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Subject to this Agreement, Tekk Fusion grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use web site for internal use only in accordance with this Agreement. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, make derivative works, reverse engineer, publish, republish, distribute, or redistribute web site or the material on Web Site (in any form or media) without Tekk Fusion’s prior express written consent. This Agreement also governs any updates to, or supplements or replacements for, Web Site unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply. This license shall automatically terminate if you violate any of these restrictions and may be terminated by TEKK LLC, at any time. All rights not expressly granted in this Agreement are reserved by Tekk Fusion.
All intellectual property to Web Site, including all Web Site material, is protected by copyright, trademark, or patent laws, and is owned exclusively by Tekk Fusion. Intellectual property includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content that may be found on or in the Web Site. The copyrights and other intellectual property in the content of Web Site are owned by Tekk Fusion and/or others. All rights not expressly granted in this Agreement are reserved by Tekk Fusion.
Tekk Fusion is not a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and, as such, Tekk Fusion’s liability for defamation and other claims arising out of any postings to web site by third parties is limited as described therein. Tekk Fusion is not responsible for content or any other information posted to web site by third parties. Tekk Fusion neither warrants the accuracy of such postings nor exercises any editorial control over such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Tekk Fusion is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, this web site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this web site. All notices should be addressed to the contact person specified below (Tekk Fusion’s agent for notice of claimed infringement):
189 S. Orange Ave. #1530-A
Orlando, FL 32801
E-mail Address: firstname.lastname@example.org
Telephone: 407-442-0262 x1000
You may contact Tekk Fusion’s agent (as specified above) with complaints regarding allegedly infringing posted material and Tekk Fusion will investigate those complaints. If the posted material is believed in good faith by Tekk Fusion to violate any applicable law, Tekk Fusion will remove or disable access to any such material and Tekk Fusion will notify the posting party that the material has been blocked or removed.
In notifying Tekk Fusion of the alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of the claimed infringement; (ii) description of the infringing material and information sufficient to permit Tekk Fusion to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of processing of your complaint.
You agree to indemnify and hold harmless Tekk Fusion, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing Web Site, from all claims or causes of actions, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of Web Site, violation of this Agreement, or violations of any rights of a third party, or any allegation hereof. Tekk Fusion reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate in asserting any available defenses.
If any of the terms of this Agreement is deemed invalid, void, or for any reason unenforceable, those terms will be deemed severable and will not affect the validity or enforceability of any remaining terms. Failure of Tekk Fusion to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision in that instance.
THE SERVICES, CONTENT, AND/OR PRODUCTS ON WEB SITE ARE PROVIDED “AS-IS,” AND TEKK FUSION DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. TEKK FUSION SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS WEB SITE, SERVICES AND/OR CONTENT ACQUIRED FROM THIS WEB SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. TEKK FUSION DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY WEB SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL TEKK FUSION BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH WEB SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF TEKK FUSION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement is governed by the laws of the State of Florida, United States of America, without regard to Florida’s conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of the state courts in Orange County, Florida, United States of America and the federal courts in the United States District Court for the Middle District of Florida, Florida, United States of America, for purposes of any legal action arising out of or related to the use of the Web Site or this Agreement that are not arbitrated under this Agreement. The application of the United Nations Convention of Contracts for the Sale of Goods is expressly excluded.
Web Site is intended for use only from within the United States. Tekk Fusion does not represent that Web Site is appropriate for use elsewhere. Access to this Web Site from locations where its contents are illegal is not authorized.
Any personal information Tekk Fusion may collect from this Web Site will be stored and processed in Tekk Fusion and/or vendor servers that are located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
Tekk Fusion shall not be liable for damages for any delay or failure of delivery arising out of causes beyond Tekk Fusion’s reasonable control and without Tekk Fusion’s fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.