TERMS
Tech Helpline Terms of Service
Introduction
Welcome to the Tech Helpline. Tech Helpline provides this service (the “Service,” as further described below) to you subject to the following Terms of Service (“TOS”). In addition, when using the Service, you shall be subject to any posted guidelines and rules applicable to such service, which may be posted and updated from time to time. All such guidelines and rules are incorporated by reference into these TOS.
PLEASE READ THESE TOS CAREFULLY. By accessing or using the Service, you (“You” or “Your” as applicable) are bound by the notices, terms and conditions in these TOS and, as applicable, elsewhere on www.techhelpline.com (including but not limited to our Privacy Policy, our Copyright Policy and the www.techhelpline.com Terms of Service, which are incorporated by reference). If You use the Service on behalf of a business, You represent to Tech Helpline that You have the authority to bind that business and Your acceptance of these TOS will be treated as acceptance by that business. In that event, You and Your in these TOS will refer to that business. If You do not agree to any of these terms and conditions, You may not use the Service. At all times, in using the Service, You must observe and abide by these TOS, as they may be amended from time to time.
The Service
The Service is comprised of (i) the Tech Helpline web site, currently located at www.techhelpline.com (and/or any successor or additional web site(s) owned or operated by or for Tech Helpline); (ii) the servers operated by or on behalf of Tech Helpline; (iii) the knowledge, advice, assistance and technical support services provided by the Tech Helpline Tech Team; and/or (iv) any other technology and/or services that Tech Helpline provides to individuals, businesses, trade groups or other organizations (“Clients”) for use individually or by their employees, agents and members. The Service may be distributed through any media format through any media channel and/or via any media device. If You are accessing the Tech Helpline Services through an arrangement between Tech Helpline and a Client, the Client has the sole right and discretion to determine Your eligibility to use the Service. If such Client terminates Your access to the Service, You agree that Tech Helpline is not responsible for such termination and that You have no recourse, and will take no action, against Tech Helpline.
User Account
You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Tech Helpline immediately of any breach of security or unauthorized use of Your account. Although Tech Helpline will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of Tech Helpline or others due to such unauthorized use. All registration information provided by You shall be subject to Tech Helpline’s Privacy Policy.
You may be required to provide current, accurate contact and other information (“Registration Data”) as a condition of use of the Service. If You provide any Registration Data that is untrue, inaccurate, not current or incomplete, or Tech Helpline has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tech Helpline has the right to suspend or terminate Your account and refuse any and all current or future use of the Service. If You permit a third party to access the Service to conduct business on Your behalf, all conduct and use of the Service by such third party will be attributed to You and You will be held responsible for their compliance with all Terms of Use applicable to their activities.
Tech Helpline may, in its sole discretion, permit other service providers to authenticate a user’s right to access the Service and grant access to the Service through a single sign-on to another service (“Single Sign-on”). You may opt out of Single Sign-on service by contacting Tech Helpline at info@techhelpline.com.
Ownership
The content accessible through or provided with the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Tech Helpline, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. No license in the Content or Marks is intended or created hereby. Except as set forth in these TOS, the Content and Marks are provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever except as set forth in these TOS. Tech Helpline reserves all rights not expressly granted in and to the Service and the Content. If You download or print a copy of the Content, You must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content.
Miscellaneous
Authority: You represent and warrant at all times that: (i) You are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent and are fully authorized to enter into these TOS on Your own behalf and on behalf of any other individuals or companies whom You are representing; (ii) You are fully able and competent to accept, make and/or perform the terms, conditions, obligations, representations and warranties set forth in these TOS, and to abide by and comply with the terms herein; (iii) if You are a company, You are duly organized, validly existing and in good standing under the laws of the state of Your organization, You have full corporate power and authority to enter into these TOS, and You are duly authorized to perform the obligations and to carry out the provisions herein; (iv) You understand that these TOS are legal and valid obligations, binding and enforceable in accordance with their terms; and (v) neither the execution, delivery and performance of these TOS conflicts with any agreement, instrument, or understanding, oral or written, to which You are a party or by which You may be bound, or violates any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over You.
Suspension. Tech Helpline reserves the right to suspend its publication of the Content or any aspect of the Service under these TOS at any time, without giving prior notice. Tech Helpline may, without notice to You, remove or block any user from the Service.
