PLEASE CAREFULLY REVIEW THESE TERMS OF USE (“TERMS”). THESE TERMS MAY CHANGE AND IT WOULD BE PRUDENT TO REVIEW THIS REGULARLY AS YOUR CONTINUED USE OF TECH90.COM AFTER CHANGES MEAN YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AS THEY ARE UPDATED OR AMENDED. IF YOU (the “USER”) DO NOT ACCEPT THESE TERMS, THEN DO NOT USE TECH90.COM.
“TECH90.com” (“Website”, or “Site”) is owned and operated by Gregory W. Madore dba TECH90 (hereinafter “TECH90”, “we”, “us”, “our”) and the information contained on the Website is provided at no cost to those users who abide by these terms. We reserve the right to change these terms at any time as we see fit. By accessing “TECH90.com”, any of its subdomains, or by sending information to any email address containing “TECH90.com”, you agree to be legally bound by these terms.
USERS
A user of the Site (“User”, “You”) is hereby defined as any party, individual or entity who accesses, browses, or utilizes third party tools to access information contained on the Site or sends email based information to any email address that contains “TECH90.com”.
We are committed to providing an equal opportunity source of information. We do not discriminate on the basis of age, race, religion, gender, sexual orientation or nation of origin.
No person(s) under 13 years of age should access the Site without the consent of their parent or legal guardian. Use of the Site by any user shall be deemed a declaration that the user is 13 years of age or older.
USERS CODE OF CONDUCT
The User agrees to not submit any Element that (1) the User knows to be false or misleading, (2) violates the copyright, trademark, or intellectual property rights of any other individual or entity, (3) violates local, national or international law, (4) is hateful, biased based on, but not limited to, sexual orientation, race or religion, or could be in any way considered offensive or threatening to any individual or entity, (5) contains any spyware, adware, software destruction or disruption device, viruses, “trojan horses”, and/or worms, whether or not the Element causes damage to the Site or any other User of the Site, (6) violate the privacy of TECH90 or any other User or entity. For additional information about the privacy policies of TECH90, please review our Privacy Policy.
SITE CONTENTS/OWNERSHIP/TRADEMARKS AND RESTRICTIONS
All content contained within the Site is copyrighted by TECH90. Content is herby defined to include text, graphics, photographs, illustrations, images, video recordings, audio recordings, posts, writings, graphical layout, functions, programming and other intellectual property specific to the Site (the “Elements” or “Materials”). Additional Elements contained herein may include content that are copyrights or other intellectual property owned, controlled, or licensed by TECH90. These Elements are the property of their respective owners.
Users may not, under any circumstances, reproduce, republish, upload, post, transmit or redistribute any of the Elements in any way whatsoever without the written consent of TECH90. Users may, however, print Elements of the site in hard copy for personal use or for personal record keeping purposes. Printing Elements of the Site for any other reason, or utilizing any of the Elements on any other website (public or private) without the written consent of TECH90 is strictly prohibited and constitutes an infringement of TECH90‘s trademark or the intellectual property of those third parties who have licensed the Element for use on the Site.
There are Elements on the Site that allow the User to transmit elements, materials, words, and images to the Site. All content that is submitted to the Site by a User shall be and perpetually remain the property of TECH90. TECH90 reserves the right to add, change or remove any content submitted by a User, at any time, for any reason and without notice to the Users.
If the User submits their email address to any Element on the Site or in connection with any submitted Element, the User authorizes TECH90, its service providers and contractors to contact the User at the submitted email address for any reason including but not limited to providing and/or acquiring information about your submission.
By submitting Elements to the Site you represent and warrant under penalty of perjury, that (1) you are the sole author and owner of the Element being transmitted and any intellectual property associated with that Element, (2) you have waived any and all “moral rights” to the Element(s) being transmitted and (3) public use of the Element(s) being transmitted will in no way cause injury to any other individual or entity. The User agrees to grant TECH90 a perpetual, royalty-free and transferable right to utilize, copy, modify, display, execute, delete, and translate, or create works based on and subsequently sell and/or distribute such content in any form without any compensation to the User who submitted the Element.
