The Tech O Gee site located at https://techogee.com/is a copyrighted work belonging to Tech O Gee. Certain highlights of the Site might be dependent upon additional rules, terms, or rules, which will be posted on the Site in connection with such highlights.
All such additional terms, rules, and rules are incorporated by reference into these Terms.
Access to the Site
Subject to these Terms. Company awards you a non-transferable, non-restrictive, revocable, constrained permit to get to the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are dependent upon the following restrictions: (a) you will not sell, lease, rent, move, dole out, disseminate, host, or otherwise commercially exploit the Site; (b) you will not change, make subsidiary works of, dismantle, turn around compile or figure out any piece of the Site; (c) you will not get to the Site so as to fabricate a comparative or competitive site; and (d) aside from as explicitly expressed thus, no piece of the Site might be copied, reproduced, conveyed, republished, downloaded, showed, posted or transmitted in any form or using any and all means except if otherwise demonstrated, any future discharge, update, or other addition to functionality of the Site will be dependent upon these Terms. All copyright and other proprietary notices on the Site must be held on all copies thereof.
The company maintains whatever authority is needed to change, suspend, or stop the Site with or without notice to you. You approved that Company won’t be held obligated to you or any outsider for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You concur that Company will have no obligation to provide you with any support in connection with the Site.
Barring any User Content that you may provide, you know that all the protected innovation rights, including copyrights, licenses, trademarks, and prized formulas, in the Site and its content, are owned by Company or Company’s providers. Note that these Terms and access to the Site do not give you any rights, title or enthusiasm for or to any licensed innovation rights, with the exception of the restricted access rights communicated in Section 2.1. Company and its providers hold all rights not allowed in these Terms.
User Content. “User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. The company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We maintain whatever authority is needed to audit any User Content, and to examine as well as make an appropriate move against you in our sole discretion in the event that you violate the Acceptable Use Policy or some other provision of these Terms or otherwise make obligation for us or some other person. Such action may incorporate removing or modifying your User Content, ending your Account as per Section 8, as well as reporting you to law enforcement authorities.
On the off chance that you provide Company with any input or suggestions in regards to the Site, you thus allocate to Company all rights in such Feedback and concur that Company will reserve the option to utilize and completely exploit such Feedback and related information in any way it accepts appropriate. The company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
You consent to repay and hold Company and its officers, employees, and operators innocuous, including costs and attorneys’ charges, from any case or request made by any outsider due to or emerging out of (a) your utilization of the Site, (b) your violation of these Terms, (c) your violation of appropriate laws or regulations or (d) your User Content. The company maintains all authority to expect the selective protection and control of any issue for which you are required to repay us, and you consent to cooperate with our barrier of these cases. You make a deal to avoid settling any issue without the prior composed consent of the Company. The company will utilize reasonable efforts to notify you of any such case, action or proceeding upon becoming mindful of it.
Outsider Links and Ads; Other Users
Outsider Links and Ads. The Site may contain connections to outsider sites and benefits, as well as show promotions for outsiders. Such Third-Party Links and Ads are not heavily influenced by Company, and Company isn’t responsible for any Third-Party Links and Ads. The company provides access to these Third-Party Links and Ads only as a convenience to you and does not survey, approve, monitor, endorse, warrant, or make any representations as for Third-Party Links and Ads. You utilize all Third-Party Links and Ads at your own hazard and should apply a reasonable degree of caution and discretion in doing so. At the point when you click on any of the Third-Party Links and Ads, the pertinent outsider’s terms and policies apply, including the outsider’s protection and information gathering rehearses.
Other Users. Each Site client is solely responsible for all of its own User Content. Since we do not control User Content, you acknowledge and concur that we are not responsible for any User Content, regardless of whether provided by you or by others. You concur that Company won’t be responsible for any loss or harm acquired as the consequence of any such interactions. On the off chance that there is a contest among you and any Site client, we are under no obligation to become involved.
You thusly discharge and forever release the Company and our officers, employees, specialists, successors, and allocates from, and therefore defer and surrender, every single past, present and future question, guarantee, controversy, request, right, obligation, risk, action, and reason for action of each sort and nature, that has emerged or emerges straightforwardly or in a roundabout way out of, or that relates legitimately or in a roundabout way to, the Site. On the off chance that you are a California occupant, you thusly defer California common code section 1542 in connection with the foregoing, which expresses: “a general discharge does not stretch out to claims which the creditor does not know or speculate to exist in their favor at the hour of executing the discharge, which whenever known by the person in question must have substantially influenced their repayment with the debtor.”
Cookies and Web Beacons. Like some other site, Tech O Gee utilizes ‘cookies’. These cookies are utilized to store information including visitors’ inclinations, and the pages on the site that the visitor got to or visited. The information is utilized to optimize the clients’ understanding by customizing our website page content dependent on visitors’ browser type as well as other information.
