Terms & Conditions
Use of TEKSYS Websites
Except as set forth in “Other agreements; software, services or access”, below, Teksys authorizes you to use the Teksys Websites only for your own personal, non-commercial purposes. Use of the TEKSYS Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Teksys, Teksys owns the Teksys Websites. The Teksys Websites is protected under United States and international copyright laws. Any unauthorized use of the Teksys Websites may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Teksys Websites and for paying all charges related thereto. When you register to open an account anywhere on the Teksys Websites, or when you contact Teksys through the Teksys Websites for the purpose of receiving products or services, Teksys may collect certain personal information about you. TEKSYS’S use of such information is governed by the provisions of the Teksys Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Teksys Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Teksys Websites password and you are solely responsible for all activities that occur under your password. You agree to notify Teksys immediately of any unauthorized use of your password or any other breach of security related to the Teksys Websites. Teksys reserves the right to require you to change your password if Tekys believes that your password no longer is secure. Access to Teksys Websites granted under other separately executed agreements by Teksys and You shall supersede the terms contained in this Section.
You agree not to use the TEKSYS Websites (including, without limitation, any Materials or Services you may obtain through your use of the TEKSYS Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the TEKSYS Websites or servers or networks connected to the TEKSYS Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the TEKSYS Websites; or (y) attempt to gain unauthorized access to any portion of the TEKSYS Websites or any other accounts, computer systems, or networks connected to the TEKSYS Websites, whether through hacking, password mining, or any other means.
Except as set forth in “Other agreements; software, services or access”, below, TEKSYS may terminate, suspend, or modify your registration with, or access to, all or part of the TEKSYS Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the TEKSYS Websites at any time. If you breach any of these Terms, your authorization to use the TEKSYS Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
THE TEKSYS WEBSITES IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE TEKSYS WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT TEKSYS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. TEKSYS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE TEKSYS WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TEKSYS MAKES NO WARRANTY THAT THE TEKSYS WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE TEKSYS WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE TEKSYS WEBSITES WILL BE CORRECTED. TEKSYS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TEKSYS WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TEKSYS WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE TEKSYS WEBSITES OR FROM TEKSYS, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE TEKSYS PARTIES”) SHALL CREATE ANY WARRANTY. TEKSYS DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of Liability
IN NO EVENT WILL ANY OF THE TEKSYS PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE TEKSYS WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE TEKSYS WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY TEKSYS PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any TEKSYS Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the TEKSYS Party’s liability shall be the minimum permitted under such applicable law.
Other agreements; software, services or access
TEKSYS may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to TEKSYS Websites under the terms of a separate agreement between you and TEKSYS (each, an “Other Agreement”). TEKSYS’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.For example, the use of any software that is made available to download from the TEKSYS Websites (“Software”) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to TEKSYS Websites
TEKSYS reserves the right to modify, suspend, or discontinue the TEKSYS Websites at any time without notice to you. For example, TEKSYS may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and TEKSYS makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local TEKSYS business contact for information regarding the products, programs, and services that may be available to you.
Certain areas of the TEKSYS Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to TEKSYS an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that TEKSYS deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). TEKSYS reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. TEKSYS may, but is not obligated to, pre-screen User Submissions or monitor any area of the TEKSYS Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. TEKSYS is not required to host, display, or distribute any User Submissions on or through the TEKSYS Websites and may remove at any time or refuse any User Submissions for any reason. TEKSYS is not responsible for any loss, theft, or damage of any kind to any User Submissions. TEKSYS does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that TEKSYS will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. TEKSYS does not guarantee that you will have any recourse through TEKSYS or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- you are at least 13 years old;
- you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to TEKSYS the rights in your User Submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to TEKSYS described herein;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all “moral rights” that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on the TEKSYS Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the TEKSYS Websites. TEKSYS is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, TEKSYS does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the TEKSYS Network, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent TEKSYS’s written authorization otherwise, a website that links to this Site:
- may link to, but shall not replicate, any Materials (including any TEKSYS logo);
- shall not create a browser or border environment around any Materials;
- shall not imply that TEKSYS endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with TEKSYS;
- shall not present false or misleading information about TEKSYS, its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial; and
- shall contain only content that is appropriate for all age groups.
TEKSYS, the TEKSYS Logo (shown below) are registered trademarks
You may use TEKSYS trademarks, in text, to refer fairly and accurately to TEKSYS, its products and its services, subject to the guidelines below.
The TEKSYS Logo is reserved for use by TEKSYS and those TEKSYS partners and licensees that have a written agreement with TEKSYS that specifically authorizes logo use. No other use of TEKSYS logos is permitted.
You may not use TEKSYS trademarks in a manner likely to mislead consumers as to your relationship with TEKSYS, as to TEKSYS’s sponsorship or endorsement of your company, products or services, or as to the origin of your products or services. Any use of TEKSYS trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.
Trademark Use by Authorized TEKSYS Partners and Licensees
If you have an existing relationship with TEKSYS, please adhere to the specific trademark use guidelines and terms provided in your written agreement.
If you are an TEKSYS AllianceOne Partner or an TEKSYS PartnerOne Partner please refer to the following links for additional information, including trademark guidelines specific to your TEKSYS AllianceOne or TEKSYS PartnerOne program:
Alliance one: http://www.Teksys.com/go/allianceone
Partner One: http://www.Teksys.com/partners/us
If your existing agreement with TEKSYS authorizes you to display TEKSYS trademarks, but does not contain specific trademark use guidelines, please follow the trademark use guidelines on this page.
