TERMS AND CONDITIONS OF USE
T K GROUP, INC., a Delaware Corporation
, provides this
Website, as that term is defined below, on the express condition that you adhere
to the following terms and conditions:
Provider of Products.
The products, information or services
referred to as the ("Product" or "Products") available via this website (the
"Website") are provided by T K Group, Inc. T K Group, Inc. is referred to in
this Agreement as "We", "Us", and "Our." You, the person visiting and
utilizing this Website, are referred to as "You" and "Yours".
Definition of "Website."
As used in this document, the term
"Website" shall mean and refer to all computer files, content and portions
thereof, including without limitation all executable files, text files, HTML
files, CGI scripts, images and graphics, and any other computer files which
may be viewed, linked together or downloaded as a single interactive unit, and
accessed by the general public using the domain name "www.tkontheweb.com," or
some derivative thereof.
Use Conditioned Upon Acceptance.
As a condition to Our allowing You
to use this Website, You must agree to these Terms and Conditions of use. If
You do not agree to the Terms and Conditions set forth in this document, You
may not use this Website.
Proprietary Material.
All content, text, graphics, surveys,
checklists and other information You find on or within the Website are the
property of TKG. You may not copy, distribute or create derivative works based
upon any such material without the express written permission of TKG.
Notwithstanding the foregoing, you may download and store one copy of such
materials in the normal course of browsing the Website using software
specifically designed for that purpose.
Consent.
We must receive your authorized user name and password and
other information in order to provide access to this website to You. You
authorize us to gain access to Your employee's file and to exchange
information about Your employee between us in order to provide the Products to
You.
Your Responsibilities.
By registering on this Website, You certify
that You are eighteen (18) years of age or older and that you are the duly
authorized representative of the employer to whom access is permitted,
entrusted with the authority to view this information regarding the employees
of such employer. The Website and Products are not intended for minors. You
agree to treat Your user identification ("User ID"), password and/or personal
identification number "(PIN") created for this Website as strictly
confidential and not to share them with other persons or display them so that
others have access to them. We are not responsible if third parties access the
Products by using Your User ID, password, or PIN. You agree to promptly notify
Us if You believe someone else has obtained access to Your User ID, password
or PIN.
Changes We Make.
We may change the price for the Products at any
time and You will be charged such new prices for all future purchases or
renewals of Products. We may revise, amend and update this Agreement at any
time. If We amend, revise or update this Website or these Terms and
Conditions, you may be required to again "accept" the terms and conditions as
are then in effect before gaining access to this Website and the information
contained within. It is Your responsibility to review this Agreement prior to
each use of the Website and by continuing to use this Website, You agree to
those changes. We may also change any feature or component of the Products or
the Website at any time, or cancel this Agreement and/or any Product at any
time, for any reason.
Employer Use Only.
You may access information from this Website
only on behalf of the authorized employer. Personal use of this Website is
forbidden. It is illegal to request personal health information about anyone
else. When You log in as an authorized user, We grant You the right to use the
Products and the related information only to assist You in monitoring, and
understanding Your employees' audiometric tests and related health issues, and
making related decisions, for the employer's benefit. You agree that You will
not use the Products or the related information for any other purpose, and
especially not in an unlawful manner. The Products are not intended to serve
as medical advice of any kind.
Payment.
You agree to pay for the Products in U.S. dollars. We will
charge You any applicable sales, excise or similar taxes as required by
law.
Website Access and Use.
We may refuse to accept any registration
for any reason. You agree that We will not be liable to You for loss or damage
that may result from Our refusal to register You or allow You further access
on this Website. You will be responsible for providing and installing all
hardware and software necessary to access this Website. You agree that You
will not use any robot, spider or other similar device to monitor or copy any
pages of this Website or any content or information accessible through this
Website. You agree that You will not use any device, software or routine to
interfere with the proper operations of this Website.
No Guarantee of Product.
Because of the nature of Internet and
online communications, this Website or the Products may not perform as
intended despite Our efforts, those of Your Internet service provider, and
You. We do not guarantee uninterrupted or error free operation of this
Website. It is possible that a third party could gain unauthorized access to
the information that is made available on this Website or is transmitted
including Your employees' personal information. We will use reasonable efforts
to maintain operation of the Website and availability of the Products at all
times. If there is a system error, and You notify Us of the same, We will try
to correct the error. You will not be entitled to any money for any system
error of any type.
Fixed Term Subscription Products.
