Terms of service

TERMS OF SERVICE

Last Updated: January 20, 2023

Techless provides applications for mobile phones that include a web portal for  management. The Techless Software and Services consist of Techless branded software applications that are installed onto Your child’s mobile phone and a server network infrastructure system (the “System”) that is deployed on the Internet and managed by Us and our server hosting service providers to provide you access to the Techless Family Portal and is offered at www.techless.com.  The Service and the Site may be collectively referred to herein as the “Platform”  The Service is owned and operated by Techless, LLC (“Company” or “we” or “us”).

Your use of the Service is subject to the terms and conditions set forth in this Terms of Service  (the “Terms of Service” “Terms” or “TOS”). 

PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR  USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE  READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS TOS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE  AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS  EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF  SERVICE.

Updates to Terms of Service; Integration. We may, in our sole discretion, modify the  Terms of Service by posting a notice on the Terms of Service page. The “Last Updated” date  at the top the Terms of Service indicates when the latest modifications were made to the  TOS. By continuing to access and use the Service you agree to any such modifications.  Therefore, you are responsible for reviewing and should become familiar with any such  modifications. You are encouraged to review this Terms of Service periodically and to check  the “Last Updated” date at the top of the Terms of Service for the most recent version. In  addition, when using services or features on the Site, you will be subject to any posted  guidelines or policies applicable to such services or features that may be posted from time to  time, including but not limited to our Privacy Policy, as noted below. All such guidelines or  policies are hereby incorporated by reference into this Terms of Service.

Service Availability. 

The Service may be modified, updated, interrupted, suspended or discontinued at any time,  in the sole discretion of the Company, without notice or liability. The Service may be  unavailable at certain periods, including but not limited to systems failures, anticipated or  unanticipated maintenance work, upgrades or force majeure events.

The Company reserves the right, at any time, in its sole discretion to modify, temporarily or  permanently block access to, suspend, or discontinue the Service, in whole or in part, with or  without notice and effective immediately to any User. 

The Company will have no liability whatsoever for any losses, liabilities or damages you may  incur as the result of any modification, suspension, or discontinuation of the Service or any  part thereof.

Privacy Policy. Use of the Service is subject to the terms of our Privacy Policy which is  hereby incorporated into and made part of this Terms of Service. Please carefully review our  Privacy Policy. By using or accessing the Service, you agree to be bound by the terms of our  Privacy Policy. 

Age. The Service is meant for those at least eighteen (18) years of age. Use of the Service by  anyone under this age is a violation of the Terms of Service.

Intellectual Property. 

You acknowledge that all the intellectual property rights in the Service, including, but not  limited to, copyrights, patents, trademarks, and trade secrets, the website design, application  design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans,  logos, and other indicia of origin that appear on or in connection with any aspect of the Service  are either the property of the Company, its affiliates or licensors. and other files and the  selection and arrangement thereof (collectively the “Materials”) and are subject to and  protected by United States and international copyright and other intellectual property laws  and rights. All rights to Materials not expressly granted in these Terms of Service are  reserved to their respective copyright owners. 

Subject to this TOS, the Company grants you a limited non-transferable, non-exclusive,  revocable, non-sublicensable licence to use and access the Service solely for your own personal  or internal business purposes. You will not obtain any ownership interest therein through  this Terms of Service or otherwise. 

Company authorizes you to view, download and/or print the Materials provided that you keep  intact all copyright and other proprietary notices contained in the original Materials. Except  as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute,  republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative  works or otherwise use any of the Materials in any form or by any means, without the prior  written authorization of Company or the respective copyright owner. In the absence of a  written agreement, you may not modify or adapt the Materials in any way or otherwise use  them for any public or commercial resale purposes. The Company retains the right to rescind  and terminate the limited license granted hereunder at any point, for any reason. The  Company reserves the right to enforce its intellectual property rights fully under United  States and international law.

