Country:
The TechDen Website uses cookies. By using the TechDen website you agree to these cookies being set.
To find out more, please see our Cookies Policy and find out further information at http://www.allaboutcookies.org.
AGREE

TECHDEN™
WEBSITE AND APPLICATION
TERMS OF USE

ACCEPTANCE OF TERMS
TDT Global Pty Ltd, a proprietary limited company organized and existing under the laws of Australia, doing business as TechDen (“TechDen”), sponsors this website www.techden.com (the “Site”), the TechDen mobile application (the “Application”), as well as a number of related services (collectively, with the Applications and the Site, the “Services”), including all information, documents, communications, files, text, graphics, software, and products available through the Services (collectively, the “Materials”). The following terms and conditions (the “Terms of Use”) form a binding agreement between you and TechDen, whether or not you register as a “Member” or browse the Services as a “Visitor”, where “you” or “your” refers to the person accessing or using the Services.
By accessing or using this Site or the Application in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by these Terms of Use.
TechDen reserves the right to change the Terms of Use and other guidelines or rules posted on the Site, including its Privacy Policy, which is hereby incorporated by reference, from time to time at its sole discretion. Your continued use of the Services or any Materials, after such notice has been posted constitutes your acceptance of the changes. Your use of the Services or Materials will be subject to the most current version of the Terms of Use, Privacy Policy and other rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use TechDen’s Services automatically terminates, and any Materials downloaded or printed from the Site or the Application in violation of the Terms of Use or the Privacy Policy must be immediately destroyed.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, DOWNLOADING THE APPLICATION OR USING THE SERVICES AND MATERIALS YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE, THE SERVICE, OR THE MATERIALS, OR DOWNLOAD THE APPLICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST CEASE USING THE SERVICES AND DELETE THE APPLICATION ON YOUR MOBILE DEVICES. THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

USERS
You may simply browse the Services, or you may register with TechDen and create an account (“Account“). You must have an Account to use TechDen’s full range of Services. If TechDen believes or suspect that any information you provide TechDen is not true, accurate, current or complete, TechDen may deny or terminate your access to the Services (or any portion thereof). Visitors agree not to attempt to access Member areas of the Services.

ACCOUNTS
When you set up an Account, you are required to provide your name, mobile phone number, email address and select a password and may be required to provide additional information (collectively, your “Account Information”), which you may not transfer to or share with any third parties. You agree to only provide TechDen with true, accurate, current and complete information for your Account. If someone accesses the Services using your Account Information, TechDen will rely on that Account Information and will assume that it is really you or your representative who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with the Account. Without limiting any rights which TechDen may otherwise have, TechDen reserves the right to take any and all action, as TechDen deems necessary or reasonable, to ensure the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event and under no circumstances will TechDen be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of TechDen under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify TechDen, at the email set forth below, immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
TechDen’s Materials and Services, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, including common law intellectual property rights and trade dress (collectively “Intellectual Property Laws”), and any unauthorized use of the Materials or Services may violate such Intellectual Property Laws and these Terms of Use. Except as expressly provided herein, TechDen, its suppliers, contractors and clients, do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on TechDen’s Materials and Services or their selection and arrangement, except as expressly authorized in the Terms of Use

In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with TechDen’s Materials and Services.
In addition to the Materials and Services offered by TechDen, TechDen’s Services may also make available materials, information, and services provided by third parties (collectively, the “Third Party Content”) subject to TechDen’s Privacy Policy. The Third Party Content may be governed by separate license agreements that accompany such services. TechDen offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Content, including any liability resulting from incompatibility between the Third Party Content and the Materials and Services offered by TechDen (collectively, the “TechDen Content”). You agree that you will not hold TechDen responsible or liable with respect to the Third Party Content or seek to do so. The Third Party Content and Tech Den Content is collectively referred to herein as the “Content.”

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Content available on this Site, subject to the following conditions:

  1. The Content may be used solely for personal, informational, and internal purposes.
  2. The Content may not be modified or altered in any way.
  3. The Content incorporated in TechDen’s Services may not be distributed or sold, rented, leased, or licensed to others.
  4. You may not remove any copyright or other proprietary notices contained in the Content.
  5. TechDen reserves the right to revoke the authorization to view, download, and print the Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from TechDen.
  6. The rights granted to you constitute a license and not a transfer of title.
    The rights specified above to view, download, and print the Content available on TechDen’s Services are not applicable to the design or layout of TechDen’s Services. Elements of TechDen’s Services are protected by Intellectual Property Laws and may not be copied or imitated in whole or in part.

MOBILE APPLICATION

License

Subject to your compliance with the Terms of Use, TechDen grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely to access the Services for your own internal purposes. Furthermore, with respect to any Application accessed through or downloaded from the App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application as permitted by the “Usage Rules” set forth in the App Store Terms of Service.

