Techs4Techs Member Agreement

Welcome to Techs4Techs! We are a subscription service that provides our members a platform to communicate with one another on various topics related to their work as technicians. This agreement (“Agreement”) describes your rights and responsibilities in your use of Techs4Techs’ website, mobile apps, and service, both as a visitor and as a registered Techs4Techs member, and what you can expect from us. By clicking “I accept” or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding agreement.


We use “Techs4Techs” here to refer to the Techs4Techs.com website and our iOS and Android apps (also referred to as our “Services”) that provide you with access to that platform. We also use “Techs4Techs” to refer to Iracema Properties, LLC (619 Metairie Road, Metairie, Louisiana 70005), which owns and operates our Services.


Eligibility. Each person can only have one account, and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your personal account. You must use your real name, not a pseudonym. If you are under 13 years old (or any older age of consent required to use social media services where you live), do not use our services or provide any data to us.


Verification. It is not OK to submit inaccurate registration information, or to register if you know you don’t meet our eligibility requirements. Providing false registration information violates our norms and could constitute a crime.


We make efforts to enforce our eligibility requirements, but please do not assume these processes are perfect. For example, we may require members to verify their status as a technician.

Preferences. By default, we subscribe you to email messages/push-notifications for the topics in which you express interest during registration. You can change your preferences about receiving such messages/push notifications in your settings.

Privacy. We know that you do not want spam or marketing phone calls from third parties, so we will never sell or rent your personal information to third parties, and we won’t share it with a third party unless we have your authorization. You hereby authorize us to share your information with Iracema Properties, LLC’s affiliates, including Bemana, LLC, and authorize said affiliates to contact you for employment opportunities. Our privacy policy explains how we handle member and visitor data collected and generated in the course of visiting or using Techs4Techs. Please read it, as it forms part of this agreement.


Content. You retain all ownership rights to the text, photos, video, and other content you submit to Techs4Techs (collectively, your “Content”). You give us permission, in the form of a non-exclusive worldwide license, to use, copy, and publish your Content.


Be A Good Member. At Techs4Techs, we believe that member behavior is the foundation of our tech community. Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious. There is no tolerance for objectionable content or abusive users. We do not proactively screen or monitor Content posted by members; however, we can remove Content posted by you, suspend, delete or deactivate your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior that we think harms the Techs4Techs community or any of its members.


Interacting with Other Members.  While we hope other members will be respectful, we don’t control and aren’t responsible for their actions; we encourage you to do your own research before deciding to do business with another member. In using Techs4Techs and its member-to-member transactional features (such as Buy & Sell), you, like every member, are acting on your own behalf and are responsible for your own decisions and actions, including posting Content and interactions with neighbors you meet through Techs4Techs. If you write a recommendation or other comment about another member or a business (for example, in response to a request for trouble-shooting support), be truthful, fair and neighborly in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission. Techs4Techs is not responsible for and you waive any all claims against Techs4Techs with respect to any comments or other posts by its members.


Techs4Techs does not interview, run background checks on, monitor, supervise, or control Techs4Techs members. Your use of Techs4Techs functions does not make us an employer, placement agency, representative, or agent of or for you or any other member or service provider. If you and another member decide to work together or make a sales transaction, the two of you, and not Techs4Techs, are responsible for complying with any laws that might apply, such as tax or employment laws. Techs4Techs is not a party to transactions or disputes between members.


Feedback. Please feel free to share any feedback, suggestions, or ideas you have about Techs4Techs with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you.


Text Messaging/Emailing/App Push-Notification Alerts. If you use our text messaging service, note that text message alerts are not intended to replace any primary phone service, such as a traditional landline or mobile phone that may be used to contact emergency services. Techs4Techs does not charge for sending text messages, but your carrier may charge you. Alerts sent via SMS may not be delivered if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time; furthermore, within a coverage area, factors beyond the control of the user’s wireless carrier may interfere with message delivery, including equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.

Copyright and DMCA. If you believe Content on Techs4Techs infringes your copyright, you can reach our notification agent at Iracema Properties, LLC, 619 Metairie Road, Metairie, LA 70005; Phone: +1 225-773-5278; Email: admin@techs4techs.com. If you are in the U.S., your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).