If You purchase access for this
Website that continues for a fixed period of time, (a "Subscription Product"),
the Product will be provided to You for an initial subscription period.
Continuing access after the initial Subscription Period will have to be agreed
to offline by contacting Us for additional information on terms and
conditions.
Ownership.
This Website contains copyrighted material and any
information that You retrieve is copyrighted by its owners. You may not
remove, alter or cover any copyright or other proprietary notices placed on
this Website or on products and related materials acquired through this
Website. We, collectively or individually, retain ownership of all
intellectual property rights in this Website including without limitation any
information, materials, text, graphics, images, logos, Website design, and the
selection, assembly, and arrangement of the Website ("Content"). The Content
may not be copied, distributed, displayed, modified, reproduced, performed,
published or reverse engineered in whole or in part without Our prior written
permission.
Limited Cancellation Policy.
You will not be entitled to a refund
because You do not agree with the information We provide to You in any
Product. If You have a question or problem with any Product, please contact
our Customer Care department at (815) 964-5445.
Question About Your Employee's Information.
Any questions about
audiometric tests of your employees may be directed to Us at (815)
964-5445.
NO WARRANTY; LIMITATION OF LIABILITY.
WE HAVE NO REASON TO BELIEVE
THAT ERRORS EXIST IN THE PRODUCTS FURNISHED HEREUNDER. NEITHER WE, NOR ANY OF
OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS OR AFFILIATED
COMPANIES ("AFFILIATED PERSONS") WARRANTS THE
CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF ANY PRODUCT OR
INFORMATION CONTAINED IN ANY PRODUCT IN ANY WAY. THE PRODUCTS ARE PROVIDED "AS
IS", AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE. NEITHER
WE NOR ANY OF OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR ANY LOSS OR
INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACTS OR
OMISSIONS OF ANY SUCH PERSON IN PREPARING, REPORTING OR DELIVERING THE
PRODUCTS, PROVIDING AUTHENTICATION SERVICES, OR IN DOING ANYTHING RELATED
THERETO. NEITHER WE NOR THE AFFILIATED PERSONS WILL BE LIABLE FOR DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING
BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION AND
LOSS OF PROGRAMS OR DATA) IN CONNECTION WITH YOUR USE OF THIS WEBSITE, ANY USE
OR RELIANCE UPON INFORMATION FOUND AT THIS WEBSITE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DISALLOWS ANY
DISCLAIMERS OR LIMITATIONS IN THIS AGREEMENT, SUCH DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY; NOTICE OF CLAIMS.
IF, NOTWITHSTANDING THE
FOREGOING PARAGRAPH, ANY AFFILIATED PERSON IS HELD TO BE LIABLE TO YOU, THE
AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED THE LESSER OF (I) THE SUM OF TWENTY
DOLLARS ($20.00) OR (II) THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT, IN THE
TWELVE MONTHS PRECEDING THE CLAIM, FOR THE SPECIFIC PRODUCTS GIVING RISE TO
THE CLAIM. IF YOU DESIRE TO MAKE A CLAIM AGAINST ANY AFFILIATED PERSON IN
RELATION TO THIS AGREEMENT OR A PRODUCT, YOU MUST GIVE THE APPLICABLE PARTY
NOTICE OF THE CLAIM WITHIN THREE (3) MONTHS OF BECOMING AWARE OF THE
CIRCUMSTANCES GIVING RISE TO THE CLAIM OR, IF EARLIER, THREE (3) MONTHS FROM
THE TIME YOU SHOULD REASONABLY HAVE BECOME AWARE OF SUCH CIRCUMSTANCES. IF YOU
DO NOT, NO AFFILIATED PERSON WILL BE LIABLE TO YOU FOR THE CLAIM.
Indemnification.
You will indemnify and hold Us and the Affiliated
Persons harmless from and against demands, damages, claims, actual loss,
costs, liabilities and expenses (including Our reasonable attorneys' fees and
costs) resulting from Your breach of this Agreement, the unauthorized use of
Your User Name and Password, Your use of this Website or any Product or
information contained in this Website, or Your infringement of any
intellectual property or other right of any person or entity. In the event a
claim, demand, suit, or loss is made against Us relating to this right of
indemnification, We shall promptly notify You of such claim and will request
that defense by you be offered to Us. Should You fail to tender adequate
defense of such claim, loss, or demand, we shall retain our own defense at
Your cost and expense.
Entire Agreement Between Us.
