Tgp site software

If a Separate Agreement is not in place with respect to your use of any Software, the following provisions govern your use of such Software: a. You will not access or download any Software through or from our Sites or otherwise unless we have granted you with express permission for such access or downloading; b.

Subject to Your compliance with all provisions of these Terms of Use, we grant you a personal, nontransferable, royalty-free, and nonexclusive license to use the Software solely on or in conjunction with computers that are accessible by and operated by your authorized employees located within the United States of America excluding its territories and possessions and Canada, and solely for the internal business purpose of evaluating our products and applications to determine if you will license them from us under a Separate Agreement which purpose prohibits you from using the Software or any portion thereof as a part of your point-of-sale system or website ; c.

We may terminate your right to use the Software or any portion thereof granted under paragraph Nevertheless, if not earlier terminated, as provided in the prior sentence in this paragraph Upon any termination or expiration of your right to use the Software, you shall immediately discontinue your use of such Software, and, at our option, return to us or destroy all copies of such Software, as well as all portions of any derivative works that are based upon or incorporate any portion of such Software.

Any such notice of termination or expiration of your rights under paragraph If you continue to use the Software after your right to use it has terminated or expired, and in addition to any other remedies we may have, we may charge you and you agree to pay our customary fees for use of the Software, as reasonably determined by us; d. You shall not use the Software in a time-sharing service or a service-bureau operation or in or with any internal network or the Internet without our express prior written consent; e.

You shall not, nor shall You suffer or permit any other person or entity, directly or indirectly, to use, sell, lease, disclose, perform, display, use, grant access to, assign, distribute, license, sublicense, transfer, dispose of, or otherwise exploit the Software, or any portion thereof, in any manner or to any person or entity, except as expressly authorized in these Terms of Use; f.

You shall not make, have made, or permit or suffer to be made any copy, duplication or reproduction of or derivative works from the Software, except for your internal use for the purpose specified in paragraph You shall not, nor shall you suffer or permit any other person or entity, directly or indirectly, to reverse compile, reverse engineer, or disassemble the Software or any portion thereof.

You shall not, and you shall not permit or suffer any other person or entity, without our prior written consent, to access or use the Software or any portion thereof in any manner that infringes or otherwise violates any intellectual property right or other right of ours or any of our affiliates or sources: i for production purposes; or ii for any other benchmarking or competitive purposes, including building a competitive product or service; i.

We are not required to furnish you or any other party with any assistance or support of any kind whatsoever related to the Software, and all expenses incurred in your use of the Software will be borne solely by you.

We may exercise all rights incident and related to ownership of the Software. We have the sole right to make, hold, use, sell, lease, disclose, manufacture, reproduce, duplicate, copy, display, perform, distribute, import, export, transfer, license, sublicense, assign, make derivative works from, and otherwise exploit the Software, any related products and services, and any portion of any of them, throughout the world for any and all purposes and with respect to us, our affiliates, and any and all other persons and entities.

Notwithstanding any provision of these Terms of Use to the contrary, if these Terms of Use are amended by us, as provided in these Terms of Use, after you have downloaded the Software, such amendment will not apply to your use of the Software the Terms of Use without such amendment will continue to govern your use of the Software , but the Terms of Use, as amended, will govern your use of our Sites and all other aspects of the Site Content and the Services.

If you have downloaded Software from our Sites prior to these Terms of Use first being posted on such Site, the first version of the Terms of Use posted on such Site shall govern your use of such Software. To the extent that the provisions of any Separate Agreement are in conflict with any of the provisions of these Terms of Use, the provisions of the Separate Agreement shall govern and control your use and termination of use of such Software.

Notwithstanding the above, please note that any payments you are required to make under a Separate Agreement may only be made by check, cashiers check, money order, or electronic funds transfer, and may not be made by credit card or debit card.

Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. These Terms of Use will be binding upon and inure to the benefit of the parties and each of their respective assigns and successors-in-interest.

We may assign our rights or delegate our duties under these Terms of Use, but you may not assign your rights or delegate your duties under these Terms of Use without our prior written consent. Except as expressly provided otherwise in these Terms of Use, no third party will have any rights as a third party beneficiary under these Terms of Use.

Time is of the essence in the performance of each and every obligation under these Terms of Use. The captions and headings in this Agreement will not be used in interpreting these Terms of Use.

No delay or omission in the exercise of any right or remedy will impair such right or remedy or be construed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our products or services.

Any rights that we have not expressly granted herein are reserved. All other trademarks, service marks, and trade names not owned by us that appear in our Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Any such controversy, dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated with any arbitration regarding any claim, dispute or controversy of any other party.

