or not authorized by you. TEN reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with TEN’s defense of such claim.
9.2 You acknowledge that the Service contains Service Content that is highly proprietary and confidential in nature and is protected by applicable intellectual property and other laws, and that unauthorized copying, transfer, or use may cause the TEN Parties and/or its suppliers and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Service Terms may be enforced by TEN by means of equitable relief (including injunctive relief), in addition to all other available rights and remedies.
10. Disclaimer of Warranties; Limitation of Liability.
10.1 THE TEN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ALL DATA, INFORMATION, TOOLS, AND OTHER SERVICE CONTENT MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED STRICTLY “AS IS” AND “AS AVAILABLE,” AND NO TEN PARTY SHALL BE RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER TO YOU OR ANY THIRD PARTY FOR ANY DELAYS, OMISSIONS, INACCURACIES, OR DELAYS OR FAILURES TO PROVIDE UPDATES OR CORRECTIONS, IN CONNECTION THEREWITH OR WITH ANY RESULTS OBTAINED THEREFROM. THE TEN PARTIES CANNOT AND DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, SECURITY, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA, INFORMATION, TOOLS, OR OTHER SERVICE CONTENT MADE AVAILABLE THROUGH THE SERVICE, OR THAT THE SERVICE OR THE SERVER(S) ON WHICH THE SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET YOUR REQUIREMENTS, OR CAN BE RELIED UPON IN ANY RESPECT. NO TEN PARTY SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS NEGLIGENCE OR OMISSION IN PROCURING, COMPILING, CALCULATING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING, OR DELIVERING ANY INFORMATION, DATA, OR OTHER SERVICE CONTENT THROUGH THE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN CONNECTION THEREWITH. IN NO EVENT SHALL ANY TEN PARTY BE LIABLE IN ANY RESPECT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR SUCH OTHER PERSON OR ENTITY IN RELIANCE UPON ANY SERVICE CONTENT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER FORM OF DAMAGES WHATSOEVER, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR ANY SERVICE CONTENT, INCLUDING LIABILITY OR DAMAGES FOR LOST PROFITS OR GOODWILL, DAMAGES RESULTING FROM INCONVENIENCE, LOSS OF DATA OR LOSS OF USE OF THE SERVICE, OR ANY OTHER LIABILITY OR DAMAGES, WHETHER TANGIBLE OR INTANGIBLE, IN ANY WAY ARISING OUT OF OR CONNECTED WITH THE USE OF OR PERFORMANCE OF THE SERVICE, IN EVERY SUCH CASE EVEN IF ANY TEN PARTY HAS BEEN ADVISED OF (OR OTHERWISE MIGHT HAVE ANTICIPATED) THE POSSIBILITY OF SUCH DAMAGES. THE SERVICE (INCLUDING ALL OR PART OF ANY COMMUNITY OR ANY OTHER PORTION OF THE SERVICE) MAY BE DISCONTINUED, LIMITED OR MODIFIED, TEMPORARILY OR PERMANENTLY, IN THE SOLE AND ABSOLUTE DISCRETION OF TEN, AT ANY TIME AND FOR ANY REASON, WITHOUT NOTICE AND WITHOUT LIABILITY ON THE PART OF ANY TEN PARTY TO ANY PERSON OR ENTITY. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE, THE ACCURACY AND COMPLETENESS OF THE SERVICE CONTENT (INCLUDING POSTS ON COMMUNITIES, WHETHER BY TEN PERSONNEL OR THIRD PARTIES), AND YOUR USE OF AND RELIANCE ON THE SERVICE AND THE SERVICE CONTENT, IS ASSUMED SOLELY BY YOU.
10.2 WITHOUT LIMITING SECTION 10.1 IN ANY RESPECT, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TEN PARTIES TO YOU AND/OR YOUR COMPANY (IF APPLICABLE) FOR ANY LOSSES (AS DEFINED IN SECTION 9.1) IN ANY WAY ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR ANY SERVICE CONTENT OR TO ANY USE OR EXPLOITATION OF YOUR POSTS OR RIGHTS THEREIN FOR ANY PURPOSE (COMMERCIAL OR OTHERWISE) EXCEED US$1,000.
10.3 WITHOUT LIMITING SECTION 10.1 OR 10.2 IN ANY RESPECT, TO THE EXTENT THAT ANY OF THE LIMITATIONS OR EXCLUSIONS SET FORTH IN SUCH SECTIONS ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THE LIABILITY OF THE TEN PARTIES UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE SERVICE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. TEN Corporate and Business Information.
