Website Terms & Conditions
The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Tucker intends to make such products or services available in such countries.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Tucker or its content suppliers, WITH ALL RIGHTS RESERVED, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tucker or its content suppliers, and is protected by United States and international copyright laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Tucker. All copyright or other proprietary notices must be kept intact.
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Tucker may not be used in connection with any business, product, or service whose source is not Tucker, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Tucker. All other trademarks, service marks, trade names, and logos not owned by Tucker that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tucker. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Tucker displayed or contained in the Website without the express, written consent of Tucker.
Some products and processes used on the Websites may be covered by, or may be subject to, one or more patents and are subject to other trade secret and proprietary rights. Tucker, Service Providers, and Business Partners reserve all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes on the Websites. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein without the express, written consent of Tucker.
Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through the Websites may be used by you solely for accessing and using the Websites for purposes expressly stated on the Websites or in an applicable written document, provided that such uses are not competitive or derogatory to Tucker or its Service Providers, or Business Partners. Tucker and its Service Providers, and Business Partners retain full and complete title to and all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble, or create derivative works based upon any Software.
The following restrictions apply to use of material on the Websites: (i) if any information is marked “Proprietary” or “Confidential” or words of like import, you will hold such information in confidence, use it exclusively in connection with the activities for which you are authorized on the Websites, and not publish or otherwise disclose it to others; (ii) if any information contains restrictions on use or disclosure, you will comply with the restrictions; and (iii) you will keep all restrictive language intact in all copies.
License and Site Access
The Website pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of every internal copy, Tucker is acknowledged as the source with a copyright symbol. This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Tucker. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Tucker without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Tucker’s name or trade names, trademarks, or service marks without the express, written consent of Tucker. Any unauthorized use terminates the permission or license granted by Tucker.
If you use the Website, 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.
User Conduct – Security
In using any of the Websites, you agree not to:
Disrupt or interfere with the security of, or otherwise abuse, the Websites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Websites or affiliated or linked websites; disrupt or interfere with any other user’s enjoyment of the Websites or affiliated or linked websites;upload, post, or otherwise transmit through or on any Websites any viruses or other harmful, disruptive, or destructive files; use or attempt to use another’s account, service or system without authorization from Tucker or create or use a false identity on any Websites; transmit through or on any Websites spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; attempt to obtain unauthorized access to any Websites or portions of any Website that are restricted from general access; grant access to or use any Website or portions of any Website that are restricted to any third party without Tucker’s prior consent; or use the user name or password of any other person at any time.
Reviews, Comments, Communications, and Other Content
Tucker reserves the right to refuse service, terminate accounts, or remove or edit content in their sole discretion. This Website may include discussion forums or other interactive areas, including chat rooms, bulletin boards, and collaboration facilities. You may not post reviews, comments, and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, abusive, or otherwise objectionable, or that constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law. You shall remain solely liable for the content of any messages or other information posted by you on this Website, and Tucker takes no responsibility and assumes no liability for the content of posted or uploaded material. Tucker reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content.
Product and Service Descriptions
Tucker attempts to be as accurate as possible. However, Tucker does not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Tucker disclaims any liability for any failure to update this website or the information or any document contained herein.
Tucker respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringed the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the
“Copyright Agent” specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the Website; Your address, telephone number, and e-mail address; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Tucker’s designated agent for notice of claims of copyright infringement on the Website at the following address:
15311 Vantage Parkway W, Ste 250
Houston, TX 77032
Phone: (281) 442-9096
Fax: (281) 442-3811
Please note that this procedure is exclusively for notifying Tucker that your copyrights materials have been infringed.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
Disclaimer of Warranties and Limitation of Liability
This Website is provided by Tucker on an “as is” and “as available” basis. Tucker makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
Tucker makes no guarantees, warranties or representations, express or implied, concerning the security, timeliness, relevancy, sufficiency, accuracy, reliability, fitness for any particular purpose, title, non-infringement or completeness of any data, information, or services furnished to you on or through this site, or concerning the information you provide to us. Tucker disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Tucker does not warrant that the Website, its servers, or e-mail sent from Tucker are free of viruses or other harmful components. Tucker will not be liable for any damages of any kind arising from the use of the website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitation 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.
The parties agree that there shall be no requirement to translate any of the Websites, or any portion thereof or content thereon, into any other language than the one in which they appear, and that all contractual and transactional communications shall be in the English language, and that there shall be no requirement to translate any communication into any other language.
Site Policies, Modification, and Severability