Within ten 10 days after the filing of any request to arbitrate, the parties will each select an arbitrator, and the selected arbitrators will select the Arbitrator within thirty 30 days after the date of such filing. If either party refuses or fails to select an arbitrator within the designated time period, the Association will select the arbitrator on behalf of such party.

If the arbitrators selected by the parties refuse or fail to select the Arbitrator within the designated time period, then on the request of any party, the Association will select the Arbitrator.

Each of the selected arbitrators and the finally appointed Arbitrator will be recognized by the Association as a legal expert in the field of business software practices in the automotive industry. The parties hereby irrevocably agree that the arbitration will be held within the County of Palm Beach, Broward, or Miami-Dade, State of Florida, USA, and will apply the laws of the State of Florida without regard to their conflicts of law principles.

The Arbitrator may award any and all remedies and relief deemed appropriate under the circumstances, including money damages and injunctive relief.

If any party fails to provide any response or to appear at any arbitration proceeding, the Arbitrator will proceed with the arbitration without such response or appearance.

At the conclusion of the arbitration, the Arbitrator will issue a written award containing essential findings of fact and reasoned opinions and conclusions on which the award is based. The final award rendered by the Arbitrator will be binding, final and non-appealable. Judgment upon any arbitration may be entered in any court having competent jurisdiction thereof.

The costs of arbitration and the Arbitrator's fees in connection with any such arbitration will be shared equally by the parties unless the Arbitrator determines that the party or parties prevailing in the arbitration shall bear a lesser portion thereof.

Except as may be required by applicable law, no party, arbitrator, Arbitrator, or the Association will disclose the existence, content, or results of any arbitration hereunder without the express prior written consent of both you and us. Notwithstanding the above, any party may bring an action in any court of proper jurisdiction with respect to any claim having a reasonable value of U. NOTICES All notices or other communications required or permitted to be given to us under these Terms of Use shall be in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery, to us at TGP Solutions LLC, S.

All notices or other communications required or permitted to be given to you under these Terms of Use shall be to the email address that you provide to us. Notice shall be deemed given when the email is sent to such email address. Alternatively, we may provide you with notice or communication by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery.

In the case of any communication by mail or courier, delivery shall be deemed to have occurred upon receipt of such communication by the recipient thereof. Nothing in this Section 19 shall be construed to negate or limit the obligation to arbitrate claims and disputes under Section 17, above.

These Terms of Use may only be amended as provided above, or by a writing signed by you and us. Any amended Terms of Use shall become effective immediately after posting on our Sites.

It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave our Sites and cease all use of our Sites, the Site Content including the Software , and the Services. This Policy discloses our personal information privacy practices. We operate the www. The Sites are intended for use by residents of the U. Each Site is governed by Terms of Use. By accepting the Terms of Use for each Site, you also consent to our collection, use and disclosure of your personal information, as provided in this Privacy Policy.

Capitalized terms used in this Privacy Policy have the definitions given such terms in the Terms of Use for each Site unless otherwise defined in this Privacy Policy. If you have entered into a Separate Agreement such as a license with us for use of our products and services including Services and Software, as defined in the Terms of Use , the provisions of the Separate Agreement will govern use and disclosure of all personal information and other information related to the Separate Agreement.

If there is any conflict between this Privacy Policy and a Separate Agreement that governs any information, the Separate Agreement will take priority over this Privacy Policy with respect to that conflict and information.

Children are not eligible to use the services available on our Sites and we ask that minors under the age of 18 do not submit any personal information to us.

If you are a minor, you can use our Site Services only in conjunction with your parents or guardians. In order to open a Client account, our representative collects personal information, such as your name, title, company name, address, email address, telephone numbers, and fax numbers. Our representative may also assign you a Client user name and password when your Client account is opened.

For example, you may provide website development and maintenance services to a Client. In order to open a Developer account, our representative collects personal information, such as your name, title, company name, address, email address, telephone numbers, and fax numbers.

Our representative may also assign you a Developer user name and password when your Developer account is opened. For purposes of this Privacy Policy, Developer accounts, user names and passwords are considered to be the same as, and are treated the same as, Client accounts, user names and passwords, respectively. When you contact us by telephone, email or another means such as to submit a question, comment or suggestion on the Sites, or request assistance with logging onto the Sites or accessing your Client account , we may collect personal information, such as your name, telephone number, email address, Client account information if you are a Client or Developer , and other information you choose to disclose to us.

