Terms of Use / Important Legal Notices

Before using this web site, please read the Terms of Use (the “Terms of Use”) set forth below.
These Terms of Use apply to the www.tgp-solutions.com web site, including related websites and our current and future mobile applications thereof (collectively, the “TGP Site”), and the www.tiresync.com website, including related websites and our current and future mobile applications thereof (collectively, the “TireSYNC Site”), and the www.tgpwidget.com website, including related websites and our current and future mobile applications thereof (collectively, the “tgpWidget Site”).  The TGP Site and the TireSYNC Site and the tgpWidget Site are also each individually referred to as our, this or the (or similar descriptive word) “Site” in these Terms of Use.

By using this Site, persons accessing or using this Site (“you”) and related Services and Site Content (as both are defined below) agree to be bound by these Terms of Use. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Site, the Site Content (including the Software, as defined below), and the Services.

TGP Solutions LLC and its representatives, affiliates and subsidiaries (“we,” “us,” “our,” or words of similar import) may modify these Terms of Use at any time by posting revised Terms of Use on our Site and your continuing use of such Site, the Site Content (except as provided otherwise in Section 10, below), and the Services constitutes your agreement to be bound by such modified Terms of Use.  See Section 23, below.
We may also make certain Software (as defined in Section 10, below) available for you to download from the Site as a part of the Site Content.  If your use of the Software is not governed by a separate written agreement between us and you for use of the Software (a “Separate Agreement”), your use of the Software is governed by these Terms of Use.  If a Separate Agreement is in place, the Separate Agreement governs your use of the Software covered by the Separate Agreement.  See Section 10, below.

Use of this Site, the Site Content, and the Services is only available to persons who are 18 years of age or older. If you are under this age, please use this Site, the Site Content, and the Services only in conjunction with your parents or guardians, who must agree to these Terms of Use and will be responsible for all such use.

1.   NO REPRESENTATIONS OR WARRANTIES

All information, data, documents, agreements, text, graphics, videos, images, pictures, designs, applications, graphics, software (including Software), audio, sound, files, and other content on this Site and available through the Services, including their selection and arrangement, are sometimes referred to collectively as the “Site Content” in these Terms of Use.

We may make certain services and products available through this Site, including information regarding products and services, facilitating the sending of emails and other communications, the downloading of Software (including Samples) and other Site Content, and other services and products, provided that you agree to abide by the terms and conditions contained in these Terms of Use.  These services and products, as well as all other services and products we provide in connection with this Site, are referred to collectively in these Terms of Use as the “Services.”

With reference to any Services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, modify the Services or any portion thereof and/or establish various practices, limitations and restrictions for administering such Services, and you agree to be bound by such modifications and practices.

The Site, the Site Content (including the Software), and the Services could include inaccuracies, typographical errors or other errors.  We are not responsible or liable for any such inaccuracies or errors in this Site, the Services, or the Site Content (including the Software).  We also make no commitment to update what is contained in this Site, the Services, or the Site Content (including the Software). Furthermore, we reserve the right to temporarily or permanently modify, alter, discontinue or delete the same or any portion of the same without prior notice.

You should not rely upon opinions expressed on or information or data contained in this Site or the Site Content (including the Software) when making automotive, business, financial, personal or other decisions. Furthermore, we do not endorse, nor are we responsible or liable for, the opinions of third parties expressed on this Site, in the Site Content, or on linked web sites.

We may take, but we are not required to take, any action we deem appropriate, in our sole discretion, to maintain the high quality of the Site, the Site Content (including the Software), and the Services and to protect ourselves and others. We also reserve the right to temporarily or permanently modify, alter, discontinue or delete the Site or any of the Site Content (including the Software) or Services without prior notice.

Consequently, and without limiting the foregoing,

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SITE OR THE SERVICES OR THE SITE CONTENT (INCLUDING ANY SOFTWARE) FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, THE SITE, AND THE SITE CONTENT (INCLUDING THE SOFTWARE) ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR CONDITION, AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES OR THE SITE CONTENT (INCLUDING THE SOFTWARE) WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES OR THE SITE CONTENT (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR ERROR-FREE. Some states do not allow the disclaimer of implied warranties, so portions of the foregoing disclaimer may not apply to you.

2.   MOBILE SERVICES

The Services may include certain services that are available via your mobile phone, including the ability to browse the Site from your mobile phone (the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply to your use of the Mobile Services. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.

3.   USER WARNINGS / USER CONDUCT

In consideration for our providing this Site, the Services, and the Site Content (including the Software), when using this Site, the Services, or the Site Content (including the Software) you also agree not to:

a. violate any applicable law, regulation or rule, or these Terms of Use;

b. harass, offend, threaten, embarrass, stalk, distress or invade the privacy of any individual or entity;

c. post, publish, upload, distribute, or transmit any commercial, advertising or promotional materials, including without limitation, “spam,” chain letters, pyramid schemes, surveys, contests, or mass distributions;

d.  at any time: (i) provide false information on any webpage, form or other document on this Site that requests information from or about you; (ii) fail to promptly notify us of any inaccuracy in any of your information on any webpage, form or other document on this Site that presents information related to you; (iii) create a false identity; or (iv) impersonate another person;

e. post, publish, upload, distribute, or transmit defamatory, false, inappropriate, improper, disorderly or excessive messages or information;

f. post, publish, upload, distribute, or transmit any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right;

g. attempt to gain unauthorized access to any Services, Site Content (including the Software), other accounts, or related computer systems or networks through hacking, password mining, or any other means;

h. restrict or inhibit any other person or entity from using this Site, the Services, or the Site Content (including the Software), or use this Site, the Services, or the Site Content (including the Software) in a manner that overburdens or impairs our server or network;

i. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or the Site Content (including the Software) or other user or usage information or any portion thereof;

j. upload files that contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or other property, or damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

k. create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers;

l. link directly or indirectly to or include any web site or other item that you do not have a right to link to or include; or

m. perform meta-searches of the Site or send automated queries to the Site or use any robot, spider, scraper, or other automated means to access the Site, the Services, the Site Content (including the Software), or any part of any of them.

