Introduction
These Terms and Conditions (“Terms”, “Agreement”) govern your use of techheadings.com (“Site”), including any applications provided by us (“Service”), and any content, products, services, software, data, and tools provided by us or our content partners or third-party partners (“Materials”). These Terms apply to all users of the Site, including users that are also authors (collectively referred to in this Agreement as “User(s)”). Our Services are not intended for users under the age of 13. If you are under the age of 13, please do not use our Services. BY USING OUR SITE, YOU AGREE TO THESE TERMS AND CONDITIONS:
- Accounts and Registration: If you choose to register an account on our Site, you agree to provide us with accurate information. Use of more than one account is strictly prohibited.
- Use of Site: This Site is for your personal use only. You may not use our Site in any way, for any purpose that is illegal, abusive, harassing, threatening, obscene, defamatory, or otherwise objectionable. We may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any feature, but we’ll tell you first. We reserve the right to refuse service to anyone for any reason. We reserve the right to remove any materials or content that we consider to be inappropriate or offensive or for reasons of technical difficulty or maintenance.
- Intellectual Property: All text, images, graphics, source code, computer code, data, software, audio and video files, and other Content on this Site are owned by us or our partners, collaborators, authors, or users (collectively, “Third Party Suppliers”) and are protected by copyright, trademark, trade secret, and other legal and intellectual property rights laws. Unless the Third Party Suppliers have granted you express written permission to do so, you agree not to copy, modify, upload, download, rent, lease, loan, sell, transmit, copy, distribute, re-send, perform, display, or store, any of the Content or Services on this Site, either individually or as part of any other work, in any manner that could damage, disable, overburden, or impair this Site or interfere with any person’s use of this Site.
- User Content: “User Content” means any content you provide to us, including but not limited to text, images, videos, podcasts, comments, or other materials. Techheadings.com does not pre-screen User Content and cannot be held liable or accountable for any User Content. However, we reserve the right to review and remove any User Content that we deem to be offensive, unacceptable, or in violation of these Terms and Conditions. By using the Site, you represent and warrant that you own or have obtained all necessary rights to any User Content you provide, and that any User Content you provide does not infringe on any copyright, trademark, patent, trade secret, or other intellectual property right belonging to any person or entity. You further represent and warrant that any User Content you provide is not defamatory, libelous, or otherwise unlawful, abusive, or obscene, and that it does not breach any fiduciary duty, violate any non-disclosure agreement, or infringe upon any privacy right.
- Limited License and Usage: We grant you a limited, revocable, nonsublicensable, non-exclusive, non-transferable license to access and use the Site and our Services solely for your personal or business purposes. The Site and our Services are intended for personal use only. You may not use the Site or our Services for any commercial or for-profit purposes. You may not use the Site or our Services to advertise or solicit funds, or to engage in any other commercial activity.
- Disclaimer of Warranties: THIS SITE, INCLUDING THE SERVICES PROVIDED ON THIS SITE, IS PROVIDED “AS IS”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE FUNCTIONING OF THE SITE, THE SERVICES, THE SECURITY OF THE SITE OR THE SERVICES, OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES. YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY DELETION OR failure to store material submitted by you or others, any failure to process or delay in processing any material submitted for inclusion on the Site, any technical, computer, or software malfunctions, failures or disasters, loss or corruption of data, or any other errors or defects, whether human or technical.
- Limitation of Liability: IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OF DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Conflict Resolution: This Agreement shall be governed by the laws of the United States and the State of California. Any disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce. All claims and disputes arising out of or in connection with this Agreement shall be presented exclusively to the arbitration before a single arbitrator. The arbitration shall be conducted in California, United States, and English language shall be the language of such arbitration.
- Assignability: This Agreement is binding on, inure to, and shall be construed in favor of our successors and assigns, including without limitation, any affiliates or subsidiary companies of ours.
- Miscellaneous: The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of the right to assert or enforce such right or provision in that or any other instance; nor shall the exercise of any right by us under these Terms and Conditions be deemed to be a waiver of any other right which the User may have. The User represents and warrants that he or she has the full and legal right to enter into these Terms and Conditions and to use the Services. Any modification to these Terms and Conditions shall be effective only if we give written notice of such modification by delivering such written notice to the User at such Email Address. The User agrees that any dispute arising from these Terms and Conditions shall be resolved exclusively through individual arbitration which may be heard only in the State of California, USA. The User and Us each waives any right to a trial by jury. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.
- Entire Agreement: These Terms and Conditions constitute the entire agreement between the User and us, and supersedes any prior agreement or communication regarding this Site or the Services.
- Law: The Agreement shall be governed under the Laws of the United States, without giving effect to its conflict of law provisions. You and Us agree that the federal or state courts located in the United States shall have exclusive jurisdiction to resolve any legal action arising from these Terms and Conditions.
- Notice: We may provide you with notices, statements, or other communications concerning the Site or the Services, including any revisions to these Terms and Conditions, by electronic mail, or by displaying notices or links to notices to you on the Site. You agree that we will have no liability or responsibility for any communication that we fail to send or that you fail to receive. You may provide us with notice by sending notice to the email address provided in the Help Desk section of the Site.