Terms and Conditions
Welcome to www.tcp-analytical.com. The information offered by TCP Analytical and its affiliates (together, “TCP Analytical”) on this website (the “Site”) is subject to the terms and conditions below (the “Terms and Conditions”). The Terms and Conditions apply to all users of the Site. By entering the Site or by transmitting any information to the Site you acknowledge and agree to all of the Terms and Conditions. Please read the Terms and Conditions carefully. If you do not agree to the Terms and Conditions, you do not have permission to access, browse or use the Site. Any use of or access to the Site in a manner inconsistent with these Terms and Conditions is unauthorized and may subject the user to civil or criminal penalties. We reserve the right to revise the Terms and Conditions at any time and for any reason, without notice or other obligation, by updating this page. Your continued use of the Site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you. Each time you access the Site, you are reaffirming your agreement to these Terms and Conditions.
1. USE OF SITE AND CONTENT
You represent and warrant that you possess the legal right and authority to agree to these Terms and Conditions on your behalf. If you are accessing this Site on behalf of your employer or some other entity, then these Terms and Conditions shall be binding upon you and your employer or such other entity, and, in such event, you further represent and warrant that you possess the legal right and ability to agree to these Terms and Conditions on your behalf and on behalf of your employer or other entity. If you register to use this Site by submitting any form on behalf of your employer or such other entity, then you shall be deemed to be submitting such information behalf of yourself and your employer or such other entity. As used in these Terms and Conditions, the term "you" refers to you individually and, if applicable, your employer or such other entity on whose behalf you may access the Site.
TCP Analytical is the owner and/or licensor of all the material displayed on and/or accessible through this Site, including without limitation, software, text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the “Content”). Subject to the Terms and Conditions, TCP Analytical grants you a limited right to access and use this Site solely for your own personal, internal, non-commercial use. You may not download or modify this Site or any Content, except with the prior express written consent of TCP Analytical in each instance. You expressly acknowledge and agree that you are not granted any license for, and you agree that without the prior express written permission of TCP Analytical you will not engage in (i) any resale or commercial use of this Site and/or any Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, bots, or similar data gathering and extraction tools. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. You agree not to change or delete any proprietary notices from materials downloaded or printed from the Site. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
2. INTELLECTUAL PROPERTY RIGHTS
TCP Analytical retains its property rights, including, without limitation, all rights under U.S. and international copyright law, to the Site and all Content. As such, without the prior express written permission of TCP Analytical , you may not (i) distribute Content to others; (ii) include Content on any other web site, on a server computer, or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or (iii) modify or re-use the Content. TCP Analytical reserves all rights not expressly granted herein. You acknowledge and agree that any name, logo, trademark, or service mark contained on this Site is owned or used with permission by TCP Analytical and may not be used by you without the express prior written approval of TCP Analytical or the relevant owner of the name, logo, trademark or service mark. TCP Analytical will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of these materials is prohibited unless specifically permitted by TCP Analytical in writing prior to any such use.
3. POSTING AND TRANSMITTING; LINKING
You MAY NOT do any of the following: (i) hyperlink to the Site, whether to its homepage or to an interior page; (ii) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site; (iii) transmit to the Site or to any TCP Analytical personnel, any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications; or (iv) transmit to the Site or to any TCP Analytical personnel any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.
Notwithstanding the fact that TCP Analytical, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to TCP Analytical personnel, TCP Analytical and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. From time to time, TCP Analytical may provide links from this Site to websites operated by third parties. Our decision to do so is in no way an endorsement of these sites. TCP Analytical does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. TCP Analytical reserves the right to terminate any link at any time.
Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.Otherwise attempt to interfere with the proper working of the Site.
The Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site.
Send emails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party website.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
You represent that all information provided to TCP Analytical through any submission form contained on the Site or otherwise is accurate and that you are the individual identified in such information. In the event any such information changes after it is provided to TCP Analytical, you agree to update such information the next time you access the Site. If applicable, you agree (a) to maintain the confidentiality of your username and password, and (b) that you are fully responsible for any and all activities that occur under your username. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this Site. You further agree to (i) immediately notify TCP Analytical of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Without limiting any other provisions of these Terms, TCP Analytical will not be liable for any loss or damage arising from your failure to comply, and you agree that TCP Analytical will not be liable for any loss that you may incur as a result of someone else using your username, either with or without your knowledge. You agree not to use anyone else's username at any time. If you violate your obligations with respect to username and password credentials, you may be subject to prosecution.
4. DISCLAIMERS
4.1 No Offer of Securities or Advice. You acknowledge and agree that nothing contained on this Site may be construed as a solicitation, offer, recommendation or representation of suitability or endorsement of any security or investment. You further acknowledge and agree that the Content of this Site does not provide any tax, legal, accounting, investing or other professional advice.
4.2 Jurisdictional Limitations. TCP Analytical does not claim that this Site is appropriate for your specific jurisdiction. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use this Site if you are restricted by any local, state, national or international laws.
