1. Introduction
1.1 - Thanks for choosing TCC.NYC ("TCC.NYC," "we," "us," "our"). TCC.NYC provides professional services for electrical power distribution products as well as other products and services that may be developed from time to time.
1.2 - Please read the Terms of Use carefully before you start to use the TCC.NYC website (the “Website).
1.3 - By using the Website (the “Service”), signing up, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you are entering into a binding contract with TCC.NYC.
1.4 - Additionally, by using product data, graphics, or technical information, that is made available through the Service (the "Content"), via digital copy or hard copy, you are entering into a binding contract with TCC.NYC.
1.5 - Your agreement with us includes these Terms, as discussed in the Entire Agreement section below (the "Agreement"). If you wish to review the terms of the Agreement, the current effective version of the Agreement can be found on TCC.COM’s website. You acknowledge that you have read and understood the Agreement, accept the Agreement, and agree to be bound by the Agreement. If you don't agree with (or cannot comply with) the Agreement, then you may not use our Service or access any Content.
1.6 - In order to use the TCC.NYC Service and access any Content, you need to (1) be 18 years or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States. You also promise that any registration information that you submit to TCC.NYC is true, accurate, and complete, and you agree to keep it that way at all times.
1.7 - If you do not want to agree to the Terms of Use, you must not access or use the TCC.NYC Website, the Service, or the Content.
2. Changes to the Agreement
2.1 - Occasionally we may make changes to the Agreement. When we make material changes to the Agreement, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreement, you may terminate your account by contacting us.
3. Using Our Service
3.1 - The TCC.NYC Service and the Content are the property of TCC.NYC. By accessing the Service and the Content, we grant you limited, non-exclusive, revocable permission to make use of the TCC.NYC Service, and limited, non-exclusive, revocable permission to make use of the Content (collectively, "Access").
3.2 - The TCC.NYC software and the Content are not sold or transferred to you, and TCC.NYC retains ownership of all copies of the TCC.NYC Software and Content even after use or installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices ("Devices").
3.3 - All TCC.NYC trademarks, service marks, trade names, logos, domain names, and any other features of the TCC.NYC brand ("TCC.NYC Brand Features") are the sole property of TCC.NYC or its licensors. The Agreement does not grant you any rights to use any TCC.NYC Brand Features whether for commercial or non-commercial use.
3.4 - You agree to abide by our User guidelines and not to use the TCC.NYC Service, the Content, or any part thereof in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in the Agreement, TCC.NYC grants no right, title, or interest to you in the TCC.NYC Service or Content.
4. Purchased Content
4.1 - While the TCC.NYC Service makes some Content publicly available to view, this Content is for reference only and may not be used for engineering, filing with any agency or third party, or for any other professional or commerical use. In order to make the Content usable for such purposes, the Content must be purchased through our website, assigned to a specific building address (the “Project”), marked with project information, and signed & sealed by one of our professional engineers (“Purchased Content”).
4.2 - You promise and agree that you are using the TCC.NYC Purchased Content for your own professional use at the assigned Project.
4.3 - You promise that you will not repurpose or reuse the Purchased Content on other projects.
4.4 - You promise that you will not transfer or redistribute the Purchased content to other individuals or entities, except those specfically related to the Project.
4.5 - TCC.NYC may, but has no obligation to, monitor, review, or edit Purchased Content stored on our servers. In all cases, TCC.NYC reserves the right to remove or disable access to any Purchased Content for any or no reason, including Purchased Content that, in TCC.NYC’s sole discretion, violates the Agreement. TCC.NYC may take these actions without prior notification to you or any third party. Removal or disabling of access to Purchased Content shall be at our sole discretion.
4.6 - YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TCC.NYC RELATED TO PURCHASED CONTENT THAT YOU PURCHASED, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD TCC.NYC HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
5. Pricing & Promotions
5.1 - Fees
5.1.1 - Fees for Purchased Content are described on our pricing page. Tiered pricing is offered for multiple plots used at the same building address (the "Project") and purchased together during the same checkout session (the “Session”). The first plot of a project is subject to a fixed price as shown on the pricing page. Subsequent plots, for the same project and when purchased during the same session, are subject to fees lower than the first. Multiple projects cannot be combined at checkout.
