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TERMS OF USE

 

 

THESE TERMS OF USE GOVERN YOUR USE OF THIS WEB SITE, WHICH IS PROVIDED IN COORDINATION AMONG SOUTHWESTERN AUTOMATED CLEARING HOUSE ASSOCIATION, INDEPENDENT BANKERS ASSOCIATION OF TEXAS AND TEXAS CREDIT UNION LEAGUE (COLLECTIVELY REFERRED TO AS TECHMECCA). BY ACCESSING THIS WEB SITE, YOU ARE (I) INDICATING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS OF USE, AND (II) REPRESENTING TO TECHMECCA THAT YOU HAVE READ, UNDERSTAND, AND THAT YOU ACCEPT THE TECHMECCA PRIVACY POLICY. THESE TERMS OF USE AND THE PRIVACY POLICY ARE SUBJECT TO CHANGE BY TECHMECCA AT ANY TIME IN ITS DISCRETION WITHOUT NOTICE. YOUR USE OF THIS WEB SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Ownership of and Access To This Web site

This Web site is published and maintained by TECHMECCA for your reference and information. You are welcome to browse, download from, communicate with, and otherwise use the Web site subject to the terms and conditions contained herein and all applicable laws, rules, and regulations. TECHMECCA retains the right to refuse you access to this Web site or any of its resources, and to terminate or suspend your access at any time.

Restrictions On Use

You may use this Web site for purposes expressly permitted by this Web site. You may not use this Web site for any other purpose, without TECHMECCA's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Web site, or (ii) frame this Web site, or (iii) hyper-link to this Web site, without the express prior written permission of an authorized representative of TECHMECCA. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Web site or content accessible within this Web site. You agree to cooperate with TECHMECCA in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content accessible from this Web site, and any other World Wide Web site owned, operated, licensed, or controlled by TECHMECCA (the Content) is the proprietary information of TECHMECCA or the party that provided the Content to TECHMECCA, and TECHMECCA or the party that provided the Content to TECHMECCA retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of TECHMECCA, except that you may print out a copy of the Content solely for your personal, non-commercial use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates TECHMECCA's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Web site.

Hyper-Links

This Web site may be, from time to time, hyper-linked to other Web sites that are not maintained by, or related to, TECHMECCA. Hyper-links to such Web sites are provided as a service to users and are not sponsored by or affiliated with this Web site or TECHMECCA. TECHMECCA has not reviewed any or all of such Web sites and is not responsible for the content of those Web sites. Hyper-links are to be accessed at the user's own risk, and TECHMECCA makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the Web sites hyper-linked to this Web site. Further, the inclusion of any hyper-link to a third-party Web site does not necessarily imply endorsement by TECHMECCA of that Web site.

Submissions

You hereby grant to TECHMECCA the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to TECHMECCA through this Web site (together, the Submission), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. TECHMECCA will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future TECHMECCA operations.

TECHMECCA will treat any personal information that you submit through this Web site in accordance with its Privacy Policy.

Disclaimer

You acknowledge that TECHMECCA cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Web site for the reconstruction of any lost data. TECHMECCA does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete or up-to-date and should not be used to replace any written reports, statements, or notices provided by TECHMECCA. Users should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using this Web site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THE WEB SITE AND THE CONTENT IS PROVIDED AS IS, "WITH ALL FAULTS", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TECHMECCA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT . TECHMECCA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER/COMPUTER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECHMECCA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TECHMECCA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. YOU, AND NOT TECHMECCA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEB SITE OR ITS CONTENT. TECHMECCA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Web site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Web site, and TECHMECCA does not undertake any obligation to update such information after it is posted or to remove such information from this Web site if it is not, or is no longer, accurate or complete.

