TERMS OF SERVICE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following Terms of Service. Please review these Terms of Service carefully. If you do not agree to these Terms of Service, you should not use this site. A breach or violation of any of the Terms will result in an immediate termination of your Services. General: This Agreement, hereinafter “Agreement”, specifies the Terms of Service for access to and use of www.tech-refresh.com, hereinafter the “Website”, and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Tec-Refresh upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent and updated version of the Terms of Service here. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. Copyright & Trademarks: Unless otherwise noted all materials, including images, illustrations, designs, icons, photographs, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Tec-Refresh. The site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Tec-Refresh. License: Subject to the terms of this Agreement, Tec-Refresh grants you a nontransferable, non-exclusive, license to use the Site and Services for your personal, noncommercial use. Feedback: If you provide us any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. Tec-Refresh will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Tec-Refresh any information or ideas that you consider to be confidential or proprietary. Use of Information Sent to Tec-Refresh: Any information or material sent to Tec-Refresh through the publicly available sections of the Site will be deemed NOT to be confidential or proprietary. However, Tec-Refresh will not release your name or otherwise publicize the fact that you submitted materials or other information to Tec-Refresh unless: (a) Tec-Refresh obtains your permission to use your name; or (b) Tec-Refresh first notifies you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) Tec-Refresh is required to do so by law. Any information or materials submitted to Tec-Refresh through the Contact Form for the purpose of seeking IT solution services or products shall be responded to within a reasonable amount of time. Furthermore, these correspondences shall remain confidential and will only be seen and/or used by Tec-Refresh staff. Correction of Errors and Inaccuracies: The information on the site may contain typographical errors or inaccuracies and may not be complete or current. Tec-Refresh therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your request). Please note that such errors, inaccuracies or omissions may relate to product/service description, pricing, third party information, or otherwise. Optional Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party
provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. Third Party Links: Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Indemnification: You agree to indemnify, defend and hold harmless Tech-Refresh and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Disclaimer of Warranties; Limitation of Liability: We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Tech-Refresh, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Severability: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Entire Agreement: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by the laws of the State of California. You agree to submit to the personal jurisdiction of the state courts and federal courts located within San Bernadino County, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect Tec-Refresh’s intellectual property rights in any court of competent jurisdiction.