The Technodroidz website located at https://technodroidz.in/ is a copyrighted work
belonging to Technodroidz LLP. Certain features of the Site may be subject to additional
guidelines, terms, or rules, which will be posted on the Site in connection with such
All such additional terms, guidelines, and rules are incorporated by reference into these
use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE
TERMS and you represent that you have the authority and capacity to enter into these Terms.
YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE
WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE
These terms require the use of arbitration Section 10.2 on an individual basis to resolve
disputes and also limit the remedies available to you in the event of a dispute. These Terms of
Use were created with the help of the Terms Of
Access to the Site
Subject to these Terms. Company grants you a non-transferable,
non-exclusive, revocable, limited license to access the Site solely for your own personal,
Certain Restrictions. The rights approved to you in these Terms are
subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute,
host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works
of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not
access the Site in order to build a similar or competitive website; and (d) except as expressly
stated herein, no part of the Site may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means unless otherwise
indicated, any future release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright and other proprietary notices on the Site must be retained
on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to
you. You approved that Company will not be held liable to you or any third-party for any
change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no
obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual
property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its
content are owned by Company or Company’s suppliers. Note that these Terms and access to
the Site do not give you any rights, title or interest in or to any intellectual property rights, except
for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all
rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party
websites and services, and/or display advertisements for third-parties. Such Third-Party Links &
Ads are not under the control of Company, and Company is not responsible for any Third-Party
Links & Ads. Company provides access to these Third-Party Links & Ads only as a
convenience to you, and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at
your own risk, and should apply a suitable level of caution and discretion in doing so. When you
click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply,
including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its
own User Content. Because we do not control User Content, you acknowledge and agree that
we are not responsible for any User Content, whether provided by you or by others. You agree
that Company will not be responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any Site user, we are under no obligation to
You hereby release and forever discharge the Company and our officers, employees,
agents, successors, and assigns 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, that has arisen or arises directly or indirectly out of, or
that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive
California civil code section 1542 in connection with the foregoing, which states: “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.”
The site is provided on an “as-is” and “as available” basis, and company and our suppliers
expressly disclaim any and all warranties and conditions of any kind, whether express, implied,
or statutory, including all warranties or conditions of merchantability, fitness for a particular
purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not
guarantee that the site will meet your requirements, will be available on an uninterrupted, timely,
secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code,
complete, legal, or safe. If applicable law requires any warranties with respect to the site, all
such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion
may not apply to you. Some jurisdictions do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be
liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute
products, or any indirect, consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or incapability to use the site even if
company has been advised of the possibility of such damages. Access to and use of the site is
at your own discretion and risk, and you will be solely responsible for any damage to your
device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained
herein, our liability to you for any damages arising from or related to this agreement, will at all
times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one
claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind
arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in
full force and effect while you use the Site. We may suspend or terminate your rights to use the
Site at any time for any reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under these Terms, your Account and
right to access and use the Site 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. Company will not have any liability whatsoever to you for any termination of
your rights under these Terms. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and
Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Site do the
same. In connection with our Site, we have adopted and implemented a policy respecting
copyright law that provides for the removal of any infringing materials and for the termination of
users of our online Site who are repeated infringers of intellectual property rights, including
copyrights. If you believe that one of our users is, through the use of our Site, unlawfully
infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed,
the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c))
must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you
request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not
authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of
perjury, that you are either the owner of the copyright that has allegedly been infringed or that
you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a
written notification automatically subjects the complaining party to liability for any damages,
costs and attorney’s fees incurred by us in connection with the written notification and allegation
of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes,
we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or
by prominently posting notice of the changes on our Site. You are responsible for providing us
with your most current e-mail address. In the event that the last e-mail address that you have
provided us is not valid our dispatch of the e-mail containing such notice will nonetheless
constitute effective notice of the changes described in the notice. Any changes to these Terms
will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of the changes on our
Site. These changes will be effective immediately for new users of our Site. Continued use of
our Site following notice of such changes shall indicate your acknowledgement of such changes
and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract
with Company and affects your rights. It contains procedures for MANDATORY BINDING
ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in
connection with the Terms or the use of any product or service provided by the Company that
cannot be resolved informally or in small claims court shall be resolved by binding arbitration on
an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to,
all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you
and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in
interest, successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party
may seek arbitration, the party must first send to the other party a written Notice of Dispute
describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the
Company should be sent to: Platina Heights, C-24, Sector 62, Noida, Uttar Pradesh 201301.
After the Notice is received, you and the Company may attempt to resolve the claim or dispute
informally. If you and the Company do not resolve the claim or dispute within thirty (30) days
after the Notice is received, either party may begin an arbitration proceeding. The amount of
any settlement offer made by any party may not be disclosed to the arbitrator until after the
arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American
Arbitration Association, an established alternative dispute resolution provider that offers
arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree
to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of
the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer
Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at
1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims
or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars
(US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the
option of the party seeking relief. For claims or disputes where the total amount of the award
sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be
determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of
your residence, unless you reside outside of the United States, and unless the parties agree
otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable
notice of the date, time and place of any oral hearings. Any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you
an award that is greater than the last settlement offer that the Company made to you prior to the
initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each
party shall bear its own costs and disbursements arising out of the arbitration and shall pay an
equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If
non-appearance based arbitration is elected, the arbitration shall be conducted by telephone,
online and/or based solely on written submissions; the specific manner shall be chosen by the
party initiating the arbitration. The arbitration shall not involve any personal appearance by the
parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration
action must be initiated and/or demanded within the statute of limitations and within any
deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide
the rights and liabilities of you and the Company, and the dispute will not be consolidated with
any other matters or joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the
authority to award monetary damages, and to grant any non-monetary remedy or relief available
to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue
a written award and statement of decision describing the essential findings and conclusions on
which the award is based. The arbitrator has the same authority to award relief on an individual
basis that a judge in a court of law would have. The award of the arbitrator is final and binding
upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically
more limited, more efficient and less expensive than rules applicable in a court and are subject
to very limited review by a court. In the event any litigation should arise between you and the
Company in any state or federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within
the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and
not on a class basis, and claims of more than one customer or user cannot be arbitrated or
litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly
confidential. The parties agree to maintain confidentiality unless otherwise required by law.
This paragraph shall not prevent a party from submitting to a court of law any information
necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or
Severability. If any part or parts of this Arbitration Agreement are found
under the law to be invalid or unenforceable by a court of competent jurisdiction, then such
specific part or parts shall be of no force and effect and shall be severed and the remainder of
the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this
Arbitration Agreement may be waived by the party against whom the claim is asserted. Such
waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the
termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the
Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may
seek emergency equitable relief before a state or federal court in order to maintain the status
quo pending arbitration. A request for interim measures shall not be deemed a waiver of any
other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims
of defamation, violation of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be
subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to
litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts
located within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree not to export, re-export, or transfer, directly or
indirectly, any U.S. technical data acquired from Company, or any products utilizing such data,
in violation of the United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may
report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and
Company use electronic means, whether you use the Site or send us emails, or whether
Company posts notices on the Site or communicates with you via email. For contractual
purposes, you (a) consent to receive communications from Company in an electronic form; and
(b) agree that all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any legal obligation that
such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you
and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of
these Terms shall not operate as a waiver of such right or provision. The section titles in these
Terms are for convenience only and have no legal or contractual effect. The word “including”
means “including without limitation”. If any provision of these Terms is held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other. These Terms, and your rights
and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred
by you without Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. Company may freely
assign these Terms. The terms and conditions set forth in these Terms shall be binding upon