Acceptance of Terms
The TechMoola Service is available only to individuals who are at least 18 years old. As a user, Users represent and warrant that if Users are an individual, Users are of legal age to form a binding contract, and that all registration information Users submit is true and accurate. At the sole discretion of the Company, it may refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is rescinded in such jurisdictions.
Rules and Conduct
For example, and not as a limitation, Users shall not (nor shall permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:
– infringes the rights of any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
– Users know is untruthful, false, misleading or inaccurate;
– is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
– contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or computer communications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
– pretend to beany person or entity, including any employee or representative of Company.
Additionally, Users shall not: (i) take any action that imposes or may impose (as determined by Company at its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run List Mailers, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
Users shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or foundational ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that Users receive hereunder. Users shall abide by all applicable local, state, national and international laws and regulations.
Project Fundraising and Commerce
TechMoola.com (“TechMoola”) is a venue for fund-raising and commerce. TechMoola allows certain users (“Inventors”) to list projects and raise funds from other users (“TechMoovers”). TechMoola also allows Inventors to list projects for direct sale to TechMoovers through online posting on the TechMoola TechStore (see TechStore section below). TechMoola shall not be liable for User interactions with any organizations and/or individuals found on or through the TechMoola service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on TechMoola. TechMoola does not oversee the performance or punctuality of projects or delivery and receipt of goods purchased through the TechStore. TechMoola is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between User and Inventors that can represent organizations and/or individuals. TechMoola is under no obligation to become involved in disputes between TechMoovers and Inventors, or between site members and any third party. In the event of a dispute, User releases TechMoola, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
Though TechMoola cannot be held liable for the actions of anInventor, Inventors are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create and/or those listings created for posting on the TechMoola TechStore. TechMoola reserves the right to cancel a project listing and refund all associated members’ entire Moola contributions at any time for any reason. TechMoola reserves the right to remove a project listing from public listings on its Site for any reason. TechMoola additionally reserves the right to cancel, interrupt or suspend a listing on any part of its site at any time for any reason.
TechMoola makes no guarantees regarding the performance or fairness of payments collected through PayPal or Stripe.
Inventors may initiate refunds at their own discretion. TechMoola is not responsible for issuing refunds for funds that have been dispersed to Inventors after project/campaign completion or the expiration of a TechStore sales listing.
TechMoola provides Inventors the opportunity to fundraise for approved Projects by soliciting financial contributions to support the Project from Members (“TechMoovers”). The rules governing fundraising for an Inventor Project (the “Fundraising Rules”) are as follows:
- The first step in launching a campaign to raise funds is to use the Service to sign up for a TechMoola account and create a project profile page and post a “Project Request.” To post a Project Request, an Inventor sets a goal for the total gifted Contributions they wish to raise during the proposed campaign (“Campaign Goal””) as well as a minimum Campaign Goal they need to reach in order to be able to fulfill offered rewards (see item 6 in this section) and the date by which the Inventor would like to raise the funds (“Campaign Deadline””) on the Project Profile page. . If an All or Nothing Project does not reach its minimum Campaign Goal, the Inventor does not receive any amount of the Contributions and therefore is not required to fulfill offered rewards to members who pledged contributions. If the project reaches its campaign goal, the Inventor can post a new project to launch a campaign to fund another phase of the project. The number of projects that an Inventor can create and request for posting is limited to 10.Campaigns can be terminated at any time by the Project Entity (see below) before the Campaign Deadline if the Campaign Goal is reached. For Keep It All campaigns, the Inventor receives the Contributions regardless of whether the Campaign Goal was reached.
- The User will be required to designate one legal entity to which funds will be directed (the “Project Entity”). By providing the name of the Project Entity to TechMoola, User represents and warrants that they are an authorized representative of the Project Entity with the authority to bind the Project Entity to the terms of this Agreement, that the Project Entity is the legal entity responsible for the Project and accountable for the use of any funds raised for it on TechMoola, and that they accept this Agreement on the Project Entity’s behalf.
- To receive Contributions, the Project Entity must establish an account (a “Funding Account”) with TechMoola at the time of posting an approved Project.
