TeknoGet Terms of Service 

 

 

This TEKNOGET CLIENT CONTRACT (the “Agreement”) constitutes a legally binding agreement between TeknoGet.com owned by TeknoVentures LLC (‘TeknoGet”) and you (“You” or “Your”). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH TEKNOGET, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH TEKNOGET MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU USE THE TEKNOGET SERVICES.

 

Subject to the terms and conditions of this Agreement, TeknoGet hereby grants to You a non-exclusive, revocable, right and license, without right to sublicense, to use TeknoGet’s proprietary online platform, including without limitation to: (i) the website located at https://www.TeknoGet.com, (ii) any services offered on or through such website, and (iii) any servers, computers or networks used to provide such website (the “TeknoGet Services”) for the purposes set forth in this Agreement. In the event You transfer Your account or ownership of any Product, as defined below, You shall ensure that any purchasers or assignees are bound by the terms of this Agreement.

 

In addition to any other rights or remedies afforded TeknoGet under or otherwise in connection with this Agreement, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement.

 

 

First. Our Relationship

1.1 This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary, or similar relationship between the parties. You are prohibited from making any promise, warranty, or representation on behalf of TeknoGet or obligating TeknoGet in any way. You may not represent to any person that You are the agent of TeknoGet or are authorized to act on its behalf.

 

1.2. Contracting Parties. The relationship between the parties is solely as

independent business enterprises, each of whom operates a separate and distinct business

enterprise that provides a service outside the usual course of business of the other. This is

not an employment agreement and you are not an employee. You confirm the existence and

nature of that contractual relationship each time you access our Platform. We are not hiring

or engaging you to provide any service; you are engaging us to provide you access to our

Platform, website and/or services. Nothing in this Agreement creates, will create, or is intended to create, any:

employment, partnership, joint venture, franchise or sales representative relationship

between you and us. The parties do not share in any profits or losses. You have no authority

to make or accept any offers or representations on our behalf. You are not our agent and you

have no authority to act on behalf of TeknoGet.

TeknoGet may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

 

1.3. When you use TeknoGet.com or any of TeknoGet services or its websites, platforms, apps, partners, affiliates, parent companies and/or subsidiaries, you agree that you will only use TeknoGet for the purposes designed by TeknoGet to be used for. You agree that you will never try to use TeknoGet or create an account on TeknoGet to spy or collect data or info to release it to other party, individual or entity. You agree that you will never harm TeknoGet or have the intent to harm TeknoGet or try to collect data or info that could harm TeknoGet or collect data or info that could be used in any way to harm TeknoGet for any reason or prevent TeknoGet from acquiring new leads, customers or partners or prevent TeknoGet from growing its business or revenue and/or make profit. If you convey/leak such data or info to any party, company, entity, competitor, and/or any individual, you will be fined with compensatory damages decided by TeknoGet with the amount not less than $100,000 one hundred thousand US dollars. TeknoGet is the sole party who will decide the amount of the compensatory damages to the full extent of applicable federal and state laws. You agree to pay those compensatory damages not less than $100,000 one hundred thousand US dollars immediately upon TeknoGet request and before you start any kind of dispute or claim with TeknoGet.

 

Second. Claims and Disputes

1. General:

If you have disputes, claims, disagreements, any claimed damages of any type, you herby agree to send TeknoGet a claim request to Legal [at] TeknoGet.com. This claim request should be sent at least 60 days before you start any complaint, review or any legal action in court or outside court including but limited to: small claims court, arbitration, mediation, complaints to federal, local and/or government agencies, AND complaints or reviews on any website, social media network or any kind of review platform online and offline. You agree to give TeknoGet at least 60 days to resolve your claims/complaints. After those 60 days, if you don’t agree with TeknoGet resolution, you can start the official process of arbitration or mediation abiding by the terms of this agreement.

IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND TEKNOGET CAN BE BROUGHT, INCLUDING THE ARBITRATION AGREEMENT (SEE BELOW). PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH TEKNOGET ON AN INDIVIDUAL BASIS AND, THROUGH FINAL AND BINDING ARBITRATION (AS DESCRIBED BELOW). BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms may apply to certain options or offers available through the Services, , event, program, activity, or promotion. Such supplemental terms will be disclosed to you in connection with the applicable option or offer. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable option or offer. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable option or offer.

TeknoGet may make changes to these Terms from time to time. If TeknoGet makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Unless TeknoGet says otherwise in its notice, the amended Terms will be effective immediately and your continued access to and use of the Services after TeknoGet provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Services.

TeknoGet’s collection and use of personal information in connection with the Services is described in TeknoGet’s Privacy Notice located at https://www.TeknoGet.com/privacy .

2. Arbitration Agreement:

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against TeknoGet on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against TeknoGet, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against TeknoGet by someone else. Thus, the parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against TeknoGet in a single proceeding, this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against TeknoGet, other than participating in a classwide, collective, coordinated, consolidated, mass and/or representative settlement of claims.

YOU AND TEKNOGET MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with TeknoGet ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. This Arbitration Agreement applies to all Claims (defined below) between you and TeknoGet, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and TeknoGet’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND TEKNOGET. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the TeknoGet website, the TeknoGet Platform, the TeknoGet Services, rental or use of bikes or scooters through the TeknoGet Platform, TeknoGet promotions, gift card, referrals or loyalty programs, any other goods or services made available through the TeknoGet Website and/or Platform, your relationship with TeknoGet, the threatened or actual suspension, deactivation or termination of your User Account and/or partner account or this Agreement, background checks performed by or on TeknoGet’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by TeknoGet, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND TEKNOGET ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated without exceptions.

 

(a) Agreement to Binding Arbitration Between You and TeknoGet.

(1) Covered Disputes: You and TeknoGet agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of the Services (including, but not limited to, your use of the TeknoGet Marketplace Platform, the TeknoGet Website, or the TeknoGet App), regardless whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to the Terms, and regardless whether you allege that the personal injury was experienced by you or anyone else; and (iv) your relationship with TeknoGet, will be settled by binding individual arbitration between you and TeknoGet, and not in a court of law. This Arbitration Agreement survives after your relationship with TeknoGet ends.

(2) Class Action Waiver: You acknowledge and agree that any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or TeknoGet from participating in a classwide, collective, and/or representative settlement of claims.

The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against TeknoGet in a single proceeding, except that this Class Action Waiver shall not prevent you or TeknoGet from participating in a classwide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or TeknoGet.

