Corporate Headquarters:
Teczo.com, Inc.
160 Arbor Court,
San Bruno, CA 94066-2615,
California, USA
Website: www.teczo.com
Hong Kong Sales Office:
Teczo.com, Ltd.
Units 2010-2013, 20th Floor
Chevalier Commercial Centre
8 Wang Hoi Road,
Kowloon Bay, Hong Kong
Tel: 852-3423 3333
Fax: 852-3423 3322
Email: sales@teczo.com
Table of Contents
Definitions Privacy and Security; Disclosure 30-Day Free Trial Purchased Services License Grant and Restrictions Use Of The Services Account Information And Data Intellectual Property Ownership Charges And Payment Of Fees Billing And Renewal Non-Payment And Suspension Termination Upon Expiration/Reduction In Number Of Licenses Termination For Cause Representations & Warranties Mutual Indemnification Limitation Of Liability Additional Rights Local Laws And Export Control Notice Modification Of Terms Assignment; Change In Control General
TECZO.COM TERMS OF USE
THIS MASTER SUBSCRIPTION AGREEMENT ("AGREEMENT") GOVERNS YOUR 30-DAY FREE TRIAL OF THE SERVICES.
IF YOU PURCHASE OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN YOUR PURCHASE AND ONGOING USE OF THOSE SERVICES.
BY CLICKING ON THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS
(THE "AGREEMENT") GOVERNING YOUR USE OF TECZO.COM'S ONLINE SERVICE, INCLUDING THE USE OF SOFTWARE COMPONENTS (COLLECTIVELY, THE "SERVICE").
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND
SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH
AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You may not 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 WAS LAST UPDATED ON JUNE, 2009. THIS AGREEMENT IS EFFECTIVE BETWEEN YOU AND TECZO.COM UPON ACCEPTANCE OF THE TERMS AND CONDITIONS.
WELCOME
As part of the Service, teczo.com will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the teczo.com website incorporated by reference herein, including but not limited to teczo.com's privacy and security policies. For reference, a Definitions section is included at the start of this Agreement. The Service is offered in all Teczo editions. In addition, we offer a 30 days full functional free trial of our program with no further obligation. Please see our website for feature differences between the various editions.
As used in this Agreement now or hereafter associated herewith: "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service. "Initial Term" means the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process (e.g., if the billing frequency is yearly, the Initial Term is the first year.) "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world. "License Administrator(s)" means those Users designated by you who are authorized to purchase licenses online using the Online Order Center or by executing written Order Forms and to create User accounts and otherwise administer your use of the Service. "License Term(s)" means the period(s) during which a specified number of Users are licensed to use the Service pursuant to the Order Form(s). "Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail). "teczo.com Technology" means all of teczo.com's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by teczo.com in providing the Service. "Service(s)" means the specific edition of teczo.com's online business solutions, developed, operated, and maintained by teczo.com, accessible via http://www.teczo.com or another designated web site or IP address, or ancillary online or offline products and services provided to you by teczo.com, to which you are being granted access under this Agreement, including the teczo.com Technology and the Content. "User(s)" means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by teczo.com at your request). " You" or " Your" means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity. “Your Data" means all electronic data or information submitted by You to the Purchased Services.
PRIVACY & SECURITY; DISCLOSURE
Teczo.com's privacy and security policies may be viewed online. Teczo.com reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Individual users (other than users subscribed to any of the Teczo Editions), when they initially log in, will be asked whether or not they wish to receive marketing and other non-critical Service-related communications from teczo.com from time to time. They may opt out of receiving such communications at that time or at any subsequent time by changing their preference under Personal Setup. Teczo Edition users will not have the option of opting out unless they terminate their Teczo Edition account with teczo.com. Note that because the Service is a hosted, online application, teczo.com occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. Teczo.com reserves the right to disclose who its customers are.
We will make the Service available to You for certain number of users free of charge until the earlier of (a) the thirtieth day after Your acceptance of this Agreement or (b) the start date of any Purchased Services ordered by You. The free trial consists of a set of dummy data, which is for demonstration purpose and are not obtained from any commercial source. You may use it to practice the navigation of the platform and can freely alter any fields at your will. ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR 30-DAY FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO TECZO PROGRAM AND REQUEST FOR DATA MIGRATION FROM TECZO, BEFORE THE END OF THE 30-DAY TRIAL PERIOD. TECZO.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS DURING THE 30-DAY FREE TRIAL PERIOD. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TECZO.COM AND ITS LICENSORS. TECZO.COM'S 30-DAY FREE TRIAL MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TECZO.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. Please review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.
1.Provision of Purchased Services. We shall make the Purchased Services available to You pursuant to this Agreement and the relevant Order Forms during a subscription term. You agree that Your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features. 2.User Subscriptions. Unless otherwise specified in the applicable Order Form, (i) Services are purchased as User subscriptions and may be accessed by no more than the specified number of Users, (ii) additional User subscriptions may be added during the subscription term at the same pricing as that for the pre-existing subscriptions, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and (iii) the added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services.
