Thank you for using our services (“Services”), which are owned and provided by TechWell Corporation (“TECHWELL”) located at 841 Prudential Drive, 12th Floor, Jacksonville, FL 32207, USA.
By using our Services, including www.TechWell.com, its sub-domains, community websites (StickyMinds.com, AgileConnection.com, CMCrossroads.com), SQETraining.com, and any other URLs or domains that TECHWELL may deploy (collectively, the “Sites”), you are agreeing to these terms. Please read them carefully.
This agreement is in effect as of September 19, 2015.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our Sites and accessing the information, resources, services, products, and tools we provide for you (hereafter referred to as “Resources”), either directly or indirectly, you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
You agree to abide by the following rules with respect to the Sites:
- Do not submit or post any message or item anonymously or under a false name.
- Do not submit or post any information or file containing a virus or any other contaminating features.
- Do not submit or post any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or otherwise objectionable item of any kind.
- Do not submit or post messages of a personal nature or disclose private information about any person.
- Do not submit or post information that does not pertain to the topic or subject area.
- Do not submit or post any information that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right.
- Do not submit or post any information that includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings.
- Do not submit or post any information you do not have the right to submit, post, disseminate, or transmit.
Further, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process or as part of your ability to use the Resources. You agree that any information you provide will always be accurate and correct.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks where our Sites and Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and you may incur criminal or civil liability.
g. We may provide various “open communication tools” on our Sites, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Sites, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language
ii. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party
iii. contains any type of unauthorized or unsolicited advertising
iv. impersonates any person or entity, including any TechWell.com employee or representative.
We have the right at our sole discretion to remove any content that, in our judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.
i. You agree to indemnify and hold harmless TECHWELL and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our Sites, you understand and agree that all Resources we provide are “as is” and “as available.” This means that we do not represent or warrant to you that:
i. the use of Resources will meet your needs or requirements.
ii. the use of Resources will be uninterrupted, timely, secure, or free of errors.
iii. the information obtained by using Resources will be accurate or reliable.
iv. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v. any content downloaded or otherwise obtained through the use of Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi. no information or advice, whether expressed, implied, oral or written, obtained by you from TECHWELL or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
You expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of TECHWELL Resources, products, and/or services. TECHWELL will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on Sites, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of TECHWELL and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site, is strictly prohibited, unless specifically authorized by TECHWELL.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Sites and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
TECHWELL Sites are controlled by TECHWELL from our offices located in the state of Florida, USA. The Sites can be accessed by most countries worldwide. As each country has laws that may differ from those of Florida and the USA, by accessing our Sites, you agree that the statutes and laws of Florida and the USA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of our Sites and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the Federal or State courts located in Florida, USA. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, TECHWELL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
If you have any questions or comments about our Terms of Service as outlined above, contact us at:
841 Prudential Drive, 12th Floor
Jacksonville, FL 32207