4.3 Content Disclaimers. While TCP Analytical makes reasonable efforts to ensure that the Content is correct, TCP Analytical makes no warranties or representations as to the accuracy of the Content. Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. TCP Analytical has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, TCP Analytical does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
4.4 Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, TCP ANALYTICAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. THIS SITE AND ALL CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TCP ANALYTICAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU SHOULD NOT ASSUME THAT THE MATERIALS ON THIS WEBSITE ARE CONTINUOUSLY UPDATED OR CONTAIN CURRENT INFORMATION. TCP ANALYTICAL IS NOT RESPONSIBLE FOR PROVIDING CONTENT OR MATERIALS THAT HAVE BEEN EXPIRED OR REMOVED. TO THE FULLEST EXTENT PERMITTED BY LAW, TCP ANALYTICAL ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.
5. LIMITATION OF LIABILITY
By entering the Site you acknowledge and agree that your use of this Site and any Content is solely at your own risk. IN NO CIRCUMSTANCE SHALL TCP ANALYTICAL OR ITS SUPPLIERS, PARTNERS, AFFILIATES OR THEIR RESPECTIVE OFFICERS, AGENTS AND/OR EMPLOYEES (TOGETHER, THE “TCP ANALYTICAL PARTIES”), BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, DAMAGES RESULTING FROM THE USE OF THE INFORMATION OR MATERIALS PRESENTED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY EVEN IF A TCP ANALYTICAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT YOU HEREBY WAIVE ANY AND ALL LAWS WHICH MY LIMIT THE EFFICACY OF SUCH RELEASE. If you are located in a jurisdiction which does not allow the waiver of any or all of these claims, or related warranties or liabilities, the limitation of liability of the TCP Analytical parties shall be to the greatest extent permitted by law.
You agree that any cause of action you may have with respect to your use of the Site, the Content or these Terms and Conditions must be commenced within one year after the claim or cause of action arises or will be deemed to have been waived.
6. TERMINATION
TCP Analytical reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. TCP Analytical reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. If access to the Site or the Content is terminated, you agree that all Terms and Conditions shall survive, other than the second sentence of Section 1.
7. INDEMNIFICATION
You agree to indemnify and hold harmless the TCP Analytical parties from and against any and all claims, demands, actions, costs or expenses or both, including reasonable attorney’s fees, incurred by or against such persons or entities arising out of or resulting from your use of the Site or the Content, your violations of these Terms and Conditions and/or your violation of any rights of a third party.
8. APPLICABLE LAW AND JURISDICTION; DISPUTE RESOLUTION
This Site is made available to you from the State of Pennsylvania in the United States. If you elect to access and/or use this Site from outside of the United States, you do so at your own risk and you agree that you shall comply with the laws of your jurisdiction, as well as the laws of the State of Pennsylvania and the laws of the United States in connection with your access to and use of the Site. The laws of the State of Pennsylvania, without regard to its principles of conflict of laws, will govern the Terms and Conditions (including any disputes concerning or related to the Terms and Conditions). For any disputes which are not required to be arbitrated pursuant to these Terms and Conditions, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in the State of Pennsylvania for the purpose of resolving any dispute relating to your access to or use of this Site. Notwithstanding the foregoing, you expressly acknowledge and agree that TCP Analytical may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to exclusive jurisdiction and venue in any such court..
You agree that any dispute, claim or controversy you may have arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that, for the avoidance of doubt, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and TCP Analytical otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of these “Dispute Resolution” provisions will be deemed void. Except as provided in the preceding sentence, these “Dispute Resolution” provisions will survive any termination of these Terms and Conditions.
Any arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by these “Dispute Resolution” provisions. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Pennsylvania and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the “Limitation of Liability” section contained in these Terms and Conditions as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions to the contrary in these Terms and Conditions, if TCP Analytical changes the Dispute Resolution provisions of these Terms and Conditions after the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TCP Analytical in accordance with the Dispute Resolution provisions contained in these Terms and Conditions as of the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions).
9. USER SUBMISSIONS
By entering the Site you acknowledge and agree that any communication or material you transmit to the Site or TCP Analytical, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials, data and/or information you transmit to TCP Analytical becomes the property of TCP Analytical and may be used by TCP Analytical and/or its affiliates at its sole discretion anywhere, anytime, and for any reason whatsoever without compensation to you.
10. MONITORING; PRIVACY POLICY
TCP Analytical has the right, but not the obligation, to monitor any activity associated with the Site. TCP Analytical may investigate any complaint or reported violation of the Terms and Conditions and take any action that it deems appropriate under the circumstances. Such action may include, but is not limited to, issuing warnings, suspension or termination of access, and/or referring the matter to regulatory or law enforcement authorities.
TCP Analytical does collect personally identifiable information such as, but not limited to, IP address, domain name, webpage, the length of time spent on the Site, and the pages accessed while visiting the Site. The information-gathering technology referred to as “cookies” will be used in connection with the Site. TCP Analytical also collects information that is voluntarily submitted by users. By using the Site you hereby understand and consent to the transfer of any data submitted by you to TCP Analytical. Under no circumstances will TCP Analytical exchange such personally identifiable information with third parties.
11. SEVERABILITY
If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions. Any failure of TCP Analytical to act on or enforce any of the Terms and Conditions shall not be construed as a waiver of that provision or any other of the Terms and Conditions.