Terms of Use for The Sustainability Consortium Member Website
Last
Modified: March 6, 2017
Acceptance
of the Terms of Use
The Sustainability Consortium is a collaboration by
and between the Arizona Board of Regents, acting for and on behalf of Arizona
State University, a public research and educational institution, and the Board
of Trustees of the University of Arkansas, acting for and on behalf of the
University of Arkansas, Fayetteville, a public research and educational
institution (collectively, “TSC”). TSC
offers the following terms and conditions, together with any documents and
policies they expressly incorporate by reference (collectively, these "Terms of Use"), which govern your access to and use
of the TSC Member Website, including any content, functionality and services
offered on or through the TSC Member Website (the "Member
Site").
Please read the Terms of Use carefully before you
start to use the Member Site. By
clicking to accept or agree to the Terms of Use when you register for this Member
Site and any time thereafter when you log into the Member Site, you accept and
agree to be bound and abide by these Terms of Use then
in effect. If you do not want to
agree to these Terms of Use, you must not register to access or use, or
otherwise log into or use, the Member Site.
This Member Site is offered
and available to users who are affiliated with an existing organizational member
of TSC (“TSC Member”) or whom TSC has expressly authorized to access and use
this Member Site. By registering to use
and/or using this Member Site, you represent and warrant that you are of legal
age to form a binding contract with TSC and that you meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, please
contact TSC at http://www.sustainabilityconsortium.org/contact/ for information
on how you may become eligible.
Changes to the Terms of Use
TSC may revise and update these Terms of Use from
time to time in our sole discretion. All changes are effective immediately when
TSC posts them and apply to all access to and use of the Member Site
thereafter. Whenever TSC makes any material changes to these Terms of Use, TSC
will post a notice to that effect on the login page.
Your logging into and/or continued
use of the Member Site following the posting of revised Terms of Use constitutes
your acceptance and agreement to the changes. You are
expected to check the login page each time you access this Member Site
so you are aware of any changes, as they are binding on you.
Accessing the Member Site and Account Security
To access the Member Site, you will be required to
register for an account and asked to provide certain registration details or
other information. It is a condition of your registration and continued use of
the Member Site that all the information you provide on the Member Site is and
remains correct, current and complete.
You are responsible for:
·
Making all arrangements necessary for you to
have lawful and authorized access to the Member Site.
·
Maintaining the confidentiality of your user
name and password (“Login Credentials”)
·
All use of the Member Site by any person who has
logged into the Member Site with your Login Credentials
·
Reading, abiding by and complying with the TSC Antitrust
Policy
·
Reading, abiding by and complying with the TSC
Marketing Policy
You must treat your Login Credentials as
confidential, and you must not disclose them to any other person or entity. You
also acknowledge that your account is personal to you and agree not to provide
any other person with access to this Member Site or portions of it using your
user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user
name or password or any other breach of security. You also agree to
ensure that you exit from your account at the end of each session. You should
use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other
personal information.
TSC has the right to disable any Login Credentials,
including but not limited to any user name, password or other identifier,
whether chosen by you or provided by us, at any time in our sole discretion for
any or no reason, including if, in our opinion, you have violated any provision
of these Terms of Use.
TSC reserves the right to withdraw or modify this Member
Site, and any service or material TSC provides on the Member Site, in our sole
discretion without notice. TSC will not be liable if for any reason all or any
part of the Member Site is unavailable at any time or for any period. From time
to time, TSC may restrict access to some parts of the Member Site, or the
entire Member Site.
Intellectual Property Rights
The Member Site and its entire
contents, features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design,
selection and arrangement thereof) (collectively, the “Materials”), are owned
by University of Arkansas and Arizona State University, its licensors or other
providers of such material and are protected by United States and international
copyright, trademark, and other intellectual property or proprietary rights
laws. The Materials includes, without limitation, the following:
·
the TSC Body of Knowledge – a compilation of research, articles,
publications, data, expert commentary, market data, dossiers and other original
and third party materials across a broad spectrum of consumer product
categories that are pertinent to the sustainability aspects of a consumer
product over its entire life.