Teczo.com hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by teczo.com and its licensors. You may not access the Service if you currently compete or plan to compete in the business of automation or other online business solutions, except with teczo.com's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) embed the service as a "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iii) attempt to gain unauthorized access to the Service or its related systems or networks.
1. Our Responsibilities. We shall: (i) provide to You basic support for the Purchased Services at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours notice via the Purchased Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Pacific time Friday to 3:00 a.m. Pacific time Monday), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations. 2. Your Responsibilities. You are responsible for all activities occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify teczo.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to teczo.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another teczo.com user or provide false identity information to gain access to or use the Service. You are responsible for properly identifying your form of business as it pertains to the pricing and delivery of the Service- either Advertiser or Agency.
Teczo.com does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not teczo.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of Customer Data, and teczo.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), Teczo.com reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and teczo.com shall have no obligation to maintain or forward any Customer Data.
INTELLECTUAL PROPERTY OWNERSHIP
Teczo.com alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the teczo.com Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the teczo.com Technology or the Intellectual Property Rights owned by Teczo.com, Inc. The Teczo name, the Teczo logo, TecClock and the product names associated with the Service are trademarks of teczo.com or third parties, and no right or license is granted to use them.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current price of the chosen edition of the Service at the fee currently in effect. Payment shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. All payment obligations are non-cancelable and all amounts paid are non-refundable. You must provide teczo.com with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized License Administrator may adjust the Service edition or otherwise alter the fees, terms and conditions by executing an additional written Order Form or using the Online Order Center. Changes to this agreement will be subject to the following: (i) new fees and services will be coterminous with the preexisting License Term (either Initial Term or renewal term); and (ii) any changes made in the middle of a billing month will be charged in full for that billing month. Teczo.com reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
Teczo.com charges and collects in advance for use of the Service from the subscribed date. Teczo.com will automatically renew and bill your credit card or issue an invoice to you every month for monthly subscription or each year on the subsequent anniversary for annual subscription or as otherwise mutually agreed upon. The renewal charge will be equal to the Service fee in effect during the prior term, unless teczo.com has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. You agree to provide teczo.com with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, teczo.com reserves the right to terminate your access to the Service in addition to any other legal remedies. All invoices and payment to Teczo.com, Inc. will be in United States dollars. If you believe your bill is incorrect, you must contact us in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. Unless otherwise stated, Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, " Taxes"). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against it based on Our income, property and employees.
In addition to any other rights granted to teczo.com herein, Teczo reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance per month, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or teczo.com initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Teczo may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Teczo.com reserves the right to impose a reconnection fee of US$100 in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that teczo.com has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
TERMINATION UPON EXPIRATION/REDUCTION IN NUMBER OF LICENSES
This Agreement commences on the Effective Date. For all editions or versions of the product, the Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon in an Order Form, commencing on the date you agree to pay for the Service by completing the online subscription form, or on the start date of the Order Form. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at teczo.com's then current fees. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least sixty (60) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event a paying subscription agreement is terminated after a minimum of 90 days under agreement (other than by reason of your breach, including any and all invoices being fully paid), teczo.com will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that teczo.com has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.
Any breach of your payment obligations or unauthorized use of the teczo.com Technology or Service will be deemed a material breach of this Agreement. Teczo.com, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, teczo.com may terminate a free account at any time in its sole discretion. You agree and acknowledge that teczo.com has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
REPRESENTATIONS and WARRANTIES
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Teczo.com represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online teczo.com help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
You shall indemnify and hold teczo.com, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that teczo.com (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release teczo.com of all liability and such settlement does not affect teczo.com's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim. Teczo.com shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by teczo.com of its representations or warranties; or (iii) a claim arising from breach of this Agreement by teczo.com; provided that you (a) promptly give written notice of the claim to teczo.com; (b) give teczo.com sole control of the defense and settlement of the claim (provided that teczo.com may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to teczo.com all available information and assistance; and (d) have not compromised or settled such claim. Teczo.com shall have no indemnification obligation, and you shall indemnify teczo.com pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000 Teczo.com and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
Teczo.com may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in teczo.com's account information, or by written communication sent by first class mail or pre-paid post to your address on record in teczo.com's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to teczo.com (such notice shall be deemed given when received by teczo.com) at any time by any of the following: letter sent by confirmed facsimile to teczo.com; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to teczo.com, in either case, addressed to the attention of: Chief Financial Officer.
Teczo.com reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement may not be assigned by you without the prior written approval of teczo.com but may be assigned without your consent by teczo.com to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of teczo.com directly or indirectly owning or controlling 50% or more of you shall entitle teczo.com to terminate this Agreement for cause immediately upon written notice.
This Agreement shall be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and teczo.com as a result of this agreement or use of the Service. The failure of teczo.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by teczo.com in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and teczo.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
QUESTIONS OR ADDITIONAL INFORMATION
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@teczo.com.
