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Terms
Terms Website Terms of Use
Last Updated: August 20, 2024
Contents
1. Acceptance of the Terms of Use
2. Additional Terms
3. Your Information and Privacy Policy
4. Intellectual Property Rights
5. Website Access and Security
6. Prohibited Uses
7. Enforcement and Termination
8. Website Changes
9. Reliance on Information
10. Third-Party Links and Websites
11. Geographic Restrictions
12. Disclaimers
13. Limitation of Liability
14. Indemnification
15. Governing Law and Jurisdiction
16. Entire Agreement
17. Miscellaneous
18. Contact Information
These terms of use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), form a contract between you (“you” or “your”) and TSI. These Terms of Use govern your access to and use of our websites, such as https://www.tsi.com and https://tsilink.com, as well as any other website owned or operated by TSI, regardless of its domain (collectively, the “Website”).
You may have access to certain content through the Website, including but not limited to:
- Software and software as a service offerings (“Software”).
- Web pages, articles, data, messages, text, images, photographs, graphics, audio, video, and documents such as brochures, specification sheets, technical documentation, technical notes, whitepapers, presentations, and other informational materials (“Materials”).
- Real-time messaging features for customer service or automated assistance, surveys and polls, webinars, feedback forms, and other interactive features “Interactive Features”).
- Other resources provided through the Website or contained within the structure of the Website (along with our Software, Materials, and Interactive Features, the “Content”).
Please read these Terms of Use carefully before you start using the Website. By accessing or using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.
We reserve the right to change these Terms of Use from time to time, as indicated by the “Last Updated” date. It is your responsibility to check these Terms of Use regularly for changes. Your continued access to or use of the Website after any changes are posted will mean that you accept and agree to such changes. Additional terms and conditions (“Additional Terms”) may apply to purchases of specific products or services and to specific portions or features of the Website. All such Additional Terms are incorporated into these Terms of Use by this reference. In the event of a conflict between these Terms of Use and any Additional Terms that govern a specific product, service, or specific portion or feature of the Website, the Additional Terms shall prevail with respect to that specific product, service, or specific portion or feature of the Website.
For example, a subscription-based service accessed or used through TSI Link are governed by the additional terms and conditions located in the TSI Link Terms of Service. In the event of a conflict between these Terms of Use and the TSI Link Terms of Service, the TSI Link Terms of Service shall prevail with respect to your access to and use of the relevant TSI Link subscription-based service. All information we collect on the Website is subject to TSI’s Privacy Policy, which is incorporated into these Terms of Use by this reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with TSI’s Privacy Policy. The Website and its entire Content, features, functionality, and all related intellectual property (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by TSI Incorporated or third parties. All rights, titles, and interests remain the property of TSI and/or the respective third-party owners. All Content is protected by trade dress, copyright, patent, trademark laws, and various other intellectual property and unfair competition laws.
You are authorized to view, display, download, make copies, and print portions of the relevant Materials on the Website solely for:
- Transacting business with TSI (such as placing an order or purchasing our products or services).
- Your personal, non-commercial use, subject to any explicitly stated restrictions.
- Duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Website, or any portion of the Website, for any public or commercial use, without the express written consent of TSI.
- Remove or alter any author, trademark, or other proprietary notices or legends displayed on the Website (or printed Materials produced from the Website).
- Make any other modifications to any Content obtained from the Website other than in connection with completing information required to transact business with TSI.
You are responsible for:
- Making all necessary arrangements to access or use the Website.
- Ensuring that anyone who accesses or uses the Website through your internet connection is aware of and complies with these Terms of Use.
If you choose, or are provided with, a username, password, or any other piece of security information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website using your account or username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your account or username, password, or any other breach of security. You also agree to ensure that you exit from or sign out of your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to disable any account or username, password, or other identifier, whether chosen by you or provided by us, at any time if, we believe you have violated any provision of these Terms of Use. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any manner that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate TSI, a TSI employee, another user, or any other person or entity (including, without limitation, by using email addresses or account names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm TSI or users of the Website, or expose them to liability.
