Terms of use
TATA Construction Management, LLC – Legal Terms of Use
Last Update April 7th, 2016
These
Legal Terms of Use “Terms” are entered into by and between You and TATA
Construction Management LLC (“TATA” or “We”). In consideration of your
use and access to http://www.itata.org (the “Site”), and the promises
and obligations herein, and intending to be legally bound, You and TATA
hereby agree as follows:
Your access to and use of the
Site is subject to these Terms, which incorporates the separately posted
TATA Privacy Policy, as well as any modifications to them and all
applicable laws and regulations. If you do not want to be bound by these
Terms, then do not use the Site.
Changes in Terms
TATA
shall have the right at any time and without prior notice, at its sole
discretion, to modify these Terms or to impose new terms with respect to
access to or use of the Site. Such modifications and additions shall be
effective immediately upon notice thereof, which may be given by any
means, including posting the modified or additional terms on the Site.
You are responsible for reviewing these Terms periodically for any
modification to these Terms that may affect your rights or obligations
hereunder. You agree that you shall be deemed apprised of and bound by
any modification by TATA of these Terms. ANY ACCESS OR USE OF THE SITE
BY YOU AFTER NOTICE OF MODIFICATIONS OR ADDITIONS TO THESE TERMS SHALL
CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH MODIFICATIONS OR
ADDITIONS. No modification to these Terms by any party other than TATA
shall be valid or enforceable against TATA unless expressly agreed to by
TATA in writing signed by a duly authorized officer of TATA.
Termination
These
Terms are effective until terminated by TATA. TATA may terminate these
Terms without notice and at any time in connection with the Site. In
the event of termination, You are no longer authorized to access the
Site. The disclaimers, indemnities, and limitations of liability set
forth in these Terms shall survive termination.
TATA
shall also have the right without notice and at any time to terminate
access to or use of some or all of the Site, or any features of the
Site, or to terminate any individual’s access to or use of the Site or
any features of the Site.
Compliance With Laws
You
agree to comply with all applicable laws, statutes, ordinances, and
regulations regarding Your use of the Site. You must be 18 years or
older to use the Site.
Content
All
material on the Site including without limitation all text, images,
photographs, graphics, logos, illustrations, descriptions, data, audio,
video, messages, files, documents, derivative works, and other
materials, whether publicly posted or privately transmitted, provided by
TATA, as well as the selection, assembly, and arrangement thereof are
referred to collectively as the “Content”.
The Content
may contain errors, omissions, or typographical errors or may be out of
date. TATA may update any Content at any time and without prior notice.
The Content is provided for informational purposes only and is not
binding on TATA in any way except to the extent it is specifically
indicated to be so.
Unless otherwise noted, all Content
is protected by copyrights, trademarks, service marks, and other
proprietary rights that are owned by TATA or by third parties that have
licensed their use to TATA. TATA disclaims any proprietary interest in
trademarks, service marks, logos, slogans, domain names, and trade names
other than its own. Trademarks, service marks, logos, and slogans
displayed on the Site are the intellectual property of either TATA or
other third parties. You agree not to display or use such marks without
TATA’s prior written permission.
You may view and use
the Content only for Your personal information and for no other purpose,
and You shall retain intact all copyright and other proprietary
notices. Except as provided in the foregoing, TATA does not grant to You
or any person any right to use, reproduce, copy, modify, transmit,
display, publish, sell, license, create derivative works, publicly
perform, or distribute by any means, method or process whatsoever, now
known or hereafter developed, any of the Content on the Site, including
without limitation by transferring, downloading, or otherwise copying.
The use of any device, software, or routine that interferes or attempts
to interfere with the proper working of the Site is expressly
prohibited.
Linked Third Party Sites
Links
to other Internet sites operated by third parties do not constitute
sponsorship, endorsement, or approval by TATA of the content, policies,
or practices of such linked sites. Linked sites are not operated,
controlled, or maintained by TATA, and TATA is not responsible for the
availability, content, security, policies, or practices of linked sites,
including without limitation privacy policies and practices. Links to
other sites are provided for your convenience only, and You access them
at Your own risk.
Disclaimer and Limitation of Liability as to the Site and Content
TATA
MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE
SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF
ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE
ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, OR
MATERIALS. TATA ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO
OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF
ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR
ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR
THROUGH THE SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF
CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING
THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions
do not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to You. Check Your local laws for any
restrictions or limitations regarding the exclusion of implied
warranties.
UNDER NO CIRCUMSTANCES SHALL TATA, ITS
SERVICE PROVIDERS, OR CONTRACTORS, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, OR
PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE,
ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF THE SITE OR ANY LINKED
SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER
SYSTEMS OR OTHERWISE, EVEN IF TATA IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Indemnification
You
agree to defend, indemnify, and hold harmless TATA, its service
providers and contractors, and their respective directors, officers,
employees, and agents from and against all claims, losses, damages,
liabilities, and costs (including without limitation reasonable
attorney’s fees and court costs), arising out of or relating to Your
breach of these Terms or Your access to or use of the Site. The
foregoing indemnification obligation shall survive termination of these
Terms and the operation of the Site.
Jurisdiction
This
Agreement shall be governed by and construed in accordance with the
laws of the State of Texas, without regard to conflict of law
provisions. Additionally, any claims brought against TATA shall be
governed by and construed in accordance with the laws of Texas. Sole and
exclusive jurisdiction for any action or proceeding arising out of or
related to this Agreement or use of the Site shall be in the state and
federal courts located in Harris County, Texas.
Miscellaneous
These
Terms constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to the subject matter
hereof. No waiver by TATA of any breach of default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from
the Terms and shall not affect the validity and enforceability of any
other provisions of the Terms. The headings and captions in these Terms
are intended for convenience only and shall in no way affect the
interpretation of the Terms.
TATA shall not be liable
for any nonperformance or delay in performance caused by any act beyond
its reasonable control, including without limitation acts or omissions
of third parties, war, fire, flood, or any other Act of God, any law,
regulation, ordinance, or other act or order of any court, government,
or government agency, or delays, unavailability, errors, or other
failures of the Internet or other data networks.
TATA
shall not be liable for any nonperformance or delay in performance
caused by any act beyond its reasonable control, including without
limitation acts or omissions of third parties, war, fire, flood, or any
other Act of God, any law, regulation, ordinance, or other act or order
of any court, government, or government agency, or delays,
unavailability, errors, or other failures of the Internet or other data
networks.
If you have any questions or comments about our Legal information, you can contact us at 832-475-4967.