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Privacy Policy
Your privacy is
very important to us. We want to make your experience with our
products and services positive and rewarding. We value and protect
your personal information. This privacy policy will describe how we
collect and protect information provided by all purchasers and
subscribers (“Members”) of our products and services.
TerraCuro collects
information in different ways from visitors and Members who purchase
our Software & Information Products and who access our web services via the
Internet. During registration and checkout, Members are asked to provide
certain personal information when they sign up for our products and
services, including name, address, telephone, email address and
billing information, such as your PayPal account or credit card
numbers. The personal information collected from Members during the
registration process is used to manage each Member’s account. This
information will be kept confidential and will not be shared with
any outside parties. We do not keep any such information or records
on unprotected Internet computer servers.
We will use your
email address or mailing address only for our own account management purposes
and to send you
occasional TerraCuro product or service offers, or to provide you with updates
to products and services previously purchased. At any time, you may
“opt-out” or “opt-in” to be removed or be included in our contact
list for such additional product or service offerings. We will start or stop the offerings within
seven (7) days of your desired choice, as indicated.
Terms
of Use Agreement
TerraCuro
Software, website usage and electronic materials (herein after
called "Information
Products") and contents are provided to users and LICENSEE's
under a Terms of Use Agreement and Privacy Policy. Information
Products are for LICENSEE’s sole & proprietary use. The
reproduction, republication or resale of these Information Products
is prohibited. Publisher will enforce its rights under US
Copyright Law and the Terms of Use Agreement already in effect and
previously agreed to by LICENSEE.
TerraCuro
provides Information Products for informational purposes for the
convenience and benefit of LICENSEE customers. The information is
provided “as is” without any express or implied warranty of any
kind, including warranties of merchantability, title,
noninfringement, or fitness for any particular purpose. TerraCuro
shall have no responsibility or liability for the use or the
consequences thereof. Duplication of all or any part of this
information is prohibited.
Information Products are NOT FOR CONSTRUCTION purposes and TerraCuro
is not liable whatsoever for any use of Information Products applied
directly for construction purposes.
IMPORTANT. THESE
TERMS OF SERVICE (TOS) GOVERN YOUR USE OF INFORMATION PRODUCTS,
WHICH ARE PROVIDED BY OUR COMPANY. BY THE PURCHASE AND USE OF
INFORMATION PRODUCTS, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND
ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO
CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. SUCH CHANGES
MAY BE SENT TO YOU BY EMAIL OR THEY MAY BE PUBLISHED ON OUR WEBSITE
AT WWW.TERRACURO.COM. YOUR USE OF INFORMATION PRODUCTS AFTER SUCH
CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND
ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS REGULARLY AT
WWW.TERRACURO.COM.
Access To
Information Products and Website.
To access the
licensed-for-use information in Information Products and supporting
website for resources that they have to offer, you may be asked to
provide certain basic registration and details or other
information. It is a condition of your use of Information Products
and the supporting website that all the personal contact and
registration information you provide to TerraCuro for purchase and
use of information will be correct, current and complete. If
TerraCuro believes the information you provide is not correct,
current, or complete, we have the right to cancel the use license
and refuse you access to the supporting website or any of its
resources, and to terminate your access at any time, without notice.
Restrictions On Use
You may use
Information Products and the supporting website for purposes
expressly permitted. You may not use Information Products or
website for any other purposes, including any commercial purpose,
without TerraCuro’s express prior written consent. For example, you
may not (and may not authorize any other party to) (i) forward any
part of the original or copy of all or part of Information Products
to other persons or organizations, or (ii) co-brand Information
Products or website, or (iii) electronically publish Information
Products or link on a website, or (iv) frame the website. For
purposes of these Terms of Use, co-branding means to display a name,
logo, trademark, or other means of attribution or identification of
any party in such a manner as is reasonably likely to give a user
the impression that such other party has the right to display,
publish, or distribute Information Products or content. You agree
to cooperate with TerraCuro in causing any unauthorized co-branding,
republishing of contents or website framing to immediately cease.
Information
Products and contents may not be copied, distributed, republished,
uploaded, posted, or transmitted in any way without the prior
written consent of TerraCuro, except that you may print out a copy
of Information Products and content solely for your personal use.
In doing so, you may not remove or alter, or cause to be removed or
altered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the content.
Modification or use of the content except as expressly provided in
these Terms of Use violates our company property rights. Neither
title nor intellectual property right are transferred to you by
purchase of Information Products or access to the website
www.terracuro.com.
