Three In One Concepts, Inc.
This site is operated by Three In One Concepts, Inc. (hereinafter referred to as “TIOC.”) TIOC hereby provides access to the information, data and materials of this site and other sites (hereinafter collectively referred to as “Content”) subject to the terms and conditions herein. You are permitted to visit and use this site subject to your agreement to and compliance with the terms hereof.
2. Proprietary Rights
2.1 The Content provided on this site, including, but not limited to the text, graphics, logos and images is the exclusive property of and proprietary to TIOC and applicable third parties who have granted TIOC the right and/or license to use such and is protected by the United States and international laws.
2.2 Three in One Concepts, Inc. and all other applicable marks/logos, are trademarks and/or service marks of TIOC and trademarks and/or service marks under license to TIOC.
2.3 All names, products and services (other than those of TIOC) mentioned herein are trademarks/service marks/domains (registered or otherwise) of applicable third parties.
2.4 Except as expressly permitted under applicable local law, and international copyright, trademark and other intellectual property law, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform or distribute or otherwise use the Content provided on this site in any way for any public or commercial purposes without prior written authorization by TIOC.
3. Conditions Of Access/Use
3.1 As a condition of your access and use of this site, you warrant to TIOC that you will not access and use this site for any unlawful purpose.
3.2 You agree to comply with all applicable laws, regulations and rules, including without limitation, tax laws, custom duties, import/export controls, and you agree that you are solely responsible for all acts or omissions associated with your access and use of this site.
3.3 You agree to comply with all applicable laws regarding the transmission of technical data exported from or to the country in which you reside or in which you are currently present.
3.4 You agree to abide by all the proprietary notices contained in the Content of this site and retain such notices in any copy thereof, in whole or in part.
3.5 You agree not to use any software or device to interfere or attempt to interfere with the proper functioning of this site, or any other sites access through this site.
4. Non-Exclusive Revocable License
Access and use of this site are subject to a limited, non-exclusive, and revocable license from TIOC, which is subject to suspension, cancellation, transfer or modification at any time pursuant to the policies of TIOC then in effect.
5. Affiliates/Alliances/Partners And Other Third Parties
5.1 Each member corporation of the TIOC is independent of each other and exercises no control nor assumes any responsibility for the conduct or activities of another.
5.2 Any parties identified on this site as alliance or partners of TIOC are independent of TIOC. TIOC exercises no control and assumes no responsibility for their conduct or activities.
5.3 Advertisers or other Internet sites linked to this site, are not associated/affiliated with TIOC and are not within TIOC's control. TIOC assumes no obligation or liability for the acts or omission of those sites whatsoever.
5.4 Any dealings with any parties other than TIOC present on this site or participating in promotions through this site are solely between you and such parties. TIOC shall not be responsible for nor have any connection with, any part of any such dealings or promotions, including, but not limited to the delivery, terms and conditions, warranties or representations, and other rights or responsibilities associated therewith.
5.5 TIOC is not a party to any disputes between you and any parties other than TIOC. You agree to resolve all such disputes solely with such parties without involving TIOC.
6.1 Any software downloaded from this site is subject to the applicable license terms for the use of the software.
6.2 Some software that may be downloaded from this site may be subject to government control or other restrictions. By visiting and using this site, you acknowledge these restrictions and agree to be subject thereto and to comply therewith.
7. Service/Product Availability
This site may contain references or cross references to products and services that are not announced or available to you. Such references, if any, shall not imply that any party intends to announce such products or services to you. You should consult the business representatives of the sponsors for information regarding the products and services that may be available to you.
In the event you access and use this site on behalf of another person or entity, you nevertheless accept liability for wrongful use of this site.
10.1 You are permitted to communicate through or to this site (hereinafter referred to as “Communications”) to this site, provided such Communications shall not be untrue, unlawful, harmful, threatening, abusive, malicious, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of privacy, infringing of intellectual property rights, or racially, ethically or otherwise objectionable.
10.2 You shall take full responsibility for any Communications you send to or through this site, and you shall hold TIOC, its parents, subsidiaries, affiliates, officers, directors and employees harmless from any liabilities incurred as a result of or in connection with your Communications.
10.3 Unless otherwise agreed upon in writing, any Communication transmitted or posted to or through this site shall be considered non-confidential and non-proprietary. By sending such Communications you grant TIOC an unrestricted and irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such, and you agree that TIOC is free to copy, distribute, incorporate and otherwise use any data, images, sounds, text ideas, concepts, know-how, techniques or otherwise that you send to this site for any commercial or non-commercial purpose without limitation and without attribution or compensation to you.