5.2 - Reduced/Promotional Rates
5.2.1 - From time to time, we or may offer promotional rates or reduced rates for a specified period (a "Promotion"). A Promotion may be available to users through a promotion code or a site wide price reduction.
5.2.2 - TCC.NYC may determine your eligibility for a Promotion, and withdraw or modify a Promotion at any time without prior notice and with no liability, to the extent permitted under applicable law.
6. Rights You Grant To Us
6.1 - In consideration for the rights granted to you under the Agreement, you grant us the right to allow the TCC.NYC Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service.
6.2 - If you provide feedback, ideas or suggestions to TCC.NYC in connection with the Service or the Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize TCC.NYC to use that Feedback without restriction and without payment to you.
7. User Guidelines
7.1 - By using the TCC.NYC Service and Content, you certify that:
- all information you have provided is accurate and true to the best of your knowledge;
- you are using the service in a professional and ethical manner.
7.2 - You may not use the TCC.NYC service in any way that:
- is offensive, abusive, defamatory, threatening, or obscene;
- is illegal;
- includes false data regarding your project;
- impersonates or misrepresents your affiliation with another person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- interferes with or in any way disrupts the TCC.NYC Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or TCC.NYC's computer systems, network, usage rules, or any of TCC.NYC's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreement, as determined by TCC.NYC.
7.3 - The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, transferring, or making available to the public, any part of the TCC.NYC Service or the Content, or otherwise making any use of the TCC.NYC Service or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights of the TCC.NYC Service or the Content or any part of it;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the TCC.NYC Service, Content or any part thereof except to the extent permitted by applicable law;
- circumventing any technology used by TCC.NYC to protect the Content or the Service;
- selling, renting, licensing or leasing of any part of the TCC.NYC Service or the Content, except as permitted by the Agreement;
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service;
- providing your password to any other person or using any other person's username and password;
- "crawling" the TCC.NYC Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from TCC.NYC or the TCC.NYC Service;
7.4 - Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
8. Project Information
8.1 - We are required to collect Project information for all Purchased Content that is signed and sealed by our professional engineers. This is partly due to government regulation and state licensing board regulation. It also helps us locate your time current curves should you lose track of them.
8.2 - You are required to submit Project information during the checkout process. Your Project Information will not be shared, sold, or redistributed in any way whatsoever.
9. Service Limitations and Modifications
9.1 - TCC.NYC will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance, testing, or required updates, may, from time to time, result in temporary interruptions. TCC.NYC reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service, or any function or feature thereof.
9.2 - You understand, agree, and accept that TCC.NYC will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service.
10. Corporate Accounts and Transactions
10.1 - If you establish a TCC.NYC account or Purchase Content on behalf of a company, organization, entity, or corporation (a "Corporation"), the terms "you" and "your," as used throughout the Agreement, apply to both you and the Corporation.
10.2 - If you create a Corporate Account or Purchase Content on behalf of a Corporation, you represent and warrant that you are authorized to grant all permissions provided in the Agreement and to bind the Corporation to the Agreement.
11. Customer Support
11.1 - For customer support, please submit request to our customer service department using the contact form on the Contact Us section of our website. We will use reasonable endeavors to respond to all customer support queries within a reasonable time frame, but we make no promises that any customer support requests will be responded to within any particular time frame and/or that we will be able to answer any such queries.
12. Term and Termination
12.1 - The Agreement term will begin when you begin to use the service and the content of TCC.NYC. The Agreement term shall continue to apply to you while you used the TCC.NYC Service and Content, including the use of Purchased Content offline. However, you acknowledge and agree that the perpetual license granted by you in relation to the Content and the Purchased Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreement for any reason.
12.2 - TCC.NYC may terminate the Agreement or suspend your access to the TCC.NYC Service at any time, including in the event of your actual or suspected unauthorized use of the TCC.NYC Service and/or the Content, or non-compliance with the Agreement, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or TCC.NYC terminate the Agreement, or if TCC.NYC suspends your access to the TCC.NYC Service, you agree that TCC.NYC shall have no liability or responsibility to you, and TCC.NYC will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreement at any time by discontinuing use of the TCC.NYC Service and Content, including Purchased Content.
12.3 - All sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.