The site is provided on an “as maybe” and “as accessible” premise, and company and our providers explicitly repudiate all guarantees and conditions of any sort, regardless of whether express, inferred, or statutory, including all guarantees or conditions of merchantability, readiness for a specific purpose, title, calm enjoyment, precision, or non-encroachment. We and our providers make not ensure that the site will meet your necessities, will be accessible on a continuous, convenient, secure, or without error premise, or will be exact, dependable, free of infections or other hurtful code, complete, legitimate, or safe. On the off chance that material law requires any guarantees as for the site, every single such guarantee is restricted in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of inferred guarantees, so the above exclusion may not concern you. Some jurisdictions do not allow limitations on how long a suggested guarantee endures, so the above limitation may not concern you.
Limitation of Liability
To the most extreme degree allowed by law, in no occasion will company or our providers be at risk to you or any outsider for any lost profits, lost information, costs of procurement of substitute products, or any aberrant, consequential, praiseworthy, coincidental, exceptional or corrective harms emerging from or identifying with these terms or your utilization of, or lack of ability to utilize the site regardless of whether company has been instructed concerning the possibility of such harms. Access to and utilization of the site is at your own discretion and hazard, and you will be solely responsible for any harm to your gadget or computer framework, or loss of information coming about therefrom.
To the most extreme degree allowed by law, notwithstanding anything to the contrary contained in this, our obligation to you for any harms emerging from or identified with this understanding, will consistently be restricted to a limit of fifty U.S. dollars (u.s. $50). The presence of more than one case won’t amplify this cutoff. You concur that our providers will have no obligation of any sort emerging from or identifying with this understanding.
Some jurisdictions do not allow the limitation or exclusion of risk for accidental or consequential harms, so the above limitation or exclusion may not concern you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. The company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Appropriateness of Arbitration Agreement. All cases and questions in connection with the Terms or the utilization of any product or administration provided by the Company that cannot be resolved informally or in little cases court will be resolved by restricting arbitration on an individual premise under the details of this Arbitration Agreement. Except if otherwise consented to, all arbitration proceedings will be held in English. This Arbitration Agreement concerns you and the Company, and to any backups, offshoots, operators, employees, predecessors in intrigue, successors, and allots, just as all authorized or unauthorized clients or recipients of administrations or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either gathering may look for arbitration, the gathering must initially send to the other party a composed Notice of Dispute portraying the nature and premise of the case or debate and the mentioned help. A Notice to the Company should be sent to the USA. After the Notice is gotten, you and the Company may endeavor to resolve the case or debate informally. In the event that you and the Company do not resolve the case or question inside thirty (30) days after the Notice is gotten, either gathering may start an arbitration proceeding. The amount of any settlement offer made by any gathering may not be disclosed to the arbitrator until after the arbitrator has decided the amount of the honor to which either party is entitled.
Arbitration Rules. The arbitration will be started through the American Arbitration Association, a built-up elective debate resolution provider that offers arbitration as set out in this section. In the event that AAA isn’t accessible to mediate, the gatherings will consent to choose an option ADR Provider. The principles of the ADR Provider will govern all parts of the arbitration but to the degree, such guidelines are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are accessible online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a solitary, impartial arbitrator. Any cases or questions where the total amount of the honor sought is under Ten Thousand U.S. Dollars (US $10,000.00) might be resolved through restricting non-appearance-based arbitration, at the option of the gathering looking for alleviation. For cases of debates where the total amount of the honor sought is Ten Thousand U.S. Dollars (the US $10,000.00) or more, the privilege to a conference will be dictated by the Arbitration Rules. Any meeting will be held in a location inside 100 miles of your living arrangement, except if you live outside of the United States, and except if the gatherings concur otherwise. On the off chance that you live outside of the U.S., the arbitrator will give the gatherings reasonable notice of the date, time and spot of any oral hearings. Any judgment on the honor rendered by the arbitrator might be entered in any court of competent jurisdiction. In the event that the arbitrator awards you an honor that is more prominent than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the more prominent of the honor or $2,500.00. Each gathering will bear its own costs and payment emerging out of the arbitration and will pay an equivalent portion of the charges and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. On the off chance that non-appearance based arbitration is chosen, the arbitration will be conducted by telephone, online and additionally dependent on composed submissions; the particular way will be chosen by the gathering starting the arbitration. The arbitration will not involve any personal appearance by the gatherings or witnesses except if otherwise concurred by the gatherings.
Time Limits. In the event that you or the Company seeks after arbitration, the arbitration action must be started or potentially requested inside the legal time limit and inside any cutoff time imposed under the AAA Rules for the relevant case.