Corporate and other investor relations types of information and materials about TEN and its businesses which may be accessible via any portion of the Service from time to time (“Corporate Information”) are provided for convenience only, and speak only as of their original date or the date specified therein. Current and available information about TEN may change at any time and may not be reflected on the Service, and TEN disclaims any responsibility to revise, update or otherwise ensure the accuracy of any Corporate Information, whether as a result of new information, future events or otherwise.
This Agreement shall be construed in accordance with the laws of the State of Texas, USA (and applicable U.S. federal law), without regard to conflicts of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Travis County in the State of Texas, USA. The Service Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all other previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you, on your behalf or for your benefit arising out of or related to the Service Terms or use of the Service must be filed within one year after such claim or cause of action arose or be forever barred. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. As used herein, “include,” “includes” and “including” are deemed to be followed by “without limitation” whether or not they are in fact followed by such words or words of like import. We reserve the right to require you to sign a non-electronic version of this Agreement.
13. Digital Millennium Copyright Act (“DMCA”) Notice.
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service. In addition, we respond to notices of alleged copyright infringement in accordance with the DMCA’s safe harbor provisions. If you believe, in good faith, that any materials on the Service infringe a copyright, you may provide us with written notice that at a minimum contains the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 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.
All DMCA notices should be sent to our designated agent as follows:
Attn: Hall T. Martin
PO Box 163262
Austin, Tx 78716
Although it is our policy to terminate content-related relationships with third parties who repeatedly infringe the copyrights of others, TEN shall not be liable to you or any third party under any circumstances for declining to remove or replace any content or material on the Service.
14. Your Acceptance of the Agreement
This Online Terms of Service Agreement (“Agreement”) is made between TEN Capital Group and the user (“you”) of the Tencapital.group website and associated applications. This Agreement covers all content, services, and web pages accessible through the Tencapital.group website and associated applications or in any Internet-related media and email from the TEN Capital Group (collectively, the “Service”). The TEN Capital Group reserves the right to modify the disclaimers, terms and conditions of access to the Service, without advance notice, by posting an updated version of this Agreement on the Service. All such modifications are effective twenty-four (24) hours after posting. Your access, link to or use of the Service after the date such amended terms are posted on the Service shall be deemed to constitute acceptance of such amended terms.
TEN Capital does not charge a fee for text messaging service. While we do not charge for this service, we are not responsible for any charges from a person’s service provider that may result from our providing this service. It is the user’s responsibility to check with their individual carrier, as standard messaging and data rates may apply. TEN Capital assumes no responsibility for charges incurred by signing up for this text messaging service. Any text messaging fees that you incur will be billed on your individual mobile provider bill.
15. Editorial Policy Regarding Use of Tencapital.group Material
The TEN Capital Group intends its publications to be used exclusively by its member organizations. By virtue of their membership, employees and designated affiliates of those organizations may access the TEN Capital Group website, download online reports, use its tools, and subscribe to its newsletter.
15.1. Sharing Published Material Internally
The TEN Capital Group encourages members to make unlimited copies of its online briefings and material printed from its website, including research studies, for internal use. The TEN Capital Group also encourages members to share published material, in whole or in part, with employees and affiliates of member organizations and to place published material, in whole or in part, on their own intranets, if the intranet is restricted to employees and affiliates of the member organization.
15.2. Sharing Published Material Externally
In order to protect the integrity of the membership (i.e., that use of our materials be limited to member organizations that fund the research) as well as the independence of our analysis (i.e., avoiding any inference of an implied endorsement or relationship with a third party) we ask members to check with us before using our materials externally. To request permission, please contact Info@tencapital.group
16. License and Termination
Your access to and use of the Service, including without limitation any images, text, data or other information (collectively referred to as “Content”) available through the Service, is licensed to you, not sold. The TEN Capital Group grants you a limited license to access and use the Service subject to the terms, conditions and disclaimers set forth in this Agreement, and to all applicable state and federal laws and regulations. Failure to abide by any such disclaimers, terms or conditions will result in the immediate termination of your access to the Service. In addition, the TEN Capital Group reserves the right, in its sole discretion, to terminate your access to all or any portion of the Service for any reason and to take any other actions that the TEN Capital Group, in its sole discretion, believes to be in the interest of the company and of its members as a whole.
