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Last updated: July 12, 2023 (Also see the original Terms & Conditions authored on November 1, 2019)<\/p>\n
Please read these terms and conditions carefully before using Our Service.<\/p>\n
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.<\/p>\n
For the purposes of these Terms and Conditions:<\/p>\n
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.<\/p>\n
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.<\/p>\n
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.<\/p>\n
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.<\/p>\n
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.<\/p>\n
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.<\/p>\n
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.<\/p>\n
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.<\/p>\n
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.<\/p>\n
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:<\/p>\n
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.<\/p>\n
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.<\/p>\n
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.<\/p>\n
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product’s instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.<\/p>\n
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.<\/p>\n
You will not have any right to cancel an Order for the supply of any of the following Goods:<\/p>\n
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.<\/p>\n
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.<\/p>\n
The Company reserves the right to revise its prices at any time prior to accepting an Order.<\/p>\n
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.<\/p>\n
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).<\/p>\n
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.<\/p>\n
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.<\/p>\n
If You participate in any Promotions, including Our Customer Loyalty Program, please review the applicable rules<\/a> as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.<\/p>\n When You create an account with Us, You must provide Us 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 Service.<\/p>\n You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.<\/p>\n 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.<\/p>\n 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.<\/p>\n The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.<\/p>\n The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.<\/p>\n Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.<\/p>\n Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.<\/p>\n The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services.<\/p>\n We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.<\/p>\n We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.<\/p>\n Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.<\/p>\n Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.<\/p>\n To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and\/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.<\/p>\n Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.<\/p>\n The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.<\/p>\n Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.<\/p>\n Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.<\/p>\n The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.<\/p>\n If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.<\/p>\n If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.<\/p>\n 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.<\/p>\n Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect 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.<\/p>\n These Terms and Conditions may have been translated if We have made them available to You on our Service. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts 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.<\/p>\n By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.<\/p>\n If you have any questions about these Terms and Conditions, You can contact us:<\/p>\n Original Date Authored: November 1, 2019<\/p>\n Introduction<\/strong><\/p>\n Welcome to TECH! We encourage you to read these Terms before using our websites, any online services, software or apps provided by Tech International (Johnstown), LLC (\u201cTECH,<\/strong>\u201d \u201cwe<\/strong>,\u201d \u201cus,<\/strong>\u201d or \u201cour<\/strong>\u201d) that post a link to these Terms (the \u201cService\u201d). The products available on www.techtirerepairs.com<\/a> and products.techtirerepairs.com<\/a> are intended only for commercial use. By visiting or otherwise using the Service in any other manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy<\/a>.<\/span><\/p>\n These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit TECH\u2019s liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.<\/strong><\/span><\/p>\n Additional Terms<\/strong><\/p>\n In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively \u201cAdditional Terms<\/strong>\u201d). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.<\/span><\/p>\n Updates to these Terms and Additional Terms<\/strong><\/p>\n We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained in Section 10.<\/span><\/p>\n 1. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.<\/strong><\/p>\n A. Ownership.<\/strong><\/span> B. Your Rights to Use the Service and Content.<\/span><\/strong><\/p>\n (i) Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the \u201cTECH Licensed Elements<\/strong>\u201d):<\/span><\/p>\n (1) Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (\u201cDevice<\/strong>\u201d) and\/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;<\/span><\/p>\n (2) Stream the Content using any of the widgets and\/or other digital streaming internet video players, if any, provided on the Service;<\/span><\/p>\n (3) Subject to any applicable Additional Terms, if the Service includes a \u201cSend to Friend,\u201d social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;<\/span><\/p>\n (4) If the Service includes a \u201cDownload\u201d link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;<\/span><\/p>\n (5) Download, install and use one copy of any software, including apps, that we make available on or through the Service (\u201cSoftware<\/strong>\u201d) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, TECH does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be TECH and\/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of TECH; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;<\/span><\/p>\n (6) If made available to you, obtain a registered personal account (and\/or related username and password) on the Service and interact with the Service in connection therewith;<\/span><\/p>\n (7) Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any TECH names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with TECH or cause any other confusion, and (c) the links and the content on your website do not portray TECH or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to TECH. TECH reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and<\/span><\/p>\n (8) Use any other functionality expressly provided by TECH on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and\/or post User-Generated Content (as defined below)) and any applicable Additional Terms.