TSI 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