Terms Of Use
Last Modified: October 20, 2020
These terms of use (the “terms”) are in place to govern your access to and use of the Tempo Global Resources website, located at www.tempoglobalresources.com (which we refer to in these terms as the “site,” which also includes all associated content and functionality).
The site is owned by Tempo Global Resources, LLC, referred to, together with our affiliates, as “us”, “we” or “our”. When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the site.
1. ACCEPTANCE AND APPLICABILITY OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. They contain obligations you are expected to comply with and affect your legal rights. By using the site in any way, including accessing, browsing, reviewing, studying and/or contacting us through the site, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree to these terms or to any other policy posted on the site, you should not access or otherwise use the site.
These terms apply only to your use of the site. They do not govern other interactions you may have with us, including those you may have with us as a customer, supplier, service provider or otherwise.
We may make changes to the site or these terms at any time. We will post any changes we make to these terms on this page, and any changes will be effective once the new terms are posted. It is your responsibility to check these terms for updates. You can determine when these terms were last updated by referring to the “Last Modified” legend at the top. You understand and agree that your continued access to or use of the site after any posted update to these terms indicates your acceptance of the changes, even if you did not take the time to read them.
2. INTELLECTUAL PROPERTY
The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to the site. We also own or have licensed all proprietary rights to the copyrights, trademarks, service marks, trade names, and other intellectual property rights associated with the site. These are protected by applicable intellectual and proprietary rights and laws, whether in in our home jurisdiction or elsewhere.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any site content without our prior express written consent. You are permitted to view, print, or download any content from the site solely for your own use, but not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive, and non-transferable license solely to view, print, and download content from the site solely for such limited personal use. Any unauthorized use of the site and the content immediately and automatically without further action terminates this license. You may not download, republish, retransmit, reproduce, or use in any other way any image on the site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the site).
The trademarks, service marks, trade names, and logos, and all related names, designs and slogans used and displayed on the site are our intellectual property. These include “Tempo Global Resources,” “TGR” in stylized form, and any logos we may use from time to time. You may not use any of the marks used on our site without our prior express written consent. Likewise, you may not use any metatags, meta elements, "hidden text" or other equivalents without our express prior written consent.
3. LINKS TO OTHER WEBSITES
Our site may from time to time provide links to web pages, websites, and other resources or locations on the web that we do not own or operate (“third-party sites”). Links to such third-party sites are provided for your convenience. We do not control, endorse, or guarantee any third-party sites, and our policies do not apply to any third-party sites, as these will have their own policies and terms and conditions.
4. INDEMNITY
You agree to indemnify and hold us, and our managers, officers, affiliates, volunteers, agents, employees, licensors, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the site, your use of the site, or your violation of these terms.
5. DISCLAIMER AND LIMITATIONS ON LIABILITY
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY ALL CONTENT YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH CONTENT, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING FROM YOUR RELIANCE THEREON.
THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS INCLUDED ON OR MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS CONTENT, OR THAT OTHER SITES ACCESSED THROUGH OUR SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR SIMILAR PROBLEMS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY CONTENT, INFORMATION, OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR OTHERWISE.
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE, INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND/OR ANY INFORMATION AND/OR MATERIALS PROVIDED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR OUR AUTHORIZED REPRESENTATIVE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Illinois (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to these terms, including their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with the site and/or these terms shall be brought solely in Chicago, Illinois.
YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO, OR IN CONNECTION WITH THE SITE OR THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
7. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, which, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating, or voiding other rights to relief in either law or equity.