If you have questions you should contact your account representative or other TEKSYS business contact.
TEKSYS General Trademark Guidelines
The following general trademark guidelines are intended for use by companies who are authorized users of TEKSYS’s trademarks, including for example TEKSYS’s partners, licensees, alliances and authorized resellers under contract with TEKSYS.
• TEKSYS does not use or require the use of trademark symbols, legends or acknowledgements with TEKSYS trademarks, unless otherwise agreed in writing.
- TEKSYS trademarks should be presented as adjectives modifying generic nouns; for example: TEKSYS computers, TEKSYS support services, LASERJET printers. Do not use variations, plural or possessive forms of TEKSYS trademarks.
- Do not use TEKSYS trademarks in a manner likely to mislead or confuse the public as to the origin of any goods or services, or as to sponsorship or endorsement by TEKSYS.
- Do not use TEKSYS trademarks to make false statements about TEKSYS or its products
- Do not incorporate TEKSYS trademarks in your trade names, business names,
product names, service names, social media user names, or domain names.
- Do not adopt or imitate TEKSYS’s distinctive product designs, product packaging, trade dress, advertising materials, slogans, taglines or website layouts.
- When referring to TEKSYS in formal documentation (i.e., annual reports, financial reports) the
full name Teksys Incorporated is preferred. In other contexts, TEKSYS is preferred.
Additional Guidelines for Authorized Users of the TEKSYS Logo
IMPORTANT: THIS DOCUMENT DOES NOT AUTHORIZE LOGO USE. IN ORDER TO DISPLAY THE TEKSYS LOGO, A SEPARATE, WRITTEN AGREEMENT WITH TEKSYS IS REQUIRED AND THE AGREEMENT MUST SPECIFICALLY AUTHORIZE LOGO USE. SUCH AGREEMENTS ARE ONLY MADE AVAILABLE TO SELECT PARTNERS AND LICENSEES.
Our preferred TEKSYS Logo is:
On color or dark backgrounds, our inverse logo may be used:
Our black and white logo should be used when full-color printing is not available:
Keep the logo clear of competing text, images and graphics by maintaining, at a minimum, a 20 percent circumference of clear space on all four sides of the logo:
The minimum size for print use of the TEKSYS Logo is 0.25” square or 6.35mm square:
The minimum size for digital use of the TEKSYS Logo is 20 x 20 pixels at 72dpi:
The TEKSYS Logo should not be altered in any way.
- Use the TEKSYS Logo other than in accordance with express, written authorization from TEKSYS;
- Place the logo on a complicated or patterned background;
- Apply reflections or gradients to the logo;
- Treat the logo as a dimensional object;
- Alter the shape of the logo;
- Skew or rotate the logo;
- Add a keyline to the logo;
- Separate the TEKSYS letterforms from the circle element of the logo;
- Apply color to the TEKSYS letterforms within the logo;
- Outline the logo;
- Change the colors of the logo;
- Animate the logo;
- Place type/text within the logo or its clear space; or
- Place an image within the logo.
THESE GUIDELINES MAY BE REVISED FROM TIME TO TIME WITHOUT NOTICE. IT IS THE RESPONSIBILITY OF TEKSYS’S PARTNERS, LICENSEES, ALLIANCES AND AUTHORIZED RESELLERS TO REGULARLY CHECK THIS PAGE AS WELL AS CHECK WITH THEIR APPROPRIATE TEKSYS BUSINESS CONTACTS TO ENSURE CONTINUED COMPLIANCE WITH TEKSYS’S TRADEMARK USE GUIDELINES.
Procedure for making claims of infringement
TEKSYS respects the intellectual property rights of others. Accordingly, TEKSYS has a policy of removing User Submissions that violate copyright law, suspending access to the TEKSYS Websites (or any portion thereof) to any user who uses the TEKSYS Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the TEKSYS Websites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, TEKSYS has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the TEKSYS Websites, please provide written notice to the following TEKSYS agent for notice of claims of infringement:
Attn: Copyright Agent
2200 Central Parkway, Suite E
Houston, Texas 77092
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow TEKSYS to locate that material; (d) contain adequate information by which TEKSYS can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to TEKSYS’s designated agent, as they will be deleted upon receipt.
U.S. government restricted rights
Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software” , or to clauses providing TEKSYS equivalent protections in DFARS or other agency specific regulations.
International and export issues
TEKSYS administers this Site from its offices in Houston, TX. TEKSYS makes no representation that the TEKSYS Websites is appropriate or available for use outside the United States and access to the TEKSYS Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the TEKSYS Websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the TEKSYS Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concern , or the US State Department Debarred Parties List . By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify, defend, and hold harmless the TEKSYS Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. TEKSYS reserves the right 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 TEKSYS’s defense of such claim.
When you visit the Site or send e-mails to TEKSYS, you are communicating with TEKSYS electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that TEKSYS provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the TEKSYS Websites, constitute the entire and exclusive and final statement of the agreement between you and TEKSYS with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and TEKSYS with respect to such subject matter. The TEKSYS Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and TEKSYS shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the TEKSYS Websites shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of TEKSYS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of TEKSYS and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the TEKSYS Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or TEKSYS. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TEKSYS without restriction.
Modifications to these Terms
TEKSYS may, in its sole and absolute discretion, change these Terms from time to time. TEKSYS will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the TEKSYS Websites. Continued use of the TEKSYS Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the TEKSYS Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.