User Behavior
Tech Helpline grants You permission to use the Service subject to all of the terms and conditions set forth in these TOS.
As a condition of use, You agree not to use the Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited.
By way of example, You agree not to (a) take any action or (b) upload, download, post, submit or have Tech Helpline upload or post on Your behalf or otherwise distribute or facilitate distribution of any material or content, using any communications service or other service available on or through the Service, that:
• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or
• is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or
• misrepresents the source, identity or content of information transmitted via the Service; or
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme, petitions for signatures, charity requests or any other similar solicitation; or
• 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 telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Tech Helpline or any third party; or
• impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Tech Helpline or access the Tech Helpline accounts of others without permission; or
• constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause Tech Helpline to violate any applicable law or regulation;
• collects, or attempts to collect, personal information about users without their consent or constitutes a solicitation, for commercial purposes, any users of the Service; or
• otherwise violates these TOS, the Privacy Policy, the Copyright Policy or any other policy posted on the Tech Helpline website.
Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in Tech Helpline’s sole discretion, an unreasonable or disproportionately large load on Tech Helpline’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) alter or modify any part of the web site or access Content through any technology or means other than those explicitly designated by Tech Helpline; (iv) bypass any measures Tech Helpline may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (v) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an account of a Tech Helpline user that is not Yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service, any Content or any other content available through the Tech Helpline web sites (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder. In addition, You may not remove any proprietary notices, marks or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service in a manner which sends more request messages to the Tech Helpline server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or while on the Tech Helpline web site is limited to the express purposes set forth in these TOS; all other uses are strictly prohibited.
Unless expressly authorized, You shall not frame or otherwise display any portion of the www.techhelpline.com website or any of its contents. No hyperlinks to any password protected web pages on the www.techhelpline.com web site are allowed. Hyperlinks to non-restricted pages are subject to review and termination by Tech Helpline in our sole discretion.
No Endorsement; Availability; Monitoring
Tech Helpline is not responsible for the accuracy, usefulness, safety, or intellectual property rights of Content. Tech Helpline does not guarantee that any Content will be made available on the Service, whether continuously or at all. Tech Helpline does not assume any responsibility or liability for any Content and You agree to waive any legal or equitable rights or remedies You may have against Tech Helpline regarding such Content. Tech Helpline does not monitor any content or materials submitted by users of the Service or any third parties, if any, and assumes no liability for any such materials or content.
Termination
Tech Helpline may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate Your use of the Service at any time, provided that all provisions of these TOS, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Tech Helpline and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “Tech Helpline Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of these TOS, including any breach of any representation, warranty, covenant or agreement made by You herein; (iii) Your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that Your use of the Service caused damage to a third party; or (v) Your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Tech Helpline Indemnitees. Tech Helpline shall have the right, in its sole discretion, to select its own legal counsel to defend the Tech Helpline Indemnitees from any Claims (but by doing so shall not waive Your indemnity obligations), and You shall be solely responsible for the payment of all reasonable attorneys’ fees incurred by the Tech Helpline Indemnitees in connection therewith. You shall notify Tech Helpline immediately if You become aware of any actual or potential Claims, suits, actions, allegations or charges that could affect Your or Tech Helpline’s ability to fully perform its respective duties or to exercise its respective rights under these TOS. You shall not, without the prior express written approval of Tech Helpline, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for any Tech Helpline Indemnitee. This defense and indemnification obligation will survive these TOS and Your use of the Service.
Disclaimer
THE SERVICE, CONTENT AND MARKS ARE PROVIDED BY TECH HELPLINE “AS IS” AND “AS AVAILABLE” ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THESE TOS, TECH HELPLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THESE TOS, INCLUDING BUT NOT LIMITED TO THE SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, TECH HELPLINE DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE AND ITS CONTENTS AND MARKS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, TITLE, SUITABILITY, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES) OR OTHERWISE. YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TECH HELPLINE MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT THE SERVICE WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE RELIES UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS, INCLUDING, WITHOUT LIMITATION, THE ENCODING AND APPLICATION OF SECURITY AND DIGITAL RIGHTS MANAGEMENT FUNCTIONALITY AND PROTECTIONS, IF AVAILABLE. TECH HELPLINE MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND TECH HELPLINE SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. FURTHER, TECH HELPLINE DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEB SITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND TECH HELPLINE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.
