Techson Terms of Service

Terms of Service

Welcome to Techson IP. We offer you web sites, services and content through Techson IP and Limestone (“Services”) on the condition that you agree to the following terms.

BY USING, SUBSCRIBING, OR REGISTERING FOR SERVICES, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO THE FOLLOWING TERMS (the “AGREEMENT” or “TERMS OF USE”). Do not sign up or use Services if you do not agree to these Terms of Use.

About these Terms

These Terms of Use govern your use of Services, including all use, submissions and purchases that you make from the service. Services are provided by Techson IP, (“we” or “us” or “our”). In this Agreement, the term “you” means the person who (or the entity on whose behalf you are acting) is agreeing to these Terms of Use. We may change any term to this Agreement at any time after providing 14 days notice of such change. If you disagree with any changes to this Agreement, you must discontinue your use of Services before the changes take effect. Your ongoing use of Service after the changes take effect signifies your agreement to the new terms.

Changes to the Services

We may change or discontinue any offering or feature of Services at any time and without notice.

Registration

We will open an account for you when you sign up for Services. You must provide complete and accurate registration information, including (if applicable) accurate and up-to-date billing information. You agree to keep this information up-to-date. You represent and warrant that: (1) you have the full power, authority, and legal capacity to enter into the Agreement and follow its obligations, (2) if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company, and (3) all information that you provide is true, current, and correct.

Your Information

You consent to the information practices regarding your account and the choices that you can make about the use of your information as disclosed in the Privacy Policy.

Your Responsibilities

You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may not use Services, or any of its web sites, services, data, documents, information and content (collectively, “Content”) in any way that: (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; (2) is unlawful; (3) impersonates any person, business or entity, including our company and our employees and agents; (4) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or (5) violates this Agreement, guidelines or any policy posted on Techson IP. You may not give access to your account or disclose your password to others. You are responsible for keeping your account information, including all passwords, confidential.

License and Permitted Uses for SERVICES and Limestone Research Tool

If you are a subscriber of Services you agree that your username and password will not be disclosed to any unauthorized person. We may change your username and password at any time, provided that you are sent notice to your last known e-mail address. You agree to keep your access information confidential and to notify us of any violation of this Agreement. Services subscriptions sold to individual subscribers are for single users only. Services subscriptions sold to institutions (i.e., law firms, corporations and other business, charitable or government entities) are for use by the individuals within such institution designated as subscribers at the time the subscription is purchased.

Any and all content available in Services (which shall also be considered “Content” in addition to the manner in which it is defined elsewhere in these Terms of Use) shall not be reproduced, revealed, published, distributed, or otherwise made available in whole or in part to anyone else unless required by law.

We grant you a non-exclusive, non-transferable, limited license to access and use Services and the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold or assigned. You may download and temporarily store insubstantial portions of Content that you license to one personal computer storage device under your exclusive control. You may use such Content only to display internally for your individual research needs. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. Content can under no circumstance be distributed to others without our express written consent.

You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means, except as expressly permitted by this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not store or use the Content to create an archival or searchable database of the Content. You shall not sell, license or distribute the Content (including any printed version of the Content) to third parties. Except for the license granted in this Agreement, all rights, title and interest in Services and the Content therein, or generated by, are, and will continue to be, our exclusive property.

Fees and Payment

You agree to pay the applicable fees and charges for purchases that you make from Services. We will disclose your payment terms at the time you make a purchase of Services. All charges are nonrefundable. Requests for refunds may be submitted, along with explanations for why such requests are made, but agreement to such requests is at our sole discretion.

If you subscribe to any service that requires payment, you must give us accurate billing and payment information and keep this information up-to-date. Every time you use Services or otherwise access our Services, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your account made by you or anyone who uses your account, with or without your express authorization. We may, in our discretion, post charges to your designated payment method individually or may aggregate your charges with other purchases made through Services. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the specific terms of, and to pay for, any and all such purchases, and further constitutes your continued intent and agreement to be bound by the terms of this Agreement.

Refund Policy

Due to the type of the information being licensed, we unfortunately cannot accept returns of content once it has been delivered. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’. Requests for refund due to your or our error(s) or any extraneous circumstances will be fully reviewed, and granted or denied within a reasonable time period, at our sole discretion.

Billing Problems and Disputes

You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your banking institution. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you permanently waive the right to dispute such problems or discrepancies.

Disclaimer of Warranties

We provide Services “as is”, “with all faults” and “as available”. YOUR USE OF SERVICES IS AT YOUR OWN RISK. We make no express warranties or guarantees about Services or any of its Content or materials. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEB SITES, SERVICES, CONTENT AND MATERIALS ON TECHSON OR LIMESTONE WEBSITES (“SERVICES”) ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE, NON-INFRINGING or that the website, reports or the server(s) on which they are hosted are free of viruses, bugs or other harmful components. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

Every effort is made to assure that all information published is correct. However, Techson IP disclaims any liability for errors or omissions in the services and as a subscriber you assume the risk of possible errors or omissions. No legal advice whatsoever is intended or offered by Techson in making any of the Content available, and Techson disclaims any and all liability related to any decision or omission made by a party in reliance upon the Content.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF SERVICES AND SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, COMPUTER INFECTION, OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR SERVICES PURCHASE OR SERVICES AT ISSUE.

Termination

We may cancel or suspend your access to Services at any time, without cause and/or without notice. Your license to use Services will end once your service is terminated. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

Indemnification

Upon a request by us, you agree to indemnify, defend and hold harmless Techson IP and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms of Use; (2) any allegation that any Content or other material you have submitted or transmitted to us infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Contracting and Notices

Your affirmative act of making purchases or registering for Services constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the applicable web page of Techson. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.

In order to receive Notices electronically, you must continuously maintain the email address or web address which you have provided to us, a means of accessing those notices (by means of a computer, laptop, tablet, mobile device or otherwise) and be connected to an internet service provider with a connection to allow such notice. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted on, or in conjunction with, Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of Texas govern this contract and any legal dispute or legal claim that you allege against us, without regard to Texas conflict of laws rules. You further agree that any legal dispute or legal claim that you may allege against us will be resolved by a court located in Travis County, Texas, and you consent to personal and subject matter jurisdiction in such courts.