·
the TSC Sustainability
Toolkits (whether already published or currently under development), consisting
of Category Sustainability Profiles (CSP) and Category Sustainability Snapshot
(CSS).
These Terms of Use permit you to access and use the Member
Site for personal, non-commercial and internal business use only. Without TSC’s prior written consent, you may
not reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store or transmit any of the
material on the Member Site, except as follows:
·
Your computer may temporarily store copies of
such materials in RAM incidental to your accessing and viewing those materials.
·
You may store files that are
automatically cached by your Web browser for display enhancement
purposes.
·
You may print or download one copy of a
reasonable number of pages of the Materials available on the Member Site for
your own personal, non-commercial use and/or internal business use, provided
that it is not for further reproduction, publication or distribution outside of
the TSC member organization with which you are associated.
You must not:
·
Modify the Materials on this site, except in the course of providing commentary or feedback to
TSC.
·
Use any illustrations, photographs, video or
audio sequences or any graphics separately from the accompanying text or
Materials of which they are a part.
·
Delete or alter any copyright, trademark or
other proprietary rights notices from copies of Materials on this site.
·
Access or use for any commercial purposes, other
than in connection with your participation as a TSC member, any part of the Member
Site or any services or Materials available through the Member Site.
If you wish to make any use of material on the Member
Site other than that set out in this section, please contact http://www.sustainabilityconsortium.org/contact/.
If you print, copy, modify, download or otherwise use
or provide any other person with access to any part of the Member Site in
breach of the Terms of Use, your right to use the Member Site will cease
immediately and you must, at our option, return or destroy any copies of the Materials
you have made. No right, title or interest in or to the Member Site or any
Materials or other content on the Member Site is transferred
to you, and all rights not expressly granted are reserved by TSC. Any use of
the Member Site not expressly permitted by these Terms of Use is a breach of
these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The TSC name, TSC logo, and all related product and
service names, logos, designs and slogans are trademarks of TSC. You must not
use such marks without the prior written permission of TSC. All other names,
logos, product and service names, designs and slogans on this Member Site are
the trademarks of their respective owners.
User Contributions
The Member Site is intended,
in part, to be a collaborative environment in which TSC Members can interact
with TSC and other members for the purpose of advancing the TSC mission,
building upon the existing TSC Body of Knowledge and developing and improving
the TSC Product Sustainability Toolkits.
The Member Site is developed on the MS SharePoint
platform and from time to time may contain message boards, collaboration sites,
forums, and other interactive features (collectively, "Interactive Services") that allow users to post,
submit, publish, display or transmit to other users or other persons
(hereinafter, "post") ideas, comments, content
or materials (collectively, "User Contributions")
on or through the Member Site.
User Contributions you post to the site will be considered non-confidential. By posting a User
Contribution on the Member Site, you grant TSC and its service providers, and
each of their successors and assigns, the right to use, reproduce, modify,
perform, display, distribute and otherwise disclose to third parties any such
material on the TSC Member Site, without the expectation or payment of any
compensation of any kind. In addition, with respect to any User Contributions to the development
and/or improvement of the TSC Body of Knowledge and/or the TSC Product
Sustainability Toolkits, you acknowledge and agree that TSC shall have, and you
hereby grant TSC, its successor and assigns, the perpetual and worldwide right
to use, incorporate, reproduce, edit, modify, publish, display and distribute
your User Contributions in connection with the TSC Body of Knowledge and/or TSC
Product Sustainability Toolkits, and to commercialize, license, sell and
otherwise dispose of such TSC products and services, without any obligation to
compensate you or your company.
Notwithstanding the foregoing, in no event shall these
Terms of Use be construed as an assignment of any intellectual property
rights belonging to any TSC Member.