Indemnity

YOU HEREBY INDEMNIFY AND AGREE TO HOLD HARMLESS TECHMECCA, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND INSURERS, FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS' FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED) PAID OR INCURRED BY ANY ONE OR MORE OF THEM ARISING FROM, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS WEB SITE, THE CONTENT, OR ANY INFORMATION OR SERVICES PROVIDED THROUGH THIS WEB SITE. YOU ACKNOWLEDGE AND AGREE THAT YOU INTEND THE INDEMNIFICATION PROVIDED FOR HEREIN TO INCLUDE INDEMNIFICATION FOR NEGLIGENCE OF TECHMECCA. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TECHMECCA, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND INSURERS, FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE ARISING OUT OF ANY ACT OR OMISSION BY YOU IN VIOLATION OF THESE TERMS OF USE, OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION.

Waiver of Liability

YOU ACKNOWLEDGE AND AGREE THAT TECHMECCA SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, CLAIM, DEMAND, CAUSE OF ACTION OR EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS' FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED), OR ANY COMPENSATORY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), ARISING FROM ANY ACCESS TO, USE, OPERATION OR FAILURE OF THE TECHMECCA WEB SITE, OR ANY CONTENT, INFORMATION OR ANY SERVICES PROVIDED BY, THROUGH OR IN CONNECTION WITH THIS WEB SITE. YOU AGREE TO RELEASE, IDEMNIFY AND HOLD HARMLESS TECHMECCA FROM AND AGAINST ANY OTHER LIABILITY INCLUDING, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE OF TECHMECCA.

Trademarks/Service Marks

All right, title and interest in this Web site and any content included or available on this Web site, such as advertisements, text, graphics, logos, button icons, images, audio clips, service marks, and software, is the exclusive property of TECHMECCA and/or third parties and is protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on this Web site is the exclusive property of TECHMECCA and/or third parties and is protected by copyrights or other intellectual property rights. TECHMECCA and any party that provided trademarks, service marks, and logos to TECHMECCA retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Web site.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the TECHMECCA Web site are registered and unregistered Trademarks of PULSE and others. TechMecca and the TechMecca Design Mark are, among others, Trademarks of PULSE EFT Association, Inc. in the United States and other countries (registered trademark denotations on the TECHMECCA Web site indicate federal registrations in the United States). Nothing contained on the TECHMECCA Web site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the TECHMECCA Web site without the prior express written permission of TECHMECCA or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the TECHMECCA Web site is prohibited. TECHMECCA aggressively enforces its intellectual property rights, including by initiating and diligently pursuing civil and criminal actions against offenders.

Information You Provide

You agree not to post, send, submit, publish, or transmit in connection with this Web site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this Web site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Web site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Web site;
  • includes MP3 format files;
  • amounts to a pyramid' or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this Web site or any networks connected to this Web site; or
  • contains hyper-links to other Web sites that contain content that falls within the descriptions set forth above.

TECHMECCA reserves the right to monitor use of this Web site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither TECHMECCA nor any third party that provides Content to TECHMECCA will assume or have any liability for any action or inaction by TECHMECCA or such third party with respect to any submission.

Security

You will be responsible for the security of any username or password that may be issued to you by TECHMECCA or that you may acquire or obtain. Usernames and passwords will generally only be provided by TECHMECCA to representatives and agents of those persons, entities, or organizations that collaborate with TECHMECCA. In any event, usernames and passwords shall be issued by TECHMECCA in TECHMECCA's sole and absolute discretion. TECHMECCA will be entitled to monitor your username and password and, at its discretion, require you to change either or both of them. If you use a username and/or password that TECHMECCA considers insecure, TECHMECCA will be entitled to require the username and the password to be changed or TECHMECCA may terminate your account.

You are prohibited from using any services or facilities provided in connection with this Web site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, TECHMECCA reserves the right to release your details to system administrators at other Web sites in order to assist them in resolving security incidents. TECHMECCA reserves the right to investigate suspected violations of these Terms of Use.

TECHMECCA reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing TECHMECCA to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TECHMECCA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TECHMECCA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TECHMECCA OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Texas , United States of America , notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and TECHMECCA arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Dallas, Dallas  County, Texas. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Web site will govern the items to which they pertain. TECHMECCA may revise these Terms of Use at any time by updating this posting.

Last updated: February 17, 2007