<\/span><\/p>\n C. Rights of Others.<\/strong><\/span> D. Reservation of all Rights Not Granted as to Content and Service.<\/strong><\/span> E. Third-Party Services.<\/span><\/strong> 2. SERVICE AND CONTENT USE RESTRICTIONS.<\/strong><\/p>\n A. Service Use Restrictions.<\/span><\/strong> B. Content Use Restrictions.<\/span><\/strong> C. Availability of Service and Content.<\/strong><\/span> 3. CREATING AN ACCOUNT.<\/strong><\/p>\n If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us at privacy@trc4r.com<\/a> of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.<\/span><\/p>\n Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.<\/span><\/p>\n 4. MESSAGING.<\/strong><\/p>\n A. Email Messages.<\/span><\/strong> B. Text Messages.<\/span><\/strong> 5. NOTICES, QUESTIONS AND CUSTOMER SERVICE.<\/strong><\/p>\n You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: 200 E. Coshocton Street, PO Box 486 Johnstown, OH, 43031. If you have a question regarding the Service, you may contact TECH Customer Support by sending an email to privacy@trc4r.com<\/a> or calling us at 1-740-967-9015<\/a>. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.<\/span><\/p>\n 6. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS.<\/strong><\/p>\n We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, TECH shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from TECH is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.<\/span><\/p>\n 7. ARBITRATION AND DISPUTE TERMS.<\/strong><\/p>\n A. Forum Selection\/Jurisdiction.<\/span><\/strong> B. Pre-Arbitration Notification.<\/strong><\/span> C. Arbitration of Claims.<\/strong><\/span> D. Limitation on Injunctive Relief.<\/span><\/strong> E. Governing Law.<\/strong><\/span> F. Class Action Waiver.<\/span><\/strong> G. Jury Waiver.<\/strong><\/span> H. Small Claims Matters.<\/span><\/strong> I. <\/span><\/strong>The provisions of this Section 7 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 7 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.<\/span><\/p>\n 8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.<\/strong><\/p>\n A.<\/span><\/strong> AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN \u201cAS IS\u201d, \u201cAS AVAILABLE\u201d, AND \u201cWITH ALL FAULTS\u201d BASIS. To the fullest extent permissible by applicable law, TECH and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, \u201cTECH Parties<\/strong>\u201d) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, TECH Licensed Elements, or other TECH products or services, except as set forth in subsection C, below.<\/span><\/p>\n B.<\/span> EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, TECH PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.<\/span><\/strong><\/p>\n C.<\/span> NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY TECH PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY TECH PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) TECH PARTIES\u2019 LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY TECH PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST TECH PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.<\/span><\/strong><\/p>\n 9. LIMITATIONS OF OUR LIABILITY.<\/strong><\/p>\n A.<\/span><\/strong> AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY TECH PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND<\/strong>, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, TECH Licensed Elements, or other TECH products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by TECH.<\/span><\/p>\n B.<\/span><\/strong> The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if TECH Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).<\/span><\/p>\n C.<\/strong><\/span> AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TECH PARTIES\u2019 TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TECH IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).<\/span><\/strong><\/p>\n D.<\/span> NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY TECH PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY TECH PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) TECH PARTIES\u2019 LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY TECH PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST TECH PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.<\/span><\/strong><\/p>\n 10. UPDATES TO TERMS.<\/strong><\/p>\n It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service.<\/span><\/p>\n 11. GENERAL PROVISIONS.<\/strong><\/p>\n A. <\/span><\/strong>TECH\u2019s Consent or Approval<\/span>.<\/span><\/strong> As to any provision in these Terms or any applicable Additional Terms that grants TECH a right of consent or approval, or permits TECH to exercise a right in its \u201csole discretion,\u201d TECH may exercise that right in its sole and absolute discretion. No TECH consent or approval may be deemed to have been granted by TECH without being in writing and signed by an officer of TECH.<\/span><\/p>\n B. Indemnity.<\/strong><\/span> As permitted by applicable law, you agree to, and you hereby, defend (if requested by TECH), indemnify, and hold TECH Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys\u2019 fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any TECH Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Service and your activities in connection with the Service; (ii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) TECH Parties\u2019 use of the information that you submit to us subject to our Privacy Policy<\/a>, see separate document (all of the foregoing, \u201cClaims and Losses<\/strong>\u201d). You will cooperate as fully required by TECH Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, TECH Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. TECH Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a TECH Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.<\/span><\/p>\n C. Operation of Service; Availability of Products and Services; International Issues.<\/span><\/strong> TECH controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.<\/span><\/p>\n D. Export Controls.<\/span><\/strong> You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.<\/span><\/p>\n E. Severability; Interpretation.<\/span><\/strong> If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.<\/span><\/p>\nUser Accounts<\/h2>\n
Intellectual Property<\/h2>\n
Links to Other Websites<\/h2>\n
Termination<\/h2>\n
Limitation of Liability<\/h2>\n
“AS IS” and “AS AVAILABLE” Disclaimer<\/h2>\n
Governing Law<\/h2>\n
Disputes Resolution<\/h2>\n
For European Union (EU) Users<\/h2>\n
United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.<\/h2>\n
Severability and Waiver<\/h2>\n
Severability<\/h3>\n
Waiver<\/h3>\n
Translation Interpretation<\/h2>\n