In addition, you are prohibited from violating or attempting to violate any security features of the Site, the Services, or the Site Content (including the Software), including, without limitation, (1) accessing content or data (including Site Content and Software) or any portion of the Site not intended for you, or logging onto a server or account that you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of the Services, the Site, the Site Content (including the Software), or any associated system or network, or to breach security or authentication measures without proper authorization; (3) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (4) using the Site or the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services or the Site Content; or (6) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site, the Services, or the Site Content (including the Software). Any violation of system or network security may subject you to civil and/or criminal liability.

If you violate such terms, we may, without prior notice and without liability to us, ban you from this Site, the Site Content (including the Software), and any and all Services and take any other action we deem appropriate in our sole discretion. We reserve the right to terminate your access to the Site, the Services, and/or the Site Content (including the Software) at any time, without notice, for any reason.

With reference to any Services and Site Content (including Software) we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such Services and Site Content (including Software), and you agree to be bound by such practices. You agree that we are not responsible or liable for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of the Site, the Services, or the Site Content (including Software).

4.   WEB SITE LINKS AND THIRD-PARTY SITES

This Site may contain links to other web sites that are independent of this Site. We provide these links solely as a convenience. By clicking on a link, you are leaving this Site and going to another web site that is not under our control. We make no representation or warranty as to the accuracy, value, integrity, completeness, appropriateness or authenticity of the information or opinions contained in any such linked web site, and any link to another web site shall not in any manner be construed as an endorsement by us of that web site, or of the products or services described or offered therein.

YOU HEREBY AGREE TO RELEASE US, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONSULTANTS, OFFICERS AND DIRECTORS FROM ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER ACTUAL OR CONSEQUENTIAL, OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO ANY AND ALL ADVERTISEMENTS, OFFERS, TRANSACTIONS, OR ANY OTHER USE OF OTHER WEB SITES AND RELATED SERVICES LINKED TO THIS SITE.

5.   CONFIDENTIALITY

We cannot guarantee your confidential use of this Site, the Site Content (including Software), or the Services. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this Site, the Site Content (including Software), or the Services. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. See our Privacy Policy for additional information regarding our use and handling of personally identifiable information. The Privacy Policy is incorporated by reference as a part of these Terms of Use. If there is any conflict between the Privacy Policy and the other provisions of these Terms of Use, the other provisions of these Terms of Use govern and control collection, use and disclosure of your personally identifiable information.

You agree that you will hold all parts and contents of any Software that you have accessed in confidence for us. You will take all reasonable steps necessary to protect the Software and all data and other information related thereto. Such steps will include protection at least equivalent to that you afford your own confidential and proprietary information.

6.   CLIENT ACCOUNTS

In order to access certain Services and Site Content (including the Software), you need to become a “Client” by opening an account with us.  To become a Client, you need to contact us.  You can do this through the Contact Us page of the TGP Site. If you request information about our Software through the Contact Us page, the information may be forwarded to The Pearl Group, Inc., which acts as our representative in licensing of our Software.

If you elect to become a Client by opening an Client account, you agree to provide us with current, complete and accurate information for this purpose, as requested by our representative.  You agree to promptly notify us of any changes to any such information you have provided.  Your account will be activated and you will become a Client only upon your receipt of an email notification from us or our representative that your Client account has been activated.

You may be provided with a user name and password in order to access your Client account. You are responsible for maintaining the confidentiality of your password and Client account and Client information and are fully responsible for all conduct carried out under your password and Client account, whether such conduct is carried out with or without your knowledge or consent. We are not responsible or liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. However, you could be held liable for losses incurred by us or another party due to someone else using your Client account or password.

In addition, you may be provided with an API Key in order to access the TireSYNC™ system through the TireSYNC Site. You are responsible for maintaining the confidentiality of your API Key and are fully responsible for all conduct carried out under your API Key, whether such conduct is carried out with or without your knowledge or consent. We are not responsible or liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. However, you could be held liable for losses incurred by us or another party due to someone else using your API Key.

Further, you may be provided with source code or object code (typically referred to as “tgpWidget Code”) used to access the tgpWidget™ system through the tgpWidget Site or otherwise. You are responsible for maintaining the confidentiality of your tgpWidget Code and are fully responsible for all conduct carried out using your tgpWidget Code, whether such conduct is carried out with or without your knowledge or consent. We are not responsible or liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. However, you could be held liable for losses incurred by us or another party due to someone else using your tgpWidget Code.

You will promptly report any unauthorized use of your Client account, password, API Key, or tgpWidget Code to us. You may not use anyone else's Client account at any time without our permission.

When accessing your Client account on this Site, You may be asked to provide additional information.  For example, if you are approving a Separate Agreement in order to access our Software, you will be required to enter information about yourself on the webpage of the TGP Site that allows you to approve the Separate Agreement.  You represent and warrant that all such information provided by you is true, complete and accurate.

