By using and/or visiting this website (collectively, including all content and functionality available through the Techkenescue.com domain name, the “TECHKEN Website”, or “Website”), you signify your agreement to the terms and conditions setforth below in this Agreement. If you do not agree to any of these terms and conditions, please do not use the TECHKEN Website.
These terms and conditions apply to all users of the TECHKEN Website. The TECHKEN Website includes all aspects of its content, including but not limited to all products and services offered via the website such as the embedded media player.
The TECHKEN Website may contain links to third party websites that are not owned or controlled by North American Rescue, LLC (“TECHKEN”). TECHKEN has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites.
General Use of the Website—Permissions and Restrictions
TECHKEN hereby grants you permission to access and use the Website provided that:
You agree not to distribute in any medium any part of the Website, except where specifically authorized herein, without TECHKEN’s prior written authorization.
You agree not to alter, interfer with, or modify any part of the Website and its operation.
You agree not to use the Website and any downloadable content available therefrom, including TECHKEN ‘s embedded media player, for any commercial use, without the prior written authorization of TECHKEN.
You acknowledge and agree that TECHKEN owns all legal right, title and interest in and to all content available on the Website, including any intellectual property rights which subsist in the content provided on the website, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
Unless you have agreed otherwise in writing with TECHKEN, nothing in this agreement gives you a right to use any of TECHKEN’s patents, copyrights, trade names, trademarks, service marks, trade dress, logos, domain names, and other distinctive brand features.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including Patent, Copyright and Trademark notices) which may be affixed to or contained within any content available on the Website.
Unless you have been expressly authorized to do so in writing by TECHKEN, you agree that to the extend downloadable content is made available on the Website for personal noncommercial use, you will not use any trademark, service mark, trade name, logo of any company or organization in association with such content in a way that is likely or intended to cause confusion as to the source, ownership or authorized use of such content.
Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the TECHKEN Website.
TECHKEN gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to download and use for noncommercial purposes any content specifically designated as available for download on the Website provided to you by TECHKEN. This license is for the sole purpose of enabling you to use and enjoy the benefit of information and products offered by TECHKEN for personal use, in the manner permitted herein.
With the exception noted in 4A above, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any element of the Website, unless you have been specifically told that you may do so by TECHKEN, in writing.
The content on the TECHKEN Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to TECHKEN, and subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of TECHKEN, except as noted in section 4A above. TECHKEN reserves all rights not expressly granted in and to the Website and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the TECHKEN Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TECHKEN Website or the Content therein.
YOU AGREE THAT YOUR USE OF THE TECHKEN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TECHKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TECHKEN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TECHKEN WEBSITE. TECHKEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TECHKEN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TECHKEN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL TECHKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TECHKEN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these terms and conditions.
You agree that the TECHKEN Website shall be deemed solely based in South Carolina, and that any claim or dispute between you and TECHKEN that arises in whole or in part from the TECHKEN Website shall be decided exclusively by a court of competent jurisdiction located in Greenville County, South Carolina.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and TECHKEN’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
TECHKEN reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the terms and conditions therein for any changes. Your use of the TECHKEN Website following any amendment of these terms and conditions will signify your recognition of and acceptance of the revised terms. YOU AND TECHKEN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TECHKEN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Update: Feb 21, 2015