Technology Management Programs Inc.
Floor Dealer Assistant SoftwareTM Agreement
Anyone using the TMP Floor Dealer Assistant SoftwareTM with or without the B2B options signifies agreement with the following terms and conditions:
The TMP Floor Dealer Assistant SoftwareTM is a proprietary software product, protected by copyright laws. It is licensed to users upon payment of applicable fees for use by users for one subscriber site. Any modification, dissemination, or other use of this software is prohibited. The TMP Floor Dealer Assistant SoftwareTM is provided as a Software as a Service application, and it is the subscribers responsibility to maintain the required computer hardware, operating system and communication connections required by this software.
It is the users responsibility to determine its applicability to user requirements, and TMP shall have no obligation to provide modifications or updates to the software. No claim or warranty is made by TMP regarding the applicability of the Floor Dealer Assistant SoftwareTM for any specific use.
When using the data transfer option with a user accounting software package, it is the users responsibility to notify TMP of any changes in the accounting software being utilized. TMP is not obligated to provide any software update which enables the data transfer function to work with any revised accounting software, but TMP may do so at TMP’s option for an added fee.
When used in conjunction with the B2B option for the electronic exchange of transactions or receipt of catalog sheets, TMP shall provide format translation software which enables the Floor Dealer Assistant SoftwareTM to send and receive transactions electronically as per the floor covering industry’s EDI specifications. Transactions supported will be limited to those transactions specified on the prevailing TMP price sheet and limited to other trading partners using the floor industry’s B2B specifications. It is the users
rsponsibility to complete any B2B registrations required by trading partners.
TMP is not a party to any transaction issued via the Floor Dealer Assistant SoftwareTM. Transactions will be transmitted via internet protocols and it is the senders responsibility to verify transaction receipt. It is the sole responsibility of the subscriber to determine the legal status of transactions issued by electronic commerce and to execute any electronic commerce Agreements they may deem advisable with other trading partners.
Users shall prepay service charges to TMP at prevailing rates and terms at time of initial activation and for each subsequent renewal. Access to the Floor Dealer Assistant SoftwareTM will become disabled if not renewed by payment of applicable fees when due. One time set up fees may apply to some feature options.
In the event of service termination, TMP shall retain the users data files for a period of 3 months
to support a restoration of service. TMP shall have no other obligation for the retention or dissemination of the users data.
Current rate schedules available from TMP upon request and subject to change without notice. No prepaid fees will be refundable and no service charges shall be offset against prepaid fees in the event of cancellation. The term of this Agreement shall be on an annual basis subject to earlier termination as provided in this Agreement.
For users of the Floor Dealer Assistant SoftwareTM also participating in the Floor Dealers On Call service, the terms of the service agreement for the Floor Dealers On Call service also apply.
LIMITATION OF LIABILITY: TMP shall not be liable for any action or inaction of any trading partner or any other third party service provider or for the loss or distortion of any transaction or data, and in no event shall TMP be liable to the user for lost profits, savings, or damages arising from the use of the TMP Floor Dealer Assistant SoftwareTM.
All matters of this Agreement shall be governed by the laws of the State of California and disputes shall be heard in San Diego County, California.
Rev 1/05/10
Technology Management Programs Inc.
Floor Dealers On CallTM Service Agreement
Anyone using the TMP Floor Dealers On CallTM Service, (FDOC), signifies agreement with the following terms and conditions.
TMP will support and promote the FloorDealersOnCallTM web site to enable consumers to indicate an interest in receiving flooring information from local floor covering dealers. Methods of promotion of the FloorDealersOnCallTM web site are at the sole discretion of TMP.
These requests from consumers will be forwarded to subscribing dealers whose registration for the FDOC service indicates they service the requestors area based on zip code. The number of zip codes will be limited to a maximum number established by TMP.
The request will be considered delivered to the subscriber when the email is issued. It is the responsibility of the subscriber to maintain an active email account and to provide TMP with their active email address. Subscription applies to one dealer location and lead responses will be forwarded to only one email address.
As with any advertising, TMP cannot guarantee that any requests will be received within a subscribers service area, nor can TMP guarantee the quality of any requests received.
Subscribers shall prepay service charges to TMP at prevailing rates and terms at time of initial activation and for each subsequent renewal. Upon expiration of the dealers subscription term without a prepaid renewal, TMP shall terminate the service to that subscriber with no further obligation.
Current rate schedules available from TMP upon request and subject to change without notice. No prepaid fees will be refundable.
LIMITATION OF LIABILITY: The TMP Floor Dealers On CallTM Service is an informational service and in no event shall TMP be liable to the subscriber for lost profits, savings, or damages arising from the use of this service..
All matters of this Agreement shall be governed by the laws of the State of California and disputes shall be heard in San Diego County, California.
Rev 1/05/10