You warrant that for any Content you submit to the Service, you own the right to use and provide such Content. In addition, you grant to the TEN Capital Group a permanent and irrevocable license to use, display, distribute, perform, reproduce in whole or in part, modify and create derivative works from the Content, in any media, and you grant the TEN Capital Group the right to sublicense the same.
17. Intellectual Property
The TEN Capital Group, tencapital.group, the TEN Capital Group logo, and all other text and images contained on this website are protected by United States trademark and copyright law and other applicable law and are the property of TEN Capital, except as otherwise identified. All rights are reserved. All copyrights and trademarks not the property of the TEN Capital Group that are used or referred to in this website are the property of their respective owners. Nothing contained in this site shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of the TEN Capital Group or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site may violate the law. Materials on the site may not be modified, reproduced or displayed for any commercial or public purpose without specific written permission from the Ten Capital Group. In particular, and not by way of limitation, the TEN Capital Group does not permit framing of the website or of any content on the website.
18. Access and Confidentiality
This Agreement applies to users of the publicly-accessible portions of the website as well as to users of the password-protected pages. The TEN Capital Group members are issued user names and passwords and have exclusive access to the password-protected pages of the site. If you access the password-protected web pages but are not a member, your access is not authorized and you must log out and delete all information found on password-protected web pages.
You shall use your best efforts to keep confidential and protect the contents of all password-protected web pages, if you access them, and any derivative works incorporating or based upon them, from disclosure to persons not employed by your TEN Capital Group member organization. The TEN Capital Group will continue to own and to protect the confidential nature of any non-public information contained on a password-protected web page even if and to the extent you incorporate it into a derivative work.
19. Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Advisory.com website, and you agree not to engage in unacceptable use of the website, which includes, without limitation, use of the site to: (a) disseminate or transmit “spam,” unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including the TEN Capital Group (c) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (d) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (e) interfere, disrupt or attempt to gain unauthorized access to other profiles or accounts on the website or any other computer network; (f) disseminate or transmit viruses or any other malicious code or program; or (g) engage in any other activity deemed by the TEN Capital Group to be in conflict with the spirit or intent of this Agreement.
20. Content and Non-Endorsement
The TEN Capital Group has worked to ensure the accuracy of the information it provides through the Service. The information created and posted on the tencapital.group website relies on data obtained from many sources believed to be reliable. However, the TEN Capital Group cannot guarantee the accuracy or the completeness of the information provided via the Service or any analysis based thereon. Further, neither the TEN Capital Group nor any of its programs are in the business of giving legal, clinical, accounting or other professional advice, and the information on the Service should not be construed as professional advice on any particular set of facts or circumstances. Users of the Service should not rely on any legal commentary herein as a basis for action, or assume that applicable law would permit any tactics described herein. Before undertaking implementation of any of the tactics discussed herein, members are advised to seek professional counsel on the issues raised by these tactics by consulting with: (1) appropriate legal counsel (on, for example, antitrust, health care fraud and abuse, and tax exemption issues); (2) medical staff and senior managers (on, for example, matters involving clinical practice and direct patient treatment); and (3) other appropriate professionals (on, for example, accounting and tax issues). Neither the TEN Capital Group nor any of its programs shall be liable for any claims or losses that may arise from (a) any errors or omissions in their work product, whether caused by the TEN Capital Group or any of its programs or sources, or (b) reliance on any graded ranking or recommendation by the TEN Capital Group.
The Service may provide links to web pages, websites and various resources or locations on the web. The TEN Capital Group has no control over the information you access via such links, does not endorse that information, and shall not be held responsible for it or for the consequences of your use of that information.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. THE TEN CAPITAL GROUP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE TEN CAPITAL GROUPASSUMES NO RESPONSIBILITY FOR THE INFORMATION AVAILABLE THROUGH THE SERVICE, AND SUCH INFORMATION SHALL NOT CREATE ANY WARRANTY FROM THE ADVISORY BOARD COMPANY.
THE TEN CAPITAL GROUP SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS, OR GOODWILL, WITH RESPECT TO YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF THE TEN CAPITAL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF THE ADVISORY BOARD COMPANY’S LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and exclusions may not apply to you.
Should you have any questions about this Service, you may contact us at info@TENCapital.Group
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This Agreement was last updated on January 20, 2017.