Site Terms & Conditions

Terms of Use

These Terms of Use (the “Terms” govern your access to and use of this website (the “Site”), and of the Model, as described below. By visiting this Site, you signify your consent to these Terms. If you do not agree to this Terms, do not use this Site.

This Site is controlled by Tech Financial Analysis, LLC, from its offices in Michigan. The Site is intended for the lawful use by our customers, their employees, and members of the general public.

Some of the information provided on this Site is made available to the general public by Tech Financial Analysis. Certain areas of this Site require a user account, and those areas are password protected. In order to license the Model advertised on and accessible through the Site, you must first purchase a subscription, which requires that you create a user account.

If you register for a user account, the following terms apply:

1. You are responsible for all activities that occur under your user account.
2. You must provide accurate, current, and complete information when registering your account.
3. You must not provide false identity information to gain access to the Model.
4. You must keep your user ID and password confidential and change your password periodically.
5. You must not allow any other person to use your User ID and password.
6. You must notify Tech Financial Analysis of any unauthorized use of your User ID and password.

Further terms relating to your license of the Model are set forth below in the Subscription Agreement.

By using the Site, you are consenting to the collection, use and disclosure of your personal information pursuant to the terms of our Privacy Policy. Please review the Privacy Policy for information regarding the collection and use of information regarding visitors to this Site.

Information and materials on this Site, and the materials made available through the Site through subscription, are protected by copyright, trademark, and other intellectual property laws and international treaties.

Links on this Site to third party websites are provided for your convenience only. We are not responsible for, and we do not endorse, control, or make any representations or warranties as to the contents of those sites, or products or services offered from third party websites. You are responsible for complying with the terms of use for such third-party websites, and for reviewing and understanding the privacy policies of such websites.

All matters relating to your access or use of the Site will be governed by the laws of the state of Michigan, and you agree to submit to the jurisdiction of the courts situated in Kent County, Michigan. We make no representation that the Site or its contents comply with the laws or jurisdictions outside of the United States.

You agree that the use and browsing of the Site is at your sole risk. Tech Financial Analysis, LLC does not warrant that use of the Site will be uninterrupted or error free. Under no circumstances will Tech Financial Analysis, nor its directors, officers, employees, representatives, contractors, affiliates, agents, suppliers, successors or assigns be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this Site or any linked Site, even if we are advised of the possibility thereof, nor for any claim by a third party.

We retain the right to amend these Terms at any time without notice to you, and such amendments shall be effective immediately. You agree to regularly review these Terms and to be aware of amendments. Your use of the Site or entering into the Subscription Agreement following any such change constitutes your agreement to follow and be bound by the Terms as changed.

Subscription Agreement

The following additional terms (the “Subscription Agreement”) apply to the subscription and purchase of a license to use the Model.

1. DEFINITIONS
   1. License – the legal agreement covering the use of the Model.
   2. Model – the Excel workbook containing one or more of Tech Financial Analysis, LLC's worksheets, data, and/or formulas designed to calculate the manufacturing cost, industry capacity, supplier analytics, and selling price of displays (OLED, LCD, etc.). Product features and functionality are subject to change without notice. The Model will include the latest version of the Model released on the Site as of the date of purchase and all subsequent versions of the Model released for a period of twelve months following the date of purchase.
   3. User – the person that licenses the Model and is licensed to use the model.
   4. Company – a company employing the User at the time the User purchases the Model.

2. SUBSCRIPTION; REGISTRATION FOR USER ACCOUNT
   1. This Agreement is entered into between Tech Financial Analysis, LLC (“Tech Financial Analysis”) and the User. If the User is entering into this Agreement on behalf of its employer, User represents that he or she is authorized to accept this Agreement on behalf of User’s employer.
   2. When a User registers for an account, that User will create a user profile consisting of the User’s first and last name, organization name, work title, email, and phone number.
   3. The User must provide accurate and complete information and must keep that information current.
   4. Tech Financial Analysis reserves the right to suspend or terminate the account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

3. PAYMENT AND DELIVERY
   1. The User agrees to pay all fees or charges in accordance with the fees, charges and billing terms in effect at the time of subscription. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and each User is responsible for payment of all such taxes, levies or duties. If User does not timely pay the amounts due, all licenses granted to that User by this Agreement will terminate.
   2. Within a commercially reasonable time after payment is received, Tech Financial Analysis shall deliver the Model by email as Microsoft Excel or PowerPoint files or Adobe PDF files, depending on the product offered, provided that if a User cannot receive the files via email, a download link will be provided for delivery. Prior to purchase, Users are responsible for ensuring that they can receive delivery via one of these delivery methods.

4. LICENSE: In exchange for payment of the license fee, this license grants the User the following rights:
   1. The User may use a single copy of the Model on a private local hard drive, private cloud, or private directory on a networked hard drive.
   2. The User may make Cost Calculations (i.e. the use of the Model to estimate the cost and selling price of display products) for individual use or the use of the Company.
   3. If the Company is in the business of providing consulting or services to third parties, a single use of the Model may be used for Cost Calculations for a single third party provided the Model was purchased for and as part of a specific project on behalf of the third party.
   4. The User may use the Excel print function to print any of the Model pages for individual use or in conjunction with the Companies’ business.

5. LIMITATIONS: The following rights are explicitly excluded.
   1. The User may not resell, sublicence, rent or redistribute the Model.
   2. The User may not use the Model to perform Cost Calculations for multiple third parties.
   3. The User may not reverse engineer, decrypt, disassemble, nor decompile the Model.
   4. The User shall neither make nor create any modifications, revisions, or enhancements to the Model.