You represent and warrant that when posting User
Contributions:
·
Your User Contribution will be original to you,
or to the extent it is not original to you, you have all rights and authority
to post such User Contribution for use by TSC in accordance with these Terms of
Use
·
All of your User Contributions do and will
comply with these Terms of Use.
You understand and acknowledge that you are
responsible for any User Contributions submitted under your account, and you,
not TSC, have full responsibility for such content, including its legality,
reliability, accuracy and appropriateness.
TSC is not
responsible, or liable to you or any third party, for the content or accuracy
of any User Contributions posted by you or any other user of the Member Site.
You agree that your use of the Member Site, including but not limited to
through the use of any Interactive Services on the Member Site, is governed by TSC’s
Antitrust Policy shown in Appendix 1, and that you will comply in all respects
with the Antitrust Policy while using the Member Site.
Prohibited Uses
You may use the Member Site only for lawful purposes
and in accordance with these Terms of Use. You agree not to use the Member Site:
·
In any way that violates TSC’s Antitrust Policy,
shown in Appendix 1 and/or Marketing Policy, shown in Appendix 2
·
In any way that violates any applicable federal,
state, local or international law or regulation (including, without limitation,
any laws regarding the export of data or software to and from the US or other
countries).
·
For the purpose of
exploiting, harming or attempting to exploit or harm others in any way by
exposing them to inappropriate content, asking for personally identifiable
information or otherwise.
·
To send, knowingly receive, upload, download,
use or re-use any material which does not comply with these Terms of Use.
·
To transmit, or procure the sending of, any advertising
or promotional material, including any "junk mail", "chain
letter" or "spam" or any other similar solicitation.
·
To impersonate or attempt to impersonate TSC, a
TSC employee, a TSC member, another Member Site user or any other person or
entity (including, without limitation, by using e-mail addresses or user names
associated with any of the foregoing).
·
To engage in any other conduct
that restricts or inhibits anyone's use or enjoyment of the Member Site, or
which, as determined by us, may harm TSC, other users of the Member Site, the
University of Arkansas, the Board of Trustees of the University of Arkansas,
Arizona State University, or the Arizona Board of Regents, or may expose any of
them to liability of any kind or nature.
Additionally, you agree not to:
·
Use the Member Site in any manner that could
disable, overburden, damage, or impair the site or interfere with any other
party's use of the Member Site, including their ability to engage in real time
activities through the Member Site.
·
Use any robot, spider or other automatic device,
process or means to access the Member Site for any purpose, including
monitoring or copying any of the Materials on the Member Site.
·
Use any manual process to monitor or copy any of
the Materials on the Member Site or for any other unauthorized purpose without
our prior written consent.
·
Use any device, software or routine that
interferes with the proper working of the Member Site.
·
Introduce any viruses, trojan horses, worms, logic bombs or other material
which is malicious or technologically harmful.
·
Attempt to gain unauthorized access to,
interfere with, damage or disrupt any parts of the Member Site, the server on
which the Member Site is stored, or any server, computer or database connected
to the Member Site.
·
Attempt
to gain unauthorized access to, interfere with, damage or disrupt any other
user account on the Member Site
·
Attack the Member Site via a denial-of-service
attack or a distributed denial-of-service attack.
·
Otherwise attempt to
interfere with the proper working of the Member Site.
Your User Contributions must not:
·
Contain any material which
is defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory or otherwise objectionable.
·
Promote sexually explicit or pornographic
material, violence, or discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age.
·
Infringe any patent, trademark, trade secret,
copyright or other intellectual property or other rights of any other person.
·
Violate the legal rights (including the rights
of publicity and privacy) of others or contain any material that could give
rise to any civil or criminal liability under applicable laws or regulations or
that otherwise may be in conflict with these Terms of Use.
·
Be likely to deceive any person.
·
Promote any illegal activity, or advocate,
promote or assist any unlawful act.
·
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any
other person.
·
Impersonate any person, or misrepresent your
identity or affiliation with any person or organization.