- Use the Website in any manner that could disable, overburden, damage, or impair them or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including, without limitation, monitoring or copying any of the Material on the Website.
- Use any manual process to monitor or copy any of the Material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website or Content provided on or through the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Breaches or violations of these Terms of Use (including any Additional Terms).
- Requests by law enforcement or other government agencies.
- Discontinuance or material modification to the Website (or any part thereof).
- Unexpected technical or security issues or problems.
- Engagement by you in fraudulent or illegal activities.
The Website may include content provided by third parties, such as material from our vendors and other third parties. All statements and/or opinions expressed in such materials, other than the Materials provided by TSI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TSI. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. If the Website contains links to other and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. TSI is headquartered in the State of Minnesota in the United States. We make no claims that the Website or any Content provided on or through the Website is accessible or suitable for use outside the United States. Access to or use of the Website or any Content provided on or through the Website may be restricted or illegal in certain jurisdictions. We reserve the right, at our sole discretion, to limit the availability and quantity of any feature, product, or service to any person or geographic area. Any offer for any product, service, feature, or functionality made on the Website is void where prohibited. If you choose to access or use the Website or any Content provided on or through the Website from outside the United States, you do so at your own risk and are responsible for complying with local laws. You understand that we cannot and do not guarantee or warrant that any Content available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
TO THE FULLEST EXTENT PERMITTED BY LAW, TSI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR CONTENT OBTAINED THROUGH THE WEBSITE, OR THROUGH ANY OTHER SITE LINKED TO THE WEBSITE.
YOUR USE OF THE WEBSITE, ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE, AND ANY SERVICES OR OTHER ITEMS OBTAINED ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE, AND ANY SERVICES OR OTHER ITEMS OBTAINED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TSI MAKES NO WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, TSI DOES NOT WARRANT THAT THE WEBSITE, ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE, OR ANY SERVICES OR OTHER ITEMS OBTAINED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE, OR ANY SERVICES OR OTHER ITEMS OBTAINED ON OR THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, TSI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TSI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY OTHER SITE LINKED TO THE WEBSITE, OR ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, TSI’s liability is limited to the greatest extent permitted by law. You agree to defend, indemnify, and hold harmless TSI and its affiliates from and against any actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising out of or relating to your conduct on the Website or violation of these Terms of Use. This includes, but is not limited to, any use of the Content, services, and products provided on or through the Website other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by the laws of the State of Minnesota, U.S.A., without regard to principles of conflicts of laws. You irrevocably consent to the jurisdiction of the State and Federal Courts in Minnesota, U.S.A. These Terms of Use, together with TSI’s Privacy Policy and any applicable Additional Terms, constitute the entire agreement between you and TSI regarding your access to and use of the Website, superseding any prior version of these Terms of Use between you and TSI with respect to the Website.
For the avoidance of doubt, these Terms of Use do not supersede any Additional Terms pursuant to which you have been granted the right to use or access a specific product, service, or specific portion or feature of the Website. Waiver. No waiver by TSI of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TSI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Statute of Limitations. Any cause of action or claim you may have that arises out of or relates to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Please contact us with questions relating to the Website at:
Email: webmaster@tsi.com
Fax: +1 651-490-3824 (Attn: Webmaster)
Postal Mail:
TSI Incorporated (Attn: Webmaster)
500 Cardigan Road
Shoreview, MN 55126
United States
TSI PRIVACY POLICY
Last Updated: August 20, 2024
Contents
1. Introduction
2. Collection of Personal Information
3. Cookies and Other Similar Online Technologies
4. Use and Disclosure of Personal Information
5. Other Online Services
6. Retaining Personal Information
7. Protecting Personal Information
8. Your Privacy Rights
9. Additional Notice for California Residents
10. Additional Notices for International Visitors
11. Contact Information
This Policy applies to Personal Information we collect about you when you access or use our websites, such as https://www.tsi.com and https://tsilink.com, as well as any other website owned or operated by TSI, regardless of its domain (collectively, the “Websites”); TSI connected devices, such as the OmniTrak Smart Station, BlueSky Environmental Air Quality Monitor, and AirAssure Indoor Air Quality Monitor (“TSI Devices”); TSI mobile applications, such as the DustTrak Mobile App and TrakPro Ultra (the “Apps”); or Microsoft Excel Add-Ins, such as the TSI Link Report Creator Standard Connected and any other online products and services provided by us that link to this Policy (collectively, “Online Services”) as well as offline collection, for instance if you meet with us in person or attend events (along with our Websites, Apps, and Online Services, the “Services”).
