Terms and Conditions
tec-tec, LLC Mobile Application
Terms and Conditions of License
These Terms and Conditions (“Terms") are a binding agreement between you ("End User" or "you") and tec-tec, LLC ("tec-tec"). These Terms govern your use of the tec-tec mobile application (the "App"). Please scroll through and review the entire Terms from beginning to end before accepting. These Terms include important provisions relating to topics such as warranty disclaimers and limitations of liability that you should read below before accepting these Terms.
1. Acceptance. By selecting the "I Accept" button, you sign these Terms electronically and agree to be legally bound by these Terms. By using the App, you also consent to and agree to these Terms as if you have electronically signed them. By using the App, you also consent and agree to any other provisions, rules or policies that may be set forth in the App (with a breach of any of the foregoing to be deemed a breach of these Terms). Tec-tec reserves the right to update or modify these Terms at any time and from time to time without prior notice by posting the updated Terms on the App page. Your continued use of the App indicates acceptance of modifications to these Terms.
2. License Grant. Subject to these Terms, tec-tec grants to you a limited, non-exclusive and nontransferable license to use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly for the sole purpose of using the App in accordance with its instructions. The App is licensed, not sold, to you.
3. License Restrictions. You shall not: (a) copy the App; (b) modify, translate, adapt, reverse engineer, disassemble, decompile, decode, attempt to derive or gain access to the source code or otherwise create derivative works or improvements of the App or any part thereof; (c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason; (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App; (f) use or evaluate the app as part of an unauthorized research study (i.e., not directly and explicitly authorized in writing).
4. Intellectual Property. The App and its original content, features and functionality are and will remain exclusive property of tec-tec and its licensors. If you believe that any App contents violate your copyright, please send tec-tec a notice of copyright infringement by e-mailing firstname.lastname@example.org.
Pursuant to the Digital Millennium Copyright Act, tec-tec designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to tec-tec’s designated agent the following 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 you claim has been infringed;
· a description of where the material that you claim is infringing is located on the App;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
5. Links to Other Websites. Tec-tec’s App may contain links to third-party websites or services that are not owned or controlled by tec-tec. Tec-tec has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that tec-tec 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 use of or reliance on any such content, goods or services available on or thorough any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
6. Indemnification. You agree to defend, indemnify and hold harmless tec-tec and its licensors, and each of the foregoing parties’ owners, managers, members, employees, contractors, agents, suppliers, officers and directors (the “Tec-Tec Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the App, or (b) a breach of these Terms.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY OF THE TEC-TEC PARTIESBE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, INCLUDING WITHOUT LIMITATION, LOSSES RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (III) ANY CONTENT OBTAINED FROM THE APP; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. FURTHERMORE, IN NO EVENT SHALL THE LIABILITY OF THE TEC-TEC PARTIES FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE APP EXCEED IN THE AGGREGATE AN AMOUNT EQUAL TO THE GREATER OF (A) THE FEES PAID BY YOU FOR THE APP OR (B) ONE HUNDRED DOLLARS ($100). YOU AGREE THAT THE LIMITATIONS IN THIS SECTION ARE REASONABLE, ACCEPTABLE AND ENFORCEABLE IN LIGHT OF THE FEES CHARGED BY TEC-TEC FOR USE OF THE APP.
8. APP DISCLAIMER. YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO , IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. TEC-TEC AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT (A) THE APP WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS.
9. MEDICAL ADVICE DISCLAIMER. THE AIM OF TEC-TEC IS TO SUPPORT WORKING TOWARD BETTER MENTAL WELL-BEING, HOWEVER TEC-TEC DOES NOT BEAR ANY RESPONSIBILITY FOR ANY ACTS, OMISSIONS, DECISIONS OR CONSEQUENCES OF USER, DIRECT OR INDIRECT, THAT MAY RESULT FROM USE OF THE CONTENTS OF THIS APP. THE CONTENT OF THIS APP IS INTENDED FOR USE ONLY AS AN INFORMATIVE TOOL. IT IS NOT, IS NOT INTENDED TO BE, AND SHOULD NOT BE USED IN ANY WAY AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TRAINING. THE ACCURACY OF THE INFORMATION PROVIDED IS NOT GUARANTEED. YOU ACKNOWLEDGE THAT THIS APP IS NOT MEANT TO DIAGNOSE A HEALTH CONDITION OR DISEASE AND IS NOT MEANT TO DEVELOP A HEALTH TREATMENT PLAN. IF YOU ARE IN AN EMERGENCY OR LIFE-THREATENING MEDICAL SITUATION, SEEK MEDICAL ASSISTANCE IMMEDIATELY. DIAL EMERGENCY NUMBER (911 IN THE USA) FOR EMERGENCY MEDICAL SERVICES.
12. Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable, unless these Terms, absent the invalid or unenforceable provision, fails to meet the essential business purposes of the parties as expressed in these Terms, and any provision held invalid or unenforceable shall automatically be revised with the least changes necessary to effect, to the fullest extent permitted by law, the intent of the parties as expressed in this Agreement.
13. Governing Law and Jurisdiction. All matters or disputes relating to the App and these Terms shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. You agree to the personal jurisdiction of and venue in the state and federal courts in Davidson County, Tennessee, and waive any objection or defense to such jurisdiction or venue, including without limitation defenses of forum non-convenient. Tec-tec shall be entitled to recovery of its reasonable costs and expenses (including, without limit, attorneys fees and costs) incurred in enforcing these Terms.