App Stores
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that these Terms of Use are between you and TechDen and not with the App Store. TechDen, not the App Store, is solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Application and the Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of the Terms of Use and will have the right to enforce them.

App Store Sourced Application
The following applies to any App Store Sourced Application:

  1. You acknowledge and agree that (i) the Terms of Use are between you and TechDen only, and not the App Store, and (ii) TechDen, not the App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store terms of service.
  2. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store, and the App Store will be responsible for refunding the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between TechDen and the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TechDen.
  4. You and TechDen acknowledge that, as between TechDen and the App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and TechDen acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between TechDen and the App Store, TechDen, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use.
  6. You and TechDen acknowledge and agree that the App Store, and any App Store subsidiaries, are third party beneficiaries of the Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Terms of Use and conditions of the Terms of Use, the App Store will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
  7. Without limiting any other terms of the Terms of Use, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Software Code
Certain software code incorporated into or distributed with the Application may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary, the Open Source Software is not licensed hereunder and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

USER CONTENT
“User Content” is user-supplied information, comments, materials, files, communications, and documents. You are entirely responsible for each individual item of User Content that you post, publish, submit or make available through the Services. As between you and TechDen, you retain ownership and any intellectual property rights in the User Content you post. You grant TechDen a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to that User Content. You agree that any such User Content or any derivative works thereof, except for any personally identifiable information you submit in regards to your Account, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by TechDen, and searched, displayed, printed or otherwise used or exploited by TechDen’s customers. To the extent you include personally identifiable information in forums within TechDen’s Services, TechDen will not be liable for such disclosure. TechDen does not grant you any rights in any User Content available on TechDen’s Services (other than your own submitted User Content), except to use any such User Content for your personal and non-commercial use.

You agree not to revise User Content posted by others, and you represent and warrant that you will not post or use any User Content in any manner that:

  1. Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
  2. Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
  3. Is false or inaccurate or becomes false or inaccurate at any time;
  4. Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by TechDen in TechDen’s sole discretion;
  5. Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
  6. Misrepresents your identity in any way;
  7. Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  8. Advocates or encourages any illegal activity; or
  9. Has the potential to create liability for TechDen or cause TechDen to violate the requirements of or to lose the services, in whole or in part, of TechDen’s Internet service providers or other suppliers.
    Though TechDen strives to enforce these rules with all of TechDen’s users, you may be exposed through TechDen’s Services to User Content that violates TechDen’s policies or is otherwise offensive. You access the Services at your own risk. TechDen may, but are not obligated to, remove User Content from TechDen’s Services for any reason, including if TechDen determines or suspect that such User Content violates these Terms of Use. TechDen is merely acting as a passive conduit for such distribution and TechDen takes no responsibility for your exposure to User Content through the Services whether it violates TechDen’s content policies or not.

TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on TechDen’s Services are the property of TechDen or other third parties. You are not permitted to use the Marks without the prior written consent of TechDen or such third party that may own the Marks.

PROHIBITED USES AND USER CONDUCT
It is TechDen’s goal to make access to TechDen’s Services a good experience for all of TechDen’s users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, your use of the Services, or access to the Services for any purposes other than for which the Services are being provided to you, or do any of the following:

  1. Conduct or promote any illegal activities while using the Services;
  2. Upload, distribute or print anything that may be harmful to minors;
  3. Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site or Services;
  4. Attempt to gain access to secured portions of the Services to which you do not possess access rights;
  5. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  6. Use the Services to generate unsolicited email advertisements or spam;
  7. Use the Services to stalk, harass or harm another individual;
  8. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts);
  9. Interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  10. Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without TechDen’s prior express written permission;
  11. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
  12. Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
    You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

FEEDBACK
In the event that you provide TechDen any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (collectively “Feedback”), you agree TechDen may use the Feedback to modify TechDen’s Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to TechDen a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback through the Services or through any other method of communication with TechDen, unless TechDen has entered into a separate agreement with you that provides otherwise.

THIRD PARTY LINKS AND CONTENT
Any links to other websites not owned or operated by TechDen are provided solely as a convenience for you. TechDen’s listing of any Third Party Content does not create a partnership or affiliation with the third party. TechDen’s listing of any Third Party Content does not constitute sponsorship or endorsement of any such third parties or service providers. You shall make a competent consumer decision before employing the services of any listed third party professional or service provider. You bear all risk associated with the employing of any third party and obtaining their goods or services.

MODIFICATIONS TO THE SERVICES
TechDen reserves the right to modify or discontinue the Services with or without notice to you. TechDen will not be liable to you or any third party should TechDen exercise TechDen’s right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that TechDen, in TechDen’s sole discretion, may immediately terminate your access to the Services at any time, for any reason, in TechDen’s sole discretion. If you want to terminate any Services, you may do so by (a) notifying TechDen at any time and (b) deleting the Application from your mobile device and closing your Account for all of the Services that you use. Your notice should be sent, in writing, to TechDen’s email address set forth below. YOU AGREE THAT TECHDEN WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO TECHDEN OR A THIRD PARTY.

