PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING THE PRODUCTS AND SERVICES PROVIDED
These TUCO Tec Terms of Service (these “Terms”) explain the relationship between TUCO
Tec LLC. (“TUCO Tec”, “we” or “us”) and you when you use “TUCO Tec Products or
Services”. TUCO Tec LLC is a Colorado Limited Liability Company, located at 5345
Arapahoe, Suite 7, Boulder, Colorado 80303.
Tec LLC BY USING THE TUCO Tec PRODUCTS OR SERVICES YOU REPRESENT TO US THAT YOU ARE
LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
IF YOU ARE USING THE TUCO Tec PRODUCTS OR SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR
ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND TUCO Tec LLC
AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE
The TUCO Tec Products or Services are owned by TUCO Tec LLC and are licensed, not sold, to
you. TUCO Tec grants to you a personal, nonexclusive, nontransferable, limited license
(without the right to sublicense) to access and use the TUCO Tec Products and Services
subject to the limitations set forth in these Terms, any and all other terms and policies
set forth in the TUCO Tec Products or Services. You acknowledge that the source code for the
TUCO Tec Products or Services and other trade secrets embodied in the TUCO Tec Products or
Services have not been and will not be licensed or otherwise disclosed to you. All rights
not expressly granted herein are reserved by TUCO Tec.
Use of TUCO Tec Products or Services.
Free Trial and Payment
TUCO Tec may offer either a free trial usage of TUCO Tec Products or Services. Following the
free trial period, you will be required to prepay for TUCO Tec Products or Services online
with your Credit Card.
TUCO Tec Products or Services fees are listed on the website. TUCO Tec reserves the right to
change the Fee Schedule anytime.
TUCO Tec does not store, process or transmit any of your credit card data but relies
entirely on www.paypal.com to handle these functions for online payments.
Your TUCO Tec Products or Services will not be available until prepayment is received.
To cancel TUCO Tec Products or Service, use TUCO Tec support email address
firstname.lastname@example.org to request the cancellation . We begin to process cancellation requests
immediately, but your credit card provider may require several days to process your
We are not responsible for refund delays.
If any payment due TUCO Tec is collected at law or through an attorney at law or under
advice therefrom or through a collection agency, you agree to pay all costs of collection,
including, without limitation, all court costs and reasonable attorneys' fees.
Refunds are initiated with a two-step process. Step 1 – You email email@example.com your
refund request. Step 2 – TUCO Tec replies to your email acknowledging receipt of the refund
process. Until both steps are complete, no refund will be processed.
Refunds will be based on the amount of the initial payment less the single analysis purchase
price for each of the analyses that were completed prior to Step 2 of the refund process.
You can terminate your contract anytime. Send your request using TUCO Tec support email
Unused subscription due to early termination will not be reimbursed.
You are responsible for providing the equipment and services that you need to access, the
TUCO Tec Products or Services. TUCO Tec does not guarantee that the TUCO Tec Products or
Services are accessible on any particular equipment or device or with any particular
software or service plan.
You are responsible for all activities that occur through your Login Credentials, whether or
not authorized by you. Please do not share your Login Credentials with any other person.
You will use the TUCO Tec Products or Services only for your internal business purposes and
in accordance with applicable laws, rules and regulations. You are responsible for all of
your activities that occur within, through or as a result of your use of the TUCO Tec
Products or Services. You agree that you will not use the TUCO Tec Products or Services for
unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct,
including violation of any third party privacy or other rights. You agree that you will not
use the TUCO Tec Products or Services if you are under the age of majority in your place of
residence or otherwise not fully able and competent to agree to these Terms.
The TUCO Tec Products or Services allow you to upload, transmit and use information and
other content to and through the TUCO Tec Products or Services (collectively, “Your
Content”). You are solely responsible for the accuracy, quality, legality and means by which
you acquired Your Content.
Except as specifically permitted in these Terms or expressly authorized in writing by TUCO
Tec, you agree that you will not directly or indirectly: (a) distribute, sell, assign,
encumber, transfer, rent, lease, sublicense, modify or time-share the TUCO Tec Products; (b)
reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify
any of the TUCO Tec Products or Services; or (c) permit any third party to engage in any of
the acts described in clauses (a) and (b).
