Terms of Service
Last Update: July 6. 2014
You agree to this ToU in order to use the Website and/or Service. If you use the Website and/or the Service, or click to accept or agree to this ToU if presented to you in a user interface for the Service, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using the Website and/or the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use the Service or Website. If you are using the Service on behalf of your employer or another entity, you represent and warrant that you have the full legal authority or permission to bind your employer or entity to this ToU. If you do not have the aforementioned authority, then you may not use the Website or the Service on behalf of your employer and you must discontinue all use of the Service immediately.
TOU Updates: Techforme may update this ToU at any time and Techforme will post the updated version of this ToU at this URL on The Website. You understand and agree that you will be deemed to have accepted the updated ToU if you use the Website or the Service after the updated ToU is posted on the Website. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Website and the Service.
Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Website and the Service. You acknowledge and agree that Techforme may make changes to the Website and/or the Service at any time without notifying you in advance.
Termination of Service. Techforme reserves the right to deny service to any person or entity at Techforme’s sole and absolute discretion. You acknowledge and agree that Techforme may stop providing the Website and/or the Service or restrict your use of the Website and/or the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU and/or if Techforme suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If Techforme disables your access to your account, you may be prevented from accessing the Service, your account details and/or any materials contained in your account.
Accounts and Security
Account. To access the Service, you must have an account. You can create an account by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to Techforme will be correct, accurate and up to date.
Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. All currency references are in U.S. currency. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Techforme may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting an update of this ToU or posting such changes elsewhere on the App and/or the Website. If there is a dispute regarding your payment of fees, or the Service, Techforme shall have the right to suspend and/or terminate your account without prior notice. In the event that you disagree with a charge to your account, you must dispute the charge within 5 business days of receiving the charge through your account. If you fail to dispute a charge within such 5 day period, you are deemed to have consented to the charge on your account. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify Techforme immediately if you become aware of any unauthorized use of your password or of your account.
Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account. You may not disclose your password to anyone else.
Cancellation by You. You have the right to cancel your account at any time. You may cancel your account by clicking the cancel link available on the Website, or by contacting customer service by phone or email. Once you cancel your account, your personal information will no longer be viewable by other users. However, content previously shared with other users may remain viewable by those users until they delete such content.
Termination by Techforme. Techforme may at any time terminate your account if:
• Techforme determines that you are (a) in breach of or otherwise acting inconsistently with this ToU or (b) engaging in fraudulent or illegal activities or other conduct that may result in liability to Techforme;
• Techforme determines it is required by law to terminate your account; or
• Techforme decides to stop providing the Service or critical portions of the Service in the country where you reside, access the Website or use the Service or Techforme determines that it is no longer in its business interests to continue providing the Service or critical portions of the Service.
Effect of Account Termination or Cancellation.If you voluntarily terminate your account or allow that account to lapse, you will be able to reactivate that account at any time through the account interface on the Website. Accounts terminated by Techforme for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated without permission by the site manager(s).
License Grant. Subject to the terms of this ToU, Techforme hereby grants a limited, non-exclusive, personal, non-sublicenseable, non-assignable license to download, install and use software allowing you to engage in activities related to the Service (the “Software”). The Software may only be used in connection with the Service and in accordance with this ToU and any rules, restrictions or documentation set forth by Techforme from time to time.
Uninstalling the Software. If you wish to uninstall the Software, please refer to support.techforme.us to look up how to uninstall extensions or plug-ins.
License, Restrictions and Conditions of Use
Use of the Website. Techforme permits you to view and use the Website solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Website or through the Service. If you wish to use Techforme services for commercial use, contact support.
Use of the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the App and/or the Website provided by Techforme. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).
No Violation of Laws. You agree that you will not, in connection with your use of the Website or the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Website and/or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Use Restrictions. You may not connect to or use the Website or the Service in any way that is not expressly permitted by this ToU.
You may not: (a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Techforme; or (c) make any false, misleading or deceptive statement or representation regarding Techforme and/or the Website or the Service.
Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Website and/or the Service (or any servers, systems or networks connected to the Website or the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Website and/or the Service or any other person’s or entity’s use of the Website and/or the Service (or any servers, systems or networks connected to the Website or the Service); (ii) attempt to gain unauthorized access to the Website, the Service, accounts registered to other users, or any servers, systems or networks connected to the Website and/or the Service; (iii) use the Website or the Service for any commercial purpose or the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Website or the Service, unless you are specifically authorized to do so in a separate written agreement with Techforme; (iv) use the Website or the Service to (y) develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; or (z) perform any unsolicited commercial communication not permitted by applicable law; or (v) engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
No Data Mining or Harmful Code.You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, personal information of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Website or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Website or the Service.
