Terms and Conditions of Web Site Use
Welcome to the TERA CORE LLC (“TERA, LLC”) Web Site. TERA, LLC provides its products to you subject to the following Terms and Conditions.
PLEASE READ THIS AGREEMENT CAREFULLY. THROUGH YOUR CONTINUED USE OF THIS WEBSITE (the “Site”), YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS USER AGREEMENT BEFORE YOU MAY USE THE WEBSITE. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.
TERA, LLC reserves the right to revise these Terms and Conditions at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so please visit this page from time to time.
1. NONEXCLUSIVE LICENSE
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the content provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of TERA, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including drawings, images, text, page layout, or form) of TERA, LLC without our express written consent. You may not use any meta tags or any other "hidden text" utilizing TERA, LLC's name, logo or trademarks without the express written consent of TERA, LLC. Any unauthorized use terminates the following license granted by TERA, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TERA, LLC.com so long as the link does not portray TERA, LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TERA, LLC logo or other proprietary graphic or trademark as part of the link without the express written permission of TERA, LLC.
2. PROHIBITED USES
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any TERA, LLC employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
3. USAGE AND MONITORING
TERA, LLC reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion. While TERA, LLC has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, TERA, LLC reserves the right to delete and take other appropriate action with respect to such messages, information or files with which TERA, LLC, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions. TERA, LLC further reserves the right, in its sole discretion and without notice, to deny access to the Site to anyone at any time.
5. COPYRIGHT OWNERSHIP
All content included on this site, including but not limited to drawings, text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of TERA, LLC or its content and product suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. TERA, LLC, its content and product suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
6. TRADEMARK OWNERSHIP
TERA, LLC, Teramune and the related marks and logos are trademarks and/or service marks of TERA, LLC and are protected by United States and international trademark law. They may not be used without the written permission from TERA, LLC and all rights are reserved. All other trademarks and servicemarks are the intellectual property of their respective owners.
7. WEB LINKING
Links may appear on the Site that may be used to link to other web sites. These links are provided as a courtesy to our visitors. TERA, LLC has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. TERA, LLC is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. TERA, LLC reserves the right to terminate any link at any time.
8. POSTINGS AND COMMUNITIES
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in the Site, its forum services, blogs, web communities and other messaging and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, TERA, LLC. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Site, TERA, LLC to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, TERA, LLC the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, TERA, LLC reserves the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement, please contact us immediately. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
9. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, the Site may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
All items purchased from TERA, LLC are made pursuant to our Terms and Conditions of Order which apply to all orders and can be found at our Site located at www.teramune.com.
11. DISCLAIMER AND LIMITATION OF DAMAGES
(a) TERA, LLC is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the Site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, TERA, LLC makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will TERA, LLC, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
ADDITIONALLY, PLEASE UNDERSTAND THAT PET PRODUCTS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ITS PRODUCTS AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THEY ARE DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY PET PRODUCTS WITH RESPECT TO ITS PRODUCTS. IN NO EVENT WILL PET PRODUCTS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ITS PRODUCTS, EVEN IF PET PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF PET PRODUCTS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) Any statements and opinions appearing on the Site are those of its authors, and TERA, LLC assumes no responsibility for such statements and opinions. Neither TERA, LLC nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. While TERA, LLC makes reasonable efforts to present accurate and reliable information on the Site, TERA, LLC does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by TERA, LLC. Please use caution and common sense in making use of any information on the Site or any other resources on the Internet.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) Although we do not share or sell customer profile information including email addresses gathered on the Site with outside organizations, we make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
(e) By viewing this Site, you acknowledge that TERA, LLC respects the rights (including the intellectual property rights) of others, and we ask our customers to do the same.
You agree to indemnify and hold TERA, LLC and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, due to or arising out of your use of the Site, violation of these Terms and Conditions, violation of the Terms and Conditions of Order or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
13. APPLICABLE LAWS
TERA, LLC operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject TERA, LLC to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or condition. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in San Diego, California. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to TERA, LLC or any of its officers, employees, agents or representatives, such as where notice to TERA, LLC is required by contract, or any federal, state or local laws, rules or regulations.