Some of the company and product names, logos, brands, and other trademarks featured or  referred to within the Service may not be owned by us and are the property of their respective  trademark holders. These trademark holders are not affiliated with, nor do they sponsor or  endorse the Service.

Use of the Service, General

In order to use the Service you may be required to create an account to use the Service and/or  take advantage of certain features, you agree to:

  1. provide true, accurate, current and complete information about yourself as prompted by the Service;
  2. as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to  suspend or terminate your account and prohibit all current or future use of the Service  by you; and 
  3. that your account is for your personal and/or business use. You may not resell the Service. d. by creating an account, you agree to receive certain communications in connection with the Service.

You are responsible for maintaining the confidentiality of the password and account and are  fully responsible for all activities that occur under your account. Your account is meant to be  private and you shall not share accounts for any reason. You agree to immediately notify us  of any unauthorized use of your password or account or any other breach of security. You  agree to be responsible for all charges resulting from the use of your account via the Service,  including charges resulting from unauthorized use of your account.

You may not impersonate someone else, create or use an account for anyone other than  yourself, provide an email address other than your own, or create multiple accounts. 

You agree to use the Service only for lawful purposes and that you are responsible for your  use of and communications and content you may post via the Service. You agree not to post  or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene,  profane, indecent, offensive, hateful or otherwise objectionable material of any kind,  including any material that encourages criminal conduct or conduct that would give rise to  civil liability, infringes upon others’ intellectual property rights, impersonates any individual  or entity, or otherwise violates any applicable law. You agree not to solicit personal  information from minors. You agree not to use the Service in any manner that interferes with  its normal operation or with any other user’s use of the Service.

You may not do any of the following while accessing or using the Service: 

  1. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
  2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  3. access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; 
  4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or 
  5. disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service.

You may not use manual or automated software, devices, or other processes to “crawl,”  “scrape,” or “spider” any page of the Service. You will not decompile, reverse engineer, or  otherwise attempt to obtain the source code of any part of the Service.

You further agree that you will not access the Service by any means except through the  interface provided by Company for access to the Service. Creating or maintaining any link  from another application to any page at the Service without the prior authorization of  Company is prohibited. Running or displaying the Service, or any information or material  displayed via the Service in frames or through similar means on another website or  application without the prior authorization of Company is prohibited. Any permitted links to  the Service must comply with all applicable laws, rule and regulations.

Company makes no representation that Materials contained, described or offered via the  Service are accurate, appropriate or available for use in any particular jurisdiction or that  these Terms of Service comply with the laws of any specific country. Visitors who use the  Service do so on their own initiative and are responsible for compliance with all applicable  law. You agree that you will not access the Service from any territory where its contents are  illegal, and that you, and not the Company Parties, are responsible for compliance with  applicable law.

Your use of the Service is at your own risk, including the risk that you might be exposed to  content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Mobile Application

To use our Mobile Application, you must have a mobile device that is compatible with the  Mobile Application. Company makes no representation that the Mobile Application will be compatible with your mobile device. You may incur charges from your wireless provider while  using the Mobile Application, which we shall not be responsible for. You agree that you are  solely responsible for any such charges.

We may, from time to time, release upgraded versions of the Mobile Application, and  depending on your mobile device settings, automatically electronically upgrade the version  of the Mobile Application that you are using on your mobile device. You consent to such  automatic upgrading on your mobile device and agree that the Terms of this Agreement will  apply to all such upgrades. 

Third Party Websites 

In the event we include links via the Service to Third-Party websites (including  advertisements), which may include products, goods, services or information offered therein,  these are provided only as a convenience. If you clickthrough using these links to other  websites, you may leave our Site. We do not control nor endorse any such Third-Party  websites. You agree that the Company Parties, as defined below, will not be responsible or  liable for any content, products, goods, services or information provided or available via any  Third-Party website or for your use or inability to use a Third-Party website.