(3) Mass Actions:

1. Mass Action Waiver: You acknowledge and agree that any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or TeknoGet are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or TeknoGet’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or TeknoGet from participating in a mass settlement of claims.
2. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) You shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Legal [at] TeknoGet.com. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. TeknoGet may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this Section 2(a)(3)(b) only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree that arbitrations will be batched as provided in Section 2(a)(3)(c) below.
3. Batching:
4. To increase efficiency of resolution in the event a Mass Action is filed and neither party exercises its right to opt out of arbitration pursuant to Section 2(a)(3)(b) above, the following procedure shall apply. At the request of either party, an arbitrator shall be selected according to the applicable arbitration provider’s rules to act as a special master (“Special Master”) to resolve threshold disputes regarding the propriety of some or all the arbitration demands submitted in the Mass Action (“Mass Arbitration Demands”). These threshold disputes may include, but are not limited to:
5. Any dispute regarding filing fees owed with respect to the Mass Arbitration Demands, including whether claimants have submitted valid fee waivers;
6. Any dispute regarding whether the applicable arbitration provider has complied with the Arbitration Agreement with respect to processing and administering the Mass Arbitration Demands;
7. Any dispute regarding whether the Mass Arbitration Demands meet the requirements set forth in Section 2(d) below;
8. Whether claimants are barred from proceeding with their claims based on a prior settlement agreement, violation of these Terms, or expiration of the statute of limitations;
9. Any dispute relating to representation of the same claimant by multiple law firms;
10. Any dispute regarding whether the Mass Arbitration Demands were filed with the correct arbitration provider;
11. Any dispute regarding discovery common to all claims; and
12. Any disputes regarding legal or factual issues common to all claims.

Any such request shall be made within 15 days following the expiration of the opt-out period described in Section 2(a)(3)(b), and may be made by providing written notice to the arbitration provider. Upon the request of either party to appoint a Special Master to resolve the foregoing issues, the applicable arbitration provider shall refrain from further processing any of the Mass Arbitration Demands to which a dispute has been raised. No further payment for filing fees, administrative costs, or arbitrator fees shall be deemed due with respect to any of the Mass Arbitration Demands as to which a dispute has been raised until after the dispute(s) has/have been resolved by the Special Master. You shall be responsible for the applicable arbitration provider’s and Special Master’s fees and costs related to the proceedings before the Special Master.

A Special Master appointed pursuant to this procedure shall have no authority to consolidate cases.

1. After proceedings before the Special Master have concluded, to the extent any of the Mass Arbitration Demands are permitted to proceed, the parties shall group the Mass Arbitration Demands into batches of no more than 100 demands per batch by state of residence, and then alphabetically by last name (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands), and shall inform the arbitration provider of the batches and their compositions within 14 days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration. You agree to cooperate in good faith with TeknoGet and the arbitration provider to implement such a batch approach to resolution and fees. Nothing in this provision shall be construed as limiting the right to object that the filing or presentation of multiple arbitration demands by or with the assistance of the same law firm or organization violates any term of this Agreement.

iii. If any Mass Arbitration Demands were originally processed as individual arbitration demands before this batching procedure was commenced, further proceedings, including the assessment of further arbitration filing or administration fees to either party shall be governed by the procedures set forth in this Section 2(a)(3).

(4) Delegation Clause: Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including without limitation any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to the Class Action Waiver and Mass Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver and/or Mass Action Waiver is unenforceable, unconscionable, illegal, void, or voidable, an arbitrator or panel of arbitrators shall have authority to determine whether the party bringing any claim has violated the Mass Action Waiver.

(5) Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims arise out of or relate to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.

(c) Rules and Governing Law.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and the applicable arbitration provider’s rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and applicable arbitration provider’s rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.

Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

(d) Process.

Pre-Arbitration Dispute Resolution and Notification: The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify TeknoGet that you intend to initiate an informal dispute resolution conference, send an email to Legal [at] TeknoGet.com, providing your first name, last name, the telephone number(s) associated with your TeknoGet account (if any), the email address(es) associated with your TeknoGet account, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

Initiating Arbitration: In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2(c). A party initiating an arbitration against TeknoGet must send the written demand for arbitration to Legal [at] TeknoGet.com. Additionally, a party initiating arbitration against TeknoGet must send an electronic version of the demand for arbitration to the Arbitration Provider.

By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

(e) Location.

TeknoGet will determine the location.

(f) Offers of Judgment.

At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs.

(g) Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the applicable arbitration provider’s rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties.

The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s decision shall be binding only upon the parties to the arbitration that are the subject of the decision.

The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.

(h) Fees.

With the exception of the provisions governing payment of arbitration costs set forth above, your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider’s rules and shall be up to the amount you would be required to pay if you filed a claim in court.

If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If you believe that you meet the requirements to obtain a fee waiver, and your demand for arbitration arises outside of California, then you may request a fee waiver only by submitting to the arbitration provider AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs (found here), or a declaration under oath containing all the information required by AO 240; if your demand for arbitration arises in California, then you must submit a declaration under oath providing your monthly income and the number of persons in your household.

Any and all disputes regarding a party’s obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator. If such a dispute arises before an arbitrator has been appointed, and if no Special Master has been requested by either party pursuant to section 2(a)(3)(c)(i) of these Terms, the parties agree that (i) the due date for any disputed fees shall be stayed pending resolution of the parties’ dispute, (ii) a panel of three arbitrators shall be appointed to resolve the parties’ dispute concerning a party’s obligation to pay fees or costs of arbitration, (iii) the panel of arbitrators shall be appointed by each party selecting one arbitrator from the arbitration provider’s roster to serve as neutral arbitrators, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration administrator will select the third arbitrator, (iv) You shall pay any administrative fees or costs incidental to the appointment of a panel of arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrator(s), as well as room rental, and (v) the arbitrator(s) shall issue a written decision with findings of fact and conclusions of law. If two or more fee disputes between a claimant and TeknoGet arise at or around the same time, the disputes may be consolidated for resolution by a single arbitrator or panel of arbitrators either at the agreement of the parties or the election of the party common to all such disputes.

(i) Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

 

(j) Opt-out of Arbitration Agreement.

If you wish to opt out of this binding arbitration agreement, you can do so by sending a signed written request to: Legal [at] TeknoGet.com. This request should be sent within 30 days of you agreeing to this agreement. Please include: your first name, last name, phone number, address, your clear request of your wish to opt out of this binding arbitration agreement.