Disclaimer
You understand that
TerraCuro cannot and does not guarantee or warrant that files
available for downloading from the Internet, or sent via email, will
be free of viruses, worms, Trojans or other code that may manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of electronic data transfers,
and for maintaining an external means to backup and reconstruct any
lost data. TerraCuro does not assume any responsibility or risk for
your use of the Internet or email to purchase or use our products.
The
Information
Products
content is
presented “as is” and may not be necessarily complete and up-to-date
and should not be used to replace any written reports, statements,
or notices provided by either TerraCuro or from other manufacturers
directly.
Investors, borrowers, and other persons should use the content in
the same manner as any other educational medium and should not rely
on the content of Information Products to the exclusion of their own
professional judgment. Information obtained by using Information
Products and supporting website is not exhaustive and does not cover
all issues, topics, or facts that may be relevant to your goals.
Your use of
Information Products and supporting website is at your own risk.
The content is provided “as is” and without warranties of any kind,
either expressed or implied. TerraCuro disclaims all warranties,
including any implied warranties of merchantability, fitness for a
particular purpose, title, or non-infringement. Our company does
not warrant that the content contained in Information Products will
be error free or that defects will be corrected. TerraCuro does not
warrant or make any representation regarding use, or the result of
use, of the content in terms of accuracy, reliability, or
otherwise. Information Products content may include technical
inaccuracies or typographical errors, and TerraCuro may make changes
or improvements at any time. TerraCuro makes no warranties that
your use of the content will not infringe the rights of others and
assumes no liability or responsibility for errors or omissions in
such content.
All of the
information in Information Products and supporting website, whether
historical in nature of forward-looking, speaks only as of the date
the information is published and TerraCuro does not undertake any
obligation to update such information after it is published or
posted or to remove such information from Information Products or
website if it is not, or is no longer, accurate or complete.
Limitation On
Liability
TerraCuro, its
subsidiaries, affiliates, licensors, service providers, content
providers, employees, agents, officers, and directors will not be
liable for any incidental, direct, indirect, punitive, actual,
consequential, special, exemplary, or other damages, including loss
of revenue or income, or similar damages, even if the company has
been advised of the possibility of such damages. In no event will
the collective liability of the company and its subsidiaries,
affiliates, licensors, service providers, content providers,
employees, agents, officers, and directors, to any party (regardless
of the form of action, whether in contract, tort, or otherwise)
exceed the greater of $50 or the amount you have paid to the company
for the applicable content, product or service out of which
liability arose.
Indemnity
You will indemnify
and hold TerraCuro, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers,
directors, and contractors (hereinafter known as Indemnified
Parties) harmless from any breach of these Terms of Use by you,
including any use of content other than as expressly authorized in
these Terms of Use. You agree that the Indemnified Parties will
have no liability in connection with any such breach or unauthorized
use, and you agree to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorneys fees of the
Indemnified Parties in connection therewith. You will also
indemnify and hold the Indemnified Parties harmless from and against
any claims brought by third parties arising out of your use of the
information accessed in Information Products or website.
Trademarks
Trademarks, service
marks, and logos appearing in Information Products and on the
supporting website are the property of TerraCuro or the party that
provided the trademarks, service marks, and logos to TerraCuro.
TerraCuro and any party that provided trademarks, service marks and
logos to TerraCuro retain all rights with respect to any of their
respective trademarks, service marks and logos appearing in
Information Products or supporting website.
Miscellaneous
The Terms of Use
will be governed and interpreted pursuant to the laws of Texas,
United States of America, notwithstanding and principles of
conflicts of law. You specifically consent to personal jurisdiction
in Texas in connection with any dispute between you and TerraCuro
arising out of these Terms of Use or pertaining to the subject
matter hereof. The parties to these Terms of Use each agree that
the exclusive venue for any dispute between the parties arising out
of these Terms of Use or pertaining to the subject matter of these
Terms of Use will be in the state and federal courts of Houston,
Texas. If any parts of these Terms of Use is unlawful, void or
unenforceable, that part will be deemed severable and will not
affect the validity and enforceability of any remaining provisions.
These Terms of Use constitute the entire agreement among the parties
relating to this subject matter. TerraCuro may revise these Terms
of Use at any time by updating this posting on www.terracuro.com.
Copyright © 2007-2008 by
TerraCuro Software, LLC.
All rights
reserved. No part of Information Products or printed material
thereof, may be reproduced or transmitted in any form or by any
means, electronic or physical, including photocopy, fax, scan,
printer, data storage device or by any other information storage and
retrieval system, without the prior written consent of TerraCuro,
LLC covering each instance.
Copyright ©
2007-2008 by TerraCuro Software, LLC. All Rights Reserved
526 Kingwood
Drive, Bldg. 259
Houston (Kingwood), TX 77339
www.terracuro.com
support@terracuro.com
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