SERVICE AGREEMENT
TechAgreements is an online information service provided by Socratek L.L.C., a New Jersey Corporation, subject to your compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING TECHAGREEMENTS. BY ACCESSING OR USING TECHAGREEMENTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE TECHAGREEMENTS. TECHAGREEMENTS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF TECH-AGREMENTS SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Use of TechAgreements
TechAgreements provides access to agreements and information in the public domain that TechAgreements has compiled, indexed and formatted for easy access and use. You may not use any of the proprietary information obtained from TechAgreements for purposes of incorporation into a commercial product or service. You also may not download agreements or other information from TechAgreements by using any type of automated means. You agree not to change or delete any proprietary notices from directory listings downloaded from TechAgreements.
TechAgreements cannot and does not guarantee or warrant that files available for downloading through TechAgreements will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to TechAgreements for the reconstruction of any lost data.
TECHAGREEMENTS DOES NOT PROVIDE LEGAL ADVICE AND NEITHER TECHAGREEMENTS, NOR ANY OTHER PARTY, ENDORSES OR OTHERWISE WARANTS THE CONTENTS OR DISTRIBUTION OF ANY AGREEMENT OFFERED BY TECHAGREEMENTS.
FURTHER, TECHAGREEMENTS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO TECHAGREEMENTS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH TECHAGREEMENTS, OR ANY SITES LISTED ON TECHAGREEMENTS, AND TECHAGREEMENTS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH MATERIAL OR TRANSACTION. TECHAGREEMENTS DOES NOT WARRANT THAT TECHAGREEMENTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN TECHAGREEMENTS WILL BE CORRECTED. TECHAGREEMENTS IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL TECHAGREEMENTS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE TECHAGREEMENTS, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON TECHAGREEMENTS OR DOWNLOADED FROM TECHAGREEMENTS, EVEN IF TECHAGREEMENTS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN TECHAGREEMENTS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH TECHAGREEMENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TECHAGREEMENTS'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Copyright,Issues
The compilation, selection, order and arrangement of the contents (but not the Agreements themselves) are copyrighted by Socratek LLC under applicable copyright laws.
You may print and download agreements from the service solely for your own use. Automated access or bulk downloads are prohibited.
Indemnification
You agree to indemnify, defend and hold harmless TechAgreements, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to TechAgreements from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
Dispute Resolution
Any cause of action or claim you may have with respect to TechAgreements must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND TECHAGREEMENTS ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN NEW YORK, NEW YORK, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. The foregoing notwithstanding, this agreement shall not prevent the parties from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
Trademark Notices
TechAgreements(SM), TechAgreements(SM) and other names of TechAgreements services and products referenced herein are trademarks or service marks of TechAgreements.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in New York. This site is controlled and operated by TechAgreements from its offices within the United States of America. TechAgreements makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. TechAgreements's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. TechAgreements may assign its rights and duties under this Agreement to any party at any time without notice to you.
PRIVACY POLICY
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TechAgreements does use information you provide to us for billing purposes, to anticipate and resolve problems with your service, to create and inform you of services that we think may be of interest to you, to investigate and help prevent potentially unlawful activity, and to respond to your concerns regarding your dealings with TechAgreements. TechAgreements may send promotional information to you from time to time that might be of interest to you. Please send us an email if you do not want to receive such information.
If at any time you believe that an TechAgreements site has not adhered to these principles, please notify us by email and we will use all commercially reasonable efforts to promptly determine and correct the problem.
REFUND POLICY
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