- IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Tank reserves the right to revise and update these terms and conditions at any time and without prior notice. Any such revisions will be effective on the date of posting to the Site. You should periodically visit this page to review the current terms to which you are bound.
- All right, title and interest in and to the materials on the Site is either owned or controlled by Tank or its clients, or used with permission. Nothing contained on the Site should be construed as granting, directly, indirectly, by implication, estoppel, or otherwise, any license or right to use any materials on the Site, including but not limited to the copyrights and trademarks displayed on the Site without the written permission of Tank or such third party that may own such materials displayed on the Site. Your misuse of the materials displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Tank will aggressively enforce any and all of its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution to the extent necessary.
- While Tank uses reasonable efforts to include accurate and up to date information in the Site, the Site is provided by Tank on an “as is” basis. Tank makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or the information, content or materials included on the Site. To the full extent permissible by applicable law, Tank disclaims all warranties, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement. Tank does not warrant or make any representations regarding the use or the results of the materials on the Site in terms of their correctness, accuracy, reliability, or otherwise. Tank has no duty whatsoever to update the Site or the content hereof, and Tank will not be liable for any failure to update such information.
- While Tank uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. Tank assumes no liability or responsibility whatsoever for any errors, omissions, or unauthorized alterations in the content or functionality of the Site.
- Your use of and browsing in the Site are at your risk, solely and exclusively. Neither Tank nor any other party involved in creating, producing, or delivering the Site makes any representations, directly, indirectly, or by implication, about the suitability of the content of this Site for any purpose, nor that your use of the Site will be uninterrupted or error-free. NO SUCH PARTY SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. IN NO EVENT SHALL TANK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
- Tank has not reviewed any sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own sole and exclusive risk.
- Any other unsolicited communication or material that you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by Tank or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, Tank is free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material that you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
- Although Tank may from time to time monitor or review postings, transmissions, and the like on the Site, Tank is under no obligation whatsoever to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Tank retains the right to remove any such posting at any time and without prior notice and will fully cooperate with any and all law enforcement authorities or any applicable court order requesting or directing Tank to disclose the identity of anyone posting any such information or materials.
- Tank may, but is not required to, give notice to its users by means of a general notice on this Site, electronic mail to a user’s e-mail address on its records, or by written communication sent by first class mail to a user’s address on its records.
- Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
Notification must be submitted to the following Designated Agent:
Service Provider(s): Tank Design, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Kelly Heath
Telephone Number of Designated Agent: 617-995-4000
Facsimile Number of Designated Agent: 617-995-4001
Email Address of Designated Agent: email@example.com
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material 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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Site, you 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 further agree to indemnify Tank against any and all costs, liabilities, losses or expenses arising from, or relating to any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
- You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of Tank or the appropriate third party.
- These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Suffolk County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.