Tech Abilities, LLC. ("Techabilities” “we” “us” or “our") operates techabilities.net ("Website") . These terms are applicable only to this Website. Terms and conditions with our clients are governed by separate written agreements that govern that relationship.
By Accessing and Using Our Website, you Agree to these Terms of Use. We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth above.
Permitted Use of the Website. You may use the Website, the information, writings, images and/or other works that you see, hear, or otherwise experience on the Website (singly or collectively, the "Content") solely for your non-commercial, personal purposes, and/or to learn about Techabilities products and services, and solely in compliance with these Terms of Use.
Prohibited Use of The Website. By accessing the Website, you agree that you will not: (a) Use the Website in violation of these Terms of Use; (b) Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Website, or otherwise attempt to discover any source code, or allow any third-party under your management or control to do so; (c) Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that is intended to disrupt our servers; (d) use the Website in any manner that damages, disables, overburdens, or impairs or interferes with any other party's use and enjoyment of the Website;(e) mirror or frame the Website or any part of it for use on any other Website; (f) attempt to gain unauthorized access to the Website; or reverse engineer the technology underlying the Website including the source codes;
Copyrights and Trademarks. The Website is based upon our proprietary technology and copyright or trademark content. The Website is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Website, including all intellectual property rights is the property of Techabilities or its licensors (if any). The Website and content held thereon may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Website, in whole or in part, by any means. Techabilities logos and other marks used by us from time to time are trademarks and the property of Tech Abilities, LLC. The appearance, layout, color scheme, and design of Website are protected trade dress and may not be duplicated, in an effort to confuse users. No use right or license is granted to any user of the Website. In the event you provide content or recommendations to Techabilities for improvements to the Website, they may use and incorporate the same on the Website or Techabilities services without payment or condition and claim full ownership thereof, including any intellectual property.
Links to Third-Party Websites. In the event the Website provides links to third-party Websites or information, such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third-party, the third-party Website, or the information there. We are not responsible for the availability of any such Websites. We are not responsible or liable for any such Websites or the content thereon.
Disclaimers; Limitations of Liability. TECHABILITIES AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE WEBSITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TECHABILITIES AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TECHABILITIES IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECHABILITIES AND ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF TECHABILILITIES OR ANY OF TECHABILITIES' SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, TECHABILITIES IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD-PARTY FOR ANY LOSS, HARM, OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF TECHABILITIES AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE ($100) HUNDRED DOLLARS.
Indemnification. You agree to indemnify Techabilities for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Techabilities, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property, or other right of any person or entity. Techabilities will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Dispute Resolution – Binding Arbitration -Waiver of Class Action Rights.
Binding Arbitration. You agree that any and all disputes or claims that have arisen or may arise between you and Tech Abilities, LLC. relating in any way to or arising out of this or previous versions of these Terms of Use, your use of or access to our services or Content sold, offered, or purchased through this Website shall be resolved exclusively through final and binding arbitration, with JAMS, rather than in court.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Arbitration Procedures. The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by these Terms of Use to Arbitrate. The arbitration shall be held in a mutually agreed location in California. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of these Terms of Use to Arbitrate is invalid or unenforceable, the other parts of these Terms of Use to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Section of these Terms of Use is invalid or unenforceable, then the entirety of these Terms of Use to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in California.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to these Terms of Use to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by these Terms of Use to arbitrate that have arisen or may arise between you and us. We will notify you of changes to these Terms of use and agreement to arbitrate by posting the amended terms on our Services at least thirty (30) days before the effective date of the changes and/or by email.
Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Entire Agreement. This Agreement constitutes the entire agreement between you and Techabilities and governs your use of the Website, superseding any prior agreements. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect.
Electronic Communications. When you visit the Website or send email to us, you are communicating with us electronically. You consent to receive communications from Techabilities electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
Governing Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in California, for all disputes arising out of or related to the use of the Site.
ELECTRONIC COMMUNICATIONS.
When you visit our Website, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By Accessing and Using Our Website, you Agree to these Terms of Use. We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth above.
Permitted Use of the Website. You may use the Website, the information, writings, images and/or other works that you see, hear, or otherwise experience on the Website (singly or collectively, the "Content") solely for your non-commercial, personal purposes, and/or to learn about Techabilities products and services, and solely in compliance with these Terms of Use.
Prohibited Use of The Website. By accessing the Website, you agree that you will not: (a) Use the Website in violation of these Terms of Use; (b) Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Website, or otherwise attempt to discover any source code, or allow any third-party under your management or control to do so; (c) Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that is intended to disrupt our servers; (d) use the Website in any manner that damages, disables, overburdens, or impairs or interferes with any other party's use and enjoyment of the Website;(e) mirror or frame the Website or any part of it for use on any other Website; (f) attempt to gain unauthorized access to the Website; or reverse engineer the technology underlying the Website including the source codes;
Copyrights and Trademarks. The Website is based upon our proprietary technology and copyright or trademark content. The Website is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Website, including all intellectual property rights is the property of Techabilities or its licensors (if any). The Website and content held thereon may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Website, in whole or in part, by any means. Techabilities logos and other marks used by us from time to time are trademarks and the property of Tech Abilities, LLC. The appearance, layout, color scheme, and design of Website are protected trade dress and may not be duplicated, in an effort to confuse users. No use right or license is granted to any user of the Website. In the event you provide content or recommendations to Techabilities for improvements to the Website, they may use and incorporate the same on the Website or Techabilities services without payment or condition and claim full ownership thereof, including any intellectual property.
Links to Third-Party Websites. In the event the Website provides links to third-party Websites or information, such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third-party, the third-party Website, or the information there. We are not responsible for the availability of any such Websites. We are not responsible or liable for any such Websites or the content thereon.
Disclaimers; Limitations of Liability. TECHABILITIES AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE WEBSITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TECHABILITIES AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TECHABILITIES IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECHABILITIES AND ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF TECHABILILITIES OR ANY OF TECHABILITIES' SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, TECHABILITIES IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD-PARTY FOR ANY LOSS, HARM, OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF TECHABILITIES AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE ($100) HUNDRED DOLLARS.
Indemnification. You agree to indemnify Techabilities for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Techabilities, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property, or other right of any person or entity. Techabilities will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Dispute Resolution – Binding Arbitration -Waiver of Class Action Rights.
Binding Arbitration. You agree that any and all disputes or claims that have arisen or may arise between you and Tech Abilities, LLC. relating in any way to or arising out of this or previous versions of these Terms of Use, your use of or access to our services or Content sold, offered, or purchased through this Website shall be resolved exclusively through final and binding arbitration, with JAMS, rather than in court.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Arbitration Procedures. The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by these Terms of Use to Arbitrate. The arbitration shall be held in a mutually agreed location in California. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of these Terms of Use to Arbitrate is invalid or unenforceable, the other parts of these Terms of Use to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Section of these Terms of Use is invalid or unenforceable, then the entirety of these Terms of Use to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in California.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to these Terms of Use to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by these Terms of Use to arbitrate that have arisen or may arise between you and us. We will notify you of changes to these Terms of use and agreement to arbitrate by posting the amended terms on our Services at least thirty (30) days before the effective date of the changes and/or by email.
Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Entire Agreement. This Agreement constitutes the entire agreement between you and Techabilities and governs your use of the Website, superseding any prior agreements. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect.
Electronic Communications. When you visit the Website or send email to us, you are communicating with us electronically. You consent to receive communications from Techabilities electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
Governing Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in California, for all disputes arising out of or related to the use of the Site.
ELECTRONIC COMMUNICATIONS.
When you visit our Website, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.