This website and related software, tools, applications, functions, facilities and services, associated media, and online or electronic documentation (collectively, “TCP Leasing, Inc.", or the "Service") is operated and maintained by TCP Leasing, Inc. Inc. ("TCP Leasing, Inc.").
By using the Service, you ("User") agree to use it in strict accordance with, and to be bound by, all of the terms and conditions contained in these Website Terms & Conditions of Use (these "Terms").
The information contained on this Website is provided for your use only and may not be copied or redistributed for any reason. You may not use the information for any commercial purpose. This information is provided "as is" without warranty of any kind. The information is the intellectual property of TCP Leasing, Inc.. In no event will TCP Leasing, Inc. or its Licensees be liable in any way with regard to such information. Your use of the information must in all cases comply with all applicable laws and regulations
Access to the Web Site
Subject to User´s compliance with these Terms, TCP Leasing, Inc. grants you a limited, revocable, nonexclusive license to access the site. You may not sub-license your rights to a third party, and this license does not extend to: (a) access to the Website by posting agents; or (b) any manual or automatic collection, aggregation, copying, duplication, display or derivative use of the Website (or any information or content on the Website), and/ or the Service, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by TCP Leasing, Inc.. A limited exception to (b) is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
The Service is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Service contains copyrighted material, trademarks, databases and other proprietary information of TCP Leasing, Inc., and others, (collectively, "Proprietary Material"), which may include, but shall not be limited to: text, software, photos, video, graphics, images, data, music and sound. User agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from TCP Leasing, Inc..
Conditions of Access to User´s Account
Some aspects of the Service may require registration and login. User is responsible for protecting the confidentiality of User´s identification and/or password and is responsible for all use of User´s accounts whether expressly authorized by User or not.
User agrees that it will not (and will not permit others) to:use "robots" "spiders", "web crawlers" or other automated or robotic devises to scrape, collect or otherwise harvest information of any kind; Intentionally or unintentionally violate any applicable local, state, national or international law or requirement of a regulatory authority ;Perform any action that could result in excessive usage that adversely impacts the performance of the Service for other users;use the Service in any way that violates these Terms.
No Liability for Reliance
TCP Leasing, Inc. does not represent or endorse the accuracy or reliability of any advice, opinion, statement or any other information displayed or distributed through the website. User acknowledges that any reliance upon any such opinion, advice, statement, or other information shall be at User´s sole risk. TCP and its affiliates do not negotiate individual equipment purchases. TCP is compensated if it finances equipment acquisition for an applicant. All equipment available for sale is made so through participating dealer(s). Actual savings may vary based upon dealer, location and equipment offered. All information and equipment data has been provided by third parties, and should be independently verified by acquirer. TCP and its affiliates make no implied warranties or guarantees, nor to the condition, feasibility, suitability, usability and or longevity of said equipment. TCP and its affiliates make any warranties, either expressed or implied, as to the condition of the equipment or its suitability for the acquirer's purposes and/or needs. Acquirer/lessee agrees that lessor (TCP and affiliates) shall not be liable for, and agrees to hold harmless against, any loss or damage to equipment, or injury to or death of anyone related to use of the equipment, or any matter that may be occasioned by any cause whatsoever as related to said equipment.
Payment for all and any goods or services on the Website are in US dollars and exclude any applicable taxes, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase any goods or services, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms designated by our third party payment processor. It is your responsibility to ensure that sufficient funds are available to cover the charge(s). TCP Leasing, Inc. has no liability for overdraft or other fees that you may incur as a result of the processing of your payment by our third party payment processor.
To purchase any goods or services from TCP Leasing, Inc., you may be taken away from the Website and directed to a payment gateway, via a secure connection from your computer, through which you will provide your credit card or other payment information, so that it may be passed to our third party payment processor for payment. Your payments are subject to the terms and conditions and privacy policies of such third parties. TCP Leasing, Inc. and its affiliates, parent, officers, directors and employees, disclaim all liability in connection with any third party´s use or misuse of same.
TCP Leasing, Inc. reserves the right to immediately terminate your access to the Service and/ or the Website at any time for any reason with or without notice. Without limiting the foregoing, TCP Leasing, Inc. may block or terminate your access to the Service if TCP Leasing, Inc., in its sole discretion, believes you are violating these Terms.
