TWANG may revise this Agreement from time to time. Although TWANG may include a notice on the home page of the Site that the Agreement has been modified, such notice may not remain in place for any extended period of time. Accordingly, you should review the Agreement as posted on the Site from time to time. Using the Site after any revised Agreement has been posted will constitute your acceptance of the revised terms.
- 1. Lawful Use; Use by Minors
Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Site in any manner or for any purposes that are unlawful or prohibited by this Agreement.
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register for the Site. TWANG reserves the right to terminate your account in the event that TWANG becomes aware you are under 18.
- 2. User Accounts
Some of the features and services on the Site require that you first register by creating a User Account. You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password, i.e., a password of sufficient length and complexity such that third parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify TWANG promptly of any unauthorized use or suspected breach of security of your User Account. TWANG shall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions.
- 3. Intellectual Property Rights
Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, price quotes, product specifications, and other materials appearing on the Site (the “TWANG Content”) and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques, and other technology (the “Technology”) displayed, used, or incorporated on the Site by TWANG are copyrights, trademarks, service marks, trade secrets, or other intellectual property or proprietary content owned or licensed by TWANG.
You may use the available TWANG Content and Technology only for your own internal and informational purposes, but you may not reverse-engineer or decompile any of the Technology. You may print a copy of TWANG Content solely for those purposes, but you may not remove any copyright, trademark or other notice displayed on the corresponding webpage or print-out. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the TWANG Content and Technology, in whole or in part, for any purpose without the express written permission of TWANG. Nothing in this Agreement shall be construed as granting any permission (except as set forth in this paragraph), right, or license in any of the TWANG Content or Technology. All intellectual property rights are fully reserved by TWANG.
The trademarks, service marks, and logos used and displayed on the Site are trademarks of TWANG and others. Elements of the Site are protected by copyright, trade dress and other laws and may not be copied or imitated, in whole or in part. No right or license to use any trademark, service mark, logo, graphic, sound, image, or other aspect of the Site is granted by this Agreement or your ability to use the Site.
- 4. Links to and from Other Websites
Portions of the Site may include links to third-party websites. In addition, you may have entered the Site via links on other third-party websites. Such links are provided or permitted to exist as a convenience measure, and TWANG is not responsible for the information, advertising, products, services, content, or other material of any third-party website, regardless of whether such third-party website links to the Site or is accessible by a link from the Site. The inclusion and use of links does not imply sponsorship or endorsement by TWANG of any third-party website.
- 5. Use of “Cookies” and Similar Tools
You understand and agree that TWANG may store information on your computer in the form of a “cookie” or similar tool for purposes of improving the functionality of the Site.
- 6. Disclaimer of Warranties
TWANG does not warrant that product descriptions, pricing, editorial commentary or any other TWANG Content on the Site, regardless of its source, is accurate, complete, reliable or current. The Site is provided for informational purposes only and you should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. TWANG assumes no liability for inaccuracy or incompleteness of the TWANG Content or other content on the Site.
ALL PRODUCTS, SERVICES, INFORMATION, DATA, PRICE QUOTES, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TWANG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE. WITHOUT LIMITING THE FOREGOING, TWANG DOES NOT WARRANT OR REPRESENT THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ITS SERVERS WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWANG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY OR SATISFACTORY QUALITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) TITLE, AND (iv) NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
- 7. Limitations on Liability
In no event shall TWANG, its agents, licensors, or service providers, or any other person or entity involved in creating, promoting, maintaining, hosting, or otherwise making available any TWANG Content, Technology, or other aspect of the Site, be liable to you or any other person or entity for any indirect, incidental, special, consequential, punitive, or other such damages, including but not limited to any damages associated with: (i) loss of goodwill, profits, business interruption, or data, or other such losses; (ii) your inability to use the Site, any unauthorized use of the Site, or any function of the Site or failure of the Site to function; (iii) the provision of or failure to provide any service though the Site; (iv) errors or inaccuracies in the TWANG Content, Technology, or any advertising or other information, software, products, services, and related graphics used, viewed, or obtained through the Site; or (v) any property loss including damage to your computer or computer system caused by viruses or other harmful components encountered during or on account of access to or use of this Site or any third-party website linked to this Site. These limitations of liability shall apply regardless of the form of action, whether based in contract, negligence, strict liability, other tort, or otherwise, and even if TWANG has been advised of the possibility of any particular damages. To the extent you allege or assert any damages associated with the Site which are not excluded by the foregoing, then TWANG’s liability (and that of its agents, licensors, or service providers) for such damages shall not exceed one hundred dollars ($100.00 USD).
- 8. Indemnification
You agree to indemnify, defend, and hold harmless TWANG, its agents, licensors, and service providers, and their respective past and present officers, directors, employees, and representatives, from and against any and all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, including any warranty you provide herein, or otherwise resulting in any way from your use of this Site.
- 9. Copyright Complaints
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide TWANG’s designated agent with the following information:
(i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(ii) identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
(iii) identification or description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
TWANG’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted by email at the following address: Webmaster@twang.com.