If so, you will typically be required to enter into a Separate Agreement for use of such TGP products. In entering into this Separate Agreement, we collect personal information, such as your name, title, company name, address, email address, telephone number, company entity type and formation jurisdiction, company website address, your IP address, and other information related to the Separate Agreement.

We may collect similar information each time a Separate Agreement is amended or supplemented and when you download an update to any TGP product. The Separate Agreement also typically specifies the TGP products licensed, the pricing structure, use and data limitations, and other provisions and information. This information is described below.

Cookies and Other Web Technologies When you access our Sites as a Client or visitor, we may collect information about your computer and assign you a "cookie" a small, unique identifier text file. You do not provide this information -- it is collected automatically as a means of supporting your use of our Sites.

The cookie may or may not contain any personal information. You can always choose to not receive a cookie file by enabling your web browser to refuse cookies or to prompt you before accepting a cookie. Be advised that, by refusing to accept a cookie, you may not be able to access some services offered by us on our Sites.

Computer Information We may collect certain technical information from your computer each time you request a page during a visit to our Sites. This information is collected from your computer's Web browser and may include your IP address, operating system, web browser software e. Wireless users if you are using your cellular phone or other mobile device to access the Internet should check with their wireless company to understand whether personal information may be used to identify them.

We may also use your email address, address, telephone number, and other contact information to contact you in matters related to your Separate Agreement.

We may use your email address, address, telephone number, or other contact information to inform you of updates, changes and other matters related to the TGP products or your Separate Agreement.

Client Accounts If you register to become a Client, we use your information to create your Client account. We may also use your information in managing your Client account, such as by preparing product updates for you and sending you notices and information regarding your Client account.

Except as provided otherwise in the Terms of Use or a Separate Agreement, we may terminate your Client account at any time for any reason, with or without cause, and without notice to you. Access to your Client Account When you access your Client account, we use your personal information Client user name and password as a security measure to be sure that you have authorized the access to your Client account. Developer Accounts If you register as a Developer, we use your information to create your Developer account.

We may also use your information in managing your Developer account, such as by preparing product updates for you and sending you notices and information regarding your Developer account. Except as provided otherwise in the Terms of Use or a Separate Agreement, we may terminate your Developer account at any time for any reason, with or without cause, and without notice to you.

Access to your Developer Account When you access your Developer account, we use your personal information Developer user name and password as a security measure to be sure that you have authorized the access to your Developer account.

Special Promotions The Sites may have special promotions from time to time. We may use your email address to send you communications regarding these special promotions. If you notify us that you do not wish to receive communications for special promotions, we will not send them to you. One or more of our representatives may assist us in facilitating the distribution of survey or promotion programs.

The representatives may use your name, email address, and other contact information for such purposes. Personal information is not collected. Each Site may track information about the visits to that Site. For example, statistics are compiled that show the daily number of visitors to a Site, the daily requests received for particular files on a Site, and what countries those requests come from.

These aggregated statistics are used to customize our Sites to better meet your needs and may also be provided to others, but the statistics contain no personal information and cannot be used to gather such information. We may collect information about your computer not your name, address, e-mail address, or telephone number through your permanent cookie file for the purpose of assessing the effectiveness of Site content and traffic.

This data allows us to improve the quality of your visit by streamlining your ability to navigate the Sites and develop featured programs and content that will be of interest to our Clients and Site visitors.

It is possible that we, our members, representatives, subsidiaries, affiliates, joint ventures, business assets, or any combination of these, could merge with or be acquired by another business entity. Should such a combination or result occur, you should expect that all of your personal information will be transferred to the merging or acquiring business entity.

We cannot assure, however, that the new entity will follow the practices disclosed in this Privacy Policy. All services throughout our Sites that are provided by a third-party partner are described as such in this Privacy Policy or elsewhere in the Sites.

Although we only work with reputable third parties, our business partners may have different privacy policies and practices than we do. We encourage you to review our business partners' privacy policies to further understand their procedures for collecting, using, and disclosing your personal information.

As a result, we may, in our discretion, disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose you or us to legal liability.

We may also disclose any information about you that may be required by a court or tribunal or through some other proper legal process. Some of these rights to disclose information are further described in the Terms of Use that govern use of our Sites.

When you click through to these websites, our information privacy practices no longer apply, and we are not responsible for use or disclosure of information obtained from you through such websites.

We recommend that you examine the privacy statements for all third party websites to understand their procedures for collecting, using, and disclosing your information. In one window, view all internal temperatures, fans and hardware diagnostics.

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