 

Third. Other Terms

1. REGISTRATION.
2. You will be required to register for an account and/or accept all the terms of this agreement in order to use certain TeknoGet Services. When You provide information during the registration process, You agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
3. If You register for a TeknoGet account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer, or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password, if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the TeknoGet Services using Your account information in whole or in part. TeknoGet reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without liability.

 

 

2. PROMOTING PRODUCTS.

If You promote, market, or otherwise advertise (“Promote” or a “Promotion”) any product which is registered for sale via the TeknoGet Services, either by You or by another TeknoGet client (each a “Product”), whether via the TeknoGet Services or via any other online or offline channel or medium, including for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent and warrant that:

1. You will abide by TeknoGet’s Product Return and Cancellation Policy and You will establish Your Seller Return Policy as set forth below.
2. When You Promote a Product, You will use the applicable Seller’s trademarks, logos, trade names or service marks in accordance with such Seller’s trademark guidelines, which will either be supplied by TeknoGet or set forth in the Seller Promotional Messaging Guidelines, if applicable. For purposes of this Agreement, “Seller” is defined as any person or entity that submits one or more Products for sale via the TeknoGet Marketplace.
3. You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate, or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (collectively “IP Rights”) of any entity or individual.
4. You will not interfere with or manipulate rankings of TeknoGet’s Marketplace (as defined below in Section 3(d)), tracking of Commissions, or the normal flow of traffic to, through, or from the TeknoGet Services.
5. If You Promote Products or Brands in a high-risk industry, You must be in compliance with TeknoGet’s Additional Terms and Conditions provided to You, which are incorporated into this Agreement by this reference, at all times.
6. You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum, or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.
7. You will not Promote any Products or services to children under the age of thirteen (13).
8. You will not defame any person.
9. You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement.
10. You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.
11. You will not in any way copy the “look and feel” of any third-party website, or otherwise imply that the Promotion is in fact a third-party website.
12. All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC’s Endorsement Guidelines.
13. TeknoGet reserves the right but is not obligated to review Your Promotions. You agree that TeknoGet, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support or other items related to the content of Your Promotions.
14. You will provide valid contact information, including but not limited to a working email address and phone number, where TeknoGet can send inquiries and receive a non-automated reply by end of the following business day.
15. TeknoGet does not independently review, verify, guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any information provided by sellers, nor is it responsible for any bonuses, prizes or other incentives offered by sellers via the TeknoGet Services. Your use of any information presented by a Seller is voluntary, and Your reliance is at Your sole risk. You acknowledge and understand that TeknoGet does not verify statements, claims, incentives, or Promotions made by sellers via the TeknoGet Services.
16. You will comply with all applicable laws, rules and regulations, and will not interfere with any other user’s business or use of the TeknoGet Services.  TeknoGet reserves the right to take any action against you for violating this provision, including account suspension and/or termination, in accordance with Section 4.c. hereof.

 

 

3. SELLING PRODUCTS.

If You register any Products for sale via the TeknoGet Services, You agree, acknowledge, represent, and warrant that:

1. All Products You register for sale via the TeknoGet Services must be approved by TeknoGet prior to You being able to sell the Products through the TeknoGet Services. In certain circumstances, TeknoGet may require You to modify your Products prior to being approved or prohibit your Products from being sold via the TeknoGet Services, in TeknoGet’s sole discretion. TeknoGet’s approval or modification of your Product is not an endorsement of your Product or of any modification, and TeknoGet is not liable for any modification.
2. All Products You register for sale via the TeknoGet Services, and the offering and sale thereof via the TeknoGet Services, comply with all of Your country’s laws, all laws of any country to which your product may be shipped, and all applicable U.S. federal and state laws and regulations.
3. Your Products do not involve downloading software on the computer of a person or entity purchasing a Product (the “Purchaser”) unless a purchase is completed or You provide the Purchaser a clear and conspicuous disclosure describing all of the software being downloaded, its functionality and You obtain express consent prior to any such downloads.
4. Without further conditions or limitations, You authorize TeknoGet to list any Product You register for sale via the TeknoGet Services in the online, searchable marketplace of Products made available via the TeknoGet Services (the TeknoGet Marketplace”); and make it available for sale to Purchasers and/or for the persons and/or entities that Promote the Products made available via the TeknoGet Marketplace (“Affiliates”) at the price designated by TeknoGet (“Retail Price”) after taking into consideration Your suggestions regarding such Retail Price, including any applicable sales tax.
5. You will provide valid email addresses to which Purchasers or TeknoGet can send inquiries and receive a reply by end of the following business day. Purchasers and TeknoGet must also be able to receive a non-automated response within one business day, when necessary.
6. You will notify TeknoGet of any regulatory or legal complaints, or threats of such complaints, that You receive in connection with or in relation to a Product within two business days of Your receipt of such complaint. You shall assist TeknoGet, at Your sole cost and expense, in taking any necessary or appropriate actions reasonably requested by TeknoGet to respond to and/or resolve such complaints.
7. TeknoGet will collect and remit state or local transfer taxes for any retail transaction (including but not limited to sales or use tax) where it believes it is legally required to do so. Where TeknoGet does not collect and remit state or local transfer taxes on a transaction, You may have the legal obligation to pay such taxes. Such obligation may arise as a result of Your existing or past physical contacts with a state (including but not limited to Your provision of a “drop ship” delivery of the physical Product to a buyer located in a state). You may wish to consult a tax professional to determine if You will have this type of obligation in any particular state. You agree that if such an obligation arises with respect to any particular state, You will be solely responsible for the timely payment of such tax and any interest or penalties.
8. If and to the extent You use third parties to provide Products or Services, You and such third parties must be in compliance with all terms of this Agreement, and You are responsible for all acts and omissions of such third party.
9. All sellers must include the required disclaimers and comply with the requirements set forth according to federal and state laws.
10. You will comply with all applicable laws, rules and regulations.
11. You will establish an appropriate return, replacement and/or cancellation policy for Your Products (“Seller Return Policy”). Your Seller Return Policy must fall within the range of “30-day refund” to allowing refunds or replacements up to sixty (60) days after the date of purchase (i.e., a 30-day refund policy or a 45-day refund policy would each be acceptable, if appropriate). If You believe that a Seller Return Policy longer than sixty (60) days after the date of purchase is appropriate for Your Products, TeknoGet will review such a request, and in its sole discretion, may allow an extended Seller Return Policy. You can only provide such an extended Seller Return Policy with TeknoGet’s written consent.
12. You will ensure that the Seller Return Policy is clearly and conspicuously posted for customers to review prior to purchasing Your Products.
13. TeknoGet reserves the right to alter or override Your Seller Return Policy if You abuse TeknoGet’s flexible Return and Cancellation Policy, if Your Seller Return Policy is not appropriate for the Product(s), if the returned or charged back sales (defined in the Accounting Policy) are excessive, or for any other reason TeknoGet deems appropriate, in its sole discretion.