  1. You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party websites linked from our Site, might contain material or information: 
  2. that some people may find offensive or inappropriate;
  3. that is inaccurate, untrue, misleading or deceptive; or,
  4. that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.

We expressly disclaim any responsibility for the content, legality, decency or accuracy of any  information, and for any content, products, goods, services or information, that appear on any  Third-Party website or in advertisements or content that Third Parties may have listed or  offered on our Site.

Your interactions with Third Parties found on or through the Service, including payment and  delivery of goods or services, if any, conditions, warranties or representations associated with  such matters are solely between you and the Third Parties, except as may be otherwise stated  herein. You acknowledge and agree that Company is not a party to any transactions you  may enter into, except as may otherwise be stated herein, using the Service and we shall not  under any circumstances be liable for any damages of any kind arising out of, or in connection  with, or relating to, the content, products, goods, services or information of a Thirty-Party.

User Content

“User Content” means any and all information and content that a user submits to, or uses  with, the Services, including but not limited to, content in the user’s profile or postings. You  may choose to enter this information manually or, where available, synchronize with a third party website. The Company does not verify the accuracy or completeness of User Content  and these may therefore be subject to errors.

You are solely responsible for your User Content. You assume all risks associated with use  of your User Content, including any reliance on its accuracy, completeness or usefulness by  others, or any disclosure of your User Content that personally identifies you or any third  party. You hereby represent and warrant that your User Content does not violate any of the  Terms of Service.

You may not represent or imply to others that your User Content is in any way provided,  sponsored or endorsed by Company. Because you alone are responsible for your User Content,  you may expose yourself to liability if, for example, your User Content violates this Terms of  Service in any way.

Company does not and is not obligated to backup any User Content, and your User Content  may be deleted at any time without prior notice. You are solely responsible for creating and  maintaining your own backup copies of your User Content.

We may, at our discretion, pre-screen User Content submission and may choose to remove  User Content at any time we see fit. You agree that the Company is not responsible for any  financial loss, liability or damage of any kind that you may incur as a result of our removing  or refusing to publish User Content.

We reserve the right, but have no obligation, to review any User Content, and to investigate  and/or take appropriate action against you in our sole discretion if you violate these Terms  of Service or otherwise create liability for us or any other person. Such action may include  removing or modifying your User Content, terminating your Account, and/or reporting you  to law enforcement authorities.

You understand that the Company is not liable for any third-party communications that you  may receive from third parties or affiliates of the Company, in connection with your account.  You are solely responsible for evaluating and verifying the identity and trustworthiness of  any correspondence you receive. The Company makes no representations or warranties with  regards to the accuracy, trustworthiness or identity of third-party communications.

Suggestions and Improvements. By sending us any ideas, suggestions, documents or  proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or  proprietary information of third parties, (ii) we are under no obligation of confidentiality,  express or implied, with respect to the Feedback, (iii) we may have something similar to the  Feedback already under consideration or in development, and (iv) you grant us an  irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare  derivative works, publish, distribute and sublicense the Feedback, and (v) you irrevocably  waive, and cause to be waived, against the Company Parties and its users any claims and  assertions of any moral rights contained in such Feedback.

 

Device and Usage Information

 

The Techless app installed on a Child Device will send information about certain activities performed on that device, which may include usage of applications, SMS text messages, phone call information, (collectively "Usage Information") and also details about the device and details of Your Child's address book contacts. Additional details about what, how and the purpose for collection of this information and data are contained in the Privacy Policy. You and on behalf of your Child represent that You and your Child are the rightful owners of this information and data. You, on your own behalf and on behalf of your Child, grant us a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to store and use this information and data on our System for purposes set forth in this Agreement.

 

You authorize us to (i) store the Usage Information in our System for about 90 calendar days, (ii) analyze the Usage Information, (iii) generate alerts, notices, and/or reports to You based on our analysis of the Usage Information, and (iii) transmit such alerts, notices, and/or reports to You or Your authorized agent.

