|TiCon Legal Statement and Copyright Notice
| By accessing this site, users agree to the following
terms and conditions.
|1.1 This agreement governs your use of the ticonovens.com
and related Internet information service (the "Service"), which is
operated by TiCon Restaurant Equipment Company. Additional terms and
conditions of use applicable to specific areas of the Service may
also be posted in such areas and, together with this agreement, govern
your use of those areas. This agreement, together with any such additional
term and conditions, are referred to as this "Agreement."
|1.2 TiCon reserves the right, in its discretion,
to change or modify all or any part of this Agreement at any time,
effective immediately upon notice published on the Service. Your continued
use of the Service constitutes your binding acceptance of these terms
and conditions, including any changes or modifications made by TiCon
as permitted above. If at any time the terms and conditions of this
Agreement are no longer acceptable to you, you should immediately
cease all use of the Service.
|2.1 You acknowledge that the Service contains information,
software, photographs, audio and video clips, graphics, links and
other material (collectively, the "Content") that are protected by
copyright, trademark or other proprietary rights of TiCon or third
parties. All Content on the Service is copyrighted as a collective
work of TiCon pursuant to applicable copyright law. You agree to comply
with any additional copyright notices, information, or restrictions
contained in any Content available on or accessed through the Service.
Users of the Service may use the Content only for their personal,
|2.2 You may not modify, publish, transmit, transfer
or sell, reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole or in
part, except as expressly permitted in this Agreement. Content consisting
of downloadable software may not be reverse engineered unless specifically
authorized by the owner of the software's patent and/or copyright.
You may post on the Service any Content owned by you (such as your
original statements), Content for which you have received express
permission from the owner and Content in the public domain. You assume
all risk and responsibility for determining whether any Content is
in the public domain. You grant to TiCon the right to edit, copy,
publish, distribute, translate and otherwise use in any medium any
Content that you place on the Service without compensation to you.
You represent and warrant that you are authorized to grant all rights
set forth in the preceding sentence.
| 2.3 You may download or copy the Content only for
your own personal use, provided that you maintain all copyright and
other notices contained in such Content. You shall not store electronically
any significant portion of any Content. Except as expressly permitted
by the copyright laws, no copying, storage, redistribution or publication
of any Content is permitted without the express permission of TiCon
or the owners of such Content or their authorized persons, if other
than TiCon. You may download from the Service any Content in the public
domain for your own personal use or for non-commercial redistribution.
|You shall not post on the Service any Content which
(a) is libelous, defamatory, obscene, pornographic, abusive, harassing
or threatening, (b) contains viruses or other contaminating or destructive
features, (c) violates the rights of others, such as Content which
infringes any copyright, trademark, patent, trade secret or violates
any right of privacy or publicity, or (d) otherwise violates any applicable
law. You may not post on the Service any links to any external Internet
sites that are obscene or pornographic. You shall not use the Service
for any commercial purpose, to distribute any advertising or solicitation
of funds or goods and services or to solicit users to join competitive
|You agree to indemnify, defend and hold TiCon and
its affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the "TiCon
Parties") harmless from and against any and all claims, liability,
losses, costs and expenses (including attorneys' fees) incurred by
any TiCon Party in connection with any use or alleged use of the Service.
TiCon reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with TiCon's defense
of such claim.
|TiCon reserves the right, in its sole discretion,
to restrict, suspend or terminate access to all or any part of the
Service, at any time for any reason without prior notice or liability.
TiCon may change, suspend or discontinue all or any aspect of the
Service at any time, including the availability of any feature, database,
or Content, without prior notice or liability.
of Warranties; Limitation of Liability
|6.1 NEITHER TiCon NOR ANY PROVIDER OF THIRD PARTY
CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DOES TiCon, ANY THIRD PARTY CONTENT
PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS
TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE
AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
NONE OF TiCon, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH
THE SERVICE. NEITHER TiCon NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS
THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL
BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS
ASSUMED SOLELY BY YOU.
|6.2 NEITHER TiCon, ANY THIRD PARTY CONTENT PROVIDER
NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
| 6.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN SUCH STATES, THE LIABILITY OF TiCon, THIRD PARTY CONTENT PROVIDERS
AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
This Agreement shall be construed in accordance
with the laws of the State of California, and the parties irrevocably
consent to bring any action to enforce this Agreement in the federal
or state courts located in San Francisco, CA, County of San Francisco.
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all previous
written or oral agreements between the parties with respect to such
subject matter. If any inconsistency exists between the terms of
this agreement and any additional terms and conditions posted on
the Service, such terms shall be interpreted as to eliminate any
inconsistency, if possible, and otherwise, the additional terms
and conditions shall control. Certain sections of this Agreement
shall survive any termination of this Agreement as well as any other
provisions, which by their terms or sense are intended to survive.