http://www.teckedin.com/PrivacyPolicy)—(together, “Agreement”) is between
Records and Data Management, Inc., a New Mexico corporation (“Company” or
“we”) and technology user (“User” or “you”) that has decided to use the
Company’s services; any Company website or app; or any features, products,
graphics, text, images, photos, audio, video, computer code, or all other
forms of data and communications (collectively, “Content”) made available
by the Company (together, “Services”).
By using the Services in any way, you agree to be bound by thE Agreement.
If you do not accept and agree to be bound by all of the terms of the
Agreement, do not use the Services.
The Agreement is subject to change by the Company at any time. It is your
responsibility to check periodically for any changes. Continued use of the
Services shall constitute acceptance of the new, updated, or amended
I. Description of the Services
The Company, through the website Teckedin.com, provides a website/platform
for technology users (such as business executives, solution providers, and
integrators) (“Users”) and technology providers (“Providers”). Users can
search and read content concerning technology and technology providers, and
save that content to individual electronic storage. Providers can upload
content and obtain stats on user activity. Users and Providers can interact
by Users subscribing to Providers (and their content) and by Users
requesting additional information from Providers through the Services.
Furthermore, the Company provides an online forum to organize and execute
trade shows for Providers and Users to present and discuss technology.
II. Your Use of the Services
A. Your Representations and Eligibility to Use Services
By registering and using the Services, you represent and warrant you: (i)
have the authority and capacity to enter the Agreement; (ii) are 18 years
or older; (iii) are not precluded or restricted in anyway by any laws from
using the Services and Content; and, (iv) are not otherwise precluded or
ineligible to use the Services and have not been previously suspended from
using the Services under any name or entity.
B. Truthfulness of Information
You confirm all information you submit when using the Services is complete,
accurate, and truthful. You are responsible for maintaining the
completeness, accuracy, and truthfulness of such information.
C. Limited Use of Services
The Services are only for the uses specified in the Agreement. You may not
use the Services or any Content contained in the Services in connection
with any commercial endeavors outside of the Services and the Agreement.
The Company reserves the right to investigate and take legal action in
response to illegal and/or unauthorized uses of the Services, including
illegal use of Content and unauthorized access of or linking to the
D. No Infringement: Company
You agree that the Company’s Services contain proprietary information and
material that is owned by the Company and is protected by applicable
intellectual property and other laws, including but not limited to
trademark, copyright, patent, and trade secret laws. The Company’s
ownership extends to all content (except Provider’s content, which is owned
by the Provider and licensed for use by the Company), features, and
functionality on the website or app, and in Company communication that is
protected or protectable under the law. You agree that you will not use
such proprietary information or materials in any way whatsoever except for
use of the Services in compliance with the Agreement. No portion of the
Services may be reproduced in any form or by any means, except as expressly
permitted in the Agreement or otherwise in writing by an authorized agent
of the Company. You agree not to modify, rent, lease, loan, sell,
distribute, or create derivative works based on the Services in any manner,
and you shall not exploit the Services in any unauthorized way. In no way
should your use of the Services be construed to diminish the Company’s
intellectual property rights or be construed as providing you a license or
the ability to use the Services in any context other than as expressly
permitted under the Agreement.
E. User-Stored Content
Users are able to save various articles and contents to individual
electronic storage. Such storage is not a guarantee of continued access to
that content; the Company, in its sole discretion, may decide to remove
content from its Services or from storage of a User, particularly where
that content engages in prohibited activities under these terms.
F. Prohibited Activities
You shall not engage in the following activities:
1. Use the Services for any unlawful activities or in violation of any
laws, regulations, or contractual provisions, or to induce others to do or
engage in the same;
2. Use the Services to promote violence, degradation, subjugation,
discrimination or hatred against individuals or groups based on race,
ethnic origin, religion, disability, gender, age, veteran status, sexual
orientation, or gender identity;
3. Use the Services to display, retain, or circulate any inappropriate or
objectionable content, in the sole discretion of the Company;
4. Access an account without permission of the accountholder or Company;
5. Publish or allow to be published malicious code intended to damage any
mobile device, browser, computer, server, or network hardware;
6. Spam any comments section with offers of goods and services, or
7. Use manual or automated software, devices, or other processes to
“crawl,” “scrape,” or “spider” any portion of the Services;
8. Decompile, reverse engineer, or otherwise attempt to obtain the source
code of the Services;
9. Use, save, or post content which violates another’s intellectual
property rights, including trademarks, copyright, and republication and
retention restrictions; and,
10. Solicit passwords or personal identifying information for commercial or
unlawful purposes from other users or disseminate another person’s personal
information without his or her permission.
The Company does not provide any guarantees or endorsements of, or review
for accuracy or appropriateness, any content, materials, or information
provided by Users, Providers, or third parties. You accept all risks
relating to any reliance on any content, materials, or information, or any
association with any User, Provider, or third party.
B. Disclaimer of Warranties
All information and services are provided on an “as is” basis without
warranty of any kind, either express or implied, including, but not limited
to, the implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. In addition, the Company makes no warranty
that access to the Services will be uninterrupted, secure, complete, error
free, or meet your particular requirements.