Authority of Arbitrator. On the off chance that arbitration is started, the arbitrator will choose the rights and liabilities of you and the Company, and the contest won’t be consolidated with some other issues or joined with some other cases or gatherings. The arbitrator will have the authority to give motions dispositive of all or part of any case. The arbitrator will have the authority to grant monetary harms, and to concede any non-monetary cure or help accessible to a person under appropriate law, the AAA Rules, and the Terms. The arbitrator will give a composed honor and explanation of decisions depicting the fundamental discoveries and conclusions on which the honor is based. The arbitrator has a similar authority to grant alleviation on an individual premise that a judge in a court of law would have. The honor of the arbitrator is conclusive and authoritative upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, rather choosing that all cases and debates will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are normally more restricted, more productive and more affordable than rules material in a court and are dependent upon constrained surveys by a court. On the occasion any litigation should emerge among you and the Company in any state or government court in a suit to clear or enforce an arbitration grant or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, rather choosing that the contest is resolved by a judge.
Waiver of Class or Consolidated Actions. All cases and questions inside the scope of this arbitration understanding must be mediated or prosecuted on an individual premise and not on a class premise, and claims of more than one customer or client cannot be refereed or contested jointly or consolidated with those of some other customer or client.
Confidentiality. All parts of the arbitration proceeding will be carefully confidential. The gatherings consent to keep up confidentiality except if otherwise legally necessary. This passage will not keep a gathering from submitting to a court of law any information important to enforce this Agreement, to enforce an arbitration grant, or to look for injunctive or evenhanded help.
Severability. In the event that any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, at that point such explicit part or parts will be of no force and impact and will be cut off and the rest of the Agreement will continue in full force and impact.
Right to Waive. Any or the entirety of the rights and limitations set out in this Arbitration Agreement might be postponed by the gathering against whom the case is stated. Such a waiver will not defer or influence some other portion of this Arbitration Agreement.
Endurance of Agreement. This Arbitration Agreement will endure the termination of your relationship with the Company.
Little Claims Court. Nonetheless the foregoing, it is possible that you or the Company may acquire an individual action little cases court.
Crisis Equitable Relief. Anyhow the foregoing, either gathering may look for crisis evenhanded alleviation before a state or government court so as to keep up business, as usual, pending arbitration. A solicitation for interval measures will not be esteemed a waiver of some other rights or obligations under this Arbitration Agreement.
Cases Not Subject to Arbitration. Notwithstanding the foregoing, cases of defamation, violation of the Computer Fraud and Abuse Act, and encroachment or misappropriation of the other party’s patent, copyright, trademark or competitive innovations will not be dependent upon this Arbitration Agreement.
In any conditions where the foregoing Arbitration Agreement allows the gatherings to dispute in court, the gatherings thusly consent to submit to the personal jurisdiction of the courts located inside Netherlands County, California, for such purposes.
The Site might be liable to U.S. export control laws and might be liable to export or import regulations in other countries. You make a deal to avoid exporting, re-export, or move, legitimately or by implication, any U.S. technical information obtained from Company, or any products using such information, in violation of the United States export laws or regulations.
The company is located at the location in Section 10.8. In the event that you are a California occupant, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them recorded as a hard copy at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications among you and Company utilize electronic methods, regardless of whether you utilize the Site or send us messages, or whether Company posts notices on the Site or communicates with you through email. For contractual purposes, you (a) consent to get communications from Company in an electronic form; and (b) concur that all terms and conditions, understandings, notices, disclosures, and other communications that Company provides to you electronically fulfill any legitimate obligation that such communications would fulfill in the event that it was in a printed version composing.
Whole Terms. These Terms constitute the whole understanding among you and us with respect to the utilization of the Site. Our inability to practice or enforce any privilege or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no lawful or contractual impact. The word “counting” signifies “counting without limitation”. On the off chance that any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be healthy and the invalid or unenforceable provision will be regarded modified so that it is legitimate and enforceable to the most extreme degree allowed by law. Your relationship to Company is that of a self-employed entity, and neither one of the parties is an operator or accomplice of the other. These Terms, and your privileges and obligations thus, may not be doled out, subcontracted, designated, or otherwise moved by you without Company’s prior composed consent, and any endeavored task, subcontract, delegation, or move in violation of the foregoing will be invalid and void. The company may uninhibitedly appoint these Terms. The terms and conditions set out in these Terms will be official upon chosen ones.
Copyright/Trademark Information. Copyright ©. All rights saved. All trademarks, logos and administration marks showed on the Site are our property or the property of other outsiders. You are not allowed to utilize these Marks without our prior composed consent or the consent of such outsiders which may own the Marks.