Terms of Use and Notices for TSD, Websites
TSD #1 in Rental and Loaner Software
Terms of Use and Notices for TSD, Websites
AGREEMENT BETWEEN YOU AND TSD RENTAL LLC
The TSD-INC Web Site is made up of various Web sites and Web pages operated by TSD Rental LLC, 1620 Turnpike St. North Andover, MA or its affiliates (collectively, the "TSD Web Sites"). This Terms of Use and Notices applies to the TSD Web Site and does not apply to the content of third parties.
The TSD Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TSD Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular TSD Web Site included within the TSD Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").
Additionally, the TSD Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, e-commerce or support areas).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular TSD Web Site, then the terms of any licensing agreement for products purchased from TSD shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the collection and use of your personal information. TSD Privacy Statement
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular TSD Web Site, or any product or service offered on any TSD Web Site (each a "TSD Site/Service", and collectively "TSD Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TSD immediately of any unauthorized use of your account or any other breach of security. TSD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TSD or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
TSD reserves the right to change the terms, conditions, and notices under which the TSD Sites/Services are offered, including but not limited to the charges associated with the use of the TSD Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the TSD Sites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the TSD Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TSD Sites/Services. Without the advance express written permission of TSD, you may not 'meta-search' the TSD Sites/Services, send, or cause to be sent, any automated queries of any sort to the TSD Sites/Services, or use the TSD Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any TSD Sites/Services to determine how a web site "ranks" on any TSD Sites/Services.
LINKS TO THIRD PARTY SITES
The TSD Sites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of TSD and TSD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TSD is not responsible for webcasting or any other form of transmission received from any Linked Site nor is TSD responsible if the Linked Site is not working appropriately. TSD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TSD of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the TSD Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. TSD shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TSD Sites/Services, you will not use the TSD Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TSD Sites/Services in any manner that could damage, disable, overburden, or impair any TSD Site/Service(s) (or the network(s) connected to any TSD Site/Service(s)) or interfere with any other party's use and enjoyment of any TSD Site/Service(s). You may not attempt to gain unauthorized access to any TSD Site/Service, other accounts, computer systems or networks connected to any TSD Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the TSD Sites/Services.
USE OF SERVICES
The TSD Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
* Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
* Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
* Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
* Use any material or information, including images or photographs, which is made available through the TSD Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
* Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
* Use of meta tag searches on the web sites.
* Advertise or offer to sell or buy any goods or services for any business purpose.
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses.
* Violate any applicable laws or regulations.
* Create a false identity for the purpose of misleading others.
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a TSD Site/Service(s) or other user or usage information or any portion thereof.
TSD has no obligation to monitor the Communication Services. However, TSD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TSD reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
TSD reserves the right at all times to disclose any information as TSD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TSD's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. TSD does not control or endorse the content, messages or information found in any Communication Service and, therefore, TSD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TSD spokespersons, and their views do not necessarily reflect those of TSD.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO TSD Rental LLC OR POSTED AT ANY TSD WEB SITE
TSD does not claim ownership of the materials you provide to TSD (including feedback and suggestions) or post, upload, input or submit to any TSD Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting TSD, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all TSD Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a TSD Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. TSD is under no obligation to post or use any Submission you may provide and TSD may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE TSD SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the TSD Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of TSD Rental LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the 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 or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, TSD Rental LLC hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular TSD Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TSD SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE TSD SITES/SERVICES AND TO THE INFORMATION THEREIN. TSD RENTAL LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TSD SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE TSD SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TSD RENTAL LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE TSD SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TSD INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT TSD RENTAL LLC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN TSD SITE/SERVICE. YOU SPECIFICALLY AGREE THAT TSD INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT TSD INC. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN TSD SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL TSD RENTAL LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TSD SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE TSD SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TSD SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE TSD SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TSD RENTAL LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TSD SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TSD SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that TSD may establish limits concerning use of any TSD Service offered on an TSD Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any TSD Service, the maximum number of e-mail messages that may be sent from or received by an account on any TSD Service, the maximum size of an e-mail message that may be sent from or received by an account on any TSD Service, the maximum disk space that will be allotted on TSD's servers on your behalf, and the maximum number of times and duration you may access any TSD Service in a given period of time.