Unless expressly provided otherwise in a Separate Agreement to which you are a party, we may cancel or terminate your account and status as a Client at any time for any reason, with or without cause, without your consent, and without notice to you.  You may cancel or terminate your Client account at any time (subject to the provisions of any Separate Agreement) by contacting us.  See the Contact Us page on the TGP Site.

With respect to information you provide to us, additional information regarding security of personally identifiable information is available in our Privacy Policy.

7.   OWNERSHIP

Except as otherwise stated in these Terms of Use, all right, title and interest (including all patent, copyright, trademark and other intellectual property rights) to all Site Content (including the Software) and the Services belong to us or our licensors or other sources. In addition, the names, images and other indicia identifying our products and services (including the Services) are our proprietary marks.

8.   LICENSE

Nothing contained in this Site, the Services, or the Site Content (including the Software) shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, except as expressly provided otherwise in Section 10, below, or in a Separate Agreement. No part of this Site, the Services, or the Site Content (including the Software) may be used, reproduced, republished, copied, transmitted, modified, altered, performed, displayed, or distributed in any form or by any means, or be used to create any derivative works, except as expressly provided otherwise in Section 10, below, or in a Separate Agreement.

9.   PRODUCT SAMPLES AND DESCRIPTIONS; SAMPLE DOCUMENTATION

 We may make certain samples and demonstrations of our products and applications (collectively, the “Samples”) available on the Site.  The Samples are intended to be examples and/or descriptions of the content of our products and how they operate.  Samples may be made available by downloading through the Site, or we may provide you with Samples by other means (such as email) as a result of your contacting us through the Site.  All Samples that are downloaded from the Site or otherwise provided to you as a result of your contacting us through the Site are “Software” under these Terms of Use.

Although the Samples are intended to be representative of our actual products and applications, the actual features of our products and applications may vary and will be specified in a Separate Agreement for use of the products and applications.  The Samples may also present sample automotive data, but such data is not to be relied upon for any purpose.

YOU AGREE THAT THE DATA PRESENTED IN THE SAMPLES IS REPRESENTATIVE ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE.  YOU ALSO AGREE THAT YOU WILL NOT USE THE SAMPLES FOR ANY PURPOSE OTHER THAN TO EVALUATE OUR PRODUCTS AND APPLICATIONS TO DETERMINE IF YOU WANT TO LICENSE THEM FROM US.

We may also make descriptions and sample documentation related to our products and applications available on this Site, which are also “Site Content” under these Terms of Use.  These descriptions and documentation provide an indication as to how our products and applications operate, as well as other information regarding our products and applications.  Although these descriptions and sample documentation are intended to be representative of our actual products and applications and the documentation that accompanies them, the actual products, applications and documentation may vary.  For example, we may update our products and applications from time to time and the descriptions and documentation may not always immediately reflect such updates.  Thus, the descriptions and sample documentation provided through this Site are not to be used for any purpose other than evaluating whether to license a product or application from us.  If you elect to license our products or applications, the actual product details and accompanying documentation will be in accordance with the Separate Agreement governing use of such products and applications.

YOU AGREE THAT YOU WILL NOT USE THE PRODUCT AND APPLICATION DESCRIPTIONS AND SAMPLE DOCUMENTATION AVAILABLE ON THIS SITE FOR ANY PURPOSE OTHER THAN TO EVALUATE OUR PRODUCTS AND APPLICATIONS TO DETERMINE IF YOU WANT TO LICENSE THEM FROM US.

10.   SOFTWARE

We may make certain software, data and databases (collectively, the “Software”) available to you through the Site or for downloading from the Site.  The Software includes: (i) all data, files, programs, source code, object code, images and other information contained in or generated by such software, data and databases (ii) all systems (including application programming interfaces) and other means for delivery of the items listed in clause 10(i), above (such as our TireSYNC™ and tgpWidget™ applications); and (iii) all accompanying instructions, methods, guidelines and documentation.  The “Software” also includes Samples.

Please note that we typically license our tire fitment databases and electronic tire catalogs (including Software) only for use in the tire industry, such as by tire manufacturers, distributors, resellers, and retailers, their support service companies, and other tire industry professionals.

If you download Software from the Site, the Software and your use of the Software are typically governed by a Separate Agreement entered into between us and you.  If a Separate Agreement is in place, your use of the Software is governed by the terms and conditions contained in such Separate Agreement, and not by these Terms of Use.  At any time that a Separate Agreement is not in place with respect to your use of the Software, the provisions of these Terms of Use will govern your use of the Software.

If a Separate Agreement is not in place with respect to your use of any Software, the following provisions govern your use of such Software:

a.  You will not access or download any Software through or from the Site or otherwise unless we have granted you with express permission for such access or downloading;

b.  Subject to Your compliance with all provisions of these Terms of Use, we grant you a personal, nontransferable, royalty-free, and nonexclusive license to use the Software solely on or in conjunction with computers that are accessible by and operated by your authorized employees located within the United States of America and Canada, and solely for the internal business purpose of evaluating our products and applications to determine if you will license them from us under a Separate Agreement (which purpose prohibits you from using the Software or any portion thereof as a part of your point-of-sale system or website);

c.  We may terminate your right to use the Software (or any portion thereof) granted under paragraph 10.b, above, at any time for any reason, with or without cause, by providing you with at least one (1) day prior written notice of such termination.  In any event, your rights granted under paragraph 10.b, above, will terminate ninety (90) calendar days after the date on which you first gained access to the Software.  Upon any termination or expiration of your right to use the Software, you shall immediately discontinue your use of such Software, and, at our option, return to us or destroy all copies of such Software, as well as all portions of any derivative works that are based upon or incorporate any portion of such Software.  Any such notice of termination or expiration of your rights under paragraph 10.b, above, shall not prejudice either your or our rights to any use fees or other sums due and shall not prejudice any cause of action or claim of such party accrued or to accrue on account of any breach or default by the other party.  If you continue to use the Software after your right to use it has terminated or expired, and in addition to any other remedies we may have, we may charge you and you agree to pay our customary fees for use of the Software, as reasonably determined by us;