This Policy reflects our current processing practices and our practices over the last 12 months. We reserve the right to change this Policy from time to time, as indicated by the “Last Updated” date. Personal Information is any information that can, directly or indirectly (for example, when combined with other data), identify a specific person.
TSI may obtain Personal Information directly from you when you interact with our Services, including when you create an online account, fill out a form, provide us with your business card, complete a survey, sign up to receive one of our newsletters, make a purchase, interact with us via social media, request support or otherwise communicate with TSI.
TSI also may get Personal Information about you from vendors that collect Personal Information on our behalf or provide Personal Information to us. For example, TSI partners with payment processing vendors who collect and use payment information in accordance with their privacy practices. TSI does not typically maintain your payment information.
TSI may obtain Personal Information from other third parties, such as industry contacts, joint marketing opportunities and data providers or data brokers, such as those that assist in verifying business contact information.
The Personal Information we collect includes:
- Identifiers and Nonpublic Personal Information, such as your full name, account or username, contact details, billing or shipping addresses, and other personal identifiers.
- Commercial Information, such as products or services purchased, obtained, or considered and related information, such as product serial number and date of purchase.
- Internet Activity Information, such as IP address, device ID, mobile ad ID, browsing history, search history and other information about how you interact with our Online Services. For more information about our use of cookies and other tracking technologies, see the section titled Cookies and Other Similar Online Technologies below.
- Geolocation, such as approximate location inferred from your IP address and precise geolocation of TSI Devices.
- Audio and Visual Information, such as recorded customer service interactions, recorded online job interviews, and photos or videos that you might submit.
- Professional or Employment-Related Information, such as your company name, industry, title, and employer. This may also include information contained in your resume or other related information if you apply for a job with us. Note that some information that is submitted through the job application process may be considered sensitive under some laws.
- Demographic Information, which we may collect from our job applicants voluntarily. This may include race or ethnicity, gender or gender identity, sexual orientation, veteran status, or disability status. Note that this type of information may be considered sensitive under some laws.
- Inferences that we draw from your Personal Information, such as your product preferences or your suitability for employment.
Please note that we do not use or disclose Sensitive Personal Information, as defined under the California Consumer Privacy Act, for purposes that would permit California residents to limit our use and disclosure of this data.
Our products and Services are not intended for or targeted to children, and we do not knowingly request or collect information from any person under 16 years of age. TSI and our vendors may obtain data about the use of TSI’s Online Services through cookies, SDKs and other similar online technologies (“Cookies”). These vendors include those that help us with data analytics, marketing TSI products and content delivery. Some of this data may be considered Personal Information. Please note that we or our vendors may collect Personal Information about your online activities over time and across different devices and websites when you use our Online Services.
Some Cookies are necessary for our Online Services to function. These Cookies help to support Online Services security, analytics and an improved overall user experience. Other Cookies are optional and you have control over their use as outlined below.
We may also use certain third-party web analytics services, such as Google Analytics, to help us understand and analyze how visitors use our Websites. We use this information to implement Google advertising features such as behavioral reporting, demographics and interests reporting, user segment analysis, device reporting, display advertising and impression reporting.
