PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS SITE, YOU OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THE TERN WEB SITE. PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SITE!
Tern Commerce, LLC (“TERN”) may revise and update these Terms and Conditions at anytime. Please periodically review the Terms and Conditions posted at the TERN web site because your continued usage of the web site after any changes to these Terms and Conditions will mean you accept those changes.
SECTION 1. USE OF CONTENT – COPYRIGHT
Upon acceptance of these Terms and Conditions, TERN authorizes you to view or download a single copy of the material on this web site solely for your personal, informational and noncommercial use, provided that you retain all copyright and other proprietary notices contained in the original material on any copies of the material. Such material specified above does not include the design or layout of the TERN web site. Elements of the TERN web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the TERN web site may be copied or retransmitted unless expressly permitted by TERN. Special rules or license terms may apply to the use of certain software and other items provided to you via the TERN web site (collectively, “Portal”). Any such special rules or license terms accompany or are listed in association with or through a hyperlink associated with the Portal.
The contents of the TERN web site (“Content”), such as text, graphics, data, images, Portal and other material are protected by copyright and other laws in both the United States and other countries, and title to the Content shall not pass to you or any other party. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of TERN. you may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. Without limitation of the foregoing, unless independently licensed by TERN, use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of TERN. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
SECTION 2. LIMITATION OF TERN’S LIABILITY – DISCLAIMER OF RESPONSIBILITY FOR DAMAGES
TERN makes no representations about the results to be obtained from using the TERN web site, TERN Systems, the Information or the Content.
The use of same is at your own risk.
WHEN USING THE TERN WEB SITE AND TERN SYSTEMS, INFORMATION AND CONTENT WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF TERN AND ITS SUPPLIERS. ACCORDINGLY, TERN ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY CONTENT OR INFORMATION.
THE TERN WEB SITE, TERN SYSTEMS, THE INFORMATION AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TERN, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TERN, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE TERN WEB SITE OR TERN SYSTEMS.
IN NO EVENT SHALL TERN, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE TERN WEB SITE BE LIABLE FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE TERN WEB SITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TERN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERN SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU. THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
SECTION 3. LINKS
The TERN web site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by TERN of the content on such third-party web sites. TERN is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. your use of third-party web sites is subject to any applicable terms and conditions of use for such sites. Linking to any page of the TERN web site other than http://www.Tern.com through a plain text link is strictly prohibited in the absence of a separate linking Agreement with TERN. Any web site or other device that links to http://www.Tern.com is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that TERN is endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with TERN, (e) presenting false information about TERN products or services, and (f) using any TERN logo or mark without permission from TERN.
SECTION 4. INDEMNITY!
You agree to defend, indemnify and hold TERN, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Portal) in a manner that violates or is alleged to violate these Terms and Conditions.