Terms & Conditions
1. Acceptance of Terms
This Website is owned and operated by Teague, its officers, directors, and employees (“Teague”). Teague offers this Website for your personal, informational, educational, and entertainment use. Please read the following Terms of Use (“Terms of Use”) carefully before using this Website. By using the Website, you agree to these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use the Website.
These Terms of Use apply only to your use of this website (“Website”) and do not apply to any other website or any Teague product or service, nor change any other agreement that may exist between you and Teague. Teague reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes your acceptance of such changes.
2. Arbitration and Class Waiver
IF YOU ARE LOCATED IN THE U.S., PLEASE NOTE THAT THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAVIER (SEE SECTION 10- DISPUTE RESOLUTION, ARBITRATION, CLASS WAIVER BELOW). THROUGH YOUR AGREEMENT TO THESE TERMS: (I) YOU AND TEAGUE AGREE TO RESOLVE THROUGH BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT, ANY AND ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, INFORMATION, OR ANY OTHER SERVICES OR PRODUCTS PROVIDED, SOLD, PURCHASED, MANAGED, OPERATED, OR FULFILLED BY TEAGUE; AND (II) YOU AND TEAGUE EACH EXPRESSLY WAIVE ANY RIGHTS TO ENFORCE THESE TERMS OF USE IN COURT OR AS A CLASS, SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW.
These Terms also include a disclaimer of warranties, a limitation of liability, an exclusion of limitations, and a release and indemnification by you, in Sections 6,7,8, and 9. Please review those sections (and all other terms) carefully.
3. Accuracy and Completeness of Information
Teague is not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
4. Your Use of the Website
You acknowledge that all content on this Website, including the Website's design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, "content"), are the property of Teague or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to content not expressly granted in these Terms of Use are reserved to their respective intellectual property rights owners. Except as expressly authorized in these Terms of Use or on the Website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the content in any form or by any means, without the prior written authorization of Teague or the respective intellectual property rights owner. Teague authorizes you to view and download the content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original content. You may not modify or adapt the content in any way or otherwise use them for any public or commercial purposes.
5. Materials You Submit
You acknowledge that you are responsible for any information, material, or content you may submit via this Website, including but not limited to the legality, reliability, appropriateness, originality and copyright ownership of any such materials or content. You may not upload to or publish through this Website any information, materials or content that: (i) are false; fraudulent; libelous; defamatory; abusive; obscene; threatening; or otherwise objectionable; confidential; infringing or invasive of privacy or publicity rights; infringing on intellectual property rights; abusive, and/or illegal; (ii) may constitute or incite a criminal offense; violate the rights of any party; or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, worms or any other form of malware; political campaigning; or chain letters; mass mailings; or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any information, materials, or content. You may not upload commercial content onto the Website.
If you do submit information, materials, or content, and unless we expressly indicate otherwise, you hereby grant Teague an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information, material or content throughout the world in any media. You further agree that Teague is free to use any ideas, information, concepts, and/or know-how that you or anyone acting on your behalf provide to Teague. You grant Teague the right to use the name you submit in connection with such information, materials, or content if Teague elects to do so. All personal information provided via this Website will be handled in accordance with the Website's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the information, materials and Content you post; that the information, materials, and content are accurate; that use of the information, materials and content you post or provide do not violate any provisions of the Terms of Use and will not cause injury to any individual or entity; and that you will indemnify Teague for all claims resulting from information, materials and content you post or provide.
6. Disclaimers
EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED, THIS WEBSITE AND ALL INFORMATION, MATERIALS AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TEAGUE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TEAGUE MAKES NO WARRANTY THAT THE WEBSITE, INFORMATION, MATERIALS AND CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS, OR THAT THE QUALITY OF ANY INFORMATION, MATERIALS OR CONTENT OBTAINED BY YOU ON OR THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
IF YOU DOWNLOAD ANY INFORMATION, MATERIAL OR CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION, MATERIAL OR CONTENT.