You may be able to opt out of certain interest-based advertising using the settings on your browser or mobile device. In addition, the following services or organizations offer information or tools that you can use to limit or opt out of interest-based advertising:
- For more information on Microsoft’s data collection practices, visit: microsoft.com/en-us/privacystatement.
- For more information on how Google Analytics uses the data it collects, visit: policies.google.com/technologies/partner-sites. To opt out of Google Analytics, visit: tools.google.com/dlpage/gaoptout. To adjust your Google advertising settings, visit: myadcenter.google.com.
- To opt out of interest-based advertising from companies that participate in the Digital Advertising Alliance (DAA) or Network Advertising Initiative (NAI) opt-out programs, please visit the DAA’s youradchoices.com/control and NAI’s optout.networkadvertising.org.
You may also use mobile device settings to limit certain mobile tracking technologies and associated activities. For instance, you can adjust or reset the advertising identifiers on your mobile device in the device settings. iOS users can visit Settings > Privacy > Advertising > Reset Advertising Identifier. Android users can visit Google Privacy Settings > Ads > Reset Advertising ID. We may use your Personal Information and disclose it to other parties, such as our affiliates, business partners and vendors, for various purposes, including to:
- Provide Our Services, such as servicing your account, operating and maintaining our products and Services, giving you information about our products and Services, processing your payments and sending your orders and communicating with you about our products and Services.
- Customer Service, such as responding to your requests for technical support, services, product information or to any other communication you initiate, including requests, inquiries, and complaints.
- Process Job Applications, such as reviewing material you submit, performing background checks, checking and contacting references and providing accommodations.
- Operate Our Business, including developing or improving our products and Services, keeping records, and working with our business advisers.
- Security and Integrity, including protecting our Services from cyber risks; preventing, identifying, investigating and responding to fraud, illegal or malicious activities and other liabilities; verifying identity; enforcing our policies and terms; protecting our rights or those of others; and generally providing you with a secure experience when using our Online Services.
- Quality, Safety, and Internal Research, including evaluating how our products and Services perform, enhancing the quality of our products and Services, tracking and responding to quality or safety issues and developing new or enhanced products and service offerings.
- Advertising and Marketing, including measuring the use of our Services and effectiveness of our advertising and marketing and uncovering insights to improve our Services and provide our users with personalized features and functionalities.
We will use your Personal Information to comply with our legal requirements; to maintain appropriate records for administrative purposes; to protect our rights and interests or those of others; to resolve disputes; to prevent harm; to enforce our terms and any other agreements; for any purpose for which you provide consent or at your direction and for any other purposes permitted by law. Our Online Services may contain links to, or features facilitated by, other online services provided by our vendors or other third parties (such as certain portals or features provided by a vendor, including YouTube API Services). Your use of these interactive features is voluntary, and we, our vendors or another third party may retain the information that you submit through these features. For example, we may offer an interactive chat feature to assist you with customer service. When you participate in an interactive chat with the virtual agent, the contents of the chat may be captured and kept as a transcript viewable to us or the vendor providing the chat feature. Certain interactive features may allow you to share content to your social media profile.
When using the Online Services, you may come across links or interactive features related to third-party websites and services that we do not operate or control. If you provide your Personal Information to that third party through its websites or services, you will be subject to that third party’s privacy practices, policies and terms of use.
This Policy does not apply to the practices of companies that we do not own or control. We provide these external links and interactive features for your convenience, and we have no control over, do not review, and are not responsible for external or third-party online services. When visiting another online service or submitting information through an interactive feature provided by a vendor, you are subject to that online service’s terms of use and privacy policy. You should review those privacy policies to understand how these parties may use or disclose your Personal Information. We retain your Personal Information as long as your account is active and for a reasonable period of time afterward. We will retain and use Personal Information as permitted by law, as necessary for any purposes explained in this Policy and any reasonably compatible purposes or to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements or protect TSI’s legal rights and those of others. Where your Personal Information is used for more than one purpose, we will retain it until the last retention period is met.
