Terms of Service:
The following terms
and conditions govern all use of the Techbitusa.com website and all content,
services, and products available through the website, including, but not
limited to, the client area (collectively referred to as the Site).
The Site is owned and operated by TechBit
Solutions LLC (collectively
referred to as the Operator). The Site is offered subject to your acceptance
without modification of all of the terms and conditions contained herein and
all other operating rules, policies including, without limitation, the
Operator's privacy policy and procedures that may be published from time to
time on this Site by the Operator (collectively, the "Agreement").
Please read this
Agreement carefully before accessing or using the Site. By accessing or using
any part of the website, you agree to become bound by the terms and conditions
of this agreement. If you do not agree to all the terms and conditions of this
agreement, then you may not access the Site or use any services. The Site is
available only to individuals who are at least 21 years old.
Client area account
You are responsible
for maintaining the security of your client area account, and you are fully
responsible for all activities that occur under the account and any other
actions taken in connection with the account. You must immediately notify the
Operator of any unauthorized uses of your account or any other breaches of
security. The Operator will not be liable for any acts or omissions by You,
including any damages of any kind incurred as a result of such acts or
omissions.
Contribution to the website
If you leave comments
anywhere on the Site, post material to the Site, post links on the Site, or
otherwise make (or allow any third party to make) material available by means
of the Site (any such material, "Content"), You are entirely
responsible for the content of, and any harm resulting from, that Content. That
is the case regardless of whether the Content in question constitutes text,
graphics, audio, or computer software. By making Content available, you
represent and warrant that:
· Downloading, copying and use of the Content
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark or trade secret rights, of any third party
· You have fully complied with any third-party
licenses relating to the Content, and have done all things necessary to
successfully pass through to end users any required terms
· The Content does not contain or install any
viruses, worms, malware, trojan horses or other harmful or destructive content
· The Content is not spam, is not machine or
randomly-generated, and does not contain unethical or unwanted commercial
content designed to drive traffic to third-party sites or boost the search
engine rankings of third-party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as
spoofing)
· The Content is not pornographic, libelous or defamatory,
does not contain threats or incite violence towards individuals or entities,
and does not violate the privacy or publicity rights of any third party
By submitting Content
to the Operator for inclusion on our Site, you grant the Operator a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish
the Content for the purpose of displaying, distributing, promoting, marketing
or any other lawful use.
Without limiting any
of those representations or warranties, the Operator has the right (though not
the obligation) to, in the Operator's sole discretion (i) refuse or remove any
content that, in the Operator's reasonable opinion, violates any policy or is
in any way harmful or objectionable, or (ii) terminate or deny access to and
use of the Site to any individual or entity for any reason, in the Operator's
sole discretion. The Operator will have no obligation to provide a refund of
any amounts previously paid under these circumstances.
What information do we collect?
We may collect
personally identifiable information from you in a variety of ways, including
through online forms for ordering products and services, and other instances
where you are invited to volunteer such information, including, but not limited
to, when you register on our site, place an order or subscribe to our
newsletter. When ordering or registering on our site, as appropriate, you may
be asked to enter your: name, e-mail address, mailing address, phone number or
credit card information.
What do we use your information
for?
Any of the information
we collect from you may be used to personalize your experience, improve our
website, improve customer service, process transactions, send periodic emails.
The email address you provide for order processing will only be used to send
you information and updates pertaining to your order. If you decide to opt-in
to our mailing list, you will receive emails that may include company news,
updates, related product or service information, etc. If at any time you would like
to unsubscribe from receiving future emails, we include detailed unsubscribe
instructions at the bottom of each email.
How do we protect your
information?
We implement a variety
of security measures to maintain the safety of your personal information when
you place an order or access your personal information.
We offer the use of a
secure server. All supplied sensitive/credit information is transmitted via
Secure Socket Layer (SSL) technology and then encrypted into our payment
gateway providers database only to be accessible by those authorized with
special access rights to such systems, and are required to keep the information
confidential. After a transaction, your private information (credit cards,
social security numbers, financials, etc.) will not be stored on our servers.