Violation of this ToU. You acknowledge and agree that you are solely responsible, and Techforme has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. Techforme may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 7 or any other terms of this ToU. We reserve the right to report violations that are deemed by Techforme to be potentially illegal. We reserve the right to respond/cooperate with any legal requests and/or subpoenas brought to us by law enforcement about users of our Website or Service.
Links from the Website. The Website may contain links to Websites operated by other parties. Techforme provides these links to other Websites as a convenience and use of these Websites is at your own risk. The linked Websites are not under the control of Techforme and Techforme is not responsible for the content available on the other Websites. Such links do not imply Techforme’s endorsement of information or material on any other Website and Techforme disclaims all liability with regard to your access to and use of such linked webWebsites.
Links to the Website. Unless otherwise set forth in a written agreement between you and Techforme, you must adhere to Techforme’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Techforme’s and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Techforme; and (iii) when selected by a user, the link to the Website must display the Website on full-screen and not within a “frame” on the linking Website. Techforme reserves the right to revoke its consent to the link at any time and in its sole discretion.
Trademarks. The Techforme name and logo are trademarks and service marks of Techforme. Unless permitted in a separate written agreement with Techforme, you do not have the right to use any of Techforme’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
Ownership. You acknowledge and agree that Techforme, or its licensors, owns all right, title and interest in and to the Website and the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Website and the Service are protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Techforme has designated as confidential and you agree not to disclose such information without Techforme’s prior written consent.
Location. the Website and the Service are operated by Techforme in the United States. If you choose to access the Website and/or the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
DISCLAIMER OF WARRANTIES
Services Warranty. Techforme warrants that the Services that expressly include guarantee offers will be performed in a good and professional manner consistent with applicable industry standards. The service warranty will be in effect for a period of thirty (30) days from the completion of any Services. As Clients sole and exclusive remedy and Techforme’s entire liability for any breach of the foregoing warranty, Techforme will, at its sole option and expense, promptly re-perform any Services that fail to meet this limited warranty or refund to Client the fees paid for the non-conforming Services.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Techforme, AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:
• ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE Website AND/OR THE SERVICE, EVEN IF Techforme AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE Website OR THE SERVICE.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF Techforme OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Techforme and the Related Parties shall be limited to the fullest extent permitted by law.
Indemnification.You agree to indemnify, defend and hold Techforme and the Related Parties harmless from any and all claims, demands, damages or other losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (i) your use of the Website and/or the Service or (ii) your breach of this ToU or any other policies that Techforme may issue for the Website and/or the Service from time to time.
Governing Law; Jurisdiction.This ToU is governed by Illinois law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Techforme agree that, except as otherwise provided in Section 18 below, the state and federal courts located in the County of Cook County, Illinois will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Website or the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Techforme shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
Arbitration Procedures. You and Techforme agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 18 will control and prevail.
Except as otherwise set forth in Section 18.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Techforme will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and Techforme may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND TECHFORME WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Location. The arbitration will take place in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.
Limitations. You and Techforme agree that any arbitration shall be limited to the Claim between Techforme and you individually. YOU AND TechForMe AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration. You and Techforme agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Techforme’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
Severability. You and Techforme agree that if any portion this Section 18 is found illegal or unenforceable (except any portion of Section 18.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 18.4 is found to be illegal or unenforceable then neither you nor Techforme will elect to arbitrate any Claim falling within that portion of Section 18.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Techforme agree to submit to the personal jurisdiction of that court.
ToU Revisions.&ngsp;This ToU may only be revised in a writing signed by Techforme, or published by Techforme on the Website.
No Partnership.&ngsp;You agree that no joint venture, partnership, employment, or agency relationship exists between you and Techforme as a result of this ToU or your use of the Website or the Service.
Assignment.&ngsp;Techforme may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be assigned without Techforme’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
Severability.&ngsp;If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Techforme of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
Notices. All notices given by you or required under this ToU shall be in writing and addressed to: Techforme Inc., 1762 Westwood Blvd., Suite 100, Los Angeles, CA 90024, ATTN: CEO.
Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Website or the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
Equitable Remedies. You acknowledge and agree that Techforme would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and Techforme with respect to the Website and the Service and supersedes any and all prior agreements between you and Techforme relating to the Website and/or the Service.
Utilizing Your Computer or Other Device. Some of the benefits of the Service require the Service to access information on your computer or other applicable device. You hereby grant permission for the Service to monitor your computer or other applicable device (including, but not limited to, your device’s memory) and to communicate information, including, without limitation, your Account information, to the Company’s servers for the purposes of analyzing your device’s performance during use of the Service. Additionally, the Service will utilize the processor, bandwidth and hard drive (or other memory or storage hardware) and/or cache of your computer or other applicable device for the limited purpose of facilitating the communication between, and the transmittal of data, content, services or features to, you and other users, and to facilitate the operation of the network of computers running instances of the Service.
Last updated: July 6th, 2014