- All Contributions made to a Project will be directed to the Project Entity’s Funding Account, less a 10% marketplace processing fee retained by TechMoola. All Contributions paid to a Project Entity will constitute “Project Funding,” and the TechMoola fee and all other Project Funding requirements will apply. TechMoola is not responsible for any error or omission in the Funding Account information provided. TechMoola will disperse Project Funding less processing fees from the Funding Account to the Project Entity’s bank account according to the Project’s disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will be initiated within 30 days after a campaign has ended. It takes 5-7 business days for the disbursed funds to arrive in to the Project Entity’s account.
- When an Inventor’s project reaches the Campaign Deadline, the Project Funding Request will automatically close and no more Contributions will be accepted for the Project. If an All Or Nothing project reaches its minimum Campaign Goal by the stated Campaign Deadline, then the Inventor will receive Contributions made to the Project as specified in item 4 of this section. If an All or Nothing Project does not reach its minimum Campaign Goal, the Inventor does not receive any amount of the Contributions and therefore is not required to fulfill offered rewards to members who pledged contributions.
6.Inventors may offer non-monetary rewards (“TechTreasure”) for Contributions, provided that the offering of such Tech Treasure is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the terms and conditions of this Agreement. Inventors that post projects agree to deliver rewards to project contributors (TechMoovers) as promised if the project reaches its minimum Campaign Goal by the Campaign deadline.
7.A TechMoover User can elect on the funding page of a project to contribute funds and make Project Funding payments via QuickContribute, an option whereby funds are made directly to a project campaign without signup or registration or importantly, request for TechTreasure rewards from the Inventor in exchange for the contribution. At the Campaign End date, contributed payments made through QuickContribute will be paid out directly to the Inventor’s campaign minus processing fees according to the following schedule: 10% marketplace processing fee retained by TechMoola. Payments will be included in a funds transfer that will be initiated within 30 days after a campaign has ended. It takes 5-7 business days for the disbursed funds to arrive in the Project Entity’s account.
QuickContribute funds are not subject to a minimum Campaign Goal. All funds contributed through QuickContribute go directly to the Inventor minus processing fees at the Campaign Deadline. However, QuickContribute funds do count towards reaching the minimum Campaign Goal.
Any Project Funding payments may be subject to verification of the identity of User and the Project Entity, the use of funds, and the timeline of the project. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time at the Company’s sole discretion. The User and the Project Entity agree that Project Funding may only be used on behalf of the Project, and that Project Funding will not be used for any other purpose. The User agrees that if at any time during an open Funding Request or within thirty (30) days of the close of a Funding Request, TechMoola makes a good faith determination that the identity of the User or the Project Entity or the timeline of the Project are not as identified in the Project Posting, or that the Project Funding has not been used solely on behalf of the Project, User will promptly refund the entire amount of Project Funding from such Funding Request to the TechMoovers. We may change the Fundraising Rules at any time upon notice to the Inventor. If the Inventor does not accept a change we make to the Fundraising Rules, the only remedy shall be to terminate the Project Posting.
User shall have full responsibility for applicable taxes for all Project Funding paid to User under this Agreement, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker’s compensation insurance coverage requirements and any U.S. immigration visa requirements. User agree to indemnify, defend and hold TechMoola harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on TechMoola by the relevant taxing authorities with respect to any Project Funding paid to the User and Project Entity.
As part of its Service, TechMoola offers an online storefront called the TechStore (“TechStore”) where Inventors can post listings for products for direct sale to other users such as TechMoovers on the site through redemption with our online Moola virtual cash point system. TechMoola shall not be liable for User interactions with any organizations and/or individuals found on or through the TechStore. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on the TechStore. TechMoola does not oversee the quality or timely receipt of goods purchased through the TechStore. TechMoola is not responsible for any damage or loss incurred as a result of any such dealings through the TechStore. All dealings are solely between Users and Inventors that can represent organizations and/or individuals. TechMoola is under no obligation to become involved in disputes between TechMoovers and Inventors, or between site members and any third party for dealings through the TechStore. In the event of a dispute, User releases TechMoola, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
Although TechMoola cannot be held liable for the actions, claims or identity of an Inventor, Inventors are nevertheless wholly responsible for fulfilling sale obligations both implied and stated in any TechStore listing they create including the accuracy of the merchandise/products offered, its quality and timely shipping and delivery to buyers. TechMoola reserves the right to cancel a project listing and refund all associated members’ entire Moola contributions at any time for any reason. TechMoola reserves the right to remove a sale listing from public listings on its Site for any reason. TechMoola additionally reserves the right to cancel, interrupt or suspend a listing on any part of its site at any time for any reason.