d.   You shall not use the Software in a time-sharing service or a service-bureau operation or in any internal network or the Internet without our express prior written consent;

e.  You shall not, nor shall You suffer or permit any other person or entity, directly or indirectly, to use, sell, lease, disclose, perform, display, use, grant access to, assign, distribute, license, sublicense, transfer, dispose of, or otherwise exploit the Software, or any portion thereof, in any manner or to any person or entity, except as expressly authorized in these Terms of Use;

f.  You shall not make, have made, or permit or suffer to be made any copy, duplication or reproduction of or derivative works from the Software, except for your internal use for the purpose specified in paragraph 10.b, above;

g. You shall not, nor shall you suffer or permit any other person or entity, directly or indirectly, to reverse compile, reverse engineer, or disassemble the Software or any portion thereof.

h.  You shall not, and you shall not permit or suffer any other person or entity, without our prior written consent, to access or use the Software or any portion thereof in any manner that infringes or otherwise violates any intellectual property right or other right of ours or any of our affiliates or sources: (i) for production purposes; or (ii) for any other benchmarking or competitive purposes, including building a competitive product or service;

i.  We are not required to furnish you or any other party with any assistance or support of any kind whatsoever related to the Software, and all expenses incurred in your use of the Software will be borne solely by you.

j.  We may exercise all rights incident and related to ownership of the Software.  We have the sole right to make, hold, use, sell, lease, disclose, manufacture, reproduce, duplicate, copy, display, perform, distribute, import, export, transfer, license, sublicense, assign, make derivative works from, and otherwise exploit the Software, any related products and services, and any portion of any of them, throughout the world for any and all purposes and with respect to us, our affiliates, and any and all other persons and entities.

Notwithstanding any provision of these Terms of Use to the contrary, if these Terms of Use are amended by us, as provided in these Terms of Use, after you have downloaded the Software, such amendment will not apply to your use of the Software (the Terms of Use without such amendment will continue to govern your use of the Software), but the Terms of Use, as amended, will govern your use of the Site and all other aspects of the Site Content and the Services.  If you have downloaded Software from the Site prior to these Terms of Use first being posted on such Site, the first version of the Terms of Use posted on such Site shall govern your use of such Software.

To the extent that the provisions of any Separate Agreement are in conflict with any of the provisions of these Terms of Use, the provisions of the Separate Agreement shall govern and control your use and termination of use of such Software.

Notwithstanding the above, please note that any payments you are required to make under a Separate Agreement may only be made by check, cashiers check, money order, or electronic funds transfer, and may not be made by credit card or debit card.

11.   INDEMNIFICATION

TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS AGAINST ALL LIABILITIES, DEMANDS, CLAIMS, RECOVERIES, SETTLEMENTS, ACTIONS, PENALTIES, COSTS, LOSSES, AND DAMAGES (AS DEFINED BELOW IN THIS SECTION 11) INCURRED BY THE INDEMNITEES, KNOWN OR UNKNOWN, CONTINGENT OR OTHERWISE, PAID OR UNPAID BY THE INDEMNITEES, DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO: (A) YOUR USE OR MISUSE OF THIS SITE OR ANY OF THE SERVICES OR ANY OF THE SITE CONTENT (INCLUDING THE SOFTWARE); OR (B) YOUR INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THE INDEMNITEES OR ANY THIRD PARTY; OR (C) YOUR VIOLATION OF ANY OF THESE TERMS OF USE; OR (D) YOUR NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS; IN EACH CASE, REGARDLESS OF ANY NEGLIGENCE ON THE PART OF ANY OF THE INDEMNITEES. FOR PURPOSES OF THIS SECTION 11, THE TERM “DAMAGES” INCLUDES DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES RELATED TO INJURY TO (INCLUDING DEATH OF) YOU OR ANY OTHER PERSON, DAMAGE TO OR LOSS OF ANY PROPERTY, LOSS OF CONSORTIUM, LOSS OF OPPORTUNITY OR BUSINESS OR CONTRACTUAL RELATIONSHIP, VIOLATION OF ANY RIGHT TO PRIVACY, DEFAMATION OF CHARACTER OR REPUTATION AGAINST ANY PERSON, PRODUCT OR OTHER OBJECT, MENTAL DISTRESS OR ANGUISH, LOSS OF USE OR PROFITS, ATTORNEYS AND EXPERT FEES AND OTHER COSTS THROUGH ANY APPEAL, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF COMPUTER PROGRAMS OR OTHER DATA, COST OF COVER, AND ANY AND ALL OTHER TYPES OF CLAIMS AND DAMAGES OF EVERY KIND, NATURE, AND DESCRIPTION. WE WILL NOTIFY YOU PROMPTLY OF ANY SUCH LIABILITY, DEMAND, CLAIM, RECOVERY, SETTLEMENT, ACTION, PENALTY, COST, LOSS, OR DAMAGES, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING THE SAME. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE IF WE DETERMINE THAT YOUR DEFENSE IS NOT ADEQUATE, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

12.   LIMITATION OF DAMAGES

IN NO EVENT WILL ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE SITE CONTENT (INCLUDING THE SOFTWARE), OR THE SERVICES, OR USE, MISUSE OR PERFORMANCE OF THE SITE, ANY SERVICES, ANY SITE CONTENT (INCLUDING ANY SOFTWARE), OR OTHER MATERIALS PROVIDED OR AVAILABLE IN ASSOCIATION WITH THE SITE OR ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE, EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE ON OUR PART OR ON THE PART OF ANY OTHER PARTY), STRICT LIABILITY OR OTHER LEGAL BASIS. FOR PURPOSES OF THIS SECTION 12, THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES THROUGH ANY APPEAL, ANY LOST PROFITS, AND ANY DAMAGES RELATED TO BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, THE SITE, THE SITE CONTENT (INCLUDING THE SOFTWARE), AND OTHER MATERIALS.