- 10. Governing Law; Disputes; Enforceability
These Terms and the relationship between you and TWANG will be governed by the laws of the State of Texas, USA (or applicable federal law), without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Texas, and waive any objections thereto. You further agree that any dispute arising from or related to your use of the Site must be brought exclusively in the state or federal courts located in Bexar County, Texas, unless a Texas mandatory venue statute applies to the dispute, in which case the Texas county of mandatory venue shall be the exclusive jurisdiction for such dispute. You expressly consent to the personal jurisdiction of such courts and waive all objections hereto. If any provision of this Agreement shall be determined to be void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall remain in force and effect.
- 11. Assignability
TWANG may assign this Agreement and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of TWANG or the sale of substantially all of TWANG’s assets related to the services being provided to you, to the surviving or successor entity with reasonable notice to you. You may not assign this Agreement or the rights and obligations hereunder without the prior written consent of TWANG.
- 12. Term; Termination
The term of this Agreement shall commence upon your first use of the Site, and shall continue (i) as long as you or any persons given access by you retain access rights to the Site, or (ii) until TWANG ceases to operate the Site or closes your User Account. TWANG shall not have any ongoing obligation to provide the Site; thus, TWANG may cease to operate the Site at any time and for any reason. Without limiting the foregoing, TWANG may cease to provide your User Account in the event of: (i) any dispute or termination of TWANG’s relationship with you; (ii) any dispute concerning ownership or control of your User Account; or (iii) use of your User Account in a manner that TWANG, in its sole discretion, considers improper or unacceptable.
- 14. Other Written Provisions
Your entry into this Agreement shall not affect any engagement letter or other written provisions and written agreements (collectively, “Other Written Provisions”) that may be operative between you and TWANG, all of which shall remain in full force and effect according to their terms. With respect to your use of the Site, however, this Agreement shall govern in the event of any inconsistency between this Agreement and the Other Written Provisions.
- 1. Information We Collect
TWANG does not collect personal information unless you voluntarily provide it to us. We do, however, collect certain types of information and ask for personal information in certain circumstances, such as when you set up a User Account and search for products on the Site. The following sections describe the type of information we collect and how we collect it.
- Information You Give Us: All users may visit the public areas of the Site without disclosing any personal information about themselves. However, in order to use certain Site Features, you may be asked for, or you may choose to provide, certain personally identifiable information (“PII”), such as your name, email address, mailing address, phone number and similar information. We will not collect PII from you while you use the Site Features unless you voluntarily provide it to us or authorize us to collect such information. When you complete a registration form to create a User Account, we require you to provide us with relevant PII.
- Cookies: Like many websites, we employ the use of “cookies” in certain areas of our Site to allow us to provide information that is targeted to your interests and make your online experience more convenient (for instance, by reducing the number of times you have to re-enter your password). Cookies are small bits of electronic information that a website sends to a visitor’s browser and are stored on your hard drive. We do not receive or record any personal information in the cookies we use and are never tied to anything that could be used to identify you. Although most web browsers automatically accept cookies, you may choose to change your browser to block cookies that or to notify you when you are sent a cookie. Most cookies are “session cookies,” meaning that they are automatically deleted at the end of a session and you are always free to decline our cookies if your browser permits. You can still use the Site if your browser is set to reject cookies.
- Log Information: Our servers automatically track certain information about you as you use our Site. This information may include the URL that you just came from, which URL you go to next, what browser you are using, and your IP address. Our site logs do generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our Site. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others, but the statistics contain no personal information and cannot be used to gather such information.
- Usage Activity: When you use the Site Features we may track your usage history, including search history and the particular content you viewed. This usage history will be used for your convenience, so that you can easily access past searches and content of interest.
- 2. Sharing of Information
We may use personal information that you provide to us to personalize your profile information, maintain, customize and add new resources and services, and allow communication and interaction between you and TWANG, and between TWANG and its operating personnel. In addition, we will share the personal information we collect from you under the following circumstances:
- Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of TWANG’s assets, user information, including personal information collected from you through your use of the Site Features, could be included in the transferred assets. Visitors to the Site will be notified via a prominent notice on the Site for thirty (30) days prior to a change of ownership or control of user information held by us.
In addition, we may share with third parties user information in the form of aggregated non-personal information. This non-identifying information may include, for example, the patterns, trends, preferences, and other collective characteristics of our users. Disclosure of this information serves to help us and our marketing partners evaluate and tailor our communications, advertisements, services and general business practices to the needs of users of the Site Features.
- 3. Control of Your Information
You may request us to correct, update or delete any of the information we have collected from you by sending an email to us at Webmaster@twang.com and we will attempt to fulfill your request. We may choose not to fulfill any request that we determine is unreasonable, unduly burdensome or impractical or that constitutes a threat to the privacy or rights of others.
- 4. Security
The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to TWANG employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site Features. All TWANG personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Site Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.
- 5. Minor’s Privacy
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. We do not collect personal indentifying information from any person we actually know is a minor under the age of 18.
- 6. Notification of Changes
- 7. Mediation
- 8. Questions? Contact Us
- 9. Terms of Service