Legal

Site Terms and Conditions of Use

These terms and conditions of use (this “Agreement”) apply to all visitors to www.teck-e.com (the “Site”). Teck-E NY LLC (“Teck-E”, “we”, “our”, “us”) maintains this Site for the information and entertainment of the user. We offer the Site to you (referred to as "you" or "user") and your children, as applicable, under the Terms of Use described below. By using and accessing the Site, you, on your own behalf and on behalf of your children, are agreeing to to these Terms of Use, which will be considered a binding, legal agreement (referred to herein as “Terms of Use” or “Agreement”) between you and Teck-E. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time without notice to you. Please check this Agreement periodically for changes. Your continued use of the Site following any change, modification, addition or removal of terms and/or conditions signifies your acceptance of any of those changes. If you do not agree with this Agreement, or any change thereto, please discontinue your access to and use of the Site immediately.

Age

Teck-E takes a child’s privacy seriously, and adheres to the provisions of the Children’s Online Privacy Protection Act. Accordingly, if you are under 13 years of age, you are not authorized to use this Site. In addition, if you are under 18 years old, you may use the Site, with or without registering, only with the approval of your parent or guardian.

Copyright  

Teck-E owns and operates the Site. Teck-E and/or its subsidiaries, affiliated companies, vendors, contractors, licensors and/or licensees, own the copyright in all elements of the Site, including but not limited to the content, software, code, data, art, graphics, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Site (collectively, “Site Content”). Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the Site Content contained on the Site is strictly prohibited. If you use material appearing on the Site other than as expressly permitted in this Agreement, you may be liable for infringement, misappropriation or other causes of action. Use of the Site does not grant you any ownership rights in or to the Site Content or any element thereof.

Trademarks

Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site or on the Site Content (collectively, the “Trademarks”) are the registered or unregistered Trademarks of Teck-E and/or and/or its subsidiaries, affiliated companies, vendors, contractors, licensors and/or licensees and are protected by the trademark laws of the United States and other jurisdictions.  Other company, product, and service names and logos used and displayed on the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Teck-E. Nothing in this Agreement or the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Trademarks displayed on the Site, without our prior written permission in each instance.  

Links  

The Site contains links to websites maintained by third parties (the Linked Sites”), including other content providers as well as certain service providers, such as those who process payments on behalf of Teck-E. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites, we are not responsible for the collection and use of your information by such websites, and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. When you link to a Linked Site, you become subject to their terms of use and privacy policy rather than to ours. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  TECK-E DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY SITE CONTENT AND IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR INACCURACY ON ANY SITE CONTENT, OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SITE CONTENT.  TECK-E IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE SITE.  THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS , AND TECK-E MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED.  SPECIFICALLY, TECK-E DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TECK-E BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON SITE CONTENT OBTAINED THROUGH THE SITE OR CAUSED BY YOUR CONDUCT.  TECK-E DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, AND THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, SHALL TECK-E BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE UNAVAILABILITY OF THE SITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TECK-E’S, OR and/or its PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, TOTAL AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE SITE OR THIS AGREEMENT SHALL BE THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.   ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TECK-E CONTROLS AND OPERATES THE SITE FROM OFFICES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT SITE CONTENT IS APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTIES OR ANY OTHER JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK, AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS IF AND TO THE EXTENT SUCH LAWS AND RESTRICTIONS ARE APPLICABLE. 

Consideration

You acknowledge and agree that your access to and use of the Sites, the Site Content and the services provided through the Site are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement.

Indemnification

You agree to indemnify, defend and hold harmless Teck-E, and its parent, subsidiary and related entities, and each of their respective affiliates, officers, directors, owners, agents, clients, content providers, licensors and licensees harmless from any claim, expense or demand, including without limitation reasonable legal fees, that may arise from your use of the Site in any way, your placement or transmission of any message, content, information, software or other materials on, to or through the Site or your violation of law or breach of the terms of this Agreement.  

Digital Millennium Copyright Act

Copyright owners who believe their material has been infringed on the Site should contact Teck-E's designated copyright agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), by email to kenneth.anand@rmkb.com, by mail to Ropers Majeski Kohn & Bentley, P.C., 750 Third Avenue, Floor 25, New York, NY 10017, Attention:Kenneth J. Anand or by phone at (646) 454-3275.

Notification must include:
  • A description of the copyrighted work that you claim has been infringed, or, in the case of multiple works at the same location, a representative list of such works at that site;
  • A description of where the material that is claimed to be infringing or to be the subject of infringing activity is located. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name);
  • Information for us to be able to contact the complaining party (e.g., address, email address, phone number);
  • A statement that the complaining party believes in good faith that the use of the material has not been authorized by the copyright owne, an authorized agent, or the law.;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in the notification is accurate and that the complaining party is the copyright owner or is authorized to act on behalf of the copyright owner.

Cookie Policy

At present Teck-E does not collect “cookies” via this Site. In the future, this Site may utilize cookies to collect information about how our Site is used. Cookies are small text files that web sites can send to your internet browser so that we are able to recognize you when you return to the Site. We could collect the information about your use of our Site to provide you with a site and service which suits your interest. Should we begin to collect cookies, you may set your browser to either notify you when you receive a cookie or to automatically refuse receipt of all cookies. Such settings may inhibit your use of our Site.

Privacy Policy

For information about our data protection practices in connection with the Site, we will be releasing a Privacy Policy shortly. This policy explains how Teck-E treats your personal information, and protects your privacy, when you use the Site, you agree to the use of your data in accordance with Teck-E’s privacy policy.

Governing Law

You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York.  You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. Notwithstanding the foregoing, Teck-E shall have the right to bring action against visitors of the Site in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against such visitor, (ii) to obtain a judgment against such visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against such visitor in a New York court.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  You agree that this Agreement may be automatically assigned by Teck-E, in its sole discretion, to a third party.  Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  This Agreement, along with any other terms and conditions regulating use of the Wite, sets forth the entire understanding and agreement between us with respect to the subject matter hereof supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.  The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.  

Except as expressly granted herein, all rights are reserved to Teck-E.  

Last Modified: December 10, 2014