Payments and refunds
The Site offers
products and services for sale. The Site does not handle payments for these
products directly but rather refers these payments to a secure third-party
payment processor which handles all aspects of the payment process. Any payment
issues or disputes should be resolved directly with the payment processor. Once
we have been notified by the payment processor that a payment has been made,
and that the payment has successfully passed a fraud review, access will be
granted to the product or service being purchased as soon as possible, however,
we make no guarantees of timeliness or immediacy. Free accounts are provided
with limited access to the Site that allows the user to test all available
services prior to making a payment and determine if the offered services meet
users needs. You may request a refund within 7 days of the payment.
Responsibility of website
visitors
By operating the Site,
the Operator does not represent or imply that it endorses any or all of the
contributed content, or that it believes such material to be accurate, useful
or non-harmful. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, trojan horses, and
other harmful or destructive content. The Site may contain content that is
offensive, indecent, or otherwise objectionable, as well as content containing
technical inaccuracies, typographical mistakes, and other errors. The Operator
disclaims any responsibility for any harm resulting from the use by visitors of
the Site.
Do we disclose any information
to outside parties?
We do not sell, trade,
or otherwise transfer to outside parties your personally identifiable
information, except to provide products or services you've requested. This does
not include trusted third parties who assist us in operating our website,
conducting our business, or servicing you, so long as those parties agree to
keep this information confidential. We may also release your information when
we believe release is appropriate to comply with the law, enforce our site
policies, or protect ours or others rights, property, or safety. However,
non-personally identifiable visitor information may be provided to other
parties for marketing, advertising, or other uses.
Copyright infringement and DMCA
policy
As the Operator asks
others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located on
or linked to by the Site violates your copyright, you are encouraged to notify
the Operator in accordance with common DMCA policies. The Operator will respond
to all such notices, including as required or appropriate by removing the
infringing material or disabling all links to the infringing material. In the
case of a visitor who may infringe or repeatedly infringes the copyrights or
other intellectual property rights of the Operator or others, the Operator may,
in its discretion, terminate or deny access to and use of the Site. In the case
of such termination, the Operator will have no obligation to provide a refund
of any amounts previously paid to the Operator. You further agree not to change
or delete any proprietary notices from materials downloaded from the site. You
must retain our copyright notice in the policy you create unless you have
purchased a premium policy in which case you may remove our copyright notice
from your generated policy.
Do we use cookies?
Yes, we use cookies
(which are small pieces of information that your browser stores on your
computer's hard drive) to help us remember and process the items in your
shopping cart, understand and save your preferences for future visits and compile
aggregate data about site traffic and site interaction so that we can offer
better site experiences and tools in the future. We may contract with
third-party service providers to assist us in better understanding our site
visitors. These service providers are not permitted to use the information
collected on our behalf except to help us conduct and improve our business.
Third-party links
Our site may contain
links to third-party sites. These third-party sites have separate and
independent terms of service and privacy policies. We, therefore, have no
responsibility or liability for the content and activities of these linked
sites. Nonetheless, we seek to protect the integrity of our site and welcome
any feedback about these sites.
Intellectual property
This Agreement does
not transfer from the Operator to you any of the Operator's or third party
intellectual property, and all right, title and interest in and to such
property will remain (as between the parties) solely with the Operator. The
Operator logo and all other trademarks, service marks, graphics and logos used
in connection with the Operator, or the Site are trademarks or registered
trademarks of the Operator or the Operator's licensors. Other trademarks,
service marks, graphics and logos used in connection with the Site may be the
trademarks of other third parties. Your use of the Site grants you no right or
license to reproduce or otherwise use any the Operator or third-party
trademarks.
Changes
The Operator reserves
the right, at its sole discretion, to modify or replace any part of this
Agreement. It is your responsibility to check this Agreement periodically for
changes. Your continued use of or access to the Site following the posting of
any changes to this Agreement constitutes acceptance of those changes. The
Operator may also, in the future, offer new services and/or features through
the Site (including, the release of new tools and resources). Such new features
and/or services shall be subject to the terms and conditions of this Agreement.