7. Limitation of Liability
IN NO EVENT SHALL TEAGUE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY MATERIAL, CONTENT, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF TEAGUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST TEAGUE THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER TEAGUE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH TEAGUE IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
8. Exclusion of Limitations
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, AND NOTWITHSTANDING THAT ANY DISCLAIMER, EXCLUSION, OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, ALL OTHER PROVISIONS OF THIS TERMS OF USE SHALL APPLY, AND REMAIN IN FULL FORCE AND EFFECT.
9. Indemnification
You agree to defend, indemnify and hold Teague harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from and related to your use of the Website.
10. Dispute Resolution, Arbitration, and Class Waiver
Any dispute arising out of or relating in any way to your use of our Website or any products, services, or information you receive through our Website, shall be submitted to confidential, binding arbitration in the city of Seattle, Washington, USA, or, at your election, in the county seat of the county within the USA where you reside. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts located in the city of Seattle, Washington, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. NO ARBITRATION UNDER THESE TERMS OF USE MAY BE JOINED WITH ANOTHER ARBITRATION RELATED TO THE SUBJECT MATTER OF THE DISPUTE OR ANY OTHER CLAIMS UNDER THESE TERMS OF USE. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
The following processes shall govern the arbitration process:
- Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to legal@teague.com so stating.
- Within seven (7) business days of receiving the email, we will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
- If, following these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or in-person.
- In the event that you and we cannot agree on an arbitrator, the process set forth in Section 11(a) of the Uniform Arbitration Act, or any comparable provision in your state will be followed.
11. Copyright Notice
Unless otherwise noted, the graphic images, buttons and text contained in this Website (Graphics) are the exclusive property of Teague. Except as otherwise expressly authorized in the Terms of Use, the Graphics may not be copied, published, distributed, displayed, reproduced, or transmitted, in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Teague.
12. Trademarks
This Website features logos, brand identities and other trademarks and service marks (the "Marks") that are the property of, or are licensed to Teague, its licensors, and/or content providers. All Marks are the property of their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Website without written permission of Teague or any third party that may own a Mark displayed on the Website. Teague reserves all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
13. Links to Third Party Sites
As a convenience to visitors and users, this Website may link to other sites owned and operated by third parties and not owned or maintained by Teague. However, even if such third parties are affiliated with Teague, Teague has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Teague. Teague is not and shall not be responsible for the information, materials, or content of any linked sites and does not make any representations regarding the content or accuracy of information, materials, or content on such sites. Accessing and using such third party sites is entirely at your own risk.
14. Privacy Policy
Teague respects your privacy and has developed a policy to address privacy concerns. For more information, please see Teague's Privacy Policy. Any personal information collected on this Website will be treated in accordance with Teague's Privacy Policy.
15. Minors' Use of the Website
Minors (individuals under 13 years of age) are not eligible or authorized to view or use the Website, and we ask that they do not submit any information, content or materials to us.
16. Cautionary Language Regarding Forward-Looking Statements
This Website may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Any such forward-looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from Teague's historical experience and our present expectations or projections. Teague undertakes no obligation to publicly update or revise any forward-looking statements.
17. Jurisdiction
These Terms of Use are governed and interpreted under the laws of the State of Washington, United States of America, without regard to its choice of law provisions. By using this Website you consent to the jurisdiction of the federal and state courts located in Washington for any action or claim arising from or relating to these Terms of Use. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that portion shall be deemed to be severable and shall be construed in accordance with applicable law. Such portion will not affect the validity and enforceability of any remaining provisions or terms. Teague's failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver of the Terms of Use and shall not limit Teague's rights with respect to such breach or any subsequent breaches.
18. Export Restrictions/Legal Compliance
You may not access, download, use or export the Website, or the materials and content provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Teague in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Teague outside the U.S. Neither the services of Teague nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into: (a) all countries subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawful permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.
Teague reserves the right, in its sole discretion, to suspend or terminate your access to this Website and prohibit any and all current and future use of this Website (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Website.
19. Contact Information
If you have any questions regarding these Terms of Use, please contact Teague at legal@teague.com. If you have any other questions, contact information is available at www.teague.com.