 

 

4. AVAILABILITY OF SERVICES; SUSPENSION; TERMINATION.

You agree and acknowledge that:

1. Subject to the terms and conditions of this Agreement and TeknoGet’s policies and procedures, TeknoGet shall use commercially reasonable efforts to provide the TeknoGet Services in a manner that will not disrupt Your business. You acknowledge and agree that from time-to-time the TeknoGet Services may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that TeknoGet may undertake from time to time; or (iii) causes beyond the reasonable control of TeknoGet or that are reasonably unforeseeable by TeknoGet, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that TeknoGet is not liable for any periodic interruptions in availability of the TeknoGet Services and further acknowledge that TeknoGet does not guarantee access to the TeknoGet Services on a continuous and uninterrupted basis.
2. TeknoGet may decline, delist, or halt sales or Promotion of any Product from the TeknoGet Marketplace, suspend funds, adjust Commissions based on performance, close an account, and/or suspend or terminate the TeknoGet Services at any time, in its sole discretion, without cause or notice to You or any penalty or liability for doing so.
3. TeknoGet, in its sole discretion, may suspend or terminate Your account and Your rights to use the TeknoGet Services and TeknoGet may retain any or all funds (including future funds that may accrue) in Your TeknoGet account, if: (i) TeknoGet suspects or has reason to believe and/or if a person otherwise claims that You have violated the law or breached any term of this Agreement; (ii) Your account becomes dormant as defined in our Accounting Policy; (iii) or Your account experiences or is reasonably anticipated to experience a negative balance. Upon such termination, You agree to immediately cease all use of the TeknoGet Services and TeknoGet intellectual property licensed in Section 7.b. of this Agreement. Without limiting the foregoing, TeknoGet shall have the right to immediately terminate Your access and use of the TeknoGet Services, or any portion thereof, and to seize funds in your account, in the event of any conduct which TeknoGet, in its sole discretion, considers to be unacceptable.
4. Following suspension or termination of an account or retaining of funds pursuant to this Section, TeknoGet will review Your account in a manner determined by TeknoGet in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that TeknoGet may retain funds in Your TeknoGet account as liquidated damages and/or for the benefit of TeknoGet or third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (i) are not a penalty, and (ii) are reasonable and not disproportionate to such presumed damages to TeknoGet.
5. TeknoGet may withhold any portion of the funds in Your TeknoGet account if TeknoGet, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may have incurred with TeknoGet or any other Person.

 

TeknoVentures LLC “TeknoGet” SMS Terms of Service:

By opting into our SMS program for Appointment Reminder & Confirmation Texts, you can expect to receive reminders and confirmations for your upcoming appointments.

You can cancel the SMS service at any time. Simply text “STOP” to the sending number. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

 If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to support [at] teknoget.com.

 Carriers are not liable for delayed or undelivered messages.

 As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive appointment reminder and confirmation messages as needed. For questions about your text plan or data plan, contact your wireless provider.

 For privacy-related inquiries, please refer to our privacy policy at: https://teknoget.com/privacy.

 

5. EMAIL, TEXT MESSAGES AND TELEMARKETING.
6. If You send, or cause to be sent any emails in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the TeknoGet Services, then You agree, acknowledge, represent and warrant that all such Emails shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Children’s Online Privacy Protection Act (“COPPA”) (Information on these laws can be found at http://www.ftc.gov/spam/ and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html).
7. You shall not directly or indirectly exploit documented or undocumented security holes on any client or server machine or obtain email addresses via automated means or send any email to any address which was obtained via automated means or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
8. If You send, or cause to be sent, any text messages or use or procure telemarketing activities in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the TeknoGet Services, then You represent and warrant that all such text messages or calls will be in full-compliance with all applicable federal and state laws and regulations that apply to sending electronic messages and using telemarketing activities, including without limitation regulations issued by the FTC, the Federal Communications Commission (“FCC”), the CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”) and state laws regarding anti-spam, text messages and Do-Not-Call Registries (Information on these laws can be found at https://www.fcc.gov/sites/default/files/tcpa-rules.pdf, http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email, and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html).
9. You may not use customer information for any purpose not expressly permitted by law, regulation, the Promotional Guidelines, or this Agreement may result in termination of Your account, in addition to any other legal actions or remedies TeknoGet or individual data subjects may have.

 

 

6.  API REQUIREMENTS.

Your use of TeknoGet’s Application Programming Interface (“API”) is subject to the API Terms of Service.

 

 

7. TEKNOGET’S IP RIGHTS.
8. Except as set forth in Section 7.b. below, You may not use TeknoGet’s name, trademarks, service marks or any other IP Right of TeknoGet in any manner whatsoever to suggest association or affiliation with or endorsement by TeknoGet without the express prior written consent of TeknoGet, which TeknoGet may withhold at its sole discretion. Promotional use of images or reproductions of payment checks issued by TeknoGet without the express, written consent of TeknoGet is prohibited.
9. Subject to the following terms and conditions, during the term of this Agreement TeknoGet grants You a limited, revocable license to use TeknoGet’s name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text (iii) as a sub domain or second or third level domain name identifier; (iv) to identify Products or (v) in connection with Promotions.
10. TeknoGet may revoke the foregoing license and/or provide restrictions upon Your use of TeknoGet’s name, including requiring the use of such disclaimers as TeknoGet may provide, in connection with Your use of TeknoGet’s name, at any time and for any reason in TeknoGet’s sole discretion.
11. Failure to comply with any restrictions imposed by TeknoGet upon Your use of TeknoGet’s name or failure by You to immediately cease all use of TeknoGet’s name if so, instructed by TeknoGet shall constitute: (i) a breach of the limited license set forth in this Section 7.b.; and (ii) a breach of this Agreement. In such case, TeknoGet reserves the right to pursue any and all remedies available to it at law or in equity.
12. You may not use or display TeknoGet’s name in any manner to disparage TeknoGet or the TeknoGet Services.
13. Notwithstanding the limited revocable license set forth in Section 7.b. above, as between the parties, TeknoGet shall be and remain the sole owner of all right, title and interest in and to the TeknoGet Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed, or controlled by TeknoGet, and You hereby assign to TeknoGet all right, title and interest You may be deemed to have therein. All rights not specifically granted to You under this Agreement are expressly reserved by TeknoGet.

