THIS AGREEMENTGOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.
BY ACCEPTING THIS AGREEMENT, EITHER BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENTOR BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. WHEN ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ALL ENTITIES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You cannot access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This Agreement is last updated on April 23, 2013. It is effective between you and us as of the date of you accepting this Agreement.
Use Of The Services
We shall provide our basic support for the Purchased Services to you at no additional charge, and/or upgraded support if purchased separately. We use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for planned downtime and any unavailability. Mainly caused by circumstances beyond our reasonable control, including acts of God, floods, fires, acts of government, Internet service provider failures or delays, earthquakes, civil unrest, acts of terror, strikes or other labor problems.
Our Protection of Your Data
We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not modify Your Data, disclose Your Data except as compelled by law in accordance with our Disclosure policy.
You shall be responsible for Users’ compliance with this Agreement. You shall also be responsible for the accuracy, legality and quality of your Data and of the means by which You acquired Your Data. You should also use commercially reasonable efforts to prevent unauthorized access to your data and notify us promptly of any such unauthorized access or use. You shall not make the Services available to anyone other than Users, and never sell, resell, rent or lease the Services.
Reservation of Rights in Services
Reservation of rights are limited that are expressly granted hereunder. We at Technology Ace reserves all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
You shall not permit any third party to access the Services except as permitted herein or in an Order Form. You are not allowed to copy, frame or mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes. Besides, you are not allowed to access the Services in order to build a competitive product or service, or copy any features, functions or graphics of the Services.
Privacy of Your Data
Subject to the limited rights granted by You hereunder, We acquire no right, title or interest from You or Your licensors under this Agreement in or to Your Data, including any intellectual property rights therein.
Content/Images from other Websites
we are not responsible for any content or image from guest posts. As TechnologyAce.com is a guest blogger website. We welcome every kind of blogger to share their information on our website.
As used herein, “Confidential Information” means all confidential information disclosed by a party to the other party, whether orally or in writing. For the protection of Confidential Information, the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind. The Confidential Information should not be misused by the Disclosing Party for any purpose outside the scope of this Agreement.
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
WARRANTIES AND DISCLAIMERS
We warrant that we have validly entered into this Agreement and have the legal power to do so. All the Services shall perform materially in accordance with the User Guide. Customers or visitors should also warrant that they have validly entered into this Agreement and have the legal power to do so.
Except as expressly provided herein, neither party makes any warranties of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law.
Limitation of Liability
Neither party is liable with respect to any single incident arising out of or related to this agreement (whether in contract or under any other theory of liability) shall exceed the lesser of $500,000 or the amount paid by you hereunder in the 12 months preceding the incident. If in no event shall either party’s aggregate liability arising out of or related to this agreement exceed the total amount paid by you hereunder.
In no event shall either party have any liability to the other party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages. However caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.
Term and Termination
Term of Agreement This Agreement commences on the date You accept it and continues until all Services subscriptions granted in accordance with this Agreement have expired or been terminated. A party may terminate this Agreement for causes like a material breach, subject of a petition in bankruptcy, liquidation or any other valid reason.
This Agreement, including all exhibits and addenda hereto and all Order Forms, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.
However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto or any Order Form, the terms of such exhibit, addendum or Order Form shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in your purchase order or other order documentation (excluding Order Forms) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.