Your access to this website (the "Site"), Content (as defined below), and/or the applications and services provided by Tinaman Design, including its subsidiaries and affiliates in connection with this Site (collectively, the "Tinman Design Products and Services") is made possible through a license between Tinman Design and you, your employer, or some other company you represent (the "License Company").
Content, Message Boards, and Ownership
Limitations on Your Use of the Tinman Design Products and Services and Content
Tinman Design may be subject to fees from various service providers based on script actions with their respective application programming interfaces. Tinman Design reserves the right to modify its billing terms, including payment and deposit requirements, at any time, and such modified billing terms will be reflected in an updated version of such terms posted on or linked from a Tinman Design website or by e-mail notification to you. If you do not consent to such modified terms, you may renegotiate or terminate the program and the associated program terms at any time by providing written notice to Tinman Design within thirty (30) days of such notice.
Your access to, and use of, the Tinman Design Products and Services may give you access to information that is confidential to Tinman Design ("Confidential Information"). Confidential Information includes any information that is clearly identified as confidential, and any written or oral information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. Such Confidential Information includes, but is not limited to, product proposals, technological processes, product forecasts, trade secrets, pre-publication patent applications, product designs, pricing information, software designs, hardware or system designs, technology specifications, source code, object code, graphic designs, report templates, proprietary financial information, systems architecture, and systems functionalities. Confidential Information also includes all copies, summaries and extracts of any Confidential Information. Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of yours; (ii) was rightfully in your possession prior to the disclosure and had not been obtained by you either directly or indirectly from the Tinman Design; (iii) is rightfully disclosed to you by a third party without restriction on disclosure; (iv) is independently developed by you without use of or reference to Tinman Design's Confidential Information. You agree to use commercially reasonable care (but in no case less care than it uses to protect its own Confidential Information) to prevent the disclosure of the Confidential Information to any third party. You may disclose Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, that you first have given sufficient and prompt written notice to Tinman Design of the receipt of any subpoena or other request for such disclosure and have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.
The Tinman Design Products and Services are not available to competitors of Tinman Design, and competitors of Tinman Design are hereby expressly prohibited from using or accessing the Tinman Design Products and Services, whether or not authorized by License Company. Furthermore, by entering the Site, you are certifying that you are not a competitor of Tinman Design and that you will not share or otherwise disclose the Tinman Design Products and Services or Content with a competitor of Tinman Design. You further agree that you will not in the future engage in competitive business with Tinman Design.
Limitations on Liability
Tinman Design WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE Tinman Design PRODUCTS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Tinman Design HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer of Warranties
Your access to and use of the Tinman Design Products and Services is at your own risk. Tinman Design will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Tinman Design Products and Services. Tinman Design does not guarantee the accuracy or validity of any Content. Tinman Design is not responsible for any Content disseminated through the message boards. THE Tinman Design PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Tinman Design EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
Tinman Design MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, CONTENT OR ANY PAY-PER-CLICK WEBSITE OR INTERFACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Tinman Design MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE Tinman Design PRODUCTS AND SERVICES.
YOU UNDERSTAND AND AGREE THAT Tinman Design IS NOT RESPONSIBLE FOR THE FUNCTIONALITY OF SEARCH ENGINE PAY-PER-CLICK WEB SITES OR INTERFACES AND THAT, WHILE Tinman Design SEARCH ENGINE MANAGEMENT SERVICES WILL SUBMIT CHANGES TO CERTAIN SEARCH ENGINES ON YOUR BEHALF, Tinman Design CANNOT GUARANTEE THAT A SEARCH ENGINE WILL MAKE THOSE SUBMITTED CHANGES IN A TIMELY MANNER, OR AT ALL.
Controlling Law and Jurisdiction
Copyright 1990-. Tinman Design Systems Incorporated. Tinman Design and the Tinman Design logo, Opus Site Manager, HIM Manager, eExpense Manager are either registered trademarks or trademarks of Tinman Design in the United States and/or other countries. All rights are reserved.
U.S. GOVERNMENT RESTRICTED RIGHTS: If Tinman Design products and services (including OnDemand Services and OnPremise Software), related documentation or technical data is used or accessed by or on behalf of the U.S. Government, such use or access is subject to the following restrictions: The products and services, related documentation and technical data are "commercial computer software" and "commercial technical data" respectively pursuant to the applicable FAR (Part 12) and/or DFAR (for Department of Defense transactions, Part 227). The use, reproduction, duplication, disclosure, modification, and adaptation shall be subject to the restrictions and license terms set forth in the applicable Tinman Design license agreement and, to the extent applicable, the additional rights set forth in FAR 52.227-19, Commercial Computer Software License (December 2007).