TechValidate Website Terms of Use

These Terms of Use govern your access to and use of TechValidate's website (the "Site"), any information, text, graphics, or other materials appearing on the Site (the "Content"), and any services provided through the Site (the "Services"). Your access to and use of the Site, Content, or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use. If you have entered into another agreement with TechValidate governing your use of the Site, Content, or Services, that agreement will take precedence over these Terms of Use where conflicts between the two exist.

Modification of Terms of Use

You acknowledge and agree that TechValidate may revise these Terms of Use from time to time. By continuing to access or use the Site, Content, or Services after TechValidate makes any such revision, you agree to be bound by the revised Terms of Use.

Privacy

See TechValidate's Privacy Policy at www.techvalidate.com/privacy for information and notices concerning TechValidate's collection and use of your personal information.

U.S.-EU and U.S.-Swiss Safe Harbor Frameworks compliance

TechValidate complies with the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks developed by the U.S. Department of Commerce regarding the collection, use and retention of personal information from EU member countries and Switzerland as reflected in its Privacy Policy at www.techvalidate.com/privacy. For personal information coming from individuals located in EU member countries and Switzerland, TechValidate follows the provisions of its Privacy Policy, and to the extent that any term of these Terms of Use is inconsistent with the Privacy Policy, the Privacy Policy supersedes these Terms of Use with regard to personal information coming from individuals located in EU member countries and Switzerland. Also, to the extent that You provide personal information subject to the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks, You hereby certify that your provision of personal information is consistent with the requirements of the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks with regard to the collection, use and retention of personal information. For more information about the Safe Harbor Program and to review TechValidate’s certification, please visit the U.S. Department of Commerce’s Website (http://export.gov/safeharbor/).

You have consented to your personal data being transferred out of the EU and onto servers located in the United States. These servers are maintained by our U.S. company, which is certified under the US-EU Safe Harbor Framework and the US-Swiss Safe Harbor Framework. This means that we meet certain general EU requirements relating to the provision of adequate data privacy

Guard Your Password

You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify TechValidate of any unauthorized use of your password.

Your Use of the Content

TechValidate authorizes you to download, view, send links to, or print a single copy of any Content, subject to the restrictions set forth in these Terms of Use, and solely to assist you or your company with your analysis of IT product, services, or vendors. You are expressly prohibited from using the Content in any other way unless TechValidate has granted you prior written permission to make such use. If you link to or otherwise cite any Content on any other website or in any other media, you must properly attribute TechValidate as the source of the Content, either by providing a link back to the Site or by otherwise referring to TechValidate.

Restrictions

All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of TechValidate and its licensors. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site.

General Prohibitions

You agree not to do any of the following while using the Site, Content, or Services:

  • Access, tamper with, or use non-public areas of the Site, TechValidate's computer systems, or the technical delivery systems of TechValidate's providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Send unsolicited email, junk mail, "spam", or chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
  • Impersonate or misrepresent your affiliation with any person or entity.

TechValidate will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. TechValidate may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that TechValidate has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Digital Millennium Copyright Act Compliance

TechValidate respects the intellectual property rights of others and expects users of the Site to do the same. At TechValidate's discretion and in appropriate circumstances, TechValidate may terminate the companies of users or prevent access to the Site by users who infringe the intellectual property rights of others. Pursuant to 17 USC 512(c)(2) (Digital Millennium Copyright Act of 1998), TechValidate's designated agent for notice of alleged copyright infringement appearing on the Site is:

Steven Norall, CEO
5900 Hollis Street, Suite S
Emeryville, CA 94608
ph: 650-323-6512
fax: 650-618-1422
email: steve@techvalidate.com

Filing a notice of infringement with TechValidate requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that TechValidate is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TechValidate of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. TechValidate reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. TechValidate also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, and Services is at your own risk. TechValidate will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.

The Site is Available "AS-IS"

THE SITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TECHVALIDATE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

TECHVALIDATE MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TECHVALIDATE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TECHVALIDATE OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold harmless TechValidate, its officers, directors, employees and agents, from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and companying fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TECHVALIDATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TECHVALIDATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT TECHVALIDATE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, TECHVALIDATE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF TECHVALIDATE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SITE, CONTENT OR SERVICES, OR TECHVALIDATE'S USE OF INFORMATION YOU HAVE PROVIDED TO IT, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO TECHVALIDATE FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TECHVALIDATE AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

The failure of TechValidate to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Arbitration

Any claim, dispute, or controversy raised by either You or TechValidate against the other arising from these Terms of Use or Your use of the Site and/or Program or any information You receive from TechValidate (the "Claim" or "Claims") shall be resolved through binding arbitration with the American Arbitration Association ("AAA"), regardless of the particular legal theory of the Claim or Claims or the remedy sought by You. Moreover, in no case will the Claim or Claims in the arbitration be permitted to proceed on a class or representative basis or to be consolidated with any other arbitration proceeding, and to the extent that You might otherwise be able to join or proceed in a class action against or sue TechValidate in a representative capacity, such as under a private attorney general provision, You hereby expressly and knowingly waive such Claim or Claims. The arbitration shall be before a single arbitrator, and the arbitrator will apply California substantive law (regardless of the substantive law that might be applied under choice of law principles). The arbitrator will have the power to award to a party any remedies provided for under applicable law, except that the You and TechValidate agree that in no case shall either party be liable for exemplary or punitive damages. All costs and fees, including reasonable attorneys’ fees, will be allocated in accordance with the AAA rules. The Federal Arbitration Act, and not state law, shall govern the arbitrability of all Claims between You and TechValidate including any and all claims or disputes concerning the validity, construction, and performance of this arbitration provision. Any Claim or dispute as to the enforceability of this arbitration provision’s restrictions on your right to participate in or pursue a class action or class-wide arbitration shall be decided by a court and not an arbitrator, and shall be brought only in a United States District Court located in San Francisco, California.

Controlling Law and Jurisdiction

This Agreement will be governed by and construed in accordance with California law, except for its conflict of laws principles, and will be adjudicated in the federal or state courts located in the Northern District of California. The parties hereby consent to personal jurisdiction and venue therein.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between TechValidate and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between TechValidate and you regarding the Site, Content, and Services. This section shall not apply if you have previously entered into an agreement with TechValidate regarding your use of the Site, Content, or Services, including the Terms of Service and Privacy Policy.

If you have any questions about these Terms of Use, please contact TechValidate at info@techvalidate.com.