 

 

8. CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS.
9. In connection with this Agreement, TeknoGet may disclose to You and/or You may otherwise receive or have access to sensitive, confidential, and/or proprietary information of TeknoGet (collectively, “Confidential Information”), including, but not limited to (i) the identities of other sellers or Affiliates of TeknoGet (collectively, “TeknoGet Clients”); (ii) physical and data security information; (iii) technical data; (iv) TeknoGet Marketplace statistics and sales data; and/or (v) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of this Agreement, You shall not (a) disclose the Confidential Information to any Person, or (b) use the Confidential Information (whether for Your own benefit or the benefit of any other Person), without the express prior written consent of TeknoGet. You may not use any Confidential Information for the purpose of soliciting, or to permit others to solicit, TeknoGet Clients to subscribe to any other services or promote the sale of any products which compete, either directly or indirectly, with TeknoGet or the TeknoGet Services, including without limitation the functionality offered by the TeknoGet Marketplace. You agree and acknowledge that TeknoGet may be required to provide to governmental agencies or other third parties information in its possession regarding You or the business You conduct with TeknoGet.
10. TeknoGet does not invite and cannot accept any ideas or information You consider to be confidential and/or proprietary. Except with respect to Your personally identifiable information (as expressly provided for in the TeknoGet Privacy Policy), any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by You to TeknoGet, or otherwise in connection with the TeknoGet Services (collectively, the “Submissions”), shall be deemed to be non-confidential and non-proprietary and TeknoGet shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed by You and a duly authorized officer of TeknoGet. You hereby grant to TeknoGet and its licensees a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. TeknoGet shall have no obligation to compensate You for any such Submissions in any manner. You hereby represent and warrant that: (i) You own or otherwise have the right to grant the foregoing license to TeknoGet with respect to Your Submissions; and (ii) Your Submissions and any use thereof by TeknoGet will not infringe or violate the rights of any Person. You are and shall remain solely responsible for the content of any Submissions You make and acknowledge that TeknoGet is under no obligation to respond to or use any Submission You may provide.

 

 

9. EXPORT CONTROL.

You acknowledge and agree to comply with all applicable export Laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws. You hereby represent and warrant that any Product Promoted, offered and/or provided by You via the TeknoGet Services is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of Your Products change, You must immediately notify TeknoGet in writing. Information on U.S. export control regulations can be found on the Commerce Department’s website at http://www.bis.doc.gov, the State Department’s website at http://www.pmddtc.state.gov and the U.S. Treasury Department’s website at http://www.treas.gov/offices/enforcement/ofac/index.shtml.

 

 

10. REQUIRED PERMITS.

It is your sole responsibility to obtain and maintain all applicable licenses and permits required for the operation of Your business.

 

 

11. REPRESENTATIONS AND WARRANTIES.

You represent, acknowledge and warrant that:

1. You, Your Products Your Promotions, and/or Your Submissions, as applicable, do not and will not, directly, or indirectly: (i) violate the right of privacy or publicity of any Person; (ii) contain any libelous, obscene, indecent, or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any Person; (iv) violate any laws, FTC rules, regulations, guidelines, or industry standards; or (v) violate TeknoGet’s Privacy Policy.
2. You may not: (i) frame, copy or mirror any content forming part of the TeknoGet Services; (ii) reverse engineer the TeknoGet Services or otherwise attempt to derive its source materials; (iii) access the TeknoGet Services for the purpose of (a) building a competitive product or service, or (b) copy any features, functions or graphics of the TeknoGet Services; (iv) interfere with or disrupt the TeknoGet Services or any data contained therein; (v) attempt to gain unauthorized access to the TeknoGet Services, its related systems or networks; or (vi) use the TeknoGet Services for any unlawful purpose or in violation of the rights of any Person.

 

 

12. INDEMNIFICATION.

To the fullest extent permitted by Law, You agree that:

1. In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (“Claim”) in connection with Your use of the TeknoGet Services, Your Products, Your Promotions, You shall defend, indemnify and hold harmless TeknoGet, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the “TeknoGet Parties”), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys’ fees and costs) (“Losses”) incurred by any TeknoGet Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
2. Upon receiving notice of a Claim for which TeknoGet is entitled to indemnification by You, TeknoGet shall provide You with written notification and the opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by TeknoGet will require TeknoGet’s prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve You of Your indemnification obligations; and (iii) TeknoGet may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at TeknoGet’s own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to TeknoGet’s use of such counsel.
3. In the event that TeknoGet incurs costs, attorneys’ fees or other expenses responding to any complaint other than a Claim, in connection with or in relation to Your Products or Promotions, including copyright infringement complaints under the DMCA, TeknoGet reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any monies owed to You by TeknoGet. In the event that TeknoGet incurs any Losses relating to Your violation of TeknoGet’s Email/Text Message/Telemarketing policy, as set forth in Section 5 above, TeknoGet reserves the right, in its sole discretion, first to recover such Losses by deducting a reasonable, commensurate amount from any monies owed to You by TeknoGet. You understand and agree that the remedies set by TeknoGet are not exhaustive and that TeknoGet retains all rights to indemnification described herein. You authorize TeknoGet to make, and release TeknoGet from any liability in connection with, any such deductions.

