Terms Of Use

Attention: Please read this Agreement Carefully before using the website located at tworx.com (hereinafter the “Website”). The Website is owned and operated by T-Worx Holdings, LLC (“T-Worx”). These terms of use constitute an agreement between you and T-Worx.

Use of the Website constitutes your binding acceptance of this terms of use agreement. If you do not accept these terms of use, do not use the Website. T-Worx reserves the right to modify these terms of use without notice and any modifications are effective when they are posted here.

All Rights Reserved

The copyright(s) in the Website and publications generated therefrom is/are held by T-Worx. All material provided on the Website is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on the Website may be copied, distributed, republished, reproduced, downloaded, displayed, or transmitted in any form for commercial use without the prior written permission of T-Worx. Individual visitors of the Website are permitted to download or print one copy of material published on the Website solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. T-Worx does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret laws.

The trademarks, logos, and service marks (collectively referred to as “Trademarks”) displayed on the Website are registered and unregistered Trademarks of T-Worx and no trademark license either express or implied is granted by T-Worx. You do not have any right to use any Trademark displayed on the Website without prior written permission of T-Worx. In the event of unauthorized use or misuse of the Trademarks, T-Worx may pursue any of its legal remedies.

Any software that is available for download from the Website is the copyrighted property of T-Worx and/or its suppliers or licensors. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software.

Access to the Website

T-Worx may, at any time, in its discretion, terminate your access to the Website. Access to the Website may be monitored by T-Worx. If you are accessing the Website as a representative of an organization, these Terms of Use bind both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization.

As a condition of your use of the Website, you will not use the Website or any information found therein for any purpose that is unlawful or prohibited by these Terms of Use. You will not use the Website in any manner that could damage, disable, overload, or impair the operation of the Website or use by third parties.

You may link to the Website home page, but are not authorized to link to any other page on the Website without the prior express written consent of T-Worx provided T-Worx reserves the right to withdraw this consent at any time in its discretion. You may not use any of T-Worx’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by T-Worx, its corporate relatives, or any brand owned by T-Worx or its corporate relatives; 2) cause confusion, mistake, or deception; 3) dilute T-Worx trademarks, service marks, or trade names; or 4) otherwise violate applicable law.

Disclaimer and Limitation of Liability

Without limiting the foregoing, everything on the Website is provided to you “AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, and those arising from a course of dealing, usage, or trade practice. ADDITIONALLY, T-WORX DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS MAKING THE WEBSITE AVAILABLE ARE VIRUS FREE.

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. T-Worx does not warrant that access to the Website or use of the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components. Released Parties as defined below do not warrant or make any representations regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.

Neither T-Worx nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors (“Released Parties”) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, pandemics, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of T-Worx. T-Worx shall have no responsibility to provide access to the Website while the interruption of the Website due to any such cause shall continue. T-Worx may discontinue providing access to the Website at any time.

Released Parties make no representations or promises to develop, provide or market any software, service or product discussed on the Website, and you shall not rely on the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future.

IN NO EVENT WILL ANY MEMBER OF RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF RELEASED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THE WEBSITE OR ANY WEBSITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify and hold T-Worx, its subsidiaries and affiliates, and its respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or in any way connected with your access to or use of the Website or any website information, or breach of these Terms of Use.

Jurisdiction

T-Worx controls and operates the Website from Virginia, in the United States of America. These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Virginia. You agree that any and all disputes, claims, and causes of action arising out of or connected with the Website shall be resolved individually, without resort to any form of class action. Agreement to the Terms of Use shall be deemed to have been executed in Sterling, Virginia. Unless expressly stated otherwise, you consent to the personal jurisdiction and venue of the courts in and/or around Sterling, Virginia, expressly waive any objection to such jurisdiction and venue, and further consent that any process, notice of motion, or other application to such courts or a judge thereof may be served outside the State of Virginia by registered or certified mail, email to a known email address, or by personal service, provided that a reasonable time for appearance is allowed.

Termination

This Agreement is effective until terminated by either party.

You may terminate this agreement at any time, by destroying all materials obtained from the Website, along with all related documentation and all copies and installations.

T-Worx may terminate this agreement at any time and without notice to you if, in their sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

In addition, by providing material on the Website, T-Worx does not in any way promise that the materials will remain available to you. T-Worx is entitled to terminate all or part of any of the Website at any time, without notice to you.

