TEKNEKK, LLC

WEBSITE AND MOBILE APP TERMS OF USE 

Last Updated July 2018

 

PLEASE READ THESE TERMS OF USE CAREFULLY

 

  1. Agreement to Terms of Use.  These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TekNekk, LLC (“Company,” “we,” “us” or “our”), concerning your access to and use of the application (“Application”), teknekk.com (“Website”), content, products, and services (collectively the “Services”) made available by the Company.  Please read these Terms of Service (the “Terms”) carefully because they govern your use of the Services.  You agree that by accessing or using the Services, you have read, understood, and agree to be bound by all of these Terms.   

 

  1. Changes to Terms. We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on website name or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you are indicating to us that you agree to be bound by the modified Terms.  If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

 

  1. Material, License & RestrictionsThe Website and Application and everything on them, from text to photos to videos to graphics and software (collectively the “Materials”) are owned by or licensed to Company. The Materials are protected by copyright, trademark, trade dress, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Please be advised that we enforce our intellectual property rights to the fullest extent of the law.

 

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Services and Materials for your personal use, solely as expressly permitted by these Terms and subject to these Terms.  Any other use of the Services or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, or modified without our express written permission. Nothing contained in the Website or Application should be interpreted as granting to you any license or right to use any of the Materials or third-party proprietary content in the Website or Application without the express written permission of Company or the appropriate third-party owner, as applicable.

 

You may not: (i) remove any copyright, trademark, patent or other proprietary notices or markings from any portion of the Materials; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Materials except as expressly permitted by Company; (iii) decompile, reverse engineer or disassemble the Materials; (iv) link to, mirror or frame any portion of the Materials; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Materials or unduly burdening or hindering the operation and/or functionality of any aspect of the Materials; or (vi) attempt to gain unauthorized access to or impair any aspect of the Materials.

 

The Materials and all rights therein are and shall remain Company’s property or the property of Company’s licensors.  Neither these Terms nor your use of the Services convey or grant to you any proprietary rights: (i) in or related to the Materials except for the limited license granted above; or (ii) to use or reference in any manner Company’s company names, logos, product and service names, trademarks or services marks or those of Company’s licensors.

 

You acknowledge and are familiar with the high standards, quality, style and image of Company.  To the extent Company grants you a license in Company’s marks and/or trademarks, you shall, at all times, conduct business and use any of Company’s marks in a manner consistent with these standards, quality, style and image.  In the event you do not meet such standards, Company retains the right to cancel any licenses extended to you with or without a period to cure such defects. 

 

Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services.

 

  1. Using the Application and Services.  Use of the Application requires that you register and/or create an account (“Account”). To register and create an Account, you must create a username and password and provide certain personal information.  You expressly acknowledge and agree that in order for Company to provide the Services, Company may have to access or use the information you provided to Company.  In consideration of the use of the Services you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. 

 

You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Company of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or other information; and (b) ensure that you exit from your Account at the end of each session. Company will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

 

By registering for an Account you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose;  and (5) your use of the Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).  Company reserves the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access to the Services from a particular account, device and/or IP address.

 

  1. Subscription Fees, Payment & Billing.  Upon registration for the use of Services, you expressly agree that we are authorized to charge the monthly fee for your subscription, at the current advertised subscription rate for your use of the Services (the “Subscription Fee”) to your chosen payment method. Please note that the Subscription Fee is subject to change with notice to the email address associated with your account. It is your responsibility to ensure that the email address associated with your account is correct and that your email account will receive emails from the Company.

 

The Subscription Fee will automatically be billed to your payment method upon your registration for the use of Services (the “Start Date”) and then on the corresponding calendar day at each subsequent monthly billing interval thereafter (the “Bill Date”), until you cancel your subscription by either contacting us by email at info@teknekk.com or by signing in to your Account and clicking on the “Unsubscribe” tab of your “Settings.” In the event your subscription began on a day not contained in a given month, we will bill your payment method on the last day of the month following your Start Date. 

 

You authorize us to bill your payment method for Subscription Fee on your Bill Date and to update and retain information about the payment method associated with your account. If we do not receive payment from your designated payment method on your Bill Date, you agree to pay all Subscription Fees upon demand by us, plus any attorneys’ fees or collection costs incurred in connection with obtaining payment from you. Each time you make a purchase through the Website or Application, you reaffirm that (i) we are authorized to bill your designated payment method; (ii) we may submit Subscription Fees incurred under your account for payment; and (iii) you will be responsible for such Subscription Fees, even if your subscription is canceled or terminated subsequent to your purchase. You are responsible for all Subscription Fees incurred under your Account made by you or anyone who uses your account (including, but not limited to, your children, family or friends). After thirty (30) days from the date of any unpaid Subscription Fees, your account will be deemed delinquent and we may terminate or suspend your account for nonpayment.