Limitation of Liability
IN NO EVENT SHALL TECH HELPLINE OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE TOS, AND/OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SERVICE (INCLUDING BUT NOT LIMITED TO, THE CONTENT AND MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF TECHNOLOGY HELPLINE OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TECH HELPLINE ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; ANY UNAUTHORIZED ACCESS TO OR USE OF THE TECHNOLOGY HELPLINE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TECH HELPLINE WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE TECHNOLOGY HELPLINE WEB SITE BY ANY THIRD PARTY, AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, TECH HELPLINE’s AND ITS SUPPLIERS’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Copyright Policy
Tech Helpline respects the rights of copyright holders. We have established a Copyright Policy which is incorporated herein by reference and made part of these TOS. Your use of the Service is subject to Your acceptance of our TOS which include the Copyright Policy.
Privacy Policy
Please read the Privacy Policy carefully for disclosures relating to the collection and use of Your personal information. The Privacy Policy is incorporated by reference and made part of these TOS. Your use of the Service is subject to Your acceptance of our TOS which include the Privacy Policy.
Miscellaneous
Acceptance. If You do not accept all of the terms and conditions set forth in these TOS, You may not access or use the Service.
Ability to Accept. The Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these TOS.
Assignment. You may not assign any of Your rights or obligations under these TOS without Tech Helpline’s express prior written consent. Tech Helpline may assign its rights or assign or delegate any of its obligations under these TOS without restriction.
Enforceability and Waiver. If any provision of these TOS is found illegal or unenforceable, the TOS will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these TOS will not be affected. No delay or failure by Tech Helpline to exercise or enforce any of its rights under these TOS will act as a waiver of such rights.
Entire Agreement. These TOS constitutes the entire understanding of the parties hereto with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between You and Tech Helpline concerning the subject matter hereof. Neither party hereto has relied on any statement, representation or promise of the other party or representative thereof in agreeing to these TOS.
Export and International Use. The Service is controlled and offered by Tech Helpline from its facilities in the United States of America. Tech Helpline makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Force Majeure. In the event that Tech Helpline is prevented from performing or is unable to perform any of its obligations under these TOS due to any cause beyond its reasonable control, then Tech Helpline’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
Good Faith. You agree to act in good faith with respect to each provision of these TOS and any dispute that may arise related hereto or thereto.
Links to Third Party Web sites or Services. As a convenience for its users, Tech Helpline may provide links on this web site to other web sites owned by third parties or make viewing of videos available on third party web sites or services. Unless otherwise stated, Tech Helpline does not endorse or control these third parties and takes no responsibility for them or their web sites. Please refer to these third party web sites for their terms and conditions and other policies.
Governing Law, Jurisdiction and Venue. These TOS shall be governed by and construed in accordance with the laws of the State of Florida, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Orange County, Florida for any claim or action arising out of or relating to these TOS or Your use of the Service. You agree that: the Service shall be deemed to be solely based in the State of Florida; the Tech Helpline web site shall be deemed a passive web site that does not give rise to personal jurisdiction over Tech Helpline, either specific or general, in jurisdictions other than the State of Florida; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Headings. The section headings and subheadings contained in these TOS are included for convenience only, and shall not limit or otherwise affect the terms hereof.
Modification. Tech Helpline shall have the right to modify these TOS at any time, which modification shall be effective upon posting the new TOS on the Terms of Use page of the Tech Helpline web site. We recommend that You check the Tech Helpline web site regularly for any such changes. Your use of the Service following such posting shall be deemed to constitute Your acceptance of such modification. These TOS may not otherwise be changed or modified, except in a writing signed by an authorized representative of Tech Helpline.
Notices. All notice required to be given in writing and delivered either by hand or by recognized overnight delivery service shall be pre-paid and addressed as set forth below. If to Tech Helpline: Tech Helpline, 7025 Augusta National Drive, Orlando, FL 32822; E-mail: info@techhelpline.com. If to You: Via email or transmittal to the address identified by You through Your registration for the Service shall constitute notice to You.
Severability. Each provision of these TOS shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
Survival. All terms of these TOS which by their nature extend beyond their termination shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.
Use. The Service is controlled and offered by Tech Helpline from its facilities in the United States of America. Tech Helpline makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.