C. Waiver of Liability
You waive any liability of or claims against the Company for any injuries
or damages (including compensatory, punitive, special, or consequential
damages) you sustain as a result of or associated with using the Services
or Content. You waive any claim or liability stemming from the negligence
of the Company. You also waive any liability of the Company based upon the
negligence, recklessness, intentional acts, or accidental conduct of users
or any third party. You understand the Company does not control or
investigate its users or third parties.
D. Scope of Waiver
You understand and agree the above waiver extends to any claim of any
nature or kind, known or unknown, suspected or unsuspected, regardless of
when the claim first existed. This includes waiver of a claim of the type
identified under California Civil Code, Section 1542, which provides: “A
general release does not extend to claims which the creditor does not know
or suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his or
her settlement with the debtor.”
If the Company is subject to complaint, demand, mediation, arbitration,
litigation, or other pursuit based upon your conduct stemming from use of
the Services, Content, or related activities, you agree to indemnify the
Company for all costs, expenses, and fees (including attorneys’ fees by the
attorneys of the Company’s choice) it expends in defending itself against
or otherwise addressing such pursuit. Such conduct or use includes, but is
not limited to, violation of the Agreement or any other terms or conditions
of the Company; misuse of the Services or Content; interactions with other
users or third parties; use of intellectual property on or through the
Services; and any such actions performed by an agent, entity, or
representative on your behalf. You agree to indemnify the Company as soon
as the Company incurs the costs, expenses, and fees, whether those are
billed by event, or in week, month, or some other interval.
IV. Termination and Content Rights
A. Right to Remove Content
The Company reserves an unrestricted right to remove any content at any
time without advanced notice.
B. Right and Grounds to Terminate Your Access
To protect the Company and its Users and Providers, the Company reserves an
unrestricted right to refuse, terminate, block, or cancel your access to
and involvement with the Services at any time, with or without cause. You
acknowledge here that you have no right to use of the Services should the
Company terminate or suspend your access. Primary reasons warranting
termination (and primary reasons leading to suspension pending
investigation of claims or evidence of the following) include:
1. Violating any of the provisions of the Agreement;
2. Hindering or interfering with the Company in providing its Services;
3. Making misrepresentations, lying, or deceiving the Company, or other
Users or Providers; and,
4. Using the Services or Content in violation of any international,
federal, state, or local law, or applicable regulation, rule, or order by
any regulatory, governing, or private authority, or a court of competent
C. No Right to Services
You neither possess nor retain any ownership of or rights to the Services
or any content generated by the Company.
User may terminate User’s account by written notice to the Company at any
E. Content after Termination—Users
Upon termination of Services—either by the Company or through your
cancellation—you will have thirty days to notify the Company, in writing,
that you wish to save the information stored in your individual electronic
storage and pay the then-current fee for transfer, as set by the Company.
The fee must be paid within the notification period. Transfer of the
content of your storage is for your personal viewing. Transfer does not
convey any rights or ownership of such content beyond possession for your
personal viewing. Should it come to the attention of the Company, in its
sole discretion, that you intend to use the content for any other use, the
Company reserves the right to refuse transfer.
After termination, the Company retains all rights to content as specified
If you believe any content on the Company’s website infringes on your
copyright, you may request the content’s removal by contacting the
following address: firstname.lastname@example.org. The Company will respond to all
requests in a timely manner.
B. Successors and Assignees
The Company may assign the Agreement at any time. You may not assign the
Agreement without express written permission from the Company.
You agree that any waiver or protections afforded to the Company are also
provided to its affiliates, directors, officers, principals, employees,
agents, and successors in their role and relationship with the Company. You
also acknowledge that all waivers and agreements bind not only you, but any
successors, heirs, agents, and other representatives.
The exclusive means of resolving any dispute or claim arising out of or
relating to the Agreement (including any alleged breach), or the Services,
shall be binding arbitration administered by the American Arbitration
Association. You may not under any circumstances commence or maintain
against the Company any class action, class arbitration, or other
representative action or proceeding. Parties understand and accept that, by
agreeing to arbitration, Parties are foregoing their access to a trial by
D. Governing Law and Venue
The Agreement will be governed by and construed in accordance with the laws
of the State of Colorado. The venue for any disputes including mediation,
arbitration, or litigation shall be Denver, Colorado. Each party agrees to
waive the following defenses to any action brought in Colorado:forum non conveniens and lack of
If one party waives any term or provision of the Agreement at any time,
that waiver will only be effective for the specific instance and specific
purpose for which the waiver was given. If either party fails to exercise
or delays exercising any of its rights or remedies under the Agreement or
provision at a later time.
unenforceable, whether by the decision of an arbitrator or court, by
passage of a new law, or otherwise, the remainder of those agreements will
remain in effort and be construed and enforced consistent with the purpose
of those agreements.
G. Understanding of Agreement
You acknowledge that you understand the terms and conditions of the
Agreement. You also acknowledge that you could discuss these provisions
with a lawyer at your own expense prior to entering into the Agreement, and
have either done so or chosen not to do so in entering the Agreement.
Regardless of your choice, you intend to be fully bound by the Agreement.
H. Entire Agreement
the entire agreement between the Company and you, and supersedes all prior
agreements, representations, and understandings, oral or written, between