You agree that TSD has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any TSD Service. You acknowledge that TSD reserves the right to log off accounts that are inactive for an extended period of time.
TSD RENTAL LLC MAKES NO WARRANTY THAT ANY TSD SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
TSD reserves the right, in its sole discretion, to terminate your access to any or all TSD Sites/Services and the related services or any portion thereof at any time, without notice.
TSD may also terminate or suspend your access to TSD Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by TSD. The amount of time that TSD currently considers as an "extended" period of time may be viewed in The TSD printed user documentation related to the particular service. Upon termination of the TSD Site/Service, your right to use the TSD Site/Service immediately ceases.
TSD shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
TSD will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay TSD liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay TSD's actual damages, to the extent such actual damages can be reasonably calculated.
GENERAL
This agreement is governed by the laws of the State of Massachusetts, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Essex County, Massachusetts , U.S.A. in all disputes arising out of or relating to the use of the TSD Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TSD as a result of this agreement or use of the TSD Sites/Services. You agree to indemnify and hold TSD, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the TSD Sites/Services. TSD reserves the right to disclose any personal information about you or your use of the TSD Sites/Services, including its contents, without your prior permission if TSD has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of TSD or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. TSD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TSD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TSD Sites/Services or information provided to or gathered by TSD with respect to such use. If any part of this agreement is 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TSD with respect to the TSD Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TSD with respect to the TSD Sites/Services. 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.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the TSD Web Sites are: Copyright (c) 1983 - 2002 TSD Rental LLC and/or its suppliers, 1620 Turnpike Street, North Andover, MA, 01845 U.S.A. All rights reserved.
TRADEMARKS. TSD, TSD RENTAL Management Software, THE CONTROLLER Car Rental System, SimplyRental Software, RENT2000, WebLink Reservation System, EDICAR Insurance Replacement System, and/or other TSD products and services referenced herein may also be either trademarks or registered trademarks of TSD in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
FOR INFORMATION REGARDING THE TSD.COM PRIVACY STATEMENT CLICK HERE.
Eligibility; Authorized Use
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use TSD Services, including the buying, selling and listing of items, and any other services offered on this site (collectively, the "Services") in accordance with all terms and conditions herein. If you are buying or selling goods using the Services, you further warrant that you have legal authority to enter into other binding agreements for the sale or purchase of goods. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number, and if you are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
Fees; Payment
TSD reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. TSD further reserves the right to alter any and all fees from time to time, without notice. Fee Schedules are available upon request from sales@tsd-inc.com.
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
Using the Services
TSD is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party's agent. TSD cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, TSD cannot control or warrant the behavior of the users of the Services. As such, your use of TSD Service is at your own risk, and TSD disclaims any liability with regard to use of the Services and any actions resulting from your or any other party's participation in the Services. You hereby agree to release TSD, its suppliers, service partners, agents, employees, consultants, officers and directors from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of TSD Services. Further, because TSD is not involved in any transactions between you and other users of the Services, TSD cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods.
Please Refer to the printed documentation or on-Line Help for specific TSD Products/services for additional procedures and guidelines for buying and selling goods on TSD Auctions & Classifieds are set forth here. You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services.
Without limitation, by listing an item for sale via TSD Services, you represent and warrant that you have the legal right to sell the item, that the item is not counterfeit, and that it is a genuine and authentic item as described by the seller; by making a bid or offer to purchase and item listed for sale on a TSD Service, you warrant that you have the legal right to make the bid and the resources to honor the bid.
It is your responsibility to determine whether the purchase or sale of any listed item is authorized by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the TSD Sites or Services: firearms, explosives, and ammunition; alcoholic beverages; tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; software; recordings of music on CD or cassette or in digital format; movies; video games; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party's rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are, in TSD's sole discretion, indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the Services, would cause TSD to violate any law, statute or regulation.
