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This agreement ("Agreement") contains the
terms and conditions for the use of the Texas Toner
and Ink, Inc. ("Texastonerandink.com") Internet
Site. As used in this Agreement, "we", "us",
or "our" refers to Texastonerandink.com, "you"
or "your" refers to the individual or entity
using the Internet Site, and "Internet Site"
refers to all viewable pages including page headers,
custom graphics, button icons, links, and text, underlying
program code, database content, products and accompanying
services and documentation. By accessing, browsing and/or
using this Internet Site, you acknowledge that you have
read, understood, and do agree to be bound by these
terms and conditions and comply with all applicable
laws and regulations, including U.S. and International
laws and regulations.
Right of Usage (Revocable License)
We grant to you a limited, non-exclusive, non-transferable,
revocable license to use the Internet Site
for the purpose of managing your purchasing process,
including viewing, requesting, approving and ordering
products on behalf of yourself or your company.
Texas Toner and Ink, Inc. grants you a limited license
to access and make personal use of the Site and not
to download (other than page caching) or modify it,
or any portion of it, except as provided below under
"Use Restrictions," or with express written
consent of Texas Toner and Ink, Inc.
The following activity on the Site is expressly prohibited:
Any non-personal or commercial use of any robot, spider,
other automatic device, or manual process to monitor
or copy portions of the Site or the content contained
herein without prior written permission by Texas Toner
and Ink, Inc.; collection or use of any product listings,
descriptions, photos, or prices, from the Site for the
benefit of another merchant that supplies products competitive
with or comparable to those offered on the Site; and,
Any use of, visits to, or other action that imposes
an unreasonable or disproportionately large load on
the Site, or otherwise interferes with its proper and
timely functioning.
Any unauthorized use terminates the license granted
by Texas Toner and Ink, Inc.
You may not use any Texas Toner and Ink, Inc. logo
or other proprietary graphic or trademark as part of
the link without express written permission from Texas
Toner and Ink, Inc.
Texas Toner and Ink, Inc. does not review or control
third-party sites that link to or from the Site, and
is not responsible for the contents of any third-party
sites linked to or from the Site.
Prohibition against Reverse Engineering
Under the foregoing license, you are prohibited from
translating, decompiling, disassembling or reverse engineering
or otherwise attempting to derive the source code for
the operation of the Internet Site or creating derivative
architecture based on the Internet Site or parts of
the Internet Site. For purposes of this Agreement, "reverse
engineering" shall mean the examination or analysis
of the Internet Site software to determine its source
code, structure, organization, and internal design,
algorithms or program devices.
Title
All title, ownership rights, and intellectual property
rights in the Internet Site shall remain in Texastonerandink.com
and/or its suppliers. The Internet Site is protected
by the copyright laws and treaties of the United States
of America. You shall not remove any proprietary notices
or labels on the Internet Site without express permission
of texastonerandink.com and then only for the use of
the Affiliate Program or use by the press. Through the
use of this Internet Site, no intellectual property
rights will transfer to you.
Copyright
This Internet Site is © 2004 Texas Toner and Ink,
Inc. RESERVED. Permission is hereby granted to print
in hard copy portions of this Internet Site for the
sole purposes of placing or approving a request or order
using this Internet Site or archiving business records.
Any other use of any portion of this site, including
reproduction for purposes other than those specified
herein, modification, distribution, or publication,
are expressly prohibited without the prior written permission
of Texas Toner and Ink, Inc.
Trademarks
Texas Toner and Ink, Inc. and the “Texas Toner
and Ink” logo are trademarks of Texastonerandink.com.
All other trademarks, service marks, product names and
company names or company logos cited herein are the
property of their respective owners.
Purchasing Conditions
By placing an order with Texastonerandink.com, you agree
to be bound by the terms and conditions of this Agreement
and the Business Policies of Texastonerandink.com, as
they are revised from time to time. Each order submitted
is subject to acceptance by us. We reserve the right
to accept or decline any order for any or no reason.
Risk of any loss or damage to products you order from
us shall transfer to you upon delivery of such products
to you. Title to these items shall pass to you only
upon full payment of the total price for such items.
Until payment in full is received by us, you hereby
grant us a purchase money security interest in such
items ordered from us, and further agree to terms of
purchase.
Modifications/Changes to Web Site
Texastonerandink.com reserves the right to update and
upgrade the Internet Site at our sole discretion without
notice to you, including but not limited to, changing
functionality, user interface, procedures, documentation,
or any of the terms and conditions of this Agreement.
Texastonerandink.com further reserves the right to modify
any of the terms and conditions contained herein and
in the Business Policies by posting them on the Internet
Site.
Terms and Termination of Agreement
This license will terminate automatically upon our notice
to you if you fail to comply with the terms and conditions
described herein. Texastoneradink.com has the right
to terminate the license of any user at any time for
any or no reason. Such termination may be based solely
on the discretion of Texastonerandink.com.
No Warranty Disclaimer
TEXASTONERANDINK.COM DOES NOT WARRANT THAT YOUR USE
OF THE INTERNET SITE WILL BE UNINTERRUPTED; MESSAGES
OR REQUESTS DELIVERED, OR THE OPERATION OF THE INTERNET
SITE WILL BE ERROR-FREE OR SECURE. In addition, the
security mechanisms implemented by TEXASTONERANDINK.COM
may have inherent limitations, and you must determine
yourself that the Internet Site sufficiently meets your
requirements. TEXASTONERANDINK.COM IS NOT RESPONSIBLE
FOR YOUR DATA WHETHER RESIDING ON TEXAS TONER AND INK’S
OR YOUR SERVER. You shall be responsible for all use
of your account and maintaining the confidentiality
of your password and information. We discourage sharing
your password and account number with anyone; any such
sharing shall be entirely at your own risk. Accordingly,
you should select a unique, non-obvious password and
change your passwords often. THE TEXASTONERANDINK.COM
INTERNET SITE AND ITS CONTENTS ARE PROVIDED "AS
IS" AND TEXASTONERANDINK.COM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE,
ITS CONTENTS OR ANY PRODUCT. TEXASTONERANDINK.COM HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. THIS DISCLAIMER BY TEXASTONERANDINK.COM
IN NO WAY AFFECTS THE MANUFACTURER'S WARRANTY, IF ANY,
WHICH SHALL BE PASSED ONTO YOU. EXCEPT AS EXPRESSLY
STATED BY THIS AGREEMENT, TEXASTONERANDINK.COM, ITS
SUPPLIERS AND RESELLERS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST
INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE
LIKE) OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES ARISING FROM OR RELATED TO THE USE OF PRODUCTS
OR THE USE OR INABILITY TO USE THIS INTERNET SITE, EVEN
IF TEXASTONERANDINK.COM SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY OTHER PARTY. TEXASTONERANDINK.COM DOES NOT REPRESENT
OR WARRANT THAT THE INFORMATION PROVIDED ON THIS INTERNET
SITE IS ACCURATE, COMPLETE OR CURRENT. THESE LIMITATIONS
SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
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