TERMS OF SERVICE
Last updated: Dec 10, 2016
Technobate LLC ("us", "we", or "our") develop software applications and online web services used by these applications (together, or individually, the "Service").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and conditions ("Terms"). These Terms apply to all visitors, users and others who wish to access or use our Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access our Service.
ACCOUNTS
When
you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete,
and current at all times. Inaccurate, incomplete, or obsolete
information may result in the immediate termination of your account on
the Service.
You are responsible for maintaining the
confidentiality of your account and password, including but not limited
to the restriction of access to your computer and/or account. You agree
to accept responsibility for any and all activities or actions that
occur under your account and/or password, whether your password is with
our Service or a third-party service. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of
your account. We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole
discretion.
TERMS AND CONDITIONS
When you use our Service you agree to the following:
a) You will use our Service for your own personal use and not in
connection with any commercial entity or any activity that is for the
purpose of financial gain to you, directly or indirectly, including but
not limited to, engage in any form of advertising, solicitation, buy or
sell products, send spam or chain letters to other Members.
b) You understand that you are using our Service at your own risk. We are
not responsible for, without limitation, any damage, injury, distress,
bodily harm to you as a result of using our Service or the information
you get from our Service.
c) You will not engage in any inappropriate or unlawful activity, such as, but not limited to, the following:
- Impersonating someone else, asking for money under false pretense, harass, intimidate, violate the rights of others, cause annoyance or needless anxiety.
- Reverse engineer our Service, or enable or encourage others to do so.
- Circumvent any security aspect of our service such as get access to content that is not made accessible to you.
- You will not disrupt, disable or adversely affect the performance of our Service.
- Transmit computer viruses or other harmful content.
d) You will not gather or store content such as, user email or other profile information, from the Service, in any fashion, whether it be manually (e.g. screen capture), or through the use of scripts, bots or other automated mechanisms.
If you become aware of violations of this Agreement by other Member(s) you may contact us to report the violation.
PRIVACY
Our privacy policies explain how we treat your data in our Service. By using our Service, you agree to our privacy policies.
PURCHASE
If
you wish to purchase any product or service made available through our
Service ("Purchase"), you may be asked to supply certain information
relevant to your Purchase including, without limitation, your credit
card number, the expiration date of your credit card, your billing
address, and your shipping information. You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment
method(s) in connection with any Purchase; and that (ii) the
information you supply to us is true, correct and complete.
Our
service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting
your information, you grant us the right to provide the information to
these third parties subject to our privacy policy.
INTELLECTUAL PROPERTY
Our Service and its original content, features and functionality are and will remain the exclusive property of Technobate LLC and its licensors. Our Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Technobate LLC.
LINKS TO OTHER SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Technobate LLC. Technobate LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Technobate LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of, or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
TERMINATION
We may terminate or suspend your account and bar access to our Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using our Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Technobate LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from, or arising out of a) your use and access of our Service, by you or any person using your account and password, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall our Service, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from, but not limited to (i) your access to or use of, or inability to access or use our Service; (ii) any conduct or content of any third party on our Service; (iii) any content obtained from our Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER and WARRANTY
Your use of our Service is at your sole risk. Our Service is provided on an "AS IS" and "AS AVAILABLE" basis. Our Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Technobate LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) our Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) our Service is free of viruses or other harmful components; or d) the results of using our Service will meet your requirements. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the state of Washington, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
ARBITRATION
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS We hope you enjoy our Service and we never have a dispute. In the unlikely event that you have an issue with us, you agree to first contact us within 30 days of when the issue arises and attempt to resolve the issue with us directly. If we are unable to resolve the issue, you agree to resolve the issue by binding arbitration. You thus give up your right to litigate disputes with us in court. Disputes will be decided by a neutral arbitrator and not a judge or jury. You further agree to begin any arbitration within 90 days after your attempt to resolve the issue with us, and arbitrate with us only in your individual capacity, not as a representative or member of a class.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 3 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. We encourage you to periodically review the Terms of our Service.
CONTACT
You can contact us at: info@technobate.com