TSD reserves the right to cancel any user account or service contract at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.
TSD PHOTOS
In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the TSD Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private community (for each such Picture available to members of such private community), (b) to the general public (for each such Picture available anywhere on the TSD Web Site, other than a private community), and/or (c) to any person with whom you share Pictures through e-mail using the TSD Site/Services, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any TSD Site/Service, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such TSD Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the TSD Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture."
TSD RENTAL LLC BILLING
Charges on your Billing Account
TSD bills you through an a pre-defined and agreed account (your "Billing Account") for services and items obtained under this Agreement (the "Products"). You agree to pay TSD all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorize TSD to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Charges on your Billing Account will be summarized for you online (your "Online Statement"). You will have one Online Statement per Billing Account. TSD reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY TSD INC. IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://BILLING.TSD-INC.COM. IF YOU FAIL TO PROVIDE TSD RENTAL LLC ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT TSD INC. MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).
Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If TSD does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on your Online Statement or charged to your Billing Account or Payment Method.
If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and TSD shall so provide, notice of the amount to be charged and the date of the charge upon request. Any agreement you have with the Payment Method Provider will govern your use of your Payment Method. You agree that TSD may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
TSD RENTAL LLC MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE TSD INC. REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO HTTPS://BILLING.TSD-INC.COM.
Your non-termination or continued use of the Products on your Billing Account reaffirms that TSD is authorized to charge your Payment Method. TSD may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive TSD's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.
Refund Policies
Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the price plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at your expense.
Due Date: Late Charge; Collection Costs
The amount due to TSD for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by TSD, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by TSD on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. TSD reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.
Default
If TSD does not receive payment for any charge to your Billing Account, you will be in default and TSD may suspend or cancel your Billing Account and your access to any or all TSD Products. If your Payment Method Provider seeks return of payments previously made to TSD, but TSD in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and TSD may cancel your Billing Account and your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, TSD RENTAL LLC MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A TSD RENTAL LLC SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
Termination, Cancellation or Suspension
TSD may, in its discretion, terminate, cancel, or suspend an accepted order if TSD is notified that your Payment Method has expired or has been canceled, or if TSD has reason to believe that any Billing Account information provided to TSD is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or TSD, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before TSD could reasonably act on your termination notice ). You will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.
General
You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing Account. TSD may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
Disclosure to Receive All Information in Electronic Form
ALL INFORMATION THAT TSD RENTAL LLC IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SUBSCRIPTIONS, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM TSD RENTAL LLC, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. TSD RENTAL LLC WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR SUBSCRIPTIONS, SERVICES OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO A TSD INC. WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A TSD RENTAL LLC WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
Requesting Paper Copies
You may request a paper copy of any Required Information previously provided to you in electronic form by TSD for a period of one hundred and twenty (120) calendar days from the date that TSD first provided the Required Information to you; however, TSD may charge a reasonable fee for providing such paper copies. You may request paper copies by following the instructions from sales@tsd-inc.com
Hardware and Software Requirements
In order to receive Required Information electronically from TSD, you must have an e-mail address and submit it to TSD upon sign-up for any subscription, service or other item provided under this Agreement. Your computer also must have either Internet Explorer 5.x (or above) or Netscape Navigator 6.x (or above) and an e-mail software program capable of sending and receiving e-mail from TSD via the Internet. Finally, your computer must be capable of receiving, accessing, displaying, and either printing or storing, Required Information received in electronic form from TSD via a plain text-formatted e-mail or by access to a TSD web site using one of the browsers specified above.
Changes to Hardware and Software Requirements
In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print Required Information that TSD sends to you in electronic form only, TSD will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in the subscriptions, services or other items provided to you under this Agreement. You may, however, always choose to withdraw your consent to receive Required Information in electronic form according to the licensing terms of your service agreement without the imposition of any fees, but TSD may terminate your Billing Account and any subscriptions, services or other items provided to you if you do so.
