Thank you for visiting www.TechHomePro.com, or the Personal Website of your authorized TechHomePro Independent Distributor (“Distributor”) whose name appears on the site (our “Site”). This Site is powered by TechHomePro, LLC (referred to herein as “TechHomePro”) and made available by TechHomePro as a service to your Distributor. All content, information, products and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”). As used herein, the terms “our,” “we,” and “us” refer to both TechHomePro and your Distributor unless the context clearly provides otherwise.
YOUR USE OF OUR SITE, PRODUCTS AND/OR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE OR ANY TechHomePro PRODUCTS OR SERVICES. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE, PRODUCTS, AND/OR SERVICES. IF YOU ARE A DISTRIBUTOR, YOU ARE BOUND BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN YOUR TECHHOMEPRO DISTRIBUTOR AGREEMENT AND THE TechHomePro POLICIES AND PROCEDURES.
1. Use of Site or Use or Purchase of Products or Services Generally
Your use of the Site and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any of the Offerings.
If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site or Offerings, except for the limited warranties that may apply to TechHomePro’ Offerings or as otherwise expressly stated in section 4 of this Agreement (TechHomePro Customer Guarantee).
2. Your User License
You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms. Our Site is hosted in the United States and contains information that is appropriate for access and use in the U.S., Puerto Rico, U.S. Virgin Islands, Guam, and U.S. Territories, possessions, and trusteeships (“Applicable Markets”). We make no representation that any materials on the Site are appropriate or available for use outside the Applicable Markets, and accessing them from territories where their contents are illegal is prohibited. Any references on the Site to specific products or services are applicable only to those available in the Applicable Markets, and any product claims and comparisons to other products on the Site apply within the Applicable Markets only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. We reserve the right to cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.
3. Limitations on Your Use
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without TechHomePro’ prior written permission, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. You may not, without our prior written permission, frame or mirror any material contained on this Site on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited.
In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
4. Customer Guarantee
TechHomePro guarantees the quality of any product which carries the TechHomePro name and certifies that the products manufactured for it meet high quality standards for customer use. We are confident that you will find our products satisfactory in every way. We stand behind the quality of our products and guarantee your satisfaction. However, if for any reason, you are not completely satisfied with any TechHomePro product purchased from TechHomePro.com, we