Survival of Certain Provisions

The sections of this Agreement that relate to T-Worx’s Disclaimer and Limitation of Liability, Indemnification, Jurisdiction, and Severability and any remedies for the breach thereof, shall survive the termination of this Agreement under the terms hereof for a period of five (5) years beyond the termination hereof unless otherwise stated in the Agreement.

Privacy Policy

See T-Worx’s Privacy Policy, which is incorporated in the Terms of Use, relating to the collection and use of information through the Website.

Copyright Policy

T-Worx prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner.  In particular, if you are a copyright owner or an agent thereof and believe that any submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site;

(iii) Identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(iv)  Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The person or entity that posted the material subject to your complaint is allowed under the law to send T-Worx a counter-notification.  We may publish or the notice and counter-notification with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

Our designated Copyright Agent to receive notifications of claimed infringement can be reached at [email protected] or 45975 Nokes Blvd., Suite 145, Sterling, VA 20166.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at [email protected]  You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Submission of Ideas

T-Worx and its employees are in constant development of new products, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names. We welcome you to submit your ideas for us to review and provide comments. Because we receive a number of submissions, T-Worx may not review or provide comments on your submission and shall assume no responsibility for doing so. By submitting your idea, you grant to T-Worx a limited, non-exclusive, royalty free license to evaluate and use such submission. That license permits us to evaluate, use, and understand your submission while allowing you to retain ownership of the submission. All submissions will be non-confidential and will not be returned. There may be times that your submission is similar to an idea T-Worx is developing or has developed. In order to avoid any misunderstanding as to ownership, priority, or rights to any particular idea, you agree that T-Worx shall retain all rights to the products that it develops and you will not contest T-Worx’s rights in those products. As T-Worx has made several products and is continuing to introduce products already developed, under development, and in future development, you agree that you will bring no legal action against T-Worx and will hold T-Worx harmless for any products T-Worx designs, develops, makes, sells, or markets, even if your submitted idea was similar.

Feedback

T-Worx welcomes user feedback regarding its business and products. In providing feedback, however, users should be mindful of T-Worx’s Submission policy, set forth in these Terms of Use. If you want to send us your feedback, please provide only specific feedback on T-Worx’s existing products, promotions, or business. Do not include any submissions that T-Worx’s Terms of Use will not permit T-Worx to consider. All feedback shall be deemed non-confidential and T-Worx shall be free to use such feedback on an unrestricted basis.

Export and Trade Controls

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Website or any Website information provided on or pursuant to this Website except in full compliance with all United States, foreign and other applicable laws and regulations.

The Website relates to products that may be controlled under the United States Export Administration Regulations (“EAR”), see http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear. Products that are inherently military in nature may be controlled under the International Traffic in Arms Regulations (“ITAR”), see https://www.pmddtc.state.gov/ddtc_public?id=ddtc_public_portal_itar_landing. You shall at all times comply with the EAR and the ITAR, as well as any other applicable law or regulation governing the export, transfer, use or re-export of the products on this Website to the extent they are governed by EAR, ITAR, or other applicable laws. You agree that you will not export, directly or indirectly, products to any country or foreign national for which the United States Department of Commerce, Department of State or any other agency of the United States, at the time of the export requires an export license, permit, authorization or other governmental approval from the applicable agency.

You also agree that you will not conduct business activities without the authorization of the United States government with countries and political regimes restricted by the Office of Foreign Assets Control Country Sanctions Programs, see https://www.treasury.gov/resource-center/sanctions/Pages/default.aspx; as well as those individuals and entities set forth on the Entity List, the Denied Persons List, the Unverified Persons List, the Specially Designated Nationals List, the AECA Debarred List and the Nonproliferation Sanctions list available at https://2016.export.gov/ecr/eg_main_023148.asp. Your failure to comply in all respects with the requirements of these paragraphs and the export laws and regulations referenced herein shall constitute a material breach of the Terms of Use.

To the extent you choose to do business with T-Worx, you may be required to sign a non-disclosure agreement related to, among other things, ITAR. If there are any discrepancies between this Terms of Use and the non-disclosure agreement you sign with T-Worx, the non-disclosure agreement shall control those terms.

Third Party Information

Certain information available on this Website is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that T-Worx has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a Web link to another party’s website an endorsement of such other party, their products or their services.

Entire Agreement

These Terms of Use shall constitute the entire agreement (including the Privacy Policy set forth herein) between you and T-Worx regarding the use of the Website. The failure of T-Worx to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

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