You are not permitted to: (w) remove or alter any copyright or other proprietary rights’
notice or restrictive rights legend contained or included in any of the TUCO Tec Products or
Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate
or otherwise reverse engineer any of the TUCO Tec Products or Services; (y) use any means to
discover the source code of the TUCO Tec Products or Services or to discover the trade
secrets in the TUCO Tec Products or Services; or (z) otherwise circumvent any functionality
that controls access to or otherwise protects the TUCO Tec Products or Services.
You are responsible for complying with all laws, rules and regulations (including those
relating to internet, data and email privacy) that apply to your use of the TUCO Tec
Products or Services.
TUCO Tec is responsible for providing the TUCO Tec Products or Services in accordance with
these Terms and all applicable laws, rules and regulations.
We will maintain commercially reasonable administrative, physical and technical safeguards
intended to protect the security, confidentiality and integrity of information that you
provide to or through the TUCO Tec Products or Services.
TUCO Tec reserves the right but is not obligated to improve, enhance or modify the TUCO Tec
Products or Services. We will notify you in advance of changes to the TUCO Tec Products or
Services that may significantly adversely affect the manner in which you use the TUCO Tec
Products or Services or the manner in which the TUCO Tec Products or Services perform.
TUCO Tec is not responsible for the content of Other Services or for losses, liabilities,
actual or pending claims, actions, damages, expenses, costs of defense and reasonable
attorneys’ fees (“Claims”) arising from your use of content, information, web sites,
Software, services and other materials of third parties with which you may interact when you
use the TUCO Tec Products or Services (collectively, “Other Services”). YOU ACCESS OTHER
SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND
CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.
We use commercially reasonable efforts to make the TUCO Tec Products or Services available
to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time,
unavailability caused by you or any software, hardware or service not provided by us,
unscheduled downtime and/or any cause beyond our reasonable control (including without
limitation natural disasters, wars, terrorist act, civil disturbances, acts of any
government or agency thereof, strikes or other labor problems, Internet service or other
third party service providers’ failures or delays and systemic electrical,
telecommunications or other utility outages or failures).
We warrant that we have validly entered these Terms and have the legal power to do so. You
warrant that (i) you have validly entered into these Terms and have the legal power to do so
and (ii) you have all necessary rights, licenses, consents and permissions to use Your
Content with the TUCO Tec Products.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOU ACKNOWLEDGE THAT THE TUCO Tec Products ARE SUPPLIED
TO YOU ON AN "AS IS" BASIS AND THAT USE OF THE TUCO Tec Products IS AT YOUR SOLE RISK. TUCO
Tec HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE TUCO Tec Products AND THE USE,
PERFORMANCE, OPERATION AND SUPPORT THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT,
INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR
DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING
OR USAGE OF TRADE. TUCO Tec DOES NOT WARRANT THAT (A) THE TUCO Tec Products WILL MEET YOUR
REQUIREMENTS, (B) OPERATION OF THE TUCO Tec Products WILL BE UNINTERRUPTED OR VIRUS- OR
ERROR-FREE, (C) THAT THE TUCO Tec Products WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER
APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE TUCO Tec Products WILL
BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY TUCO Tec OR ITS AUTHORIZED AGENTS WILL
NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TUCO Tec’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE
DELIVERY, USE OR PERFORMANCE OF THE TUCO Tec Products OR THESE TERMS (WHETHER IN CONTRACT OR
TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE AMOUNT PAID BY YOU
HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; PROVIDED THAT IN NO EVENT SHALL
TUCO Tec’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT
OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU
HEREUNDER. THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.
IN NO EVENT WILL TUCO Tec BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL,
EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO,
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR
BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER
THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE TUCO Tec Products OR
THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) EVEN IF TUCO Tec HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE
FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree that the above limitations of liability, together with the other provisions in
these Terms that limit liability, are essential terms of these Terms and that TUCO Tec would
not be willing to grant you the rights set forth in these Terms but for your agreement to
these limitations of liability.