Consent to Receive All Information in Electronic Form
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM TSD RENTAL LLC, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED TSD RENTAL LLC A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.
YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY VIEWING THE WEBSITE AT www.tsd-inc.om FOLLOWING THE INSTRUCTIONS WITHIN. HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, TSD RENTAL LLC MAY TERMINATE YOUR BILLING ACCOUNT AND ANY SUBSCRIPTIONS, SERVICES OR OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT.
TSD Privacy Statement
TSD is committed to protecting your privacy and developing technology that gives you the most powerful and secure online experience. This TSD Statement of Privacy applies to TSD's family of Web sites and governs data collection and usage at all TSD sites and services; it does not apply to other online or offline TSD sites, products or services. Please read the TSD Statement of Privacy below.
TSD is a rental industry audience web site, intended for users of 18 years of age and older. Personal information of all users is collected, used and disclosed as described in this Statement of Privacy. When a TSD service representative knows that a user is a child, all business activity will cease.
Collection of your Personal Information
At some sites, TSD collects personal information, such as your e-mail address, name, home or work address or telephone number. At other sites, TSD collects anonymous demographic information, that is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. Some sites collect a combination of the two types of information. In some cases, information collected by TSD may be combined with information obtained from other TSD services and other companies.
There is also information about your computer hardware and software that is automatically collected by TSD and may be shared with other Web sites within the TSD family of web sites. This information may include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by TSD for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of TSD.
Please keep in mind that if you directly disclose personal information through TSD Support, TSD Requests, or other public online forums, this information may be collected and used by others. Note: TSD does not read any of your private online communications, such as your local stored e-mails, and TSD Internet Access e-mails.
TSD encourages you to review the privacy statements of Web sites you choose to link to from TSD so that you can understand how those Web sites collect, use and share your information. TSD is not responsible for the privacy statements or other content on Web sites outside of the TSD and TSD family of Web sites.
Use of your Personal Information
TSD and its operational service partners collect and use your personal information to operate TSD and deliver the services you have requested. TSD also uses your personal information to inform you of other products or services available from TSD and its affiliates. TSD may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.
TSD keeps track of the Web sites and pages our customers visit within TSD, in order to determine what TSD sites and services are the most popular. This data is used to deliver customized content and advertising within TSD to customers whose behavior indicates that they are interested in a particular subject area.
TSD does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
TSD may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on TSD or the site; (b) protect and defend the rights or property of TSD, including its TSD family of Web sites; or (c) act under exigent circumstances to protect the personal safety of users of TSD, its web sites, or the public.
Personal information collected on this site may be stored and processed in the United States or any other country in which TSD or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. TSD abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
Control your Personal Information
There are some TSD services, including TSD Support and TSD Fax Updates that send out periodic e-mails informing you of technical service issues, product surveys, new feature announcements and news about TSD products and services. You will not be able to unsubscribe to these mailings, as they are considered a part of the service you have chosen.
Security of your Personal Information
TSD strictly protects the security of the personal information you provide. TSD secures the personal information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When highly confidential information (such as a credit card number) is transmitted over the Internet, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Use of Cookies
TSD uses "cookies" to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize TSD's pages, or register with TSD sites or services, a cookie helps TSD to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to TSD, the information you previously provided can be retrieved, so you can easily use the TSD features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the TSD services or Web sites you visit.
Use of Third Party Ad Networks
The majority of the online banner advertisements you see on TSD Web pages are displayed by TSD.
In addition, TSD allows other companies, called third-party ad servers or ad networks, to display advertisements on TSD Web pages. Some of these ad networks may place a persistent cookie on your computer. Doing this allows the ad network to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. TSD does not have access to or control of the cookies that may be placed by the third-party ad servers or ad networks.
Enforcement of this Statement of Privacy
If you have questions regarding this statement, you should first contact TSD via e-mail sales@tsdweb.com . If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TSD Customer Service (800) 743-1200 or (978) 794-1400 this department serves as a liaison with TSD departments to resolve your concerns.