In the case of disputes arising from unsatisfied purchases or receipt of damaged/non-functioning/malfunctioning merchandise, Inventors may initiate refunds at their own discretion during an active listing on the TechStore or after its expiration so long as the Inventor maintains an active TechMoola funding account, which they are required to do for at least 30 days following the expiration of a sales listing.
TechMoola provides Inventors the opportunity to list approved merchandise/products for direct sale to Members (“TechMoovers”). The rules governing sale of an Inventor Product (the “TechStore Sale Rules”) are as follows:
- The first step in creating a listing on the TechStore is to use the Service to sign up for a TechMoola account and create a project profile page and post a “Project Request.” To post a Project Request, an Inventor describes the product, its use, sale price, estimated shipping fee and other questionnaire items relevant to the product to be listed and background of the Inventor offering the sale. The listing request will be processed by TechMoola and a decision to post it public on the TechStore will be made; all decisions made by TechMoola are final. If selected, the project will be publicly listed for 120 days, with potential for renewal for another 120 days at our sole discretion. Invitations for listing renewal will be made available at least 10 days prior to the expiration of the listing. The number of projects that an Inventor can create and request for posting on the TechStore is limited to 10. Approved listings can be terminated at any time by the Project Entity (see below) before the listing expires at 120 days. Once purchases are made through a User’s transfer of points for the sale listing, the Inventor’s TechStore account will be updated with the details of the transaction and buyer information including contact and shipping address. The Inventor is to then ship the sold product directly to the buyer through available shipping methods that offer delivery confirmation notices such as electronically tracked air or ground parcel services or certified, overnight or registered mail. Delivery of goods to the buyer must be made within 30 days following the sale transaction. If proof of delivery and/or receipt of purchased product is not confirmed by the buyer or made available to TechMoola at its request, TechMoola reserves the right to reverse the entire transfer of the sale back to the buyer’s account after 30 days of the sale date if the claim is initiated by the buyer for non-receipt of goods.
- The User will be required to designate one legal entity to which funds will be directed (the “Listing Entity”). By providing the name of the Listing Entity to TechMoola, User represents and warrants that they are an authorized representative of the Listing Entity with the authority to bind the Listing Entity to the terms of this Agreement, that the Listing Entity is the legal entity responsible for the Listing and accountable for sale and timely shipping of the listed product on the TechStore to buyers, and that they accept this Agreement on the Listing Entity’s behalf.
- To make sales on the TechStore, the Listing Entity must establish an account (a “Funding Account”)with TechMoola at the time of posting an approved Listing. Funding accounts must be kept open for at least 60 days following the termination or expiration of a listing, allowing all final sales transactions time for processing and buyer feedback regarding receipt of goods before the Inventor’s TechStore account can be closed either at the Inventor’s or TechMoola’s discretion.
- All User (TechMoover) transfers paid for a TechStore listing in US dollar amounts will be directed to the Listing Entity’s Funding Account, less a 10% marketplace processing fee retained by TechMoola. Transfer of money to the funding account will automatically occur 30 days after the transaction or sooner if the buyer indicated receipt of goods before that time. All money paid to a Listing Entity will constitute “Sale Funding,” and the TechMoola fee and all other Sale Funding requirements will apply. TechMoola is not responsible for any error or omission in the Funding Account information provided. TechMoola will disperse Sale Funding less processing fees from the Funding Account to the Listing Entity’s specified payment account according to the Listing’s disbursement details (set in the Funding section of the Project Profile). Inventors can choose to have disbursement to the Listing Entity’s PayPal account or a specified US credit or debit card.
- When an Inventor’s listing reaches its expiration, the Listing will automatically close and no more transfers, sales or buyer purchases will be accepted for the Listing.
Any Sale Funding payments may be subject to verification of the identity of User and the Listing Entity. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time at the Company’s sole discretion.
User shall have full responsibility for applicable taxes for all Sale Funding paid to User under this Agreement, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker’s compensation insurance coverage requirements and any U.S. immigration visa requirements. User agree to indemnify, defend and hold TechMoola harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on TechMoola by the relevant taxing authorities with respect to any Sale Funding paid to the User and Listing Entity.
In the event an account is suspended or terminated for suspected or actual breach of this Agreement (in each case as determined by TechMoola’s sole discretion), TechMoola may suspend or terminate the Service account associated with such breach and any or all other accounts held by the User or User affiliates, and the breach shall be deemed to apply to all such accounts.