 

Upon account deletion, data about and collected from the Child Device including Usage Information, and data about the Parent Device will be promptly deleted from the System (except as may be retained for a period of about 90 calendar days in data retrieval backups, or held for legal purposes).

Term and Termination

Subject to this section, the Terms herein will remain in full force and effect while you use the  Service. We may suspend or terminate your rights to use the Service (including your account)  at any time for any reason, or no reason, at our sole discretion, including for any use of the  Service in violation of these Terms. We shall attempt to contact you, however we are under  no obligation to do so, prior to any termination by us.

Upon termination of your rights under these Terms, your Account and right to access and  use the Service will terminate immediately. You understand that any termination of your  account may involve deletion of your User Content associated with your account from our live  databases.

The Company will not have any liability whatsoever to you for any termination of your rights  under these Terms, including for termination of your account or deletion of your User  Content. You may terminate your use of the Company Service at any time. In order to  terminate your use of the Service you must contact customer service by email to support@

techless.com. You are responsible for fees paid for the Service through the date of  termination; no fees shall be refunded.

Representations. You expressly acknowledge, represent, warrant, and agree that you  understand: 

The information contained herein is for informational purposes only and is not intended as  nor should be construed as advice or recommendations and are not guaranteed to produce  results.

Company does not warrant or guarantee the suitability or availability of any material or  content, including without limitation any, data, products or services, found through the  Service.

Company does not screen the authenticity or quality of any material or content or any  provider of material or content, including, data, products or services found through the  Service.

Company makes no representations or promises regarding any material or content, and that  some of the material or content provided via the Service may be owned or licensed by Third  Parties.

Company is not a party to any transaction between you and any provider of products or  services via the Service except as may be specifically stated herein. Any dispute shall be  resolved between yourself and the provider of such products or services or your customer.

Any information, including any data, Company Materials, or content on the Site, including  on any Company Facebook, Instagram or Twitter or other social media pages, are for  informational purposes only.

You assume all risk when using the Service, including all the risks associated with any online  or offline interactions with other users, providers of products and services, and from  additional fees or charges from your mobile carrier.

You are of legal age to form a binding contract and are at least the age as noted earlier herein,  or of the age of majority where you reside, or you have the authority of such legal entity to  form a binding contract; all registration information you submit is accurate and truthful; you  will maintain the accuracy of such information; and you are legally permitted to use and  access the Service and take full responsibility for the selection and use of and access to the  Service.

Indemnification 

You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries  and other affiliated companies, and their respective officers, directors, employees, agents and  other representatives (collectively, the “Company Parties”) against all claims, demands,  causes of action, losses, expenses, damages and costs (including any reasonable attorneys’  fees), resulting or arising from or relating to your use of the Service, any activity related to  your account by you or any other person permitted by you, any Content that you submit to,  post on or transmit through the Service, your breach of this Terms of Service, your  infringement or violation of any rights of another, or termination of your access to the Service.  We reserve the right to assume, at our sole expense, the exclusive defense and control of any  such claim or action and all negotiations for settlement or compromise, and you agree to fully  cooperate with us in the defense of any such claim, action, settlement or compromise  negotiations, as requested by us.

You hereby release and forever discharge the Company Parties from, and hereby waive and  relinquish, each and every past, present and future dispute, claim, controversy, demand,  right, obligation, liability, action and cause of action of every kind and nature (including  personal injuries, death, and property damage), that has arisen or arises directly or indirectly  out of, or that relates directly or indirectly to, the Service, including any interactions with, or  act or omission of, other Service users or any Third-Party sites, including but not limited to:

(i) your use of the Service, (ii) any activity related to your accounts by you or any other person,  (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another,  (v) your violation of applicable laws or regulations, or (vi) your User Content.