Restrictions from Our Licensors. Some of the information and services available through Techs4Techs are licensed from third parties and covered by these third-party terms and disclosures:

Š              You may not sublicense, resell, or otherwise distribute any data from our third-party licensors to any third party; it is only for your internal personal use.

Š              Users of our iOS application are subject to the following terms required by Apple: To the maximum extent permitted by applicable law, Apple does not have any warranty obligation with respect to the Techs4Techs iPhone app. Apple is not responsible for addressing any claims by you or any third party relating to the Techs4Techs iPhone app or your possession or use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Techs4Techs iPhone app does not conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) any infringement of a third party’s intellectual property rights. Where permitted by law, Apple, its subsidiaries and our other suppliers are third-party beneficiaries of this agreement, but no one else is. Without limiting the foregoing, (1) upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary, and (2) Apple is not a party to this agreement and is not responsible for the Techs4Techs iPhone app or its contents.

Using Our App. If you download and install the Techs4Techs app, we give you a limited non-transferable license to use it only to access and use Techs4Techs on your own behalf through your iOS or Android product; additional terms may apply from the site you download it from (Apple App Store or Google Play store) or the manufacturers of your device or software.

 

Membership, Free Trials, Billing and Cancellation

1.         Membership

a.         Ongoing Membership. Your Techs4Techs membership, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Techs4Techs service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.

b.         Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

2.         Free Trials

a.         Your Techs4Techs membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Techs4Techs reserves the right, in its absolute discretion, to determine your free trial eligibility.

b.         We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

c.          You may cancel your subscription any time in the app settings. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

3.         Billing

a.         Recurring Billing. By starting your Techs4Techs membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Techs4Techs service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

b.         Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

c.          Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Techs4Techs membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

d.         No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

e.          Payment Methods. You may edit your Payment Method information in the App Store or Google Play. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

f.            Cancellation. You may cancel your Techs4Techs membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. Cancellations can be accomplished through your device settings or by contacting us. If you signed up for Techs4Techs using your account with a third party as a Payment Method, and wish to cancel your Techs4Techs membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Techs4Techs service through that third party. You may also find billing information about your Techs4Techs membership by visiting your account with the applicable third party.


Techs4Techs Grant Program. At Techs4Techs' sole discretion, 5% of Techs4Techs' gross proceeds from membership subscriptions may be used to provide full or partial financial assistance for the urgent needs of its members. Funds are limited and the following restrictions apply:

Liability Limits. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH TECHS4TECHS, INCLUDING THE TECHS4TECHS SERVICES, OUR SOFTWARE, YOUR USE OF TECHS4TECHS OR ANY TECHS4TECHS SERVICE, OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $1000. Some jurisdictions do not allow damages exclusions, so they may not apply to you.


Governing Law and Venue. This Agreement shall be governed by the laws of the State of Louisiana, without regard to its conflict of laws. All disputes shall be resolved by a court of competent jurisdiction in the parish of Jefferson, Louisiana.


Integration. This agreement includes our 
privacy policy. It constitutes the entire agreement between you and us with respect to our Services, and supersedes any other agreements or understandings (oral or written). We can amend this agreement, any additional terms, or the privacy policy by notifying you of the changes (for example, by emailing you, or by posting an amendment notice in your news feed). If you keep using Techs4Techs after the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using Techs4Techs and delete your account.


No Warranty. Techs4Techs AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using Techs4Techs or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.


Indemnity. If someone brings a claim against Techs4Techs (whether against the company or any of its affiliates, employees, directors, or officers) based on a harm you caused, you agree to indemnify us for any costs we incur in defending against that claim, including reasonable attorneys’ fees, court costs, and damages.

Disputes Between Members: Waiver of Claims Against Techs4Techs. In the real world and online, members of a community sometimes disagree. If you have a dispute with another Techs4Techs member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that Techs4Techs is not responsible for the actions of its members; each member is responsible for their own actions and behavior. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”


General. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not (i) located in a country that is subject to a U.S., Irish or EU, Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.



Last updated: September 21, 2018