User agrees to indemnify, hold harmless, and defend TCP Leasing, Inc. and its affiliated companies, and their respective predecessors, successors, and assigns, and all of their respective current and former officers, directors, shareholders, agents, and employees (the "Indemnified Parties") from any and all actions, cause of actions, suits, proceedings, claims, and/or demands of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation, reasonable attorneys´ fees and costs)), which arise out of: (a) User´s actual or alleged breach of these Terms, (b) any negligent act or omission by User, or (c) any third party claim, action, or demand related to User´s use of the Service (each a "Claim" and collectively "Claims"). TCP Leasing, Inc. may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. TCP Leasing, Inc. will provide you with reasonably prompt notice of any Claim it receives.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, IS PROVIDED "AS IS" AND TCP LEASING, INC. HEREBY DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT AND FROM VIRUSES AND OTHER HARMFUL DEVICES. TCP LEASING, INC. DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TCP LEASING, INC. EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR AN INTENDED PURPOSE, PROPER WORKMANSHIP, NON-NEGLIGENCE, NON-INFRINGEMENT, AND ANY LIABILITY IN CONNECTION WITH YOUR PROVISION OF YOUR CREDIT CARD OR ACCOUNT INFORMATION. YOU USE THE SITE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY OF THE WEBSITE´S CONTENT OR REPORTS, ACTS OR OMISSIONS, NEGLIGENCE, LOSS OF DATA, LOST BUSINESS OR LOST PROFIT ARISING OUT OF YOUR OR ANY THIRD PARTY´S USE OR THE INABILITY TO USE THE WEBSITE, AND/OR THE WEBSITE´S CONTENT. IF YOUR USE OF THE WEBSITE RESULTS IN ANY INTERRUPTION, IMPAIRMENT OR LOSS OF, OR YOUR NEED TO SERVICE, REPAIR OR CORRECT, ANY SOFTWARE, EQUIPMENT, SYSTEMS OR DATA, YOU AGREE TO ASSUME, AND HOLD US HARMLESS FROM, ANY COSTS AND LOSSES IN CONNECTION THEREWITH. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TCP LEASING, INC. OR ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations on Liability
TCP LEASING, INC. AND ITS LICENSEES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENT ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING INFORMATION CONTAINED ON OR THROUGH THE WEBSITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATIONS LINES FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, DATA, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT SHALL TCP LEASING, INC. OR ITS LICENSEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE, EVEN IF TCP LEASING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME U.S. STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
The Service may make available to users certain community-based features that may allow users, without limitation, to post articles or blogs, exchange messages with other users, and participate in chat rooms, newsgroups, and other similar forums for the exchange of information of interest to the TCP Leasing, Inc. community (collectively the "Forums").
You agree, through your use of the Service, that you will not use the Forums to post any material which:
restricts or inhibits any other user from using and enjoying the Web Site or the Service;
is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
falsely statements or otherwise misrepresents your affiliation with any person or entity;
constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;
violates, plagiarizes or infringes the rights of third parties including without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
contains a virus or other harmful component;
contains advertising of any kind; and
constitute false, misleading or deceptive indications of origins or statements of fact.
Postings and Submissions
By uploading files, posting messages or other content, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or with the Website, you hereby warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise share and/or use any such Communications for your intended purpose.
TCP Leasing, Inc. has no obligation to monitor this Website or any portion thereof. However, TCP Leasing, Inc. reserves the right to monitor and review any User Content and User activity on the Website and remove, delete, redact or otherwise modify User Content or block or terminate User access to the Website, in its sole discretion, at any time and from time to time, without notice or further obligation to you. TCP Leasing, Inc. has no obligation to display or post any User Content. TCP Leasing, Inc. shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Website or through the Service.
Links to Third Party Sites
The Website may contain hyperlinks to websites operated by parties other than TCP Leasing, Inc.. Such hyperlinks are provided for reference only. TCP Leasing, Inc. does not control such websites, and is not responsible for their contents or any products, services or information offered on such websites. TCP Leasing, Inc.´s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Right to Modify Terms
TCP Leasing, Inc. has a right to modify the Terms in any manner and at any time, with or without cause, in TCP Leasing, Inc.´s absolute discretion and without notice or liability. Any modification is effective immediately upon posting the modification on the Website. User´s continued use of the Service following any modification of these Terms shall be conclusively deemed an acceptance of any modification. User´s only right and remedy with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of TCP Leasing, Inc. in providing the Service, is to cease use of the Service.
Right to Modify Service
TCP Leasing, Inc. may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service. User´s only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Service.
Governing Law and Jurisdiction
The laws of - shall govern these Terms as if you signed these Terms in North Carolina. The provisions of these Terms that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the North Carolina court for exclusive jurisdiction of any dispute arising out of or related to the Website, the Service or these Terms
The failure by TCP Leasing, Inc. to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by TCP Leasing, Inc. of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. TCP Leasing, Inc. will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.
User may not assign these Terms.
These Terms and any documents referenced herein constitute the complete and exclusive agreement between you and TCP Leasing, Inc. with respect to use of the Website and the Service, and supersede and govern all prior proposals, agreements, or other communications relating thereto.
© 2012 TCP Leasing, Inc. All Rights Reserved.
P Leasing and its affiliates do not negotiate individual equipment purchases. TCP is compensated if it finances the acquisition of equipment for an applicant. All equipment for sale is subject to the availability and pricing of participating equipment dealers. Actual savings may vary based on equipment purchased, dealer and location. All information and equipment data available have been provided by third parties, and should be independently verified by the acquirer. TCP and its affiliates make no implied guarantees or warranties to said data, nor to the condition, feasibility, usability and/or longevity of equipment. TCP and its affiliats make no warranty, either express or implied, as to the condition of the equipment or that it will be suitable for the acquirer/lessee’s purposes and needs. Acquirer/lessee agrees that lessor (TCP and affiliates) shall not be liable for and agrees hold Lessor harmless against, any loss or damage to equipment or any injury to or death of any person related to the equipment, or in any matter that may be occasioned by any cause whatsoever pertaining to said equipment.