Company reserves the right, at your expense, to assume the exclusive defense and control of  any matter for which you are required to indemnify us, and you agree to cooperate with our  defense of these claims. You agree not to settle any matter without the prior written consent  of Company. Company will use reasonable efforts to notify you of any such claim, action or  proceeding upon becoming aware of it.

Warranties, Disclaimers and Limitations of Liability. You expressly understand and  agree that:

Your use of the Service is at your sole risk. The Service and the associated materials and  content are provided on an “as is” and “as available” basis. The Company, its parents,  subsidiaries and other affiliated companies, and their respective officers, directors,  employees, agents and other representatives (collectively, the “Company Parties”), expressly  disclaim all warranties of any kind, whether express or implied, including, but not limited  to, implied warranties of merchantability, fitness for a purpose and non-infringement.  Without limiting the generality of the foregoing, the Company Parties make no warranty  that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted,  timely, secure, or error-free; (iii) information that may be obtained via the Service will be  accurate or reliable; (iv) the quality of any and all products, services, information or other  materials, including all merchandise, products, goods or services, obtained or purchased by  you directly or indirectly through the company Service will meet your expectations or needs;  and (v) any errors in the Service will be corrected.

The Company Parties shall not under any circumstances be liable for any damages of any  kind arising out of, in connection with or relating to the use of or inability to use the Service,  including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate  information or any ‘bug’ of the Service; (iii) for any unauthorized access to or disclosure of  your transmissions or data; (iv) for statements or conduct of any third party on or via the  Service; (v) for any disputes between users of the Service or between a user of the Service  and a Third Party; or (vi) for any other matter relating to the Service or any Third Party.  This is a comprehensive limitation of liability that applies to all damages of any kind,  including any direct, indirect, special, incidental or consequential damages, whether based  on breach of contract, breach of warranty, tort (including negligence), product liability or  otherwise, even if an individual advises the Company Parties of the possibility of such  damages. The limitations of liability set forth herein are fundamental elements of the basis  of the bargain between Company and you. The products, information and services offered on  and through the Service would not be provided to you without such limitations.

Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties  for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall  be limited to the charges paid by you directly to company via the service, if any, for services  provided solely and directly by Company to you in the three (3) months prior to such cause

or claim or alternatively if there were no charges paid to the Company a maximum of One  Hundred Dollars ($100).

You agree that regardless of any statute or law to the contrary, any claim you may bring  must be filed within one (1) year after the cause of action occurred or it will be permanently  barred.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or  exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers  and limitations may not apply to you.

If you are a California resident, you shall and hereby do waive California Civil Code Section  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.”

Purchases and Payments

Purchase of Services. Your contract for the purchase of Services, if any, is completed once you  confirm your purchase and performance of this contract begins as soon as the purchase is  complete. 

Pricing. Pricing and availability of all Services for sale, if any, displayed through the Site are  subject to change at any time before you click the button indicating that you want to purchase  such Services.

Payment Processing Methods. Company may make available various payment processing  methods to facilitate the purchase of the Service. You must abide by any relevant terms and  conditions or other legal agreements with third party payment processors, that govern your  use of a given payment processing method. Company may add or remove payment processing  methods at its sole discretion and without notice to you. Once your purchase is complete,  Company or the payment processor may charge your credit card or other payment method  that you provide us for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with  purchases you make via the Service. 

Disputes. In the event you dispute any Services supplied by Company you must notify the  reasons in writing to us at the email address below, within fourteen (14) days of the charge  date, failing which you lose any right to dispute the quality of the Services or value.

Refund Policy

Return Process

For a refund, return your Wisephone within 14 calendar days of the date you received your order. During this period, you may return or exchange your Wisephone for any reason, but must follow this process to receive your refund:

  • Email customer service to start a return.
  • Return ALL equipment acquired in connection with your Wisephone using the return shipping label we will provide within 7 days.
    • Any devices that are returned to Techless are inspected to ensure there are no damages. Please note that any missing components (case if purchased, cord/charger adaptor), as well as any damage to the phone (scratches on the screen, bezel, or back), will result in greater fees up to resale value, which will be subtracted from your refund.
    • Please remember to remove your sim card!
  • Upon receiving your returned device, please allow 3-5 business days for the refund to be processed by Techless.