These Terms of Use constitute the
entire agreement between You and Us regarding the Products and information
contained on or acquired through this Website, including through all other
linked third party Internet websites. This Agreement takes effect on Your
first use of this Website, and it applies to all persons accessing the Website
from Your computer, and to all persons using Your User ID, password, or PIN.
In the event that multiple translations of this Agreement exist, the English
language version shall control. If any provision of this Agreement is held
invalid, unenforceable or void by applicable laws, the remaining portions
shall continue in full force and effect. You may not assign this Agreement or
the Product to someone else. Unless explicitly stated, the provisions
contained in Paragraphs 9 (Employer Use Only), 14 (Ownership), 17 (No
Warranty; Limitation of Liability), 18 (Limitation of Liability; Notice of
Claims), 19 (Indemnification) and this paragraph will survive termination of
Your access to and use of the Products and the information contained on this
Website. The Suppliers are third party beneficiaries under this
Agreement.
Applicable Law and Jurisdiction.
This Agreement shall be governed
by the laws of the State of Illinois, USA, without regard to conflict of law
rules. Any claims, disputes or other controversies relating to or arising from
this Agreement or Your use of the Products or this Website or any information
You receive from Us shall be brought only in a United States District Court
located in Rockford, Illinois, or in any court within the Illinois State Court
System located in Winnebago County, Illinois and You hereby expressly consent
to the exercise over You by such courts. To the fullest extent permitted by
the applicable law, each party to this Agreement waives its, his or her right
to a jury trial with respect to any action brought under or in connection with
this Agreement.
Headings.
The headings used in this Agreement are for convenience
only and such headings are not to be used in determining the meaning or
interpretation of these terms and conditions of use. You acknowledge that the
provisions, disclosures and disclaimers set forth in this Agreement are fair
and reasonable and Your agreement to follow and be bound by them is not the
result of fraud, duress or undue influence exercised upon You by any person or
entity. You agree that this Agreement is not intended to and does not confer
any rights on any persons other than Us and You.
Warranties and Representations.
In order to view this information,
you agree to the following:
- You may only use and disclose Personal Health Information (hereafter
referred to as "PHI") received about your employees as permitted or required
by the terms of the underlying agreements between You and Us ("Underlying
Agreements"), or as required by law.
- You shall use appropriate safeguards to prevent use or disclosure of PHI
other than as provided for by the terms of the Underlying Agreements. The
term "appropriate safeguards" shall have the meaning ascribed to it from
time to time by the Privacy Regulations and any administrative or judicial
interpretations thereof.
- You shall report to Us any use or disclosure of PHI not provided for by
the Underlying Agreements of which You become aware.
- You shall ensure that any agents, including subcontractors, to whom You
provide PHI received from Us, or created or received by You from Us or on
Our behalf, agree to the same restrictions and conditions that apply to You
with respect to such information.
- You shall make PHI available in accordance with Section 164.524 of the
Privacy Regulations.
- You shall make PHI available for amendment and incorporate any
amendments to PHI in accordance with Section 164.526 of the Privacy
Regulations.
- You shall make available the information required to provide an
accounting of disclosures in accordance with Section 164.528 of the Privacy
Regulations.
- You shall make Your internal practices, books, and records relating to
the use and disclosure of PHI received from Us, or created or received by
You from Us or on Our behalf, available to the Secretary of the Department
of Health and Human Services for purposes of determining Our compliance with
the Privacy Regulations, if applicable.
- Upon termination of the Underlying Agreements, if feasible, You shall
return or destroy all PHI received from Us, or created or received by You
from Us or on Our behalf, that You still maintain in any form and retain no
copies of such information or, if such return or destruction is not
feasible, extend the protections of this Agreement to the information and
limit further uses and disclosures to those purposes that make the return or
destruction of the information infeasible.
- To the extent applicable, You shall work together with Us to continually
monitor changes to, and administrative or judicial interpretations of, the
Health Insurance Portability and Accountability Act of 1996, including all
administrative simplification regulations promulgated thereunder (HIPAA
Provisions), and shall negotiate in good faith to amend this Agreement, the
Underlying Agreements or their performance thereof as necessary to ensure
that they fully comply with the HIPAA Provisions at all times.
- Notwithstanding any other provision in the Underlying Agreements to the
contrary, We may terminate the Underlying Agreements if it is determined
that You have violated a material term of this Agreement.
Thank you for choosing T K Group, Inc. for your hearing
conservation needs.