 

To view your billing information and renewal date, sign in to your Account and click on the “Account Billing” tab of your “Settings”. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If you believe that you have billed in error or have other billing inquiries, please notify us within thirty (30) days of the billing date.  Company will not issue credits or refunds after the sixty (30) day period has passed, except where required by applicable law.

 

UNLESS YOU CANCEL YOUR SUBSCRIPTION BY EITHER CONTACTING US BY EMAIL AT INFO@TEKNEKK.COM OR BY SIGNING IN TO YOUR ACCOUNT AND CLICKING ON THE “UNSUBSCRIBE” TAB OF YOUR “SETTINGS” AT LEAST TWENTY FOUR (24) HOURS PRIOR TO THE BILL DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL MONTH (“THE RENEWAL TERM”), AND YOU AUTHORIZE US TO BILL THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES TO THE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. IF YOU CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE TWENTY-FOUR (24) HOUR PERIOD BEFORE THE BILL DATE, YOU WILL RETAIN ACCESS TO THE SERVICES FOR THE REMAINDER OF YOUR MONTHLY SUBSCRIPTION PERIOD. COMPANY RESERVES THE RIGHT TO DECLINE TO RENEW YOUR SUBSCRIPTION IN ITS SOLE DISCRETION, WITHOUT ANY LIABILITY.

 

  1. No Medical Advice.  THE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE OR A PROFESSIONAL SERVICE. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PERSONAL MEDICAL ADVISOR.  THE SERVICES, INCLUDING ANY INFORMATION, CONTENT, MATERIAL, DATA AND IS MADE AVAILABLE FOR PERSONAL USE ONLY, AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE.  

 

  1. Prohibited Activities.   As a user of the Services, in addition to the remainder of the Terms, you agree not to:

 

  1. Systematically retrieve data or other content from the Services or Materials to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use the Services to advertise or offer to sell goods and services.
  4. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Services.
  5. Engage in unauthorized framing of or linking to the Website.
  6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  7. Make improper use of our support services or submit false reports of abuse or misconduct.
  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
  10. Attempt to impersonate another user or person or use the username of another user.
  11. Sell or otherwise transfer your profile.
  12. Use the Services as part of any effort to compete with us or otherwise use the Services or Materials for any revenue-generating endeavor or commercial enterprise.
  13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  14. Attempt to bypass any measures of the Website or Application designed to prevent or restrict access.
  15. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  16. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, web bugs, cookies, or other similar devices.

 

  1. Governing Law.  These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to any conflict of laws principles.

 

  1. Disclaimer.  THE SERVICES, THE MATERIALS AND ALL OTHER CONTENT ON THE WEBSITE OR APPLICATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THE APPLICATION, THE MATERIALS AND/OR OTHER CONTENT ON THE WEBSITE OR APPLICATION ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SERVICES, MATERIALS AND/OR OTHER CONTENT ON THE WEBSITE OR APPLICATION. 

 

  1. Indemnity.  You will defend, indemnify, and hold Company including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Services, including: (1) your breach of these Terms; (2) your violation of any law or the rights of a third-party, including, without limitation, as a result of your own interaction with such third-party; (3) any allegation that any materials that you submit to us or transmit through the Application or Website to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third-party; and (4) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

  1. Limitation of LiabilityIN NO EVENT SHALL COMPANY, ITS EMPLOYEES, OFFICERS, OWNERS, DIRECTORS OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR ANY LOSS OR DAMAGES WHATSOEVER THAT IN ANY MANNER ARISES OUT OF OR RESULTS FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE MATERIALS OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN THE MATERIALS OR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

YOU AND COMPANY AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND COMPANY AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

 

  1. Third-Party Websites and Content.  The Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.  Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third-party.  You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

 

  1. Privacy Policy.  We care about data privacy and security. Please review our Privacy Policy [https://www.teknekk.com/privacy-policy]. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.  Please be advised the Website and Application is hosted in the United States. If you access the Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.  Further, in accordance with the United States Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of thirteen (13) has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

 

  1. Modifications and Interruptions.  Company reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at its sole discretion without notice.  We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Services.  We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

  1. Dispute Resolution and Arbitration Agreement.  

 

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of these Terms, or that in any way relate to your use of the Services, the Materials and/or other content on the Website or Application, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and Company are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding.

 

Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. Except as provided in the preceding sentence, this “Dispute Resolution and Arbitration Agreement” section will survive any termination of these Terms. You further acknowledge that any claim arising under these Terms will be brought within one year of its accrual or it will be waived.

 

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.  The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

Unless you and Company otherwise agree, the arbitration will be conducted in Miami, Florida, United States of America.  Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.  The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.  The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The party who prevails in arbitration will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

 

  1. Waiver and SeverabilityAny waiver by Company of any provision of these Terms must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.