 

 

 

13. LIMITATIONS OF LIABILITY.

IN NO EVENT SHALL ANY TEKNOGET PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY (A) USE OF OR INABILITY TO USE THE TEKNOGET SERVICES, (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE TEKNOGET SERVICES, (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TEKNOGET SERVICES, AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE TEKNOGET SERVICES, WHETHER OR NOT TEKNOGET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF TEKNOGET FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS DUE AND PAYABLE BY TEKNOGET TO YOU UNDER THIS AGREEMENT FOR THE MONTH IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE TEKNOGET SERVICES, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE TEKNOGET SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF TEKNOGET SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

 

 

14. DATA PROCESSING.
15. You agree to comply with all data protection laws and regulations, including the E.U.’s data protection regulation, the General Data Protection Regulation (“GDPR”). You agree not to market to persons subject to GDPR who have not consented to receive marketing communications.
16. Persons subject to GDPR are entitled to demand that you take certain actions with respect to their data, including, without limitation, that you delete it, correct it, or restrict processing of it.  If you receive a data request from a person subject to GDPR, or if TeknoGet receives any such request with respect to data you are processing, you agree to honor the request within 14 days. You agree to implement appropriate systems and processes to comply with this requirement.
17. If you receive any personal data from TeknoGet or process personal data on TeknoGet’s behalf, you will: (i) implement appropriate technical and organizational measures to ensure to ensure the security of the data; (ii) only process personal data for purposes approved by TeknoGet; (iii) cease processing such data upon request from TeknoGet; (iv) transfer such data only for purposes authorized by law, with prior notification to TeknoGet, and only pursuant to an appropriate sub processing agreement; (v) indemnify TeknoGet for any claim, expense, demand or cost related to your receipt or use of such data; and (vi) upon request, provide TeknoGet with information sufficient to demonstrate your compliance with this section, and allow TeknoGet to audit your data practices if necessary in TeknoGet’s sole discretion.

 

 

15. NO GUARANTEE OF VALIDITY.

TeknoGet does not endorse, approve, or certify any information provided on or through the TeknoGet Services, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through the TeknoGet Services may or may not be current as of the date of Your access, and TeknoGet has no duty to update and maintain such information. Additionally, the information provided on or through the TeknoGet Services may be changed periodically without prior notice. All content provided on or through the TeknoGet Services is provided “AS IS.” Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.

 

 

16. NO PROFESSIONAL ADVICE.

TeknoGet provides professional information (for example, financial or compliance) for informational purposes only, which should not be construed as legal or accounting advice. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information, fact or opinion provided on or through the TeknoGet Services. You understand that TeknoGet employees, representatives, and/or agents do not provide advice pursuant to the authority of professional certifications or licenses and You will not treat information provided by our employees, representatives, and/or agents as such. You further understand that by receiving information, facts, or opinions on or through the TeknoGet Services, You are not entering into a relationship with TeknoGet or its employees, representatives and/or agents that entitles You to client privileges that may be associated with any professional certifications or licenses.

 

 

17. DISCLAIMER.

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE TEKNOGET SERVICES. THE TEKNOGET SERVICES AND ALL RELATED SERVICES ARE OFFERED “AS IS” AND TEKNOGET DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER TEKNOGET NOR ITS RELATED PARTIES AND AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, FACT OR OPINION PROVIDED ON OR THROUGH THE TEKNOGET SERVICES.

 

 

18. GENERAL TERMS AND CONDITIONS.
19. Governing Law; Dispute Resolution, Attorney Fees. You agree that Delaware law will govern this Agreement and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Delaware. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree to indemnify TeknoGet for all of its reasonable attorney fees and costs incurred as a result of any action, suit, proceeding, or claim brought by You or TeknoGet in which TeknoGet is found to be the prevailing party. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT. You and TeknoGet agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class action or representative action.
20. English is Governing Language.This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by TeknoGet are for informational purposes only and it is Your obligation to obtain independent legal advice at Your own expense to ensure You understand the terms of this Agreement.
21. Assignment. TeknoGet may freely assign or transfer any or all of the rights and obligations described in this Agreement. You may not assign this Agreement or any of Your rights and duties hereunder without the prior written consent of TeknoGet. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
22. Severability. If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
23. Publicity. You may not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using TeknoGet’s name or referencing the TeknoGet Services; or (iii) suggesting or implying any endorsement by TeknoGet of You and/or any Products without the prior written approval of TeknoGet, which TeknoGet may withhold in its sole discretion. You hereby authorize TeknoGet to include your name, business name, and general information about your use of the TeknoGet services in TeknoGet’s marketing and promotional materials.
24. Entire Agreement; Amendment.This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to this subject matter. TeknoGet reserves the right to amend this Agreement at any time. When TeknoGet amends this Agreement, TeknoGet shall make reasonable efforts to provide You with general, not specific, notice of such changes by posting a conspicuous announcement at https://www.TeknoGet.com that such changes or amendments have occurred and identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the TeknoGet Services, following the posting of such amendment will signify and be deemed Your assent to and acceptance of the revised Agreement. You agree that You have the burden to review periodically https://www.TeknoGet.com to inform Yourself of any such changes.
25. Waiver. The waiver or failure by TeknoGet to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of TeknoGet set forth in this Agreement are cumulative and are in addition to any rights or remedies TeknoGet may otherwise have at law or equity.
26. Equitable Actions.You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to TeknoGet which would not be adequately compensated by monetary damages and that TeknoGet may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts of the State of Delaware or any other court of competent jurisdiction anywhere in the world (at TeknoGet’s sole discretion), and, You hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
27. Force Majeure.You nor TeknoGet shall be responsible for delays or failures in performance resulting from acts of nature, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters, or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
28. Notices. Any notice, request, approval, authorization, consent, demand or other communication required or permitted pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from TeknoGet if sent via email, as date stamped by TeknoGet’s systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified United States mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.
29. Headings/Interpretation.The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
30. Survival. Sections 5, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, and 18 shall survive termination of this Agreement.

 

 

Fourth. Other Added Terms and Guidelines:

 

1. TeknoGet Prohibited Seller and Affiliate Activities Guidelines

 

Overview

TeknoGet believes that sellers, affiliates, and customers will receive the maximum benefit of its services when there is free and open competition without interference from others. Therefore, when using the TeknoGet Services as a seller or affiliate, you are prohibited from doing the following activities in order to keep the platform a safe and fair selling and promotional environment.

 

Failure to comply with the terms of these guidelines may result in the cancellation of your listings, suspension or termination of your use of the TeknoGet Services, in addition to TeknoGet seeking any other appropriate remedies from you. TeknoGet reserves the right to determine, in its sole discretion, how to and when to interpret, apply and enforce these Guidelines.

These Guidelines are incorporated into the TeknoGet Terms of Service, and in the event there is a direct conflict between a provision in these Guidelines and the Terms of Service, the provision in the Terms of Service shall prevail. 

 

Guidelines

The following standards apply to both sellers and affiliates:

 

1. Cyber Attacks. You are prohibited from initiating, participating in, or inciting any:
2. DDos attacks;
   b. attempt to circumvent the TeknoGet’s sales process or to divert TeknoGet customers to another website;
   c. hacking or accessing a site or page in an unauthorized manner for any reason;
   d. any other activities that compromise or hijack traffic to a site or page, including, but not limited to, any advertising or promotional messages that encourage or cause customers to leave the TeknoGet site or the site of another TeknoGet Seller or Affiliate.

