BY ACCESSING THIS WEBSITE YOU HAVE AGREED TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
If you do not agree to these terms, do not use this site. You agree to use personal discretion with regard to information found and further, you agree to completely release TC Design Solutions, Inc. from any and all damages, liabilities and expenses (including attorneys' fees) as a result of advertising, errors or omissions, or issues evolving from third party use of this site or services by any business or individual.
DISCLAIMERS AND LIMITATIONS:
TC Design Solutions, Inc. intends that the information contained in its web site be accurate and reliable; however, errors sometimes occur. In addition, TC Design Solutions, Inc. may make changes and improvements to the information provided herein at any time. The web site and the information, software, products and services associated with it are provided "as is" TC design solutions, Inc. And/or its participating advertisers disclaim any warranty of any kind, whether expressed or implied, as to any matter whatsoever relating to the website and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Use of TC Design Solutions, Inc.'s services is at your own risk. TC Design Solutions, Inc. And/or its advertisers, are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of TC Design Solutions, Inc.'s services or with the delay or inability to use the website, or for any information, software, products and services obtained through the website, or otherwise arising out of the use of the website, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if TC Design Solutions, Inc. And/or its advertisers had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
DISPUTE RESOLUTION:
Any claim or controversy arising out of or relating to the use of TC Design Solutions, Inc.'s services, to the goods or services provided by TC Design Solutions, Inc., or to any acts or omissions for which you may contend TC Design Solutions, Inc. is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to TC Design Solutions, Inc. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in North Carolina. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joiner or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND TC DESIGN SOLUTIONS, INC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
OTHER TERMS:
These Terms of Use shall be subject to and construed in accordance with the laws of the State of North Carolina, excluding its conflict of laws principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
TRADEMARKS / THIRD PARTY REFERENCE:
All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this site are the copyrighted property of TC Design Solutions, Inc., or its affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to TC Design Solutions, Inc., or its affiliates and/or third party licensors. Unauthorized use of the materials will violate intellectual property rights. All rights not expressly granted in these Terms of Use are reserved to TC Design Solutions, Inc., or its affiliated companies and/or third part licensors, whichever is the owner of any specific material. No other rights or licenses, whether expressed or implied, arising from estoppels or otherwise, are conveyed or intended by these Terms of Use. As such, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The use of any such material on any other Web site or computer environment is prohibited. TC Design Solutions, Inc., reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms of Use your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials. Nothing contained in this site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this site without the written permission of TC Design Solutions, Inc., or the respective owner of the trade mark.
USE OF THIRD PARTY SERVICES:
You agree that TC Design Solutions, Inc. offers access to a group of advertisers who are not employed by TC Design Solutions, Inc. TC Design Solutions, Inc. is not responsible or liable for any acts or omissions created or performed by these third parties. TC Design Solutions, Inc.'s web site may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. TC Design Solutions, Inc.'s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. TC Design Solutions, Inc., cannot and does not guarantee or warrant that any files or information available for downloading will be free of spyware, infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading.
MODIFICATION OF SERVICES:
TC Design Solutions, Inc. reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. TC Design Solutions, Inc. shall not be liable to any user or any third party should TC Design Solutions, Inc., exercise its right to modify or discontinue service.
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