Fees and Payments
Joining and browsing TechMoola is free. However, we do charge fees for services as outlined in the Projects section above. When the User agrees to and uses a service that has a fee associated with it, the User will have the opportunity to review and accept the fees that will be charged to the account, which TechMoola may change from time to time. Changes to that Policy are effective after we provide the User with notice by posting the changes on the Site. TechMoola may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Third Party Sites
The Service may permit the User to link to other websites or resources on the Internet, and other websites or resources may contain links directing to the Site. When a User accesses third party websites, the User does so at their own risk. The User acknowledges that Company has no control over other websites and thus is not representing, responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Inclusion of any such link on the Site does not imply endorsement by Company or any association with its operators and partners. Users further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, access to or reliance on any such content, goods or services available on or through any third-party websites or resources.
Content and Licensee
The User agrees that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, trade secrets or other proprietary rights and laws. User shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. User shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Third Party Intellectual Property – Copyright Notifications
TechMoola respects the intellectual property of others, and we ask our users to do the same. TechMoola may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. TechMoola will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
If a Site User believes that their work has been copied in a way that constitutes copyright infringement, TechMoolamust be contacted with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. 512(c)(3), for more information)::
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
– a description of the copyrighted work that the User claims has been infringed;
– a description of where the material that the User claims is infringing is located on the TechMoola Site, sufficient for TechMoola to locate the material (such as a url link);
– a contact address, telephone number, and email address;
– a statement by the User that the User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
– a statement from the User that the above information in the enclosed notice is accurate and, under penalty of perjury, that the User is the copyright owner or authorized to act on the copyright owner’s behalf.
If the User believes that project work and/or content has been removed or disabled by mistake or misidentification, please provide the TechMoola with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. 512(g)(3), for more information):
– a physical or electronic signature of the subscriber/user of the Services;
– identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
– a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
– the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Users acknowledge that if they fail to comply with all of the notice requirements listed here, the initiating notification or counter-notification may not be valid and that TechMoola may ignore such incomplete or inaccurate notices without liability of any kind.
Our designated copyright agent for notice of alleged copyright infringement is:
Attn: Copyright Officer
The Service provides the User with the ability to upload content to the Site. Company will not have any ownership rights of such content. However, Company needs the following license to perform the Service. By using the Site, the User grants to TechMoola a nonexclusive, sublicensable, royalty-free transferable, fully paid-up worldwide license to use, host, copy, display, transmit, publish and distribute uploaded content materials and trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) for the sole purpose of providing the services described in this User Agreement (for example: use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit (“Host”) the content, along with all associated copyrightable works or metadata, including without limitation videos, slide shows, photographs, graphics, and descriptive text (“Artworks”) in connection with the provision of the Service). User also grants TechMoola and its Service users the right to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks including the User name and associated logos in press releases as well as other announcements on the Site. TechMoola obtains no other right, title or interest in your trademarked materials except as set forth herein.
Intellectual Property Rights – Users
The Service provides users with the ability to create, upload, add, submit, distribute, collect, or post (“Submitting” or “Submission”) content, videos, audio clips, written public forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively called “User Submissions”). By Submitting to TechMoola User Submissions on the Site or otherwise through the Service, the User:
– acknowledges that by Submitting any User Submission to the Site, the User is publishing that User Submission, and that the User can be identified publicly by the User ID in association with any such User Submission;
– – by Submitting any User Submissions through the Site or the Service, the User grants Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, reproduce, modify, distribute, prepare derivative works of, display, perform, and otherwise fully utilize the User Submissions in connection with the Site, the Service and Company’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). The User also grants each user of the Site and/or the Service a non-exclusive license to access posted User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for non-commercial use. Granting such a license to Company does not affect ownership or license rights in the User Submission(s), including the right to grant additional licenses to the material in the User Submission(s), unless otherwise agreed in writing;
– the User agrees to pay all royalties and other amounts owed to any person or entity due to the submission and/or posting of any User Submissions to the Service;
– that the use or other utilization of such User Submissions by Company and use or other utilization by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party involved, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
– understands that Company shall have the right to delete, edit, modify, reformat, excerpt, or represent any materials, content or information submitted by User; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors, misrepresentations and omissions in any content; and that Company cannot guarantee the identity of any other users with whom User may interact in the course of using the Service.