 

2. False or Misleading Representations.You are prohibited from making any false or misleading representations in connection with selling or promoting goods or services.  In addition to TeknoGet’s Promotional Guidelines, you are prohibited from taking any false or misleading actions that are directed at another TeknoGet Seller or Affiliate, including, but not limited to the following:
3. false statements in connection with a DMCA takedown request;
   b. fake or baseless demands or cease and desist letters;
   c. false or misleading statements that lead to issuance of invalid or harassing subpoenas;
   d. fake purchases with the intent to refund/chargeback;
   e. fake reviews of products or services, or any other attempts to manipulate ratings, feedback or reviews.

 

3. IP Infringement. You are prohibited from infringing on or misappropriating the intellectual property rights of others.  In addition to all applicable laws, the following actions are prohibited:
4. using third party trademarks without permission;
   b. using third party copyrighted content or materials without permission;
   c. unauthorized use of Banners/Images;
   d. bidding on the trademarked terms of third parties, including but not limited to search terms.

 

4. Interference with the Normal Flow of Business. You are prohibited from interfering with the normal flow of business by TeknoGet or any of its sellers or affiliates. Unauthorized and prohibited behavior includes, but is not limited to:
5. cookie stuffing;
   b. keyword Stuffing, spamming or other attempts to interrupt or manipulate search and browse functionality;
   c. unauthorized use of iFrames;
   d. bypassing seller pitch pages.

 

TeknoGet reserves the right to modify, amend or change these Guidelines at any time and without notice to you.

 

1. Security Policy

Overview

TeknoGet.com (TeknoGet) is committed to maintaining high security standards to protect the data of all parties who interact with our information systems. No data transmission across the Internet or information storage technology can be guaranteed to be 100% secure. TeknoGet takes several measures to minimize any risk and to protect your data and your business.

 

Encryption

TeknoGet employs encryption technologies using Secure Sockets Layer (SSL) from trusted sellers to encrypt sensitive data between and among you and our systems. TeknoGet also uses strong proprietary encryption methodologies to store and maintain particularly sensitive personal or financial information.

 

Authentication

TeknoGet recognizes how important our security best practices are to your business. Unlike many other websites, TeknoGet chooses your password and assigns it to you. Thanks to our encryption methodologies, your TeknoGet password cannot be viewed or discovered, even by our own staff. Other web sites may permit you to choose a password but may require special characters, formats, or numbers. TeknoGet’s password policy ensures that your password is strong and unique. Unlike other website passwords you may use, your TeknoGet password cannot be discovered from your personal data or activity on other web sites. While this authentication practice may at times seem cumbersome, it is in place to protect you, your data, and your business.

 

Infrastructure Technology

TeknoGet chooses technologies, sellers, and partners that exhibit good security practices. Defense strategies are employed with inclusion-based rules and only permit known and acceptable activities from expected or trusted entities. TeknoGet maintains reasonable physical, electronic, and procedural safeguards that comply with pertinent statutes to protect your sensitive information.

 

Aggressive Fraud Analysis

TeknoGet automatically collects and interrogates the activities of all IP addresses that interact with TeknoGet systems. Suspicious or fraudulent behavior is dealt with immediately and directly using proprietary systems and procedures. In addition, sellers must submit their account and product for approval to our security department before it can be published to the Marketplace and sold. These practices help us to maintain higher satisfaction rates and lower costs.

 

Comments and Questions

If you have any questions, comments or concerns about our Security Procedures, you may submit your inquiry to support [at] TeknoGet.com.

 

 

1. Partner Program Guidelines

Overview

These Guidelines contain the terms and conditions that apply to your participation in the Partner Program (“Partner Program”) via the TeknoGet Services.

 

Description of the Partner Program

TeknoGet Partner is designed to simplify a range of business problems encountered while managing partner relationships. Sellers may elect to split transaction revenues with up to five other parties. Sellers may also elect to share a portion of the transaction to a third party who initiated an upsell. Affiliates may elect to split commissions from one or more sellers to any third party. TeknoGet Partner manages the transaction, revenue settlement, refund and chargeback processing between parties for each applicable transaction.

 

Partner Program Terms and Conditions

1. You acknowledge and agree that participation in the Partner Program is voluntary and is at your own risk. Accordingly, you are responsible for investigating any third parties with whom you choose to enter a relationship via the Partner Program. If you choose to enter into a contractual relationship with a Partner, the parties to such contract will be you and the Partner only, and TeknoGet will not be a party to any such contracts and disclaims any and all liability in this regard.
2. You acknowledge and agree that any claims brought by a third party based upon your participation in the Partner Program will be subject to the indemnification provisions described in the TeknoGet Terms of Service.
3. You acknowledge that transactions where an affiliate receives a fixed dollar commission, also referred to as cost per action [CPA] are not eligible to be split for Traditional Partner Contracts or Affiliate Referral Contracts within the Partner Program.
4. By participating in the Partner Program, you authorize TeknoGet, on your behalf and as your agent, to make any payments you owe to Partners via the TeknoGet Services, as contemplated in your agreements with such Partners, as appropriate. YOU ACKNOWLEDGE AND AGREE THAT WHEN TEKNOGET MAKES PAYMENTS TO PARTNERS ON YOUR BEHALF, TEKNOGET IS ACTING AS YOUR AGENT AND NOT ON ITS OWN, AND NOT AS THE AGENT OF, OR ON BEHALF OF, ANY THIRD PARTY.

 

 

1. Digital Millennium Copyright Act (“DMCA”) and Trademark Policy

DMCA Overview

It is TeknoGet’s policy to comply in full with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA“). Accordingly, if any Product, or Promotion (collectively the “Client Material“) violates a valid copyright, TeknoGet may remove or disable access to such Client Material upon receipt of a valid, complete DMCA complaint (a written notification called a “Takedown Notice“).

Please note that TeknoGet does not host third-party content involving Client Material and thus, upon receipt of a valid DMCA notice, will only be able to disable payment links controlled by TeknoGet and not the Client Material itself.