In determining our retention periods, we consider factors such as our legal and contractual obligations, as well as the amount, nature, and sensitivity of the Personal Information, the purposes for which we process the Personal Information, and the potential risk of harm that may result from unauthorized processing of the Personal Information. We maintain physical, electronic and organizational safeguards, which we review regularly. Unfortunately, no security measures are perfect all the time, and we cannot guarantee the security of Personal Information provided to us. Depending on your location and/or residency, certain laws may provide you, or an authorized agent, privacy rights regarding your Personal Information.
These privacy rights may include the right to know what Personal Information we process about you and to request access to, correction of and deletion of your Personal Information. You also may have the right to ask for a portable copy of your Personal Information or to object to or ask that we restrict our processing of your Personal Information. Under some laws, if we rely on your consent for Personal Information processing, you may withdraw your consent at any time.
If you, or your authorized agent, would like further information regarding your privacy rights under applicable data privacy laws or would like to exercise a privacy right, contact us at webmaster@tsi.com and include any relevant information that would help us process your request. For example, you may send us your full name, TSI account number, contact details associated with your TSI account and, if different, an email address at which you would like to be contacted.
Privacy rights requests are subject to our verification procedures, and we may request additional information from you in order to process the request.
You can expect that TSI will respond to your privacy request within the required time period under applicable law, unless we reach out to explain that it will take us longer. If we cannot fulfill your privacy request in whole or in part, we will explain why. It is our policy not to disclose any information in response to a privacy request that may adversely affect the privacy of other persons unless we are legally required to do so.
We will not discriminate or retaliate against any person for exercising privacy rights provided by applicable law. This information supplements other parts of this Policy and provides additional information to California residents. Please read this information in conjunction with the other portions of our Policy. For instance, we have described the Personal Information we collect, the sources from which we collect Personal Information, and our purposes for that collection at the beginning of this Policy. We have also explained how we disclose Personal Information to others and how you can exercise your privacy rights in other portions of our Policy.
Selling and Sharing Personal Information. California residents additionally may opt out of the sale of Personal Information or from our use of Personal Information for cross-context behavioral advertising purposes. We use certain Personal Information collected through Cookies on our Websites for these purposes, and California residents may opt out of this use by selecting the “Do Not Sell or Share My Personal Information” link in the footer of any page of our Websites, or you may submit an opt-out request to webmaster@tsi.com.
Shine the Light. If you are a California resident, note that we do not disclose Personal Information to other parties for their own direct marketing purposes. TSI is based in the United States. If you are using our Online Services outside the United States, please be aware that your Personal Information is being sent to and processed in the United States. The United States has its own laws governing privacy and government access to Personal Information that we need to comply with. The rules that protect your Personal Information under United States law are likely different than in your home country. By providing us with your Personal Information, you acknowledge and permit our processing of your Personal Information in the United States. Where TSI participates in a cross-border data transfer of Personal Information, we take steps to comply with applicable laws to safeguard your Personal Information.
TSI Incorporated is the data controller responsible for processing Personal Information as described in this Policy. Our Data Protection Officer can be contacted at webmaster@tsi.com.
Our Legal Bases. When applicable under foreign data protection laws, such as the European Union’s General Data Protection Regulation, TSI relies on the following legal bases for processing Personal Information.
- Contractual Obligations. We use your Personal Information to be able to provide you with the products or Services you request from us.
- Our Legal Requirements. Sometimes laws, regulations and other binding legal obligations require us to collect and use your Personal Information. For example, tax laws require us to retain records of purchases.
- Our Legitimate Interests. To rely on this legal basis, TSI must have a good and fair reason to use your Personal Information and do so in ways that are balanced with your interests and rights. For example, we might rely on our legitimate interests when we process Personal Information to protect the security of our Online Services. When we rely on our legitimate interests, we take into account the effects that these actions might have on you. If you have questions about our decisions regarding our legitimate interests, you may contact us.
