Terms and Conditions

TechnoGlobe Innovations Inc. Detailed Terms and Conditions Last Updated: September 17, 2024 1. Introduction Welcome to TechnoGlobe Innovations Inc. ("TechnoGlobe," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of TechnoGlobe's website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services. We recommend that you print a copy of these Terms for future reference. These Terms constitute a legally binding agreement between you and TechnoGlobe. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In that case, the terms "you" or "your" shall also refer to such entity. 2. Definitions To ensure clarity throughout this document, we define key terms as follows: 2.1. "User," "you," and "your" refer to you, the person or entity accessing this website and accepting these Terms. 2.2. "Content" refers to text, images, photos, audio, video, and all other forms of data or communication. This includes, but is not limited to, product descriptions, user reviews, forum posts, chat posts, and email communications. 2.3. "User Content" refers to Content that users submit or transmit to, through, or in connection with the Services. This may include product reviews, forum discussions, profile information, and any other content created by users of our Services. 2.4. "TechnoGlobe Content" refers to Content that we create and make available in connection with the Services. This includes, but is not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Services excluding User Content. 2.5. "Third Party Content" refers to Content that originates from parties other than TechnoGlobe or its users, which is made available in connection with the Services. This may include advertisements, sponsored content, or information provided by our partners or affiliates. 2.6. "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. 3. Use of Services 3.1. Eligibility You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that: (i) You are at least 18 years of age; (ii) You have the legal capacity to enter into these Terms; (iii) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (iv) You are not listed on any U.S. Government list of prohibited or restricted parties. If you do not meet all of these requirements, you must not access or use the Services. 3.2. User Account To access certain features of the Services, you may be required to create a user account. When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. 3.3. Prohibited Activities You agree not to engage in any of the following prohibited activities: (i) Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services; (iii) Transmitting spam, chain letters, or other unsolicited email; (iv) Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) Uploading invalid data, viruses, worms, or other software agents through the Services; (vii) Collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) Using the Services for any commercial solicitation purposes without our prior written consent; (ix) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) Interfering with the proper working of the Services; (xi) Accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) Bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) Using the Services in a manner inconsistent with any and all applicable laws and regulations. Engaging in any of these prohibited activities may result in the immediate termination of your account, and may subject you to legal consequences. 4. Intellectual Property Rights 4.1. Services Content, Software and Trademarks You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. TechnoGlobe and its licensors retain all right, title and interest in and to the Services and Services Content, including all associated intellectual property rights. You acknowledge that the Services and Services Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly authorized by TechnoGlobe, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. The TechnoGlobe name and logos are trademarks and service marks of TechnoGlobe (collectively the "TechnoGlobe Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TechnoGlobe. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TechnoGlobe Trademarks displayed on the Services, without our prior written permission in each instance. 4.2. User Content Transmitted Through the Services With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant TechnoGlobe and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions") provided by you to TechnoGlobe are non-confidential and TechnoGlobe will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 5. Privacy 5.1. Privacy Policy You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States. 5.2. Data Protection TechnoGlobe cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. 6. Third Party Websites/Services 6.1. Links to Other Sites The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. TechnoGlobe has no control over such sites and resources and TechnoGlobe is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that TechnoGlobe will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. 6.2. Third Party Services The Services may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third Party Services"). You acknowledge and agree that TechnoGlobe shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. TechnoGlobe does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third Party Services. 6.3. Advertisements The Services may contain advertisements and promotions offered by third parties and TechnoGlobe may provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. TechnoGlobe is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such third party information on the Services. 7. Indemnity and Release You agree to release, indemnify and hold TechnoGlobe and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms or your violation of any rights of another. If you have a dispute with one or more users, you release TechnoGlobe (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 8. Disclaimer of Warranties YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TECHNOGLOBE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TECHNOGLOBE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 9. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT TECHNOGLOBE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TECHNOGLOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL TECHNOGLOBE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TECHNOGLOBE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 10. Exclusions 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. 11. Governing Law and Dispute Resolution 11.1. Governing Law These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. 11.2. Dispute Resolution Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator shall apply California law to the merits of any dispute or claim, without reference to rules of conflict of law. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 11.3. Class Action Waiver YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER THIS SECTION 11 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 12. Changes to Terms We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 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 Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services. 13. Termination We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 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. 14. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without TechnoGlobe's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TechnoGlobe may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 15. Entire Agreement These Terms constitute the entire agreement between you and TechnoGlobe regarding the use of the Services, superseding any prior agreements between you and TechnoGlobe relating to your use of the Services. 16. Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 17. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. 18. Export Control You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 19. User Data 19.1. Data Collection and Use We collect and use your personal data to operate our Services effectively and provide you with the best experiences. You agree that TechnoGlobe may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. 19.2. Data Storage TechnoGlobe may store and process personal data in the United States and any other country where TechnoGlobe or its affiliates, subsidiaries, or service providers maintain facilities. 19.3. Data Security We take the security of your data seriously and implement reasonable administrative, technical, and physical security measures to protect against unauthorized access, alteration, disclosure or destruction of personal data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee the absolute security of your personal data. 20. Children's Privacy Our Services are not intended for use by children under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from Children. If you become aware that a Child has provided us with personal data, please contact us. If we become aware that we have collected personal data from Children without verification of parental consent, we take steps to remove that information from our servers. 21. Beta Features From time to time, TechnoGlobe may offer beta features or functionalities ("Beta Features"). These Beta Features are made available on an "as is" and "as available" basis for the primary purpose of obtaining feedback. Beta Features may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from your account. You expressly acknowledge and agree that all use of any Beta Features is at your sole risk. 22. Force Majeure TechnoGlobe shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 23. Feedback Any feedback, comments, ideas, improvements or suggestions provided by you to TechnoGlobe with respect to the Services shall remain the sole and exclusive property of TechnoGlobe. TechnoGlobe shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or compensation to you. 24. Geographic Restrictions The Services are based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 25. Electronic Communications The communications between you and TechnoGlobe use electronic means, whether you use the Services or send us emails, or whether TechnoGlobe posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from TechnoGlobe in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TechnoGlobe provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. 26. Entire Agreement These Terms constitute the entire agreement between you and TechnoGlobe regarding your use of the Services, superseding any prior agreements between you and TechnoGlobe relating to your use of the Services. There may be certain other terms or conditions that apply to particular features of the Services, and these will be presented to you at the time you use those features. 27. Contact Us If you have any questions about these Terms, please contact us at: TechnoGlobe Innovations Inc. 1234 Innovation Drive Silicon Valley, CA 94000 Email: legal@technoglobe.com Phone: (800) 555-TECH By using the Services, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you are not authorized to use the Services. We reserve the right to change these Terms of Service at any time, so please review them frequently. Thank you for choosing TechnoGlobe Innovations Inc.! Last updated: September 17, 2024