·
Involve commercial activities or sales, such as
contests, sweepstakes and other sales promotions, barter or advertising.
·
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is
not the case.
Monitoring and Enforcement; Termination
TSC has the right to:
·
Remove or refuse to post any User Contributions
for any or no reason in our sole discretion.
·
Take any action with respect
to any User Contribution that TSC deems necessary or appropriate in our sole
discretion, including if TSC believes that such User Contribution violates the
Terms of Use, infringes any intellectual property right or other right of any
person or entity, threatens the personal safety of users of the Member Site or
the public or could create liability for TSC, the University of Arkansas, the
Board of Trustees of the University of Arkansas, Arizona State University, or
the Arizona Board of Regents.
·
Disclose your identity or other information
about you to any third party who claims that material posted by you violates
their rights, including their intellectual property rights or their right to
privacy.
·
Take appropriate legal action, including without
limitation, referral to law enforcement, for any illegal or unauthorized use of
the Member Site.
·
Terminate or suspend your access to all or part
of the Member Site for any or no reason, including without limitation, any
violation of these Terms of Use.
Without limiting the foregoing, TSC has the right to fully cooperate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or other information
of anyone posting any materials on or through the Member Site. YOU WAIVE AND HOLD HARMLESS TSC, THE UNIVERSITY OF ARKANSAS, THE
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ARIZONA STATE UNIVERSITY, OR
THE ARIZONA BOARD OF REGENTS (COLLECTIVELY, THE “TSC PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY
ACTION TAKEN BY ANY OF THE TSC PARTIES DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, TSC cannot and does not undertake to review
all material before it is posted on the Member Site,
and cannot ensure prompt removal of objectionable material after it has been
posted. Accordingly, TSC assumes no liability for any action or inaction
regarding transmissions, communications or content provided by any user or
third party.
Copyright Infringement Claims
The Digital Millennium Copyright Act (DMCA) provides
recourse to copyright owners who believe that their rights under the United
States Copyright Act have been infringed by acts of
third parties over the Internet. If you believe that any User Contributions,
Materials or other content violate your copyright, you may send us a notice of
copyright infringement in accordance with the following instructions. For your notice to be effective, it must be
addressed and delivered to TSC’s Designated Agent (listed below) and include
the following information:
·
A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
·
A description of the copyrighted work that you
claim has been infringed upon;
·
A description of where the material that you
claim is infringing is located on this Website;
·
Information reasonably sufficient to permit the
service provider to contact the complaining party, such as address, telephone
number, and, if available, an e-mail address at which the complaining party may
be contacted;
·
A statement by you that you have a good-faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and
·
A statement that the information in the
notification is accurate and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
TSC’s Designated Agent is:
TSC Designated
Agent
c/o Mike Faupel
Walton College
of Business
534 West
Research Center Boulevard
ENTR120
Fayetteville,
AR72701
Reliance on Information Posted
The information presented on or through the Member
Site is made available solely for general information
purposes. TSC does not warrant the accuracy, completeness or usefulness of this
information. Any reliance you place on such information is strictly at your own
risk. TSC disclaims all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to the Member Site, or by
anyone who may be informed of any of its contents.
This Member Site includes content authored and/or provided
by third parties, including materials provided by other users, third-party
licensors, syndicators, aggregators and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to
questions and other content are solely the opinions and the responsibility of
the person or entity providing those materials. These materials do not
necessarily reflect the opinion(s) of the TSC Parties. The TSC Parties are not
responsible, or liable to you or any third party, for the content or accuracy
of any materials provided by any third parties.
Changes to Content on the Member
Site
TSC may update the content on this Member Site from
time to time, but its content is not necessarily complete or up-to-date. Any of
the material on the Member Site may be out of date at any given time, and TSC
are under no obligation to update such material.
Linking to the TSC Site
You may link to TSC’s Member Portal
homepage (tscmembers.org), provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part without our express written consent.