The TUCO Tec Products or Services, including the "look and feel" (e.g., text, graphics,
images, logos), content and other material, are protected under copyright, trademark and
other laws. You acknowledge and agree that TUCO Tec owns all right, title and interest in
and to the TUCO Tec Products or Services (including without limitation any and all patent,
copyright, trade secret, trademark, show-how, know-how and any and all other intellectual
property rights therein or related thereto) and you agree not to take any action(s)
inconsistent with such ownership interests. You do not acquire any rights or licenses under
any of TUCO Tec’s copyrights, patents, patent applications, copyrights, trade secrets,
trademarks or other intellectual property rights on account of these Terms. Any and all (a)
suggestions for correction, change and modification to the TUCO Tec Products or Services,
evaluation data, evaluations and other feedback (including but not limited to quotations of
written or oral feedback, information and reports provided to TUCO Tec by you (collectively,
“Feedback”)), and all (b) improvements, updates, modifications or enhancements, whether
made, created or developed by TUCO Tec or otherwise relating to the TUCO Tec Products or
Services (collectively, “Revisions”), are and will remain the property of TUCO Tec. You
acknowledge and expressly agree that any contribution of Feedback or Revisions does not and
will not give or grant you any right, title or interest in the TUCO Tec Products or Services
or in any such Feedback or Revisions. All Feedback and Revisions become the sole and
exclusive property of TUCO Tec and TUCO Tec may use and disclose Feedback and Revisions in
any manner and for any purpose whatsoever without further notice or compensation to you and
without retention by you of any proprietary or other right or claim. You hereby assign to
TUCO Tec any and all right, title and interest (including, but not limited to, any patent,
copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other
intellectual property rights) that you may have in and to any and all Feedback and
Revisions. Upon request by TUCO Tec, you will execute any document, registration or filing
required to give effect to the foregoing assignment.
You agree to indemnify and defend TUCO Tec and its affiliates, directors, officers,
employees and agents from and against all Claims brought against TUCO Tec by any third party
arising from your use of the TUCO Tec Products or Services or any violation of these Terms,
the rights of a third party or applicable law. Your indemnification obligations set forth in
this Section 8 apply to any applicable actions taken under your Account. TUCO Tec reserves
the right, at its own expense, to assume the exclusive defense and control of any matter
subject to indemnification hereunder. In any event, no settlement that affects the rights or
obligations of TUCO Tec may be made without TUCO Tec prior written approval.
Modifications to Terms
We may modify these Terms at any time. Modifications become effective immediately upon your
first access to or use of the TUCO Tec Products or Services after the “Last Revised” date at
the top of this page. Your continued access or use of the TUCO Tec Products or Services
after the modifications become effective is deemed your conclusive acceptance of the
These Terms will automatically terminate when you fail to comply with any term or condition
of these Terms. Upon termination, you will cease all use of the TUCO Tec Products or
Services in your possession or control. Termination will not limit any of TUCO Tec’s other
rights or remedies at law or in equity.
You are solely responsible for any and all duties, taxes, levies or fees (including any
sales, use or withholding taxes) imposed on or in connection with these Terms or the TUCO
Tec Products or Services by any authority.
You agree that a breach or a threatened breach of these Terms will cause injury to TUCO Tec
for which money damages will not provide an adequate remedy and TUCO Tec will be entitled to
seek equitable relief in addition to any remedies it may have hereunder or at law without a
bond, other security or proof of damages.
These Terms may not be modified except by a writing executed by the duly authorized
representatives of TUCO Tec. No other act, document, usage, or custom will be deemed to
modify or amend these Terms. These Terms will inure to the benefit of and will be binding
upon each party’s successors and assigns. These Terms and the licenses granted hereunder may
be assigned by TUCO Tec, but you may not assign them without the prior express written
consent of TUCO Tec.
If either party fails to perform any term hereof and the other party does not enforce such
term, the failure to enforce on any occasion will not constitute a waiver of any term and
will not prevent enforcement on any other occasion.
Nothing contained in these Terms will be deemed to constitute either party as the agent or
representative of the other party, or both parties as joint venturers or partners for any
In the event that either party is prevented from performing, or is unable to perform, any of
its obligations under these Terms due to any cause beyond the reasonable control of the
party invoking this provision, the affected party's performance will be extended for the
period of delay or inability to perform due to such occurrence.
parties with respect to the matters contained herein and there are no promises, covenants or
undertakings other than those expressly set forth herein.
Please direct questions regarding these Terms to firstname.lastname@example.org with “Terms of Service”
in the subject line.