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any information which users may provide about themselves. The User acknowledges that all Content accessed by the User employing the Service is at your own risk and the User will be solely responsible for any damage or loss to any party resulting there from.
USER ACKNOWLEDGES THAT THE SOFTWARE AND SERVICE MIGHT CONTAIN ERRORS AND DEFECTS. THE SOFTWARE AND SERVICE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE, THE SERVICE, MOOLA TRANSACTIONS AND ACCOUNT BALANCES AND ALL OTHER SERVICES IS WITH THE USER. SHOULD THEY PROVE DEFECTIVE FOLLOWING THEIR RECEIPT BY THE USER, THE USER AND NOT TECHMOOLA ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL SOFTWARE COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET ALL USER REQUIREMENTS. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
Company has no special relationship with or fiduciary duty to the User. The User acknowledges that Company has no control of and no duty to take any action regarding: which users gain access to the Site; what Content the User accesses via the Site; what effects the Content may have on the User; how the User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. The User releases Company from all liability for Content obtained or not through the Site. The Site may contain, or through User Submission or otherwise direct the User to websites that may have information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, server content, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with the use of the Service.
Limitation of Liability
IN NO EVENT OF ANY KIND SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY MALFUNCTIONS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TWO-HUNDRED U.S. DOLLARS (USD 200.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE USER AS SUCH.
TechMoola does provide support for the Software or Service. However, TechMoola may provide an e-mail address and/or a password protected forum for User to send any questions and/or comments regarding the Software or Service. TechMoola does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to User’s e-mail(s) and/or forum query postings.
Dispute Resolution and Choice of Law
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and understood in accordance with the laws of the State of New Jersey, without giving effect to any principles of law conflicts, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. The User agrees that the company (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over TechMoola or its respective parents, subsidiaries, affiliates, successors, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New Jersey.
Informal Resolution. To facilitate the resolution of any controversy related to this Agreement (“Dispute”), User and TechMoola agree to first attempt to resolve any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Informal resolution may be completed through a customer service mechanism via the site Service. If informal proceedings do not lead to a mutually acceptable resolution, additional informal discussions begin upon written notice from the User or TechMoola. TechMoola will send its notice to the email address on file in the User account and may also dispatch a copy to a physical address if we have one on file. Users can send their notice to Mediamorph LLC., Attn: Legal Department, at Support@Techmoola.com.
Binding Arbitration. If the User and TechMoola are unable to resolve a Dispute through informal discussions, either the User or TechMoola may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by final binding arbitration. THE USER UNDERSTANDS THAT ABSENT OF THIS PROVISION, THE USER WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Arbitration fees and (the User’s) share of arbitrator compensation shall be governed by these AAA rules. The arbitration may be conducted in person, through the submission of documents, by phone or online as allowed by the AAA rules. Except as otherwise provided in this Agreement, the User and TechMoola may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
No Class Action. The User and TechMoola agree that any arbitration shall be limited to the Dispute between TechMoola and the User individually. To the full extent permissible by law, no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
Exceptions to Informal Discussions and Arbitration. The User and TechMoola agree that the following Disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of the User’s or TechMoola’s intellectual property rights or Licensed Intellectual Property; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.
Venue. Any arbitration will take place in Somerset County, New Jersey, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Somerset County, New Jersey, United States of America and both the User and TechMoola agree to submit to the personal jurisdiction of that court. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the law of the State of Illinois without regard to its conflict of laws provisions. Each party hereby waives any claim that such venue is improper or inconvenient.
The Service is controlled and operated from its headquarters and operations facilities in the United States. TechMoola makes no representations or claims that the Service is appropriate or available for use in other foreign locations. Accessing the Service is prohibited from territories where such Content is illegal by local laws and regulations. If the User accesses the Service from other locations, the User does so at their own initiative and is responsible for compliance with local laws and regulations. Those who access or use the Service from other jurisdictions do so at their own discretion and are entirely responsible for adherence to local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the USA.
Electronic Delivery/Notice Policy and Your Consent
By using the Services, the User consents to receive from TechMoola all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Contract Notices”) electronically. TechMoola may provide such electronic Contract Notices by posting them on the TechMoola Site. If the User desires to withdraw consent to receive Contract Notices electronically, User must elect at once to discontinue use of the TechMoola Site and Services.
Integration and Severability