- Your Consent. We may ask for your consent for certain Personal Information processing. For example, we may rely on your consent to provide you with marketing communications or to enable non-essential Cookies. When you consent, you may withdraw your consent at any time by contacting us at webmaster@tsi.com.
Please contact us with questions or to exercise your privacy rights at:
Email: webmaster@tsi.com
Fax: +1 651-490-3824 (Attn: Webmaster)
Postal Mail:
TSI Incorporated (Attn: Webmaster)
500 Cardigan Road
Shoreview, MN 55126
United States
TSI LINK TERMS OF USE
Last Updated: October 18, 2023
Our websites, https://www.tsi.com and https://tsilink.com are provided by TSI Incorporated (“TSI,” “we,” or “us”). These terms of use ("Terms") constitute a legal contract between you and TSI and govern all aspects of your use of TSI’s websites (hereinafter “Website”). Please read these Terms carefully. By downloading or using any of the information, materials, or functions available on the Website, you agree to be bound by these Terms.
YOUR INFORMATION AND DISCLOSURE TO THIRD PARTIES
TSI has made a commitment to protecting the privacy of those who our Website. Please review the Website’s Privacy Policy. The Website’s Privacy Policy is incorporated by reference in the Terms. By using the Website, you are consenting to the Privacy Policy.
SITE SERVICES
When you use the Website and TSI SaaS solutions, you consent to receive communications from us electronically via the Website. You agree to provide accurate, current, and complete information about yourself when you use the Website and to update such information while you continue to use the Website.
YOUR LICENSE
Subject to these Terms, TSI grants you a personal, non-exclusive, non-transferable, limited and revocable license to access the Website and TSI SaaS for your personal use (“Your License”). TSI reserves the right to revoke Your License to use the Website at any time, including if we detect any unauthorized use by you in violation of these Terms.
DATA OWNERSHIP
The parties agree that notwithstanding anything in this Agreement, and subject to the application of the TSI Privacy Policy, the parties jointly own all data, pertaining to your use and access of the Website. Specifically, raw data relating to TSI devices, including the data generated therefrom shall be jointly owned by the parties and each party may enjoy all rights and privileges accorded ownership of such joint property without accounting to the other. With respect to aggregated information, TSI may prepare and maintain information collected from your use of the Website that is aggregated or otherwise altered so that it does not directly identify you and cannot reasonably be linked to you. TSI may use and share such information for our business purposes.
INTELLECTUAL PROPERTY
The Website, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Website (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by TSI or third parties; all rights, title, and interest will remain the property of TSI and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws. You are authorized to view and retain a copy of pages of the Website only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Website for the purpose of transacting business with TSI. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Website, or any portion of the Website, for any public or commercial use, without the express written consent of TSI. Additionally, you agree that you (i) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Website (or printed pages produced from the Website), and (ii) will not make any other modifications to any documents obtained from the Website other than in connection with completing information required to transact business with TSI.
USE OF INFORMATION AND MATERIALS
The information and materials contained on the Website, these Terms of Use, policies, and any descriptions on the Website, are subject to change. You accept sole responsibility for all of your activities using the Website. Your use of the Website is limited to the intended function of the Website. Unauthorized use of the Website and systems, including but not limited to unauthorized entry into TSI's systems or misuse of any information posted on the Website, is strictly prohibited. You may You may not use the Website in a manner that:
- (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
- (b) is unlawful, fraudulent, or deceptive;
- (c) uses technology or other means to access content or systems of TSI in a manner that is not authorized by TSI;
- (d) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access content or systems of TSI;
- (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- (f) attempts to gain unauthorized access to TSI's computer network or user accounts;
- (g) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- (h) violates the Terms or any other TSI policies;
- (i) attempts to damage, disable, overburden, or impair TSI servers or networks;
- (j) fails to comply with applicable third-party terms; or
- (k) constitutes any other inappropriate conduct, as determined by us in our sole discretion.
