TERMS & CONDITIONS OF SALE of REPORTS AND CUSTOM CONSULTING
Definitions:
Customer means the buyer of TECHCET’s reports or custom consulting.
Terms and Conditions means TECHCET’s Terms and Conditions accepted by the Licensee and supplemented by the Specific Terms called out in TECHCET’s Quotation or Invoice. Payment against TECHCET’s invoice, signing of the Specific Terms and/or download or use of TECHCET’s Reports implies full acceptance of TECHCET’s Terms and Conditions.
Agreement means collectively (i) these License Terms and Conditions and (ii) the Specific Terms approved by Licensee, to the exclusions of any other document.
Materials means that which is purchased by the Customer from TECHCET and may include Critical Materials Reports™, consulting deliverables, or other information made available to the Customer as whole or part of a for sale agreement.
License means the conditions of use and distribution of TECHCET’s reports. The License is characterized by the Licensee’s usage profile (Single-user, or Multi-site, or Market Research Partner) as defined in Specific Terms.
Site means the geographical location of the user of the License and possible secondary facilities from an area within 10-mile radius where the License (s) apply. A site is associated with a country and a single legal entity. The principal Site and its possible secondary Sites are specified in the Specific Terms.
Specific Terms means terms associated with TECHCET’s quotation or invoice customized for the Customer.
TECHCET means TECHCET CA LLC, the seller of Materials.
- Scope
The Contracting Parties undertake to observe the following general conditions when agreed by the Buyer and the Seller. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS IN ANY OTHER DOCUMENTS ISSUED BY THE BUYER AT ANY TIME ARE HEREBY OBJECTED TO BY THE SELLER, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON THE SELLER.
This agreement becomes valid and enforceable between the Contracting Parties after clear and non-equivocal consent by any duly authorized person representing the Buyer. For these purposes, the Buyer accepts these conditions of sales when signing the purchase order which mentions “I hereby accept TECHCET CA LLC’S Terms and Conditions of Sale”. This results in acceptance by the Buyer.
Orders are deemed to be accepted only upon written acceptance and confirmation by the Seller, within [7 days] from the date of order, to be sent either by email or to the Buyer’s address.
- COPYRIGHT & IP
The materials provided to Client (the “Materials”) for this custom project (“Project”) are confidential and for the use of TECHCET and Client only. The Materials contain valuable intellectual property and proprietary information developed or acquired by TECHCET. The information and data in the Materials may be used by Client on a limited basis in its own documents, provided that those documents are not-for-sale and that TECHCET is clearly referred to as the source of such information and data. Any other use of the Materials requires express written permission from TECHCET.
TECHCET retains and maintains ownership and all rights to all of its intellectual property, including intellectual property generated for this Project. TECHCET intellectual property includes, but is not limited to, all past or future market data and data analyses, and any other intellectual property that pertains to:
- General marketing and business advice
- Historical market data
- Industry forecasts and trends
- Technological forecasts and trends
- Basic market data segmented by market and product
- All raw data obtained on questionnaires.
TECHCET respects the intellectual property rights of others and expects its clients and users to do the same. With respect to any notification of alleged copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (the “DCMA”) or any other communications concerning or relating to the DCMA or any other alleged infringements, please contact TECHCET’s designated agent in writing as follows: Designated Agent: Christine Yates, 11622 El Camino Real, Suite 100, San Diego, CA 92130; Telephone (480) 382 8336; E-mail: customerservice@techcet.com. Please note that only communications pertaining to the DMCA or other alleged infringements should be directed to the Designated Agent. Please also note that any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512c(3)(A) as well as with the other requirements of the DCMA.
- TRADEMARKS
In addition, TECHCET.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of TECHCET in the U.S. and/or other countries. TECHCET’S trademarks and trade dress may not be used in connection with any product or service that is not TECHCET’S, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TECHCET. All other trademarks not owned by TECHCET that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TECHCET.
- LICENSE
Each Report comes with a single site license. Multi-site and Market Research Partner Licenses are available and may be included in Specific Terms.
Single user License: means License applicable to use by a single authorized end-user license
Multi-site License: means License applicable to multiple users from one corporate entity, which could be in various locations and countries.
Market Research Partner License (MRPL): means a license to multiple users within Customer’s company, regardless of location, and one other company of the Customer’s choosing. For example, suppose TECHCET’s Critical Materials Report™ (CMR) on Electronic Gases is purchased with an MRPL license by Customer. In that case, Customer may share the CMR report with anyone within their company and share any of the CMR content with one other company of their choosing.
- TECHCET PORTAL ACCESS ACCOUNT
If you use one of TECHCET’s website portals to access information (techcet.com, cmcfabs.org, or criticalmaterials.org), you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TECHCET does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use TECHCET.com only with involvement of a parent or guardian. TECHCET reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- RETURNS/REFUNDS POLICY
All sales of products or custom consulting works from TECHCET are non-refundable. Should you have purchased a product in error, please contact us immediately and we will do our best to resolve the issue. This may likely take the form of providing you with a similar product or service of equal or lesser value.
- PRICING
Prices are given in the orders corresponding to each Product sold on a unit basis or corresponding to annual subscriptions. They are expressed to be exclusive of taxes. The prices may be reevaluated from time to time. The effective price is deemed to be the one applicable at the time of the order.
TECHCET may offer a pre-release discount for the companies willing to acquire in the future the specific report and agreeing on the fact that the report may be released later than the anticipated release date. In exchange to this uncertainty, the Customer will get a pre-release price discount to be mutually agreed to between Customer and TECHCET.
- FORCE MAJEURE
TECHCET shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and not the fault of the TECHCET.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL OF TECHCET’S INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EMAIL TRANSMISSION OR THROUGH ANY OF TECHCET’S WEBSITES (techcet.com, cmcfabs.org, criticalmaterials.org) ARE PROVIDED BY TECHCET ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TECHCET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TECHCET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TECHCET DOES NOT WARRANT THAT THEIR INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA EMAIL OR THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TECHCET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECHCET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- USE OF MATERIALS WITH THIRD PARTIES
No part of the Materials may be shared with any third party without the prior written permission of TECHCET, with the exception of Materials purchased with a Market Research Partner License (MRPL).
No part of the Materials may be used in any legal proceedings nor may any of the Materials or the information or data contained therein be disclosed to any third party, including investors or affiliated firms belonging to investors, or reproduced or transmitted to any third party, in any form or by any means – mechanical, electronic, photocopying, duplication, microfilming, videotape, verbally or otherwise – without the prior written permission of TECHCET.
- MISCELLANEOUS
All the provisions of these Terms and Conditions are for the benefit of the seller itself, but also for its licensors, employees and agents. Each of them is entitled to assert and enforce those provisions against the Buyer.
Any notices under these Terms and Conditions shall be given in writing. They shall be effective upon receipt by the other Party.
The Seller may, from time to time, update these Terms and Conditions and the Buyer, is deemed to have accepted the latest version of these terms and conditions, provided they have been communicated to him in due time.
- DISPUTES
Any dispute or claim relating in any way to your visit to Techcet.com or to products or services sold or distributed by TECHCET or through TECHCET.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
- APPLICABLE LAW
By visiting TECHCET.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and TECHCET.
- SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to TECHCET.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TECHCET CA LLC reserves the right to refuse sales or service to anyone if it determines that providing sales or service are not in the best interest of the Company.
- OUR ADDRESS
TECHCET is a company permanently established in the USA, located in Rancho Santa Fe, in San Diego CA, USA
TECHCET CA, LLC.
11622 El Camino Real, Suite 100
San Diego CA, 92130 USA
info@techcet.com