PRIVACY
TechDen knows that your privacy is important. For this reason, TechDen has created a Privacy Policy that describes TechDen’s collection, use and disclosure practices regarding any personal information that you provide to TechDen. The security of your personal information is important to TechDen. While there is no such thing as “perfect security” on the Internet, TechDen will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. TechDen reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. TechDen may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TECHDEN OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, TECHDEN’S SERVICES, AND ALL MATERIALS ACCESSIBLE THROUGH TECHDEN’S SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TECHDEN MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. TECHDEN MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND TECHDEN MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) TECHDEN DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH TECHDEN’S SERVICES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (II) TECHDEN MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) TECHDEN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH TECHDEN’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TECHDEN ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM TECHDEN’S SERVICES OR IN CONNECTION WITH ANY MATERIALS OFFERED THROUGH TECHDEN’S SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TECHDEN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL TECHDEN, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TECHDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that TechDen may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of TechDen’s liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will TechDen or TechDen’s licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond TechDen’s reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that TechDen may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

INDEMNIFICATION
You agree to defend, indemnify, and hold TechDen harmless from and against any claims, actions, demands, or damages, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your breach of these Terms of Use, or your access to, use or misuse of TechDen’s Services or the content thereof. TechDen shall give you notice of any such claim, suit or proceeding. TechDen reserves the right to assume exclusive defense and control of any matter, which is subject to indemnification under this section. In such event, you agree to cooperate with any reasonable request assisting TechDen’s defense of such matter.

RELEASE
You hereby release TechDen, its owners, officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services.

COPYRIGHT VIOLATIONS.
TechDen respects the intellectual property of others, and TechDen asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TechDen the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Services;
  4. Your address, telephone number, and email address;
  5. 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
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    TechDen’s agent for notice of claims of copyright infringement on the Services can be reached by mail at TDT Global Pty Ltd, 4510 Helgesen Drive, Madison, WI 53718 or by email at info@techden.com.

ELECTRONIC COMMUNICATIONS.
TechDen can only give you the benefits of TechDen’s Services by conducting business through the Internet, and therefore TechDen needs you to consent to TechDen giving you Communications electronically. This Section informs you of your rights when receiving Communications from TechDen electronically. For contractual purposes, you (i) consent to receive communications from TechDen in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that TechDen provides to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and TechDen’s agreement to do so, applies to all of your interactions and transactions with TechDen. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing the Services. You may withdraw your consent to receive Communications electronically by contacting TechDen in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between TechDen and you prior to the time you withdraw your consent. Please keep TechDen informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

GENERAL
You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. TechDen may assign its rights or delegate its duties under these Terms of Use partially or in their entirety to any party without notice to you.
In the event that any provision of these Terms of Use is determined invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

These Terms of Use contain the entire understanding and agreement between the parties with respect to the subject matter herein and supersedes any and all other agreements between the parties, whether oral or in writing.
Any failure or delay by TechDen to enforce its rights under these Terms of Use shall not constitute a waiver unless such waiver is made in writing.
The paragraph headings in these Terms of Use are included only to help make these Terms of Use easier to read and have no binding effect.
The Terms of Use and the relationship between you and TechDen will be governed by the laws of the State of Wisconsin, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You consent to personal jurisdiction and venue in and agree to service of process issued or authorized by, any court located in the United States District Court for the Western District of Wisconsin and the Wisconsin Circuit Court for Dane County.

You acknowledge that TechDen has the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.

ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, TechDen may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Wisconsin law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Services.
For any dispute with TechDen, you agree to first contact TechDen at the email set forth below and attempt to resolve the dispute with TechDen informally. In the event that TechDen is not able to resolve the dispute informally, TechDen and you agree to resolve any claim, dispute, or controversy (excluding any claims by TechDen for injunctive or other equitable relief) arising out of or in connection with or relating to the Services or the Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding confidential arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Dane County, Wisconsin, unless you and TechDen agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS TECHDEN AND YOU AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TECHDEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Wisconsin law or United States federal law.

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dane County, Wisconsin. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dane County, Wisconsin, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dane County, Wisconsin for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of (b) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, if (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Company shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Dane County, Wisconsin. By using the Services in any manner, you agree to the above arbitration provision.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at ADR.org.

SURVIVAL
Any limitations on liability explicitly set forth herein and TechDen’ proprietary rights in and to the Services and Content, will survive the expiration or termination of these Terms of Use for any reason.

NOTICE; VIOLATIONS
TechDen may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to TechDen in writing via email to info@techden.com or as otherwise expressly provided. Please report any violations of these Terms of Use to info@techden.com. If you have any questions or concerns about the Services or anything else, please send an e-mail to info@techden.com or by mail at TDT Global Pty Ltd, 4510 Helgesen Drive, Madison, WI 53718.