Subject to the foregoing, you must not:
·
Establish a link from any website that is not owned by you.
·
Cause the Member Site or portions of it to be
displayed, or appear to be displayed by, for example, framing, deep linking or
in-line linking, on any other site.
·
Link to any part of the Member Site or to any
part of the TSC website other than the homepage.
·
Otherwise take any action with respect to the content
and Materials on this Member Site that is inconsistent with any other provision
of these Terms of Use.
You agree to cooperate with us in causing any
unauthorized framing or linking immediately to cease. TSC reserve the right to
withdraw linking permission without notice.
Links from the Member Site
If the Member Site contains links to other sites and resources provided by third parties, these
links are provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored
links. TSC has no control over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third party websites
linked to this Member Site, you do so entirely at your own risk and subject to
the terms and conditions of use for such websites, including but not limited to
their respective privacy policies.
Geographic Restrictions and Data Processing in United States of America
The Member Site is hosted in
the United States of America. TSC makes
no claims that the Member Site or any of its content is accessible or
appropriate outside of the United States. Access to the Member Site may not be
legal by certain persons or in certain countries. If you access the Member Site
from outside the United States, you do so on your own accord and are
responsible for compliance with all laws (local and otherwise) governing such
access. You also consent to the
collection, processing and storage in the United States of America of any and all data, including personal information, that you
submit through the Member Site.
Disclaimer of Warranties
You understand that TSC cannot and does not guarantee
or warrant that files available for downloading from the internet or the Member
Site will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output,
and for maintaining a means external to our site for any reconstruction of any
lost data. THE TSC PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MEMBER
SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEMBER SITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE MEMBER SITE,
ITS CONTENT AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE MEMBER SITE IS
AT YOUR OWN RISK. THE MEMBER SITE, ITS CONTENT AND ANY SERVICES OR MATERIALS
OBTAINED THROUGH THE MEMBER SITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE TSC PARTIES NOR ANY PERSON ASSOCIATED WITH THE TSC
PARTIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MEMBER SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE TSC PARTIES NOR ANYONE
ASSOCIATED WITH THE TSC PARTIES REPRESENTS OR WARRANTS THAT THE MEMBERS, ITS
CONTENT OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE MEMBER SITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE MEMBER SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MEMBER SITE OR ANY SERVICES
OR MATERIALS OBTAINED THROUGH THE MEMBER SITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
THE TSC PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, INDEMNIFICATION
FOR INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT APPLY TO AFFECT ANY IMPLIED WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE TSC PARTIES OR
THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MEMBER SITE, ANY WEBSITES
LINKED TO IT, ANY CONTENT ON THE MEMBER SITE OR SUCH OTHER WEBSITES OR ANY
SERVICES OR MATERIALS OBTAINED THROUGH THE MEMBER SITE OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY
TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and
hold harmless the TSC Parties, licensors and service providers, and their
respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including
reasonable attorneys' fees) arising out of or relating to your violation of
these Terms of Use or your use of the Member Site, including, but not limited to,
your User Contributions, any use of the Member Site's content, services and
products other than as expressly authorized in these Terms of Use or your use
of any information obtained from the Member Site.
Governing Law and Jurisdiction
The Terms of Use shall be governed by and construed in
accordance with the state and federal laws of the United States of America
without reference to the conflicts of law principles.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT
OF OR RELATING TO THESE TERMS OF USE OR THE MEMBER SITE MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by TSC of any term or
condition set forth in these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of the TSC Parties to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or
provision. In addition, nothing
in these Terms of Use shall be construed to waive the
sovereign immunity of any of the TSC Parties.
If any provision of these Terms of Use is held by a
court or other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the Terms of Use will
continue in full force and effect.
Entire Agreement
The Terms of Use, and all documents and policies
referenced and incorporated herein, constitute the sole and entire agreement
between you and TSC with respect to the Member Site and supersede all prior and
contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to the Member Site.