13.   GOVERNING LAWS IN CASE OF DISPUTE

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN BY RESIDENTS THEREOF. TO THE EXTENT THAT WE HAVE THE RIGHT TO BRING ANY ACTION IN COURT UNDER SECTION 17, BELOW, YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN PALM BEACH, BROWARD OR MIAMI-DADE COUNTY, FLORIDA, USA, AND ALL OTHER COURTS, WHEREVER LOCATED, WHERE WE DETERMINE AN ACTION IS NECESSARY TO ENFORCE OUR RIGHTS UNDER THESE TERMS OF USE.

14.   INTEGRATION; SEVERABILITY; GENERAL

These Terms of Use incorporate by reference our Privacy Policy and any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site, the Site Content (including the Software), and the Services.  Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

These Terms of Use will be binding upon and inure to the benefit of the parties and each of their respective assigns and successors-in-interest.  We may assign our rights or delegate our duties under these Terms of Use, but you may not assign your rights or delegate your duties under these Terms of Use without our prior written consent.  Except as expressly provided otherwise in these Terms of Use, no third party will have any rights as a third party beneficiary under these Terms of Use.  Time is of the essence in the performance of each and every obligation under these Terms of Use.  References to “days,” “months,” “quarters,” or “years” mean calendar days, months, quarters or years, respectively. The captions and headings in this Agreement will not be used in interpreting these Terms of Use.  No delay or omission in the exercise of any right or remedy will impair such right or remedy or be construed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act.  Use of the terms “including” or “includes” does not imply any limitation.

15.   TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and product and service names included in or made available through this Site are our trademarks or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our products or services.  Any rights that we have not expressly granted herein are reserved.

All other trademarks, service marks, and trade names not owned by us that appear in this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

16.   SURVIVAL

Except for the rights granted under paragraph 10.b, above, the terms, conditions, covenants, indemnifications, releases, waivers, and all other provisions of these Terms of Use shall survive the termination or expiration of these Terms or Use, the Site, the Site Content, and/or the Services.

17.   ARBITRATION

Excluding legal action taken by us at our option to obtain an injunction or other equitable relief to prevent the improper appropriation, disclosure, or other misuse of our intellectual property rights, the Services, the Site Content (including the Software), and/or the Site, the exclusive method for resolving any controversy, dispute or claim arising from or related to these Terms of Use, the Site, the Services, and/or the Site Content (including the Software), including the construction and scope of these Terms of Use, shall be by arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration rules and regulations of the American Arbitration Association (“Association”) then in effect. Any such controversy, dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated with any arbitration regarding any claim, dispute or controversy of any other party. Within ten (10) days after the filing of any request to arbitrate, the parties will each select an arbitrator, and the selected arbitrators will select the Arbitrator within thirty (30) days after the date of such filing. If either party refuses or fails to select an arbitrator within the designated time period, the Association will select the arbitrator on behalf of such party. If the arbitrators selected by the parties refuse or fail to select the Arbitrator within the designated time period, then on the request of any party, the Association will select the Arbitrator. Each of the selected arbitrators and the finally appointed Arbitrator will be recognized by the Association as a legal expert in the field of business software practices in the automotive industry. The parties hereby irrevocably agree that the arbitration will be held within the County of Palm Beach, Broward, or Miami-Dade, State of Florida, USA, and will apply the laws of the State of Florida (without regard to their conflicts of law principles). The Arbitrator may award any and all remedies and relief deemed appropriate under the circumstances, including money damages and injunctive relief. If any party fails to provide any response or to appear at any arbitration proceeding, the Arbitrator will proceed with the arbitration without such response or appearance. At the conclusion of the arbitration, the Arbitrator will issue a written award containing essential findings of fact and reasoned opinions and conclusions on which the award is based. The final award rendered by the Arbitrator will be binding, final and non-appealable. Judgment upon any arbitration may be entered in any court having competent jurisdiction thereof. The costs of arbitration and the Arbitrator's fees in connection with any such arbitration will be shared equally by the parties unless the Arbitrator determines that the party or parties prevailing in the arbitration shall bear a lesser portion thereof. This arbitration provision will be deemed to be self-executing and will remain in full force and effect after the expiration or termination of these Terms of Use, the Site, the Site Content, and/or the Services. Except as may be required by applicable law, no party, arbitrator, Arbitrator, or the Association will disclose the existence, content, or results of any arbitration hereunder without the express prior written consent of both you and us. Notwithstanding the above, any party may bring an action in any court of proper jurisdiction with respect to any claim having a reasonable value of U.S. $5,000.00 or less, without considering attorneys fees and other costs.

18.   NOTICES

All notices or other communications required or permitted to be given to us under these Terms of Use shall be in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery, to us at TGP Solutions LLC, 1101-7 S. Rogers Circle, Boca Raton, FL  33487, U.S.A., Attention: General Manager. All notices or other communications required or permitted to be given to you under these Terms of Use shall be to the email address that you provide to us. Notice shall be deemed given when the email is sent to such email address. Alternatively, we may provide you with notice or communication by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery. In the case of any communication by mail or courier, delivery shall be deemed to have occurred upon receipt of such communication by the recipient thereof.