Subject to the terms of this Agreement, TSI shall use commercially reasonable efforts to provide you with the services. The services outlined in the attached Appendix A will be available on a free or paid subscription basis based on your selection of services and payment. You will select a subscription plan at the time of registration detailing the services to be provided by TSI, along with any applicable fees and payment terms (the "Subscription Plan"). You may upgrade your selection at any time. TSI may periodically offer free trials of some or all paid tier features at TSI’s sole discretion. If TSI offers client software (e.g., a desktop or mobile application) for any service, you may use such software solely with the service, subject to the terms and conditions of this Agreement. You acknowledge that our services are on-line, subscription-based products and that we may make changes to the services from time to time. Payment, pricing terms and the Tier level for the services are set forth on TSI’s TIER information page available and in Appendix A attached hereto, which are incorporated by reference into these Terms of Use.
SUBSCRIPTION
Your subscription(s) will begin upon activation or, if applicable, within thirty (30) days after receiving your shipment in the US, or within ninety (90) days for shipments outside of the US, whichever comes first.
CANCELLATION
You may cancel your subscription at any time. When you cancel a subscription, TSI will cancel only future charges associated with your subscription. Cancellations are effective at the end of the current billing period, and as such, TSI does not offer prorated refunds for cancelled subscriptions. All subscriptions are recurring and will automatically renew for a period of one (1) year after the end of each paid subscription period. You will not receive a refund for the current billing cycle as you will continue to have the same access and benefits of your subscription for the remainder of the current billing.
You may cancel your subscription by:
- Cancelling from www.tsilink.com
- Calling 1-800-680-1220 or +1 651-490-2860
- Emailing answers@tsi.com
- Sending a written notice of cancellation to TSI Incorporated, 500 Cardigan Road, Shoreview, MN 55126 USA
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS
At times you may experience difficulty accessing the Website, communicating with TSI through the Internet, or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider's, or TSI's, can experience unanticipated outages or slowdowns or have capacity limitations. TSI is not responsible for failure or delay of performance caused by such problems.
SECURITY
TSI makes no warranty whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Website. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. TSI is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Website by webmaster@tsi.com.To protect the security of your information, TSI may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Website.
SEVERABILITY/NO WAIVER
If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. TSI's failure to enforce the strict performance of any provision of the Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms or the additional terms and conditions.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE, OR FROM YOUR USE OF, OR INABILITY TO USE THIS THIS SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
DISCLAIMERS
THE WEBSITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR 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. TSI MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. TSI UNDERTAKES NO OBLIGATION TO UPDATE THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSI, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE WEBSITE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE WEBSITE AND ITS CONTENT AND DATA MAY BE PROVIDED BY TSI FROM TIME TO TIME WITHIN THE WEBSITE.
INDEMNIFICATION
You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Website or violation (or alleged violation) of these Terms. Under no circumstance will TSI be liable for damages of any kind that result from your use of, or the inability to use, the Website.
CHANGES
You are responsible for reviewing these Terms regularly. TSI reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Website, the Terms, or any TSI policies related to use of the Website. Revisions to the Terms or TSI's policies may be provided through the Website, including by posting the revisions on the Website. Continued use of the Website following such modifications to the Website, the Terms, additional terms and conditions for any service, or other TSI policies will constitute your acceptance of such modifications and revisions.
THIRD PARTY MARKS
Google Maps™, Auth0®
Use of the aforementioned marks is without sponsorship nor endorsement of said parties.
COPYRIGHT
The entire content included in this Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TSI Incorporated. The collective work includes works that are licensed to TSI Incorporated, Copyright 2019, TSI Incorporated ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with us or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with us or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
CONTACT US
If you have any questions regarding the Website, these should be directed to webmaster@tsi.com .