Termination
The Operator may
terminate your access to all or any part of the Site at any time, with or
without cause, with or without notice, effective immediately. If you wish to
terminate this Agreement you may simply discontinue using the Site. Notwithstanding
the foregoing, if you have a client account, such account can only be
terminated by the Operator if you materially breach this Agreement and fail to
cure such breach within 14 (fourteen) days from the Operator's notice to you
thereof; provided that, the Operator can terminate the Site immediately as part
of a general shut down of our service. All provisions of this Agreement which
by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Disclaimer of warranties
The Site is provided
"as is". The Operator and its suppliers and licensors hereby disclaim
all warranties of any kind, express or implied, including, without limitation,
the warranties of merchantability, fitness for a particular purpose and
non-infringement. Neither the Operator nor its suppliers and licensors make any
warranty that the Site will be error-free or that access thereto will be
continuous or uninterrupted. You understand that it is your responsibility to
ensure that the policy you create is complete, accurate, and meets yours and
your company's specific needs. We are not liable or responsible for any
policies created using our services, and we give no representations or
warranties, express or implied, that the policies created using our service are
complete, accurate or free from errors or omissions.
Limitation of liability
The Operator is not a
lawyer or a law firm and does not engage in the practice of law or provide
legal advice or legal representation. All information, products, and services
provided on the site are for informational and self-help purposes only and are
not intended to be a substitute for professional legal advice.
In no event will the
Operator, or its suppliers or licensors, be liable with respect to any subject
matter of this agreement under any contract, negligence, strict liability or
other legal or equitable theory for: (i) any special, incidental or
consequential damages; (ii) the cost of procurement or substitute products or
services; (iii) for interruption of use or loss or corruption of data; or (iv)
for any amounts that exceed the fees paid by you to the Operator under this
agreement. The Operator shall have no liability for any failure or delay due to
matters beyond their reasonable control. The foregoing shall not apply to the
extent prohibited by applicable law. The Operator shall not be liable for any
special or consequential damages that result from the use of, or the inability
to use, the services and products offered on this site, or the performance of
the services and products.
General representation and
warranty
You represent and
warrant that (i) your use of the Site will be in strict accordance with this
Agreement and with all applicable laws and regulations (including without
limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside) and (ii)
your use of the Site will not infringe or misappropriate the intellectual
property rights of any third party.
Indemnification
You agree to indemnify
and hold harmless the Operator, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and against any and
all claims and expenses, including attorneys' fees, arising out of your use of
the Site, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement
constitutes the entire agreement between the Operator and you concerning the
subject matter hereof, and they may only be modified by a written amendment
signed by an authorized executive of the Operator, or by the posting by the
Operator of a revised version. Except to the extent applicable law, if any,
provides otherwise, this Agreement, any access to or use of the Site will be
governed by the laws of the state of Texas, USA, excluding its conflict of law
provisions, and the proper venue for any disputes arising out of or relating to
any of the same will be the state and federal courts located in El Paso, Texas.
If any part of this Agreement is held invalid or unenforceable, that part will
be construed to reflect the parties' original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of any
term or condition of this Agreement or any breach thereof, in any one instance,
will not waive such term or condition or any subsequent breach thereof. You may
assign your rights under this Agreement to any party that consents to, and
agrees to be bound by, its terms and conditions; the Operator may assign its
rights under this Agreement without condition. This Agreement will be binding
upon and will inure to the benefit of the parties, their successors and
permitted assigns.
Changes to our terms and
privacy policies
From time to time we
may make adjustments to this policy. Changes will be made at our sole
discretion. Site's users are encouraged to check this policy for such changes.
Your continued use of this site following changes to this policy constitutes
your acceptance of the changes.
Contacting us
Any questions about these terms of service and
privacy policy should be addressed to us via email at support@techbitusa.com