10.4 TIOC may but shall have no obligation to monitor, limit or restrict or retain or forward the content of any Communications in TIOC's sole discretion.
10.5 TIOC reserves the right at all times to review, retain, extract and/or disclose any Communication as necessary to satisfy any applicable law, regulation, legal process or governmental request. By doing such, however, TIOC does not, either expressly or impliedly, endorse, affirm or in any manner assume any responsibility for such Communications.
11. Ownership of Data
TIOC is the sole owner of all rights, title and interests to and in this site, the database and compilation thereof, and the derivative data generated therefrom.
12. System Performance
The availability of this site, the response time, or other performance of this site is not guaranteed at any level or for any period of time. TIOC reserves the right, in its sole discretion, to temporarily or permanently filter or block the sources of large volume of electronic messages.
Any notices from TIOC to you shall be deemed given if sent by email.
14. General Disclaimer and Disclaimer Of Warranty
14.1 This site and the Content provided on this site may be subject to technical inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice. The accuracy, completeness, security and proper functioning of this site are not guaranteed.
14.2 TIOC does not warrant that this site and its linked sites are free of such items as viruses, worms, Trojan horses or other items of a destructive nature. It is your responsibility to take precautions related thereto.
14.3 NO OFFER OR SOLICITATION IS MADE BY TIOC HEREIN AND NONE MAY BE INFERRED.
14.4 THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS”. NO WARRANTIES OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED HEREBY NOR CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
15. Limitation Of Liability
IN NO EVENT SHALL TIOC'S OR ITS THIRD PARTY VENDORS BE LIABLE TO YOU FOR ANY DIRECT (EXCEEDING US$1,000.00), INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TANGIBLE OR INTANGIBLE DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, LOSS AND DAMAGES RESULTED FROM INTERCEPTION OF THIS SITE BY THIRD PARTIES OR FROM LEAVING THIS SITE VIA A LINKED SITE, OR RESULTED FROM ANY CLAIM BY ANY OTHER PARTY; EVEN IF COMPANIES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
By accessing or using this site, you agree to indemnify and hold harmless TIOC from any loss, damages, including without limitation, direct, indirect, punitive, tangible or intangible, incidental, special or consequential damages, and expenses, including but not limited to, attorneys’ fees, arising or resulting from or in any way connected with your access and/or use of this site.
17. No Assignment
Your rights and obligations provided hereunder are not assignable. Any attempted or actual assignment thereof by you shall be null and void unless expressly consented to in writing by TIOC.
18. Governing Law
18.1 Access and use of this site shall be governed by any applicable local and international law.
18.2 The United Nations Convention on Contracts for the International Sale of Goods does not apply hereto.
Any controversy or claim relating hereto shall be resolved exclusively by final and binding arbitration under the rules of the International Chamber of Commerce ("ICC"). The language of the arbitration shall be in English only. Judgment upon the arbitration award may be entered in any court having jurisdiction.
You consent to the jurisdiction of the courts of California, US having jurisdiction with respect to the enforcement of the arbitration provisions hereof or any arbitration award or entry of judgment arising therefrom and you waive any claim of lack of jurisdiction, improper venue or inconvenient forum.
21. Superseding Construction and Severability
21.1 Each provision provided herein shall be independently enforceable in accordance with its terms.
21.2 Should any provision(s) provided herein be determined to be invalid or unenforceable pursuant to applicable law, a valid and enforceable construction that is most close to the original commercial intent thereof shall be given to and supercede such provision(s), and the balance hereof shall remain in effect.
22. Survival Of Rights and Remedies
22.1 The rights and remedies of TIOC hereunder shall be cumulative and may be exercised concurrently or consecutively at TIOC's option, in addition to the rights and remedies available to TIOC at law and in equity, and shall survive the termination of your access and use of this site.
22.2 All rights and remedies not expressly provided herein are hereby reserved by the TIOC.
23. Revision And Amendment
23.1 No modification or amendment of any provision provided herein shall be valid unless the same is in writing and signed by TIOC.
23.2 TIOC reserves right to revise or amend this Legal Notice at any time.
24. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS INTERNET SITE, AND ARE NOT RELYING OPON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.
25. Entire Agreement
By access and use this site, you agree that the terms and conditions contained in the Notice represent the entire understanding between TIOC and you with respect to your access and use of this Company web site, and supersede any prior or contemporaneous, conflicting or additional understanding or communications, except as otherwise agreed upon in writing between you and TIOC.