19.   ATTORNEYS FEES

In the event any action, claim, litigation, arbitration, mediation, or other proceeding (collectively, “Proceeding”) is initiated by any party against any other party to enforce, interpret or otherwise obtain arbitral, judicial or quasi judicial relief in connection with these Terms of Use, the prevailing party in such Proceeding shall be entitled to recover from the unsuccessful party all reasonably incurred costs, expenses, and attorney's fees relating to or arising out of (a) such Proceeding (whether or not such Proceeding proceeds to award or judgment), and (b) any post judgment or post award Proceeding, including, without limitation, one to enforce any judgment or award resulting from any such Proceeding. Nothing in this Section 19 shall be construed to negate or limit the obligation to arbitrate claims and disputes under Section 17, above.

20.   COPYRIGHT NOTICE

Copyright © 2014-2016 TGP Solutions LLC, 1101-7 S. Rogers Circle, Boca Raton, FL  33487, U.S.A.

21.   ACKNOWLEDGEMENT

BY USING THE SERVICES OR THE SOFTWARE, OR ACCESSING THE SITE OR THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

22.   ACES STANDARDS

Our products (including the Software) may contain identifiers, standards and other information derived from the Aftermarket Catalog Enhanced Standard or any successor product (the “ACES Standards”) published by the Automotive Aftermarket Industry Association (“AAIA”).  If you license a product (including any Software) from us, you may only use the ACES Standards contained therein to the extent that the AAIA has granted you the legal right to use such ACES Standards.

23.   MODIFICATION AND AMENDMENTS

We may modify these Terms of Use at any time by posting revised Terms of Use on our Site and your continuing use of such Site, the Site Content (except as provided otherwise in Section 10, above), and the Services constitutes your agreement to be bound by such modified Terms of Use.  These Terms of Use may only be amended as provided above, or by a writing signed by you and us. Any amended Terms of Use shall become effective immediately after posting on this Site. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site, the Site Content (including the Software), and the Services.

24.   EFFECTIVE DATE

These Terms of Use are effective as of June 15, 2016, and supersede all prior versions of these Terms of Use.

PRIVACY POLICY
We understand that providing personal information online involves a great deal of trust on your part; we take this trust very seriously, and make it a high priority to ensure the security and confidentiality of the personally identifiable information (“personal information”) you provide us.

This TGP Solutions Privacy Policy discloses the personal information privacy practices for TGP Solutions LLC (“TGP”), and its members, representatives, affiliates and subsidiaries (collectively, “we,” “us,” “our,” or words of similar import). We operate the www.tgp-solutions.com, the www.tiresync.com, and the www.tgpwidget.com web sites and other related web sites (collectively, the “Sites”). The Sites are intended for use by residents of the U.S.A. and Canada that are over 18 years of age.

Each Site is governed by Terms of Use.  By accepting the Terms of Use for each Site, you expressly consent to our collection, use and disclosure of your personal information, as provided in this Privacy Policy. This Privacy Policy is incorporated into and subject to the provisions of the Terms of Use for each Site.

Capitalized terms used in this Privacy Policy have the definitions given such terms in the Terms of Use for each Site unless otherwise defined herein.

If you have entered into a Separate Agreement (license) with us for use of our products and services (including Services and Software), the provisions of the Separate Agreement will govern all personal information and other information related to the Separate Agreement.  In the event of any conflict between the provisions of this Privacy Policy and the provisions of a Separate Agreement related to any such information, the provisions of the Separate Agreement will govern and control use and disclosure of all such information.

A SPECIAL NOTE ABOUT CHILDREN

Our Sites are general audience web sites, and we do not direct any of our content specifically at children under 13 years of age.

Children are not eligible to use the services available on our Sites and we ask that minors (under the age of 18) do not submit any personal information to us.  If you are a minor, you can use our Site Services only in conjunction with your parents or guardians.

We understand and are committed to respecting the sensitive nature of children’s privacy online.  If we learn or have reason to suspect that a Site user is under age 13, we will promptly delete any personal information in that user’s account.

INFORMATION WE COLLECT ABOUT YOU

Client Information

You may become a “Client” on our Sites by opening an account with us.  In order to open a Client account, our representative collects personal information, such as your name, title, company name, address, email address, telephone numbers, and fax numbers.  Our representative may also assign you a Client user name and password when your Client account is opened.

Contacting TGP

When you contact us through our “Contact Us” webpage, we collect personal information, such as your name, telephone number, email address, and any information you include in the message box.

When you contact us by telephone, email or another means (such as to submit a question, comment or suggestion on the Sites, or request assistance with logging onto the Sites or accessing your Client account), we may collect personal information, such as your name, telephone number, email address, Client account information (if you are a Client), and other information you choose to disclose to us.

Separate Agreements

The Sites may make TGP products (such as Software) available for download.  If so, you will typically be required to enter into a Separate Agreement for use of such TGP products.  In entering into this Separate Agreement, we collect personal information, such as your name, title, company name, address, email address, company entity type and formation jurisdiction, company website address, your IP address, and other information related to the Separate Agreement.  We may collect similar information each time you download an update to any TGP product.  The Separate Agreement also typically specifies the TGP products licensed, the pricing structure, use and data limitations, and other provisions and information.

