Terms and Conditions

1. INTRODUCTION.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. INTELLECTUAL PROPERTY RIGHTS.

Other than content you own, which you may have opted to include on this Website, under these Terms, Tach-It and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

3. RESTRICTIONS.

You are expressly and emphatically restricted from all of the following:

1.publishing any Website material in any media;

2.selling, sublicensing and/or otherwise commercializing any Website material;

3.publicly performing and/or showing any Website material;

4.using this Website in any way that is, or may be, damaging to this Website;

5.using this Website in any way that impacts user access to this Website;

6.using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

7.engaging in any data mining, data harvesting, data extracting or any other similar activity in

relation to this Website, or while using this Website;

8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Tach-It may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. YOUR CONTENT.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Tach-It a non-exclusive,worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Tach-It reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. NO WARRANTIES.

This Website is provided “as is,” with all faults, and Tach-It makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. LIMITATION OF LIABILITY.

In no event shall Tach-It, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Tach-It, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. INDEMNIFICATION.

You hereby indemnify to the fullest extent Tach-It from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. SEVERABILITY.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. VARIATION OF TERMS.

Tach-It is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. ASSIGNMENT.

Tach-It shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. ENTIRE AGREEMENT.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Tach-It and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. GOVERNING LAW & JURISDICTION.

These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, and you submit to the non-exclusive jurisdiction of the state and federal courts located in New Jersey for the resolution of any disputes.

Linking Agreement

Ben Clements & Sons, Inc. / Clements Industries, Inc. (“CLEMENTS”) welcomes links to its website, www.tach-it.com, (or any web sites, URL’s or web site links owned/controlled by CLEMENTS) (collectively known as the ‘Web Site”), provided, however, that you are only permitted to link to the Web Site if you agree to the conditions described below (the “Linking Conditions”).  In the event you establish a link to the Web Site, you will be deemed to have read, understood and agreed to the terms of this Agreement and the Linking Conditions as set forth below.

 

You may link only to the homepage of the Web Site.  Links to other pages of the Web Site may only be established after obtaining CLEMENTS’ written permission.  Nothing in this agreement shall grant to you any rights in the tach-it.com site or any other intellectual property of CLEMENTS or any of its affiliates, other than as expressly set forth herein.

 

CLEMENTS grants you a limited, non-exclusive, non-transferable, royalty-free license to use the TACH-IT service mark and Internet icon(s), if available, (the “Licensed Marks”) for the sole purpose of serving as a link from your website to the Web Site.  Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of CLEMENTS’ trademarks or service marks (collectively, the “Marks”) for any reason without CLEMENTS’ prior written permission.

 

You acknowledge the validity of the Marks and further acknowledge that all rights to the Marks, the content appearing on the Web Site and the look and feel of the Web Site belong to CLEMENTS and/or its third party licensors.  You will not directly or indirectly contest or infringe these rights.  Nor may your web site:

 

  • create frames around the Web Site or otherwise alter the visual presentation of the Web Site;
  • imply that CLEMENTS is endorsing you or your products and services;
  • imply an affiliation between you and CLEMENTS without prior written consent by CLEMENTS;
  • present false or misleading impressions about CLEMENTS’ products and/or services;
  • use the Web Site or links to the Web Site to promote any third party products;
  • contain materials that my be interpreted as distasteful or offensive;

 

CLEMENTS grants this right to link for convenience only and no partnership or endorsement relationship is intended or formed thereby.  CLEMENTS shall have no responsibility or liability for any content appearing on your web site.

 

CLEMENTS may, at any time, in its sole discretion and without notice, terminate your license to use the Licensed Marks and your right to link to the Web Site.  If CLEMENTS exercises this right, you must immediately remove all links to the Web Site and cease using the Licensed Marks.

 

CLEMENTS may amend these Linking Conditions at any time.  You agree to abide by these Linking Conditions and other terms and conditions on the Web Site as amended from time to time.  This Linking Agreement and other terms and conditions related to the use of the Web Site will be construed according to the laws of the state of New York, United States, without regard to its conflict of law provisions.  By using this Web Site you consent to the exclusive personal jurisdiction and venue of courts located in the state of New York, United States, regarding all disputes related to the Web Site or this Agreement.