You agree that the original English text shall prevail in the case of a dispute.<\/p>\nChanges to These Terms and Conditions<\/h2>\n
Contact Us<\/h2>\n
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The Service and all of its content (\u201cContent<\/strong>\u201d), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (\u201cIntellectual Property<\/strong>\u201d), are owned or controlled by TECH, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of TECH, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and\/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. TECH owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.<\/span><\/p>\n
In using the Service, you must respect the Intellectual Property and rights of others and TECH. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.<\/span><\/p>\n
These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY TECH AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.<\/em><\/span><\/p>\n
We are not responsible for third parties or their content, advertisement(s), apps or sites (\u201cThird-Party Service<\/strong>s\u201d). For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign in to our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services.<\/span><\/p>\n
You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other \u201chidden text\u201d utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to TECH; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user\u2019s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, TECH, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.<\/span><\/p>\n
You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, \u201cbot\u201d, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors\u2019 products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the TECH Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of TECH or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.<\/span><\/p>\n
TECH, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and\/or Content (and any elements and features of them), in whole or in part, for any reason, in TECH\u2019s sole discretion, and without advance notice or liability.<\/span><\/p>\n
You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and, if your opt-out is limited to certain types of emails, the opt-out will be so limited. Subject to applicable law, we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements, and these informational or transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.<\/span><\/p>\n
You may be given opportunities to subscribe to various text marketing or other text messaging programs and, by doing so, you consent to receive ongoing text alerts (including via actual or potential auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited, that subscription will be so limited. Such consent is not required to purchase any product or service aside from the text subscription itself. For each subscription, text \u201cHELP\u201d for help and text \u201cSTOP\u201d to terminate (i.e., opt-out of) that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent or to which you later consent (to the extent specified). Alerts auto-renew unless otherwise specified when you consented. Except for the purchase of premium text programs to which you subscribe for a fee, your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. You understand that we may send mobile text messages using automated technology. If you subscribe to text messages, you represent that you are 18 years of age or older or have obtained parental consent. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances for which you are responsible. Contact your carrier for details. Premium rates that we charge (if any) for text messages will be explained in the applicable subscription consent. Not all phones and\/or carriers are supported. We are the sponsor of our text messages.<\/span><\/p>\n
Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, these Terms, or any applicable Additional Terms, (collectively, \u201cDispute<\/strong>\u201d) shall be in Columbus, Ohio. Each party submits to personal jurisdiction and venue in Columbus, Ohio for any and all purposes.<\/span><\/p>\n
TECH and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that TECH need not do so in circumstances where its claims of Intellectual Property rights are concerned (\u201cIP Disputes<\/strong>,\u201d with all other disputes referred to as \u201cGeneral Disputes<\/strong>\u201d). The party making a claim \u2013 whether you or TECH \u2013 shall send a letter to the other side briefly summarizing the claim and the request for relief. If TECH is making a claim, the letter shall be sent, via email, to the email address listed in your TECH account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 7.B. If you are making a claim, the letter shall be sent to 200 E. Coshocton Street, PO Box 486 Johnstown, OH, 43031 (Attn: Legal Department). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 7. Either you or TECH, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 7.D) before the expiration of this sixty (60)-day period.<\/span><\/p>\n
Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to: 200 E. Coshocton Street, PO Box 486 Johnstown, OH, 43031, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com<\/a>) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Columbus, Ohio, before a single arbitrator. If the matter in dispute is between TECH and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates\u2019 lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator\u2019s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator\u2019s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Columbus, Ohio or, if sought by TECH, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator\u2019s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.<\/span><\/p>\n
AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY TECH PARTY (DEFINED BELOW) OR A LICENSOR OF ANY TECH PARTY.<\/span><\/p>\n
These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against TECH or by TECH against you pursuant to this Section 7, or otherwise related to the Service, Content, TECH Licensed Elements, or other TECH products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Ohio, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 7 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. \u00a71, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and TECH agree that we intend that this Section 8 satisfies the \u201cwriting\u201d requirement of the Federal Arbitration Act. This Section 7 can only be amended by mutual agreement. Either party may seek enforcement of this Section 7 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.<\/span><\/p>\n
As permitted by applicable law, both you and TECH waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 7 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.<\/span><\/p>\n
AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND\/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.<\/span><\/strong><\/p>\n
Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 7.F.<\/span><\/p>\n