TireSYNC™

If you access and use TGP’s TireSYNC™ system through the www.tiresync.com Site or a related website, you are also assigned one or more API_Keys (which may also be termed “API Access Key” and “API Pass Key”).  We also collect information related to your usage of the TireSYNC™ system, such as statistics regarding the quantity, identity and timing of data access using the system.

tgpWidget™

If you access and use TGP’s tgpWidget™ system through the www.tpgwidget.com Site or a related website, you are also assigned one or more tgpWidget Codes.  We also collect information related to your usage of the tgpWidget™ system, such as statistics regarding the quantity, identity and timing of data access using the system.

OTHER INFORMATION WE COLLECT ABOUT YOU

Some information may be collected automatically every time you visit our Sites. This information is described below.

Cookies and Other Web Technologies

When you access our Sites as a Client or visitor, we may collect information about your computer and assign you a "cookie" (a small, unique identifier text file). You do not provide this information -- it is collected automatically as a means of supporting your use of our Sites. The cookie assigned may be a “session” cookie file (deleted at the end of the session) or permanent cookie file on your computer's hard drive.  The cookie may or may not contain any personal information. You can always choose to not receive a cookie file by enabling your web browser to refuse cookies or to prompt you before accepting a cookie. Be advised that, by refusing to accept a cookie, you may not be able to access some services offered by us on our Sites.

A Site may also allow a cookie file to be placed on your hard drive by a third-party advertising company, which may be used to aggregate statistics about your visits to the Sites and other web sites.  The company may also employ technology that is used to measure the effectiveness of ads. This is primarily accomplished through the use of an action tag (also known as an invisible gif), which the third party places on our Sites to collect anonymous information. They may use this anonymous information about your visits to the Sites and other web sites in order to provide advertisements about products and services of potential interest to you.

Additionally, you may encounter "cookies" or other similar devices on certain pages of our Sites that are placed there by third parties.  We do not control the use of cookies by third parties.

If you use a web site providing a service for us or a web site that helps facilitate your activity on our Sites, that web site may provide personal information about you and your transactions back to us.  Similarly, web sites that we partner with may also provide personal information about you back to us.

This Privacy Policy covers the use of cookies and other technology by us with respect to our Site only and does not cover the use of cookies and other technology by any advertisers or other third parties.  For more information about the privacy practices of advertisers and third parties, please review the privacy policy for the advertisers or third parties.

Computer Information

We may collect certain technical information from your computer each time you request a page during a visit to our Sites. This information is collected from your computer's Web browser and may include your IP address, operating system, web browser software (e.g., Google Chrome or Internet Explorer), screen resolution, internet service provider, clickstream data, date/time stamp, and referring/exiting web sites. Wireless users (if you are using your cellular phone to access the Internet) should check with their wireless company to understand whether personal information may be used to identify them.

USE OF YOUR INFORMATION

General

Information collected by us may be used to:
License TGP products (including Software) to you
Permit you with access to TGP products (including Software)
Register you as a TGP Client
Provide you with information through your Client account
Send email notifications for special promotions
Respond to your questions, comments or suggestions
Improve the quality of your visit to our Sites

Contacting TGP

When you contact us through our “Contact Us” webpage, we may use the information you have provided to us through such webpage (as well as other information you may have provided to us) to respond to you and for other purposes related to the reason for your contact.

TGP Products / Separate Agreements

If you download or otherwise access TGP products (including Software) through the Sites, we use your personal information to prepare the Separate Agreement (license) for your use of such products.  We may also use and disclose all of your personal information as we deem necessary in administering, enforcing and all other matters related to your Separate Agreement.  We may also use your email address, address, telephone number, and other contact information to contact you in matters related to your Separate Agreement.  We may use your email address, address, telephone number, or other contact information to inform you of updates, changes and other matters related to the TGP products or your Separate Agreement.

Client Accounts

If you register to become a Client, we use your information to create your Client account.  We may also use your information in managing your Client account, such as by preparing product updates for you and sending you notices and information regarding your Client account.

Access to your Client Account

When you access your Client account, we use your personal information (Client user name and password) as a security measure to be sure that you have authorized the access to your Client account.

Access to TireSYNC™

When you access the TireSYNC™ system using the www.tiresync.com Site and related websites, we use your personal information (Client API_KEY) as a security measure to be sure that you have authorized the access to the TireSYNC™ system.  We may use information regarding your use of the TireSYNC™ system in matters related to any Separate Agreement, such as determining your compliance with the Separate Agreement.

Access to tgpWidget™

When you access the tgpWidget™ system using the www.tgpwidget.com Site and related websites, we use your personal information (such as your assigned tgpWidget Code) as a security measure to be sure that you have authorized the access to the tgpWidget™ system.  We may use information regarding your use of the tgpWidget™ system in matters related to any Separate Agreement, such as determining your compliance with the Separate Agreement.

Special Promotions

The Sites may have special promotions from time to time.  We may use your email address to send you communications regarding these special promotions.  If you notify us that you do not wish to receive communications for special promotions, we will not send them to you. One or more of our representatives may assist us in facilitating the distribution of survey or promotion programs. The representatives may use your name, email address, and other contact information for such purposes.  See SHARING OF YOUR INFORMATION, Corporate Affiliates, below.

Customer Support or Questions/Suggestions

If you request assistance with logging onto the Sites or accessing your Client account or the TireSYNC™ system or the tgpWidget™ system, we may use your email address, address, telephone number, and other information to respond to your request.

Account Closure

If you or we close your Client account, we may use your information to complete the account closure.  We may also use your email address and/or address to send you a Client account closure confirmation.

