Terms of Use

Welcome to Austin-Tetra, Inc. Austin-Tetra provides its service to you, subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By visiting our Web site, www.austintetra.com, you are accepting the practices described in our Privacy Policy and the Terms of Use described in this document.

Description of Service

Austin-Tetra offers services to businesses to help simplify buying and selling. Buying entities license access to its database of business information, including, proprietary Content, and Software through its Supplier Discovery Service, Supplier Web Enablement Service and Supplier Management Services. Supplier and buyer entities provide business information and access business information through its proprietary and affiliated services. Collectively these services, other products and services offered by Austin-Tetra not mentioned herein, the Austin-Tetra Web site at http://www.austintetra.com/ and affiliated Web sites are referred to as the "Austin-Tetra Service". Unless explicitly stated otherwise, any new features that augments or enhances the current Austin-Tetra Service shall be subject to these Terms and Conditions. You understand and agree that the Austin-Tetra Service is provided "AS-IS" and that Austin-Tetra assumes no responsibility for the timeliness, deletion, mis-delivery or failure to update or store any business or personal information, user communications or settings obtained directly from you or a third-party. In order to use portions of the Austin-Tetra Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

Supplier Obligations

In consideration of your use of the Austin-Tetra Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your Company as prompted by password and company registration forms (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Austin-Tetra has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Austin-Tetra has the right to suspend or terminate your registration and refuse any and all current or future use of the Austin-Tetra Service (or any portion thereof). By my submission of the Registration Data, I certify that I am authorized to provide information on behalf of the company I have listed in the Registration Data. Further, I certify on behalf of such company, that the statements I provided are true and correct and agree to the Terms of Use.

Buyer Obligations

In consideration of your use of the Austin-Tetra Service, you agree to provide true, accurate, current and complete information about yourself and your Company as prompted by password registration forms. If you provide any information that is untrue, inaccurate, not current or incomplete, or Austin-Tetra has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Austin-Tetra has the right to suspend or terminate your password and refuse any and all current or future use of the Austin-Tetra Service (or any portion thereof). You understand that Austin-Tetra is the sole owner of business information and personal information collected on our Web site, affiliated Web sites, and from our third-party certification and classification or other information sources. Buyers, their Company and their agents, will not use information obtained from any Austin-Tetra Service except for the sole purpose of providing sourcing and procurement services to their Company unless approved by Austin-Tetra in writing. You acknowledge that the Terms of Use grant you a limited license in exchange for payment of the fees and charges set forth in the Terms of Use or another written agreement that expressly states it supercedes all or a portion of the Terms of Use, and you shall not reproduce, retransmit, republish or otherwise transfer for commercial purpose any information that you receive from the Austin-Tetra Service, except to employees or agents whose duties reasonably relate to the legitimate business purposes for which the information is requested and you warrant that the employees or agents is the end user(s) of the information. You agree to limit use and dissemination of information from the Austin-Tetra Service solely to use(s) set forth in the Terms of Use or in another written agreement that expressly states it supercedes all or a portion of the Terms of Use. Uses outside of the normal course of business include without limitation: accessing or using information on public or private individuals and business entities unless used for the consideration of a business transaction. Resellers or information brokers are NOT permitted to access the Austin-Tetra Service. If you are a Reseller or an information broker, you must contact Austin-Tetra and execute a reseller agreement prior to accessing the Services. You understand and agree that in order to ensure compliance with the Terms of Use, Austin-Tetra will conduct periodic reviews of user activity and may contact you to provide documentation of executed searches. Austin-Tetra shall also investigate all legitimate reports of abuse or misuse of Austin-Tetra Services by our users or others. You agree to cooperate fully with any and all investigations. Violations discovered in any review by Austin-Tetra will be subject to immediate action including, but not limited to, termination of the account, legal action, and/or referral to federal or state regulatory agencies.

Austin-Tetra Obligations

Austin-Tetra Inc. recognizes the importance of protecting the privacy of all information provided by users of Austin-Tetra Services. We created our privacy policy with a fundamental respect for Buyer and Seller Company and user rights to confidentiality and your right to privacy. Information about you and your Company are subject to our Privacy Policy. For more information, click here to view our full Privacy Policy.

General User Obligations

You understand that all information, data, text, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, E-mail, transmit or otherwise make available via the Austin-Tetra Service. Austin-Tetra does not control the Content posted via the Austin-Tetra Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Austin-Tetra be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, E-mailed, transmitted or otherwise made available via the Service. You acknowledge and agree that Austin-Tetra may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Austin-Tetra and its users. You understand that the technical processing and transmission of the Austin-Tetra Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For purposes of the Terms of Use, "publicly accessible areas of the Austin-Tetra Service" are those elements of the Austin-Tetra Service accessible by the general public. By way of example, a publicly accessible area of the Austin-Tetra Service would include the iNet Supplier Information Management Registration, but would not include private Austin-Tetra iNet Supplier Information Management offerings. With respect to Content you elect to post for inclusion in publicly accessible areas of Austin-Tetra that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Austin-Tetra the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Austin-Tetra Service solely for the purpose of displaying, distributing and promoting the specific Austin-Tetra Service to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Austin-Tetra Service. This license exists only for as long as you elect to continue to include such Content on the Austin-Tetra Service and shall be terminated at the time you delete such Content from the Service. With respect to all other Content you elect to post to other publicly accessible areas of the Austin-Tetra Service, you grant Austin-Tetra the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.")