Refunds

  • If you are returning your order with an unopened box, you will be charged for shipping costs ($14.95) plus any applicable fees.
  • If you are returning your order with an opened box and the device has been used in any matter, you will be charged a shipping cost ($14.95) plus a $34 repackaging fee.

    Additional information

    • Refunds and exchanges will be less any discounts or referral codes, if applicable.
    • Return ALL equipment acquired in connection with your Wisephone using the return shipping label we will provide within 7 days.
      • If you do not return your phone or if you return your phone in a damaged or altered condition, we may take one or more of the following actions:
        • Prevent your Wisephone™ from working;
        • Charge you the cost to repair a damaged or altered phone; or
        • Charge you the suggested retail price of a destroyed or altered phone, or a non-returned Device, (which may be greater than the price you paid), plus any shipping and handling charges.
      • You are responsible for any charges incurred prior to service cancellation, including roaming, long distance, taxes, control charges, regulatory program fees, and other fees.

    If any items (a) are returned after the specified return period; (b) have been physically damaged, modified, or damaged by liquids (c) are missing any part(s), you will not receive any credit on your purchase price.

    Procedure for Notifying the Company of Copyright Infringement. Those who believe  that their copyrighted work has been infringed or are aware of other infringing material,  should contact us at the address listed below and provide us with the following information:

    1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
    2. Identification of the copyrighted work claimed to have been infringed.
    3. Information describing where the allegedly infringing material is located on the Service.
    4. Your address, telephone number, and email address.
    5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
    6. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf. The foregoing information may be emailed or mailed to our Copyright Agent at the addresses listed at the end of this Terms of Service.

    Following receipt of the information listed above, in our sole discretion, we will remove or  disable access to the infringing material and take reasonable steps to notify the user  responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.

    Applicable Law and Jurisdiction. Your use of the Service is governed by and will be  enforced under the laws of the State of Texas without regard to its conflict of law provisions.  You agree to submit to the personal and exclusive jurisdiction of the courts located within  the above stated jurisdiction. Any controversy, claim, suit, injury or damage shall be heard

    on an individual basis and shall not be consolidated with any controversy, claim, suit, injury  or damage of any other party. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE  ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE  INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE,  YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS  TO A TRIAL BY JURY.

    Any controversy or claim related to the Service or this Terms of Service shall be first be settled by binding arbitration in accordance with the commercial arbitration rules of the  American Arbitration Association then in effect and before a single arbitrator located in the  aforementioned jurisdiction. You agree that printed copies of any and all agreements and/or  notices in electronic form are admissible in any legal or regulatory proceedings. Company  may seek any interim or preliminary relief from a court of competent jurisdiction in the State  listed above necessary to protect its rights pending the completion of arbitration. Each party  shall assume its own costs of arbitration. 

    Miscellaneous. This Terms of Service constitute the entire agreement between Company  and each user of the Service with respect to the subject matter of these Terms of Service.

    1. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
    2. The failure of the Company Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term  or any other term contained in these Terms of Service. You may not assign your  obligations or rights hereunder to another entity or individual. We may transfer, assign  or delegate these Terms of Service and its rights and obligations without your consent.
    3. We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-

    outs or other industrial disputes (whether involving the workforce of us or any other  party), failure of a utility service or transport or telecommunications network, act of God,  war, riot, civil commotion, malicious damage, compliance with any law or governmental  order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood  or storm.

    1. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
    2. No action arising out of these Terms of Service or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

    Customer Service. If you have any comments or questions regarding these Terms of Service  or wish to report any violation of these Terms of Service, you may contact us at the address below.

    hi@techless.com