Other Responses

In other cases, we may use your name, email address, address, telephone number, and/or other pertinent information to respond when you submit a question, comment or suggestion.

Improving the Quality of Your Visit to Our Sites

When you browse the Sites, you do so anonymously. Personal information is not collected. Each Site may track information about the visits to that Site. For example, statistics are compiled that show the daily number of visitors to a Site, the daily requests received for particular files on a Site, and what countries those requests come from. These aggregated statistics are used to customize our Sites to better meet your needs and may also be provided to others, but the statistics contain no personal information and cannot be used to gather such information.

We may collect information about your computer (not your name, address, e-mail address, or telephone number) through your permanent cookie file for the purpose of assessing the effectiveness of Site content and traffic. This data allows us to improve the quality of your visit by streamlining your ability to navigate the Sites and develop featured programs and content that will be of interest to our Clients and Site visitors.  In addition, we use information collected from your computer, which does not identify individual users, to analyze trends, to administer the Sites, to track users’ movements around the Sites, and to gather demographic information about our user base as a whole.

SHARING OF YOUR INFORMATION

General

TGP does not sell or rent your personal information to anyone.

Corporate Affiliates

We may share your personal information among our member, representative, subsidiary, parent, and affiliated organizations, but the information will be used by them for internal purposes only.

For example, TGP uses affiliated, but separate organizations (such as The Pearl Group, Inc., and Tire Guides, Inc.) to act as our representatives in matters related to maintaining the Sites and marketing, licensing and supporting TGP’s products.  If you direct a communication to TGP, that communication may be forwarded to one of our representatives, which will respond to you as TGP’s representative.

It is possible that we, our members, representatives, subsidiaries, affiliates, joint ventures, business assets, or any combination of these, could merge with or be acquired by another business entity. Should such a combination or result occur, you should expect that all of your personal information will be transferred to the merging or acquiring business entity. We cannot assure, however, that the new entity will follow the practices disclosed in this Privacy Policy.

OUR PARTNERS

We may partner with reputable third parties to offer our Clients and Site visitors a variety of products and services. All services throughout our Sites that are provided by a third-party partner are described as such in this Privacy Policy or elsewhere in the Sites. Although we only work with reputable third parties, our business partners may have different privacy policies and practices than we do. We encourage you to review our business partners' privacy policies to further understand their procedures for collecting, using, and disclosing your personal information.

OUR LEGAL OBLIGATIONS

We may be required by law or legal process to disclose personal information and other information you have provided us in your use of our Sites or related services. We may also disclose information to enforce the Terms of Use or a Separate Agreement, as well as to protect us and/or our Clients and users against someone who poses a threat to our interests (such as customer fraud) or whose activities could bring harm to others. As a result, we may, in our discretion, disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose you or us to legal liability. We may also disclose any information about you that may be required by a court or tribunal or through some other proper legal process. Some of these rights to disclose information are further described in the Terms of Use that govern use of our Sites.

OTHER WEB SITES

There may be places throughout our Sites that may link you to other web sites that do not operate under our information privacy practices. When you click through to these web sites, our information privacy practices no longer apply, and we are not responsible for use or disclosure of information obtained from you through such web sites. We recommend that you examine the privacy statements for all third party web sites to understand their procedures for collecting, using, and disclosing your information.

OTHER DISCLOSURES

We cannot ensure that all of your private communications and personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), third parties may unlawfully intercept or access transmissions or private communications, or they may abuse or misuse your personal information that they collect from our Sites. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

CHANGE OF PERSONAL INFORMATION

Upon your request, we will change the personal information in your Client account.  To make a change request, you may send an email to support@tgp-solutions.com. Such personal information will be changed as soon as reasonably possible in accordance with our change policy and applicable law.  Nevertheless, we may elect to not change information related to any Separate Agreement and/or your use of TGP products (including Software), and if you are a party to a Separate Agreement with us, you may change your personal information for purposes of the Separate Agreement only in accordance with the terms of the Separate Agreement.

RETENTION OF PERSONAL INFORMATION

Upon your request, we will deactivate your Client information from our active databases. To make this request, you may send an e-mail to support@tgp-solutions.com. Such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law.

We may retain in our files information you have requested be removed in some circumstances, such as to resolve disputes, troubleshoot problems, and enforce our Terms of Use and the terms of any licenses (including Separate Agreements) you have for use of TGP products (including Software). Further, such prior information may never be completely removed from our databases due to technical and legal constraints, including stored “back up” systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your request, except as may be required otherwise by applicable law.

PROTECTING YOUR INFORMATION

We use industry standard practices to safeguard the confidentiality of your personal information, including “firewalls” and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside our company. However, “perfect security” does not exist on the Internet, and we will not be responsible or liable for unauthorized access to or use of any personal information.

CHANGES TO THE PRIVACY POLICY

We reserve the right at any time to add to, change, update, or modify this Privacy Policy simply by posting such addition, change, update, or modification on the Sites and without any other notice to you. Any such addition, change, update, or modification will be effective immediately upon posting on the Sites. It is your responsibility to review this Privacy Policy from time to time to ensure that you continue to agree with all of its terms. If you do not agree with any such additions, updates, modifications or changes, please notify us of your disagreement. Your sole recourse related to such change, however, is to request that we deactivate your Client account. We may, but we are not required, to notify Clients of changes to this Privacy Policy by email at their registered -mail addresses.

CONTACTING TGP

If you have questions about our Privacy Policy, please contact us by e-mail at support@tgp-solutions.com.

EFFECTIVE DATE

This Privacy Policy is effective as of June 15, 2016, and supersedes all prior versions of this Privacy Policy.