User Account, Password and Security

If you are accepted by Austin-Tetra, you will receive a password and user account designation upon completing the password registration process that you may use to access one or more elements of the Austin-Tetra Service. You are responsible for maintaining the confidentiality of the password and user account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Austin-Tetra of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Austin-Tetra cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

Indemnity

You agree to indemnify and hold Austin-Tetra, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Austin-Tetra Service, your use of the Austin-Tetra Service, your connection to the Austin-Tetra Service, your violation of the Terms of Use, or your violation of any rights of another.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Austin-Tetra Service, use of the Austin-Tetra Service, or access to the Austin-Tetra Service without expressed written permission from Austin-Tetra.

General Practices Regarding Use and Storage

You acknowledge that Austin-Tetra may establish general practices and limits concerning use of the Austin-Tetra Service, including without limitation the maximum number of days that E-mail messages, Supplier Registrations or other uploaded Content will be retained by the Austin-Tetra Service, the maximum number of E-mail messages that may be sent from or received by an account on the Austin-Tetra Service, the maximum size of any E-mail message that may be sent from or received by an account on the Austin-Tetra Service, the maximum disk space that will be allotted on Austin-Tetra's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Austin-Tetra Service in a given period of time. You agree that Austin-Tetra has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Austin-Tetra Service. You acknowledge that Austin-Tetra reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Austin-Tetra reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modification to the Austin-Tetra Service

Austin-Tetra reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Austin-Tetra Service (or any part thereof) with or without notice. You agree that Austin-Tetra shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Austin-Tetra Service.

Termination

You agree that Austin-Tetra, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Austin-Tetra Service, and remove and discard any Content within the Austin-Tetra Service, for any reason, including, without limitation, for lack of use or if Austin-Tetra believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Austin-Tetra may also in its sole discretion and at any time discontinue providing the Austin-Tetra Service, or any part thereof, with or without notice. You agree that any termination of your access to the Austin-Tetra Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Austin-Tetra may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Austin-Tetra Service. Further, you agree that Austin-Tetra shall not be liable to you or any third-party for any termination of your access to the Austin-Tetra Service.

Opting-Out

You may choose to opt-out from receiving future unsolicited marketing contacts from Austin-Tetra and/or from our external business partners. If you have agreed to allow Austin-Tetra to make your information available to outside organizations, we will use our reasonable best efforts to ensure that your individual data is no longer distributed by Austin-Tetra after your removal request. However, Austin-Tetra is not responsible for the removal of your personal information from third-party lists if you have previously authorized Austin-Tetra to distribute it. You will not be able to stop receiving or unsubscribe to these mailings if they are considered a part of the service you have chosen.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Austin-Tetra Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Austin-Tetra shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Austin-Tetra Service.

Links

The Austin-Tetra Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Austin-Tetra has no control over such sites and resources, you acknowledge and agree that Austin-Tetra is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Austin-Tetra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Austin-Tetra's Proprietary Rights

You acknowledge and agree that the Austin-Tetra Service and any necessary software and programming used in connection with the Austin-Tetra Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that copyrights, trademarks, service marks, patents or other proprietary rights and laws protect Content or information presented to you through the Austin-Tetra Service. Except as expressly authorized by Austin-Tetra, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Austin-Tetra Service or the Software or the Content, in whole or in part. Austin-Tetra grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Austin-Tetra Service. You agree not to access the Austin-Tetra Service by any means other than through the interface that is provided by Austin-Tetra for use in accessing the Austin-Tetra Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE AUSTIN-TETRA SERVICE IS AT YOUR SOLE RISK. THE AUSTIN-TETRA SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUSTIN-TETRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AUSTIN-TETRA MAKES NO WARRANTY THAT (i) THE AUSTIN-TETRA SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE AUSTIN-TETRA SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AUSTIN-TETRA SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AUSTIN-TETRA SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AUSTIN-TETRA SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUSTIN-TETRA OR THROUGH OR FROM THE AUSTIN-TETRA SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUSTIN-TETRA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUSTIN-TETRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE AUSTIN-TETRA SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE AUSTIN-TETRA SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AUSTIN-TETRA SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE AUSTIN-TETRA SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE DISCLAMER OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Notice

Notices to you may be made via either E-mail or regular mail. The Austin-Tetra Service may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Austin-Tetra Service.

Trademark Information

Austin-Tetra trademarks and service marks, and other Austin-Tetra logos and product and service names are trademarks of Austin-Tetra Inc. (the "Austin-Tetra Marks"). Without Austin-Tetra's prior written permission, you agree not to display or use in any manner, the Austin-Tetra Marks. Austin-Tetra respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Austin-Tetra the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. 2. A description of the copyrighted work that you claim has been infringed. 3. A description of where the material that you claim is infringing is located on the site; 4. Your address, telephone number, and E-mail address. 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 6. 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.

General Information

The Terms of Use constitute the entire agreement between you and Austin-Tetra and govern your use of the Austin-Tetra Service, unless other agreements between you and Austin-Tetra identifies such as superceding all or a portion of the Terms of Use. You also may be subject to additional Terms of Use that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and Austin-Tetra shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Austin-Tetra agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas. The failure of Austin-Tetra to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Austin-Tetra Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of the Terms of Use to info@austintetra.com group.