Online User Agreement
TCSC offers an Online Services Section for the benefit and convenience of its customers. Access to the Online Services is limited to TCSC customers and employees. Transactions on the Online Services take place on a secured basis and communications are encrypted. As such, participation in the Online Services requires registration in order to obtain a user ID and password. Please read the following agreement before proceeding.
Information provided in the registration process will be used by TCSC or its agent for internal purposes in order to provide secure and quality service over the Online Services. User activity may be monitored and recorded by system personnel. Anyone using the system expressly consents to such monitoring and recording. If possible criminal activity is detected, records may be provided to law enforcement officials, resulting in criminal and/or civil prosecution.
By registering for or entering a user ID and password, you further agree to the following terms and conditions of use:
- I agree that I am a TCSC customer or an agent or employee of a TCSC customer (hereafter "Customer") who is over the age of eighteen (18) and is authorized to access the Online Services, and is lawfully authorized to transact business with TCSC.
- Customer agrees to take all reasonable steps to protect confidential information concerning TCSC prices or services and to not disclose TCSC's confidential information to unauthorized persons.
- Customer agrees and understands that even if all reasonable steps to secure the confidentiality of TCSC information and/or Customer information are followed, there is still a risk that information communicated over the Online Services could be compromised. Customer expressly accepts such risk and waives any claim or cause of action for losses or damages which in any way arises out of the unintentional disclosure of Customer's confidential information.
Userid / Password:
- Customer agrees to keep the assigned user ID and/or password confidential and to immediately notify TCSC and change the password if there is reason to believe the assigned user ID or password has been improperly disclosed or otherwise compromised.
- Customer agrees that claims, losses and direct or consequential damages resulting from Customer's carelessness or negligence with respect to the assigned user ID and/or password are the responsibility of Customer.
- To prevent unauthorized access, maintain data accuracy, and ensure the correct use of Customer and TCSC information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect or provide online. Your user account will expire if unused for a period of 45 days. If you are unable to login, contact Customer Service to have your account re-enabled.
- The Online Services uses encryption technology that might be controlled for export under the laws of the United States of America. You agree to comply with the requirements of such laws in the event that you fall within the controlled categories defined under these laws.
Disclaimer of Warranties
- Customer agrees that the services provided on the Online Services and any accompanying software are provided on an "AS IS" basis without warranties of any kind. TCSC AND CUSTOMER EXPRESSLY AGREE THAT TCSC HAS DISCLAIMED ALL EXPRESS AND IMPLIED WARRANTIES IN THE ONLINE SERVICES AND ACCOMPANYING SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR PARTICULAR USE OR THAT THE OPERATION OF THE ON-LINE TRANSACTION NETWORK WILL BE UNINTERRUPTED, ERROR FREE OR VIRUS FREE.
- Customer agrees and understands that TCSC or its agent assumes no responsibility for claims, losses or damages, whether direct or consequential, resulting from use of the Online Services.
- Customer agrees that it has been given permission for the limited right to use the Online Services and accompanying software for purpose of transacting business with TCSC. Customer agrees that it shall not receive any additional rights to TCSC's proprietary software and that any attempt to transfer, license, market or otherwise use TCSC's software would be improper and a violation of TCSC's rights.
Reservation of Rights
- Customer agrees that TCSC may, in its sole discretion, amend, modify or change the Online Services and/or this Technology Use Agreement. If the Technology Use Agreement is no longer acceptable to Customer, Customer may cancel this agreement. Customer's continued use of the service constitutes notice and acceptance of the most current TERMS OF USAGE, which is available for viewing within the site. IF YOU DO NOT AGREE TO THESE TERMS OF USAGE, DO NOT ACCEPT AND/OR DO NOT USE THIS SITE.
- Customer agrees that in the event of any dispute concerning transactions processed or requested on the Online Services, TCSC's records of such transactions are prima facie proof of the transaction and that the Customer bears the burden of challenging the validity of TCSC's records.
- Customer understands that TCSC may terminate this agreement at any time by sending notice to Customer. Customer is responsible for all transactions requested and processed prior to termination.
- Customer agrees that if any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach of the Agreement or any other provisions hereof.
This Agreement shall be governed by the laws of the State of Indiana.