ACCEPTANCE OF TERMS

Welcome to TekTag. The Web pages available at www.tektag.com, and all linked pages ("Site"), are owned and operated by TekTag, and are accessed by you under the Terms of Use described below ("Terms of Use"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. TEKTAG'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY TEKTAG, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

MODIFICATIONS OF TERMS OF USE

TekTag reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, TekTag will post a notice of the change on its site. What constitutes a "material change" will be determined at TekTag's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

These Terms and Conditions of Use govern your use and access to the Site, and constitute a binding contract ("Agreement") by and between TekTag and you. Please read this Agreement carefully. By using this Site and/or causing the use of this Site through electronic or other means, you signify that you accept this Agreement and that you:

• acknowledge that TekTag specifically disclaims any liability, loss, damage or risk incurred as a consequence, directly or indirectly, of the Site;
  
  
• agree that your use of the Site is governed by this Agreement, as amended from time to time; and
  
  
• will only use the materials contained in or accessible through the Site for personal, noncommercial and informational purposes, or, if your use or access is professional in nature, pursuant to the terms and conditions of any separate license agreement between you or your employer and TekTag.

USER CONDUCT

You agree to abide by all applicable local, state, national and international laws, regulations, ordinances, bylaws and rules and are solely responsible for all acts or omissions that occur as a result of your use of or access to the Site, including, without limitation, the content of your transmissions through or to the Site. By way of example, and not as a limitation, you agree not to:

• to abuse, harass, threaten, impersonate or intimidate other TekTag users;
  
  
• to contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwisviolates any law or right of any third party; or for any illegal or unauthorized purpose.
  
  
• to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any TekTag user;
  
  
• to create or submit unwanted email ("Spam") to any other TekTag users or any URL;
  
  
• to violate any laws in your jurisdiction (including but not limited to copyright laws);
  
  
• With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
  
  
• Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

USER PRIVACY

TekTag's policy is to respect the privacy of users of the Site. TekTag's Privacy Policy is set forth and reviewable at the Privacy Policy posted at http://www.tektag.com/privacy. The Privacy Policy may be amended by TekTag from time to time in its sole discretion.

PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to data, text, analyses, software, music, sound, photographs, video, graphics or other material accessible to you by virtue of your use of the Site is protected by copyrights, trademarks, service marks, patents, trade secrets, data rights, publicity or privacy rights or other intellectual property rights and laws. Unless you are expressly authorized to do so, you shall not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way content available through the Site. You acknowledge that any information provided by or through TekTag is for informational purposes only and is not intended to constitute professional advice.

CONTENT PROVIDED BY USER

By posting or submitting content to the Site you automatically grant to TekTag the right to use, reproduce, display, perform, adapt, modify, distribute or promote the content in any form for any purpose. You further represent and warrant that you own or otherwise control all necessary rights to the content and that public posting and use of the content by TekTag will not infringe or violate the rights of any third party. You acknowledge and agree that you are responsible for all content posted or submitted by you.

ENDORSEMENTS

All trademarks, service marks and/or trade names that appear on the Site that are not TekTag marks are the trademarks of their owners. References to any names, marks, products or services of third parties do not constitute or imply endorsement, sponsorship or recommendation of the third party or the products or services.

SUSPENSION OR DENIAL OF ACCESS

TekTag may, without notice, suspend, disconnect, deny or restrict your access to any Site:

• during any technical failure of, or modification or maintenance to, the Site;
  
  
• if you use the Site in breach of this Agreement;
  
  
• if you do or fail to do anything which in TekTag's opinion may have the effect of jeopardizing the operation or integrity of the Site; and/or
  
  
• if you breach any license or other agreement between you and TekTag.

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

The Site may contain links to third party sites, resources and sponsors. Links to and from the Site to other third-party sites do not constitute an endorsement by TekTag of any third party sites, resources, sponsors or content, and TekTag shall not be responsible or liable, directly or indirectly, for any such sites, resources, sponsors or content. TekTag does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement or information is at your sole risk.

TekTag does not and cannot review all materials posted to the Site by users, and TekTag is not responsible for any such materials.

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED THERETHROUGH IS PROVIDED "AS IS." TEKTAG AND ITS PARTNERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR: (1) THE CONTENT CONTAINED IN THE SITE; (2) THE MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE; (3) ANY PRODUCTS OR SERVICES OF OR LINKS TO THIRD PARTIES; OR (4) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITES. TEKTAG AND ITS PARTNERS AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEKTAG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ON WHICH IT OPERATES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TEKTAG WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE) ARISING FROM THE SITE WHETHER OR NOT CAUSED BY ANY NEGLIGENT ACT OR OMISSION.

TekTag may offer members tools through which to transact business or otherwise interact with third parties, including individuals. Members must take appropriate precautions in providing information to such third parties or in otherwise interacting with such third parties. All contacts or interactions between you and such third parties are at your own risk, and TekTag shall have no liability for any such contacts or interactions.

INDEMNITY

You hereby agree to indemnify, defend and hold TekTag and all of its subsidiaries, affiliates, officers, directors, owners, agents, employees, information providers, partners, licensors and licensees (collectively "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties or covenants, including without limitation, attorneys fees and costs. You shall cooperate fully as reasonably required in the defense of any claim. TekTag reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without written consent of TekTag.

GOVERNING LAW AND FORUM

This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of the State of California, notwithstanding its choice of law rules. The Parties agree that any legal action or proceeding relating to this Agreement shall be filed in and heard by, and venue shall be proper in, the federal or state courts of the State of California, and the Parties voluntarily submit to the jurisdiction of those courts for such purposes.

INVALIDITY

If a provision of this Agreement or a right or remedy under it is invalid or unenforceable in a particular jurisdiction: (a) it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and (b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.

WAIVER

A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right. Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver. A waiver is only effective in the specific instance and for the specific purpose for which it is given.

CUMULATIVE RIGHTS

The rights and remedies of a party under this Agreement do not exclude any other right or remedy provided by law.

ENTIRE AGREEMENT

This Agreement is the entire agreement between you and TekTag with respect to the subject matter hereof. Any understanding, arrangement, representation or provision not expressly set out herein is not binding. All correspondence, negotiations and other communications in relation to its subject matter that precede this Agreement are suspended by it and merged into it.