13. Warranty Disclaimer
13.1 - YOU UNDERSTAND AND AGREE THAT THE TCC.NYC SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TCC.NYC MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TCC.NYC DOES NOT WARRANT THAT THE TCC.NYC SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
13.2 - NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TCC.NYC SHALL CREATE ANY WARRANTY ON BEHALF OF TCC.NYC.
13.3 - THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
14. Limitation and Time For Filing
14.1 - YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TCC.NYC SERVICE IS TO STOP USING THE TCC.NYC SERVICE AND DESTROY ANY PURCHASED CONTENT.
14.2 -IN NO EVENT WILL TCC.NYC, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE TCC.NYC SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TCC.NYC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TCC.NYC SERVICE, MORE THAN THE AMOUNT PAID BY YOU TO TCC.NYC FOR THE PURCHASED CONTENT QUESTION.
14.3 - YOU AGREE THAT ANY CLAIM AGAINST TCC.NYC MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (18.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (18.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
14.4 - THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Entire Agreement
15.1 - Other than as stated in this section or as explicitly agreed upon in writing between you and TCC.NYC, the Agreement constitutes all the terms and conditions agreed upon between you and TCC.NYC and supersede any prior agreements in relation to the subject matter of the Agreement, whether written or oral.
16. Severability, Waiver and Interpretation
16.1 - Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
16.2 - Any failure by TCC.NYC to enforce the Agreement or any provision thereof shall not waive TCC.NYC's right to do so.
16.3 - As used in these Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation."
17. Indemnity
17.1 - You agree to indemnify and hold TCC.NYC harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to:
- the Agreement;
- your breach of the Agreement;
- the Service, Content, or Purchased Content;
- your use of, or inability to use, the Service;
- any copyright or privacy breach claims arising in connection with the Service;
- any violation by you of any law or government regulation applicable to the Services.
18. Choice of Law, Mandatory Arbitration, and Venue
18.1 - Governing Law / Jurisdiction
18.1.1 - The Agreement (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of New York, United States of America, without regard to choice or conflicts of law principles.
18.1.2 - You and TCC.NYC agree to the jurisdiction of the Southern District of New York to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 18.2.1.
18.2 - Arbitration Agreement
18.2.1 - Dispute Resolution and Arbitration
18.2.1.1 - You and TCC.NYC agree that any dispute, claim, or controversy between you and TCC.NYC arising in connection with or relating in any way to the Agreement or to your relationship with TCC.NYC as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be determined by mandatory binding individual (not class) arbitration.
18.2.1.2 - You and TCC.NYC agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim.
18.2.1.3 - Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court.
18.2.1.4 - The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration.
18.2.1.5 - This arbitration provision will survive termination of the Agreement.
18.2.2 - Exceptions
18.2.2.1 - Notwithstanding the clause above (18.2.1), you and TCC.NYC both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
18.2.3 - No Class or Representative Proceedings: Class Action Waiver
18.2.3.1 - YOU AND TCC.NYC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
18.2.3.2 - Unless both you and TCC.NYC agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
18.2.3.3 - If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
18.2.4 - Arbitration Rules
18.2.4.1 - Either you or TCC.NYC may start arbitration proceedings. Any arbitration between you and TCC.NYC will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and TCC.NYC agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
18.2.4.2 - Any arbitration hearings will take place in the county of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address.
18.2.5 - Notice; Process
18.2.5.1 - A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required). TCC.NYC's address for Notice is: TCC.NYC, Attn: General Counsel, 2005 Palmer Avenue, #1123, Larchmont, New York 10538, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand").
18.2.5.2 - We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or TCC.NYC may commence an arbitration proceeding.
18.2.5.3 - During the arbitration, the amount of any settlement offer made by you or TCC.NYC shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
18.2.5.4 - All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
18.2.6 - Enforcability
18.2.6.1 - If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 18.1 shall govern any claim in court arising out of or related to the Agreement.
19. How to Contact Us
19.1 - If you have any questions or concerns regarding the Agreement, please contact customer service by visiting the Contact Us page on our website.
19.2 - You may also contact us TCC.NYC, 2005 Palmer Avenue, #1123, Larchmont, New York 10538, USA
Thank you for reading our Terms of Use.
We hope you enjoy TCC.NYC!
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