 

Submitting a Takedown Notice:

Per the DMCA, if You believe that a valid copyright in which You have ownership rights is being infringed, TeknoGet is authorized to remove or disable access to Client Material only if You provide a Takedown Notice to TeknoGet’s designated Copyright Agent which includes all of the following:

1. The words “DMCA COMPLAINT – TAKEDOWN NOTICE” at the top of Your communication;
2. A reasonably detailed description of the copyrighted work(s) or other intellectual property You claim has/have been infringed;
3. Identification of the specific Client Material that You believe infringes upon Your rights and sufficient information to enable TeknoGet to locate the specific Client Material. The DMCA only authorizes TeknoGet to remove or disable access to specific infringing Client Materials within its control.
4. The following statements or equivalent:
   1. “I swear, under penalty of perjury, that

(i) the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(ii) I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

5. Your company name (if any), Your legal name (printed), Your mailing address, and Your phone number, and, if available, an electronic email address; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.

To file a DMCA complaint with TeknoGet, You must send a signed request to:

Legal [at] TeknoGet.com

Note: The submission of a false or materially misleading Takedown Notice may constitute perjury and other offenses and may subject You to potential liabilities. Prior to filing a Takedown Notice You may wish to first consult with an attorney.

 

Upon TeknoGet’s receipt of a valid, complete Takedown Notice, TeknoGet shall (i) remove or disable access to the specific allegedly infringing Client Material identified in the Takedown Notice, and (ii) take reasonable steps to contact the seller or affiliate providing such Client Material.

EXCEPTION FOR DISPUTES BETWEEN TEKNOGET CLIENTS:  TeknoGet cannot become involved in trademark disputes between two or more of its clients.  Therefore, if you are a TeknoGet Client and believe another TeknoGet Client is infringing on your trademark, TeknoGet will not remove or disable access to the Client Materials in response to a Takedown Notice.  In such instances, you should pursue your legal rights and remedies directly against the offending party or the companies hosting the Client Material in dispute.  Consistent with its other policies, TeknoGet reserves the right to share contact information for clients involved in a Takedown Notice to facilitate a resolution between to TeknoGet Clients.

Submitting a Counter-Notice:

If TeknoGet removes or disables access to Your Client Material as a result of a Takedown Notice, You may instruct TeknoGet to restore Your Client Material by providing a counter-notification (“Counter-Notice“) to the TeknoGet Agent containing all of the following:

1. Identification of the Client Material and the location at which Client Material appeared or was available before removal;
2. A statement that You have a good faith belief that the Client Material was removed or disabled as a result of mistake or a misidentification of the Client Material;
3. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of the federal court in Delaware, and a statement that You will accept service of process from the third party who provided the Takedown Notice.
4. Your physical or electronic signature;

Upon receipt of Your Counter-Notice, TeknoGet shall send a copy of Your Counter-Notice to the original complaining party and inform such party that TeknoGet shall replace or restore access to Your Client Material within no less than 10 but no more than 14 days unless TeknoGet receives official notice from the complaining party that it has filed an action seeking a court order to restrain You from restoring the Client Material.

Repeat Offender Policy:

If You are the subject of two or more valid and complete Takedown Notices that You do not satisfactorily rebut with valid Counter-Notices, in addition to any other available rights and remedies, TeknoGet reserves the right to terminate Your account(s), without penalty or liability to TeknoGet. In addition, TeknoGet may exercise all other rights and remedies available to it.

 

General

Nothing contained herein shall restrict TeknoGet’s ability or right to remove or disable access to any Client Material which TeknoGet independently discovers and which, in TeknoGet’s sole discretion, violates or infringes any right of any third party, including, without limitation, any IP Right.

Details of the DMCA are available at US Copyright Office Web Site: www.copyright.gov. 

Trademark Policy

You agree that, in the event TeknoGet receives a written demand, such as a “Cease and Desist” letter (“Demand“) alleging that any Product (“Client Material“) infringes upon, dilutes, tarnishes or otherwise violates its trademark rights, TeknoGet may in its sole discretion, remove or disable access to such Client Material until TeknoGet receives either:

1. Written confirmation from the party sending such Demand that the Demand is withdrawn or has been resolved, or
2. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by TeknoGet in its sole discretion and which TeknoGet may reject for any reason without penalty or liability to You. In order for TeknoGet to accept such rebuttal, You expressly acknowledge and agree that such rebuttal shall include:
   1. The information set forth above for a valid Counter-Notice, except such information shall relate to the trademark at issue and not disputed copyrighted material; and
   2. An express, irrevocable and binding obligation pursuant to which You shall indemnify, defend and hold harmless TeknoGet from any damages, costs, or expenses that TeknoGet may incur, in any manner whatsoever, arising out of or in connection with the disputed Client Materials and/or TeknoGet’s restoration thereof.

As a condition of registration with TeknoGet, You acknowledge and agree that:

1. TeknoGet is not under any obligation to restore access to any Client Material even if You provide a rebuttal and that the determination of sufficiency of any` evidence provided in a rebuttal shall be at TeknoGet’s sole discretion;
2. You expressly waive and disclaim any claim or potential claim against TeknoGet related to or arising out of TeknoGet’s removal of or disabling of access to any Client Material in response to a Demand, including without limitation any claim for lost revenue, lost profits and/or expenses. and,
3. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon TeknoGet any of the obligations imposed under the DMCA with regard to response times or the like.

EXCEPTION FOR DISPUTES BETWEEN TEKNOGET CLIENTS:  TeknoGet cannot become involved in trademark disputes between two or more of its clients.  Therefore, if you are a TeknoGet Client and believe another TeknoGet Client is infringing on your copyrights, TeknoGet will not remove or disable access to the Client Materials in response to a Takedown Notice.  In such instances, you should pursue your legal rights and remedies directly against the offending party or the companies hosting the Client Material in dispute.  Consistent with its other policies, TeknoGet reserves the right to share contact information for clients involved in a Takedown Notice to facilitate a resolution between to TeknoGet Clients.

Note to TeknoGet Clients and Partners

This DMCA and Trademark Policy is part of, and incorporated within, the TeknoGet Terms of Service. As a condition of registering with TeknoGet and using the TeknoGet Services, You expressly acknowledge that You have read and understood this DMCA and Trademark Policy and You agreed to be bound by the terms and conditions contained within. If at any time You disagree with this DMCA and Trademark Policy or any part of it, Your sole remedy is to cease all use of the TeknoGet Services and terminate Your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this DMCA and Trademark Policy.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. TeknoGet shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

TeknoVentures LLC, 30 N Gould St Ste R, Sheridan, WY 82801, USA.

Updated  on April 2nd, 2024.

 

Contact us:

You may contact us at: support [at] TeknoGet.com