6. COPYRIGHT
   1. The Model is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Model is licensed, not sold.
   2. All title and copyrights in and to the Model (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Model), the accompanying printed materials, and any copies of the Model, are owned by Tech Financial Analysis, LLC. The license granted to User pursuant to these terms confers no title or ownership in the Model and no rights in any associated code, and shall not be construed as a sale of any rights in the Model. All rights not specifically granted under this License are reserved by Tech Financial Analysis, LLC.
   3. User shall not remove, modify, or destroy any proprietary markings of Tech Financial Analysis, LLC, including, but not limited to, notice of ownership of copyright or trademarks, and User shall reproduce all such markings upon or within authorized copies.

7. PROPRIETARY DATA
   1. User agrees that the Model and its underlying code and formulae are confidential and secret proprietary information of Tech Financial Analysis, LLC.
   2. The User agrees not to make any attempt to view password protected sections of the Model including but not limited to, hidden formulas or worksheets. Furthermore the User agrees not to make any attempts to “hack” the password used by Tech Financial Analysis, LLC.
   3. The methods and data utilized in the Model to perform Cost Calculations remains the exclusive property of Tech Financial Analysis LLC at all times and are only licensed to the User.
   4. The User agrees to keep confidential the methods used in the Model to the extent that the User learns of those methods through use of the User and or through interactions with Tech Financial Analysis, LLC personnel except where such knowledge has been publicly disclosed or was known to the User prior to their purchasing the Model.
   5. User shall use commercially reasonable efforts to protect Tech Financial Analysis, LLC’s confidential information, which efforts shall not be less than what User uses to protect its own proprietary information.

8. ASSIGNMENT
   1. The User may be changed at any time to any employee of the Company by notifying Tech Financial Analysis LLC by e-mail of the change. E-mail notification should be sent to info@techfinancialanalysis.com.
   2. In the event that the Company is acquired by another company, the acquiring company will become the COMPANY under this agreement. E-mail notification to be sent to info@techfinancialanalysis.com.
   3. The License may not otherwise be assigned by User or Company to any other person or entity without the written consent of Tech Financial Analysis LLC.
   4. Tech Financial Analysis LLC may freely assign its rights and obligations under this Agreement, provided that its successor shall be bound by the provisions of this Agreement.
   5. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

9. UPDATES
   1. Included in the price of the Model are any and all updates made to the Model for twelve months from the date of purchase.

10. SUPPORT
    1. The User is entitled to reasonable email and phone support for twelve months from the date of purchase for technical problems with in the Model that prevent it from functioning properly from the date of the purchase during business hours, Monday through Friday, 9 am EST – 5 pm EST, by contacting Tech Financial Analysis LLC at info@techfinancialanalysis.com. Messages may be left after business hours, during the weekend, and on holidays, and Tech Financial Analysis, LLC shall respond to those messages on the following business day.

11. NON-WAIVER
    1. No failure of Tech Financial Analysis LLC to strictly enforce any term, right or condition of this License shall be construed as a waiver of such term, right or condition for the purpose of any subsequent occasion or event.

12. CHOICE OF LAW; JURISDICTION
    1. This LICENSE shall be interpreted and governed by the laws of the Michigan.

13. VALIDITY; ENTIRE AGREEMENT; AMENDMENTS
    1. If any term or provision of this License shall be determined to be invalid or unenforceable under applicable law, such provision shall be deemed severed from this License, and the remaining provisions of this Agreement shall remain in full force and effect.
    2. This Agreement is the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof, and it supersedes and merges with all prior and contemporaneous proposals, understandings, specifications, and agreements, whether oral or written, between the parties regarding the subject matter hereto.
    3. This Agreement may not be amended or modified except in writing and such writing must be signed by an authorized agent of the party against whom the amendment or modification is sought to be enforced.

14. TERMINATION; REMEDIES
    1. Without prejudice to any other rights, Tech Financial Analysis, LLC may terminate this License if the User fails to comply with these Terms. In such event, the User must destroy all copies of the Model, and certify such destruction in writing upon Tech Financial Analysis, LLC’s reasonable request.
    2. All sales are final, and no returns or refunds are accepted.
    3. User understands that Tech Financial Analysis, LLC would lack an adequate remedy at law and would suffer irreparable injury if User violates the License or the confidentiality provisions set forth above, and in the event of such violation, Tech Financial Analysis, LLC shall be entitled to injunctive relief without having to prove irreparable injury, lack of an adequate remedy at law, posting bond, or waiving any other rights or remedies. User will reimburse Tech Financial Analysis, LLC for all expenses (including but not limited to reasonable attorneys fees and expenses) incurred in enforcing its rights.

15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
    1. Tech Financial Analysis, LLC makes no warranties of any kind, whether express or implied, written or oral, with respect to this Agreement, the Model, or any other services or goods provided by Tech Financial Analysis, LLC to User in connection with the Model, or the validity, reliability, acceptability, non-infringement of any data or results loaded into or generated from the Model. Tech Financial Analysis, LLC specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. The Model is provided “as is” and “as available”, and User assumes all responsibility for determining whether the Model or the information generated thereby will be error-free or uninterrupted.
    2. Tech Financial Analysis, LLC shall not be liable to User for any amounts representing incidental, indirect, consequential, exemplary, or punitive damages, including any damage based on loss of profit, loss of business, loss or corruption of data. Without limiting the foregoing, to the extent permitted by applicable law, Tech Financial Analysis, LLC will not be liable for any damages that exceed the total amount paid by User to Tech Financial Analysis, LLC during the 12 month period immediately preceding the event giving rise to the claim.