Terms and Conditions for Use

Please read these terms and conditions of use carefully before using this website.

Welcome to our website. Taugas provides the services available on the website to you subject to the following terms and conditions. By using the Taugas Website, you are deemed to have agreed to these Terms and Conditions. If you do not agree with these Terms and Conditions, you do not have the right to access or otherwise use the Taugas website. We reserve the right to change these Terms and Conditions of Use, in whole or in part, at any time with or without notice. You should always check these Terms and Conditions of Use prior to using the Taugas website. Your continued use of the Taugas website following the posting of changes to these Terms and Conditions of Use will mean you accept those changes.

Please review our Privacy Policy, which also governs all visits to the Website.

Restricted Uses
The Taugas Website is owned and operated by Taugas (referred to as "Taugas", "we", "us" and "our"). All contents of the Taugas Website are copyrighted under United States copyright laws. Except as stated herein, none of the material on the Taugas Website may be used, reproduced, distributed, reverse engineered, modified, copied, published, displayed, adapted, uploaded, posted, transmitted, or in any way exploited whatsoever. Unless otherwise noted, the content on the Taugas Site is intended for commercial purposes only. The user agrees to use the Taugas Site only for lawful purposes, and adhere to all copyright and all trademark agreements and restrictions. Any modification of the content or use of content for any other purpose is a violation of Taugas’s copyright, intellectual property and other proprietary rights. The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Taugas. These trademarks are registered in the United States and/or other countries, and are protected by United States and international trademark laws. Other Trademarks not owned by us appearing on the Website are the property of their respective owners.

Intended Audience
This Site and all its Contents are intended solely for commercial use. Unless otherwise specified, the content in the site is presented solely for the purpose of promoting Taugas products available in the United States. You may download or copy the Contents displayed on the Site for your use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Taugas maintains and operates this Website from its offices in United States of America. Taugas makes no representation that materials contained in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Submissions
We welcome reviews, comments, inquiries, other information and/or feedback on the Taugas Website (collectively the "Comments"). However, it is our policy with regard to Comments you provide us, will be treated as non-proprietary, non-confidential and shall remain the property of Taugas. Such disclosure, submission or offer of any Comment shall constitute an assignment of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments to Taugas. Taugas will exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Taugas will be entitled, but not limited to, use, reproduction, disclosure, modification, adaptation, creation of derivative works from, publishing, display and distribution of any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. You grant Taugas the right to use any information, ideas, names or suggestions that you submitted in connection with any Comments. You represent and warrant that you own and/or control the rights to your Comment(s). You agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material and will not cause injury to any person or entity. You further agree that such Submission does not constitute or contain any computer viruses, and you agree that you will not harvest, collect or store information about the users of the Taugas Site, the Site’s Content or use such information for any purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Taugas for all claims resulting from any Comments you submit. Taugas takes no responsibility and assumes no liability for any Comments submitted by you or any third party.

Taugas is the sole owner of all content on the Taugas Site, including, without limitation, all applicable trademarks, text, copyrights, images, graphics, trade secrets, trade names, logos, icons, and other intellectual property rights thereto. All content on the Taugas Site is the exclusive property of Taugas.

Limited License
We grant you a limited, non-exclusive, and revocable license to access, and make non-commercial use of the Taugas Website. All contents of the Taugas Website are copyrighted and protected under United States copyright laws. You may not use, publish, copy, distribute, reproduce, display, create any derivative work based upon either the Website or its Content, reverse engineer, post, upload, transmit, modify or download any portions of the Website or its contents; or collect account information or any data, for any purpose whatsoever except as otherwise provided in these Terms and Conditions.

Disclaimer
The Taugas Website is provided "AS IS" without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of title, merchantability and fitness for a particular purpose. Taugas makes every effort to be as accurate as possible when describing our products and services on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, or other content available on the Website is accurate, complete, reliable, current, or error-free. Any reliance on or use of such material shall be at your sole risk. Taugas makes no representation or warranty that the Taugas Website will be available on a timely basis or will be uninterrupted or that the Taugas Website or host servers, are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties and may not apply to you. Any unauthorized use by you of the Website terminates the limited license set forth in this Terms and Conditions use.

Third Party Links
Taugas is not affiliated or associated with sponsors or producers of any third-party websites that hyper link to or from the Taugas website. We take no responsibility, or liabilities for the actions, content, products, services, or availability of information found on sites that link to or from the Taugas website from such third parties. Your linking to or from any off-website pages or other websites is at your own risk, since these third-party sites are owned and operated by independent retailers. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the website, including, without limitation, their privacy statements and terms and conditions. We do not make any representations or warranties as to the security of any information you might be requested to give any third party. Taugas reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the linked sites from the Taugas site and/or introduce different features or links to different users. Other sites may link to the Taugas site or any portion thereof, only with prior written approval from an authorized Taugas employee. Taugas reserves the right to rescind any permission granted by us to link to the Taugas Website, and to require termination of any such link to the Taugas Site, at our discretion, with or without cause, at any time.

Limitation of Liability
VISITORS TO THE Taugas SITE AGREE THAT THEIR USE OF THE Taugas SITE IS AT THEIR OWN SOLE RISK. THE Taugas WEBSITE IS PRESENTED "AS IS" AND "AS AVAILABLE". Taugas (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, DIRECTORS, OFFICERS AND EMPLOYEES) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE Taugas SITE; AND SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. FOR ANY (I) ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE Taugas SITE, OR (II) FAILURE OF PERFORMANCE, OR (III) INTERRUPTION OF BUSINESS, OR (IV) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE, OR (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DATA DESTRUCTION OR OTHER MODIFICATION, OR (VI) THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, OR (VII) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE, OR (VIII) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES, OR (IX) THAT ACCESS TO THE Taugas SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (X) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT WILL Taugas OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, OR INABILITY TO USE THE Taugas SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE Taugas SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED TWO HUNDRED DOLLARS ($200.00). HOWEVER, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Taugas’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING Taugas’ LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS). IN NO EVENT SHALL Taugas' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification
You will indemnify and hold Taugas, and its affiliates, directors, officers, agents, contractors or other partners, and employees, harmless from and against any claims, losses, damages, costs or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Taugas website, or any violation of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the Taugas Site applicable to your use of the Taugas Site.

Disputes
The laws of the State of New York shall govern these Terms and Conditions of Use, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. You agree that any lawsuit arising out of any use of the Taugas Site or relating to these Terms and Conditions of Use, shall be filed for confidential arbitration only in the courts located in the State of New York and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such lawsuit. You agree that any cause of action or claim that you may have with respect to your use of the Taugas Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose. Taugas may assign its rights under these Terms and Conditions to any party at any time without notice to you. Please note that your use of the Taugas Site may be subject to other local, state, national, and international laws.

General
This Agreement represents the complete agreement between you and Taugas, and supersedes all prior agreements and representations between them. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Site. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. Your continued use of the Site indicates your acceptance of updated Terms and Conditions. The failure of Taugas to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Taugas’ rights with respect to such breach or any subsequent breaches. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed inapplicable from the Terms and Conditions, however the inapplicability of the specific provision shall not affect the validity and enforceability of any remaining provisions. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
You agree that Taugas may send notices to you regarding your use of the Taugas Site by means of electronic mail, a general notice posted on the Taugas Site, or by written communication delivered either by overnight courier or US mail to your email or mailing address as appearing in Taugas records.

If you have any questions, comments or concerns about our privacy policy, please contact us directly.

© Taugas, 2003. All rights reserved.