DISCLAIMER OF WARRANTY
TECH90 is providing this Site and its Elements ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF A PARTICULAR PURPOSE. ALTHOUGH TECH90 AT ALL TIMES, TO THE BEST OF ITS ABILITY, VERIFIES ITS CONTENT TO BE ACCURATE AND CURRENT, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE AND CURRENT. TECH90 maintains the right to change the information contained on this site at any time and without notice to the Users.
TECH90 ALSO UNDER NO CIRCUMSTANCES AND AT NO TIME WARRANTIES WHETHER THE ELEMENTS OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT THE SOLE RISK OF THE USER.
At times TECH90 will reprint information, facts, views, opinions or statements made by third party individuals or groups. TECH90 DOES NOT ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION OR STATEMENT, UPLOADED OR DISTRIBUTED THROUGH THE SITE. THE USER EXPRESSLY ACKNOWLEDGES THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION OR STATEMENT, UPLOADED OR DISTRIBUTED THROUGH THE SITE IS AT THE SOLE RISK OF THE USER.
DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES AND AT NO TIME, SHALL TECH90 BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR ANY OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY OF THE ELEMENTS OF THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBLE APPLICATION OF SUCH DAMAGES. AT NO TIME SHALL TECH90 BE LIABLE FOR ANY DAMAGES DUE TO LOSS OF USE, DATA, AND/OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, THE INABILITY TO USE, THE REPRODUCTION OR THE DISPLAY OF ANY OF THE ELEMENTS OF THE SITE.
LINKS TO THIRD PARTIES
TECH90 will, at its discretion, use Elements that redirect the User’s browser to access content not contained on servers controlled by TECH90 (“Links”). If the User utilizes any of these Links, TECH90 is not responsible for the terms of use, privacy policies, security or elements contained on those third party sites. AT NO TIME SHALL TECH90 BE LIABLE FOR ANY DAMAGES DUE TO LOSS OF USE, DATA, AND/OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, THE INABILITY TO USE, THE REPRODUCTION OR THE DISPLAY OF ANY ELEMENTS ACCESSED AS A RESULT OF LINKS ON THE SITE.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any Elements on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the TECH90 copyright agent (identified below) and provide the following information:
- A clear statement identifying the works or other materials believed to be infringed.
- A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.
- Sufficient information about the location of the allegedly infringing Materials so that TECH90 can locate and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
TECH90’s agent for notice of copyright issues on the Site can be reached as follows:
TECH90
ATTN: Gregory W. Madore
P.O. Box 4033
Burbank, CA 91503
(Ref: Copyright Infringement)
SECURITY
TECH90 takes the security of its site and its Users seriously and whenever deemed necessary, takes any and all reasonable precautions to protect the security of its Users. By using the Site you agree (1) to not use any software or device to interrupt and/or interfere with the normal operation of the Site, (2) to not violate local, national or international law, and (3) to not submit or attempt to submit any virus to the Site that may directly or indirectly compromise the security of any Element of the Site or the Site in its entirety.
We take credit card information security seriously and use a variety of technical solutions to make shopping safe at our Site. Furthermore, we encrypt and protect your information utilizing the industry standard Secure Sockets Layer (SSL) encryption software. While on a secure page, such as our order form, the lock icon on the bottom of web browsers such as Firefox and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’.
While we use SSL encryption to protect sensitive information online, we also protect user-information off-line. The information of our Site’s users, including the sensitive information mentioned above, is maintained in a restricted section in our offices. Only those of our employees who need the information to perform a specific job (for example, our account or customer service representatives) are granted access to personally identifiable information. Furthermore, our employees are kept up-to-date on our security and privacy practices.
Unfortunately, no data transmission over the Internet or across mobile carriers and networks, or method of storage – electronic or otherwise – can be guaranteed to be 100% secure. As a result, while we strive to protect your information, we cannot guarantee its absolute security. IN NO EVENT SHALL TECH90 BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THE SITE, EVEN IF EMD SERVICES OR AN AUTHORIZED REPRESENTATIVE OF EMD SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you have any questions about the security at our Site, you can send an e-mail to support@TECH90.com.
CONSENT
The use of the Site implies that the User consents to all terms set forth in this agreement. This includes ALL LIMITATIONS OF DAMAGE PROVISIONS as outlined in this Terms of Use. By using the Site you also consent to the collection and utilization of information by TECH90. If you do not consent to any of the terms set forth in this agreement, do not use the Site.