Terms and Conditions

This page states the Terms and Conditions under which you may use TCSWeb Design's website. Please read this page carefully. By using this website, you agree to be bound by the Terms and Conditions stated here. Therefore, if you cannot accept these Terms and Conditions, please do not use the website. TCSWeb Design may revise these Terms and Conditions at any time by updating this posting. Therefore, you should visit this page periodically to review the Terms and Conditions, because they are binding on you.

Use of Site Material

The contents of this website are protected against unauthorized use in the U.S. and other countries by copyright and other intellectual property laws. TCSWeb Design authorizes you to view and download a single copy of the material on this website solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original material on any copy you make of the site material. You may not sell or modify our site material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The names, marks and logos appearing in this website are, unless otherwise noted, trademarks owned by or licensed to TCSWeb Design. The use of these marks, except as provided in these Terms and Conditions, is prohibited. If you violate any of these terms, your permission to use the site material automatically terminates and you must immediately destroy any copies you have made of the material. TCSWeb Design reserves all other rights it may have at law or in equity.

Use of links and logos

You do not need to request permission to create a text link from your website to the TCSWeb Design website. However, if you would like to use a graphic or logo of TCSWeb Design, you must request permission. Please send all requests to tlt@tcsweb.net. TCSWeb Design reserves the right to request the removal of any link.

TCSWeb Design's Liability

TCSWeb Design makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this website or about the results to be obtained from using the website. You use the website and it's material at your own risk. Changes are periodically made to the website and may be made at any time.

THIS WEBSITE AND IT'S MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TCSWeb Design HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL TCSWeb Design BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TCSWeb Design IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By using this website, you agree to defend, indemnify, and hold harmless TCSWeb Design, it's officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) which TCSWeb Design may become obligated to pay arising or resulting from your use of the site material or your breach of these Terms and Conditions.

General

This site is controlled by TCSWeb Design from it's offices in Colorado Springs, Colorado, U.S.A. TCSWeb Design does not claim that the materials on this website are appropriate or may be used outside of the United States. Access to the website's materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms and Conditions are governed by the substantive laws of the Commonwealth of Colorado, without respect to its conflict of laws principles. Any action or proceeding arising from or relating to the use of this website shall be brought and maintained only in a state or federal court in Colorado Springs, Colorado, U.S.A., and you consent to the personal jurisdiction of these courts.  If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our website, these Terms and Conditions constitute the entire agreement between you and TCSWeb Design with respect to the use of our website. Any changes to these Terms and Conditions must be made in writing, signed by an authorized representative of TCSWeb Design.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), all notices of alleged copyright infringement on the TCSWeb Design website or TCSWeb Design’ affiliated sites must be sent to TCSWeb Design's designated agent:

TCSWeb Design
2316 N. Wahsatch Ave.
#110
Colorado Springs, CO 80907

Tel: 303.952.4466
tlt@tcsweb.net

To be effective under the DMCA, the notice must be a written communication and must include:

  1.  A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other exclusive intellectual property right;
  2.  Identification of the work claimed to have been infringed;
  3.  Description and location of the material that is claimed to be infringing;  
  4.  Contact information for the complaining party such as a mailing address, telephone number or e-mail address;
  5.  A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, its agent or by law; and
  6.  A statement, made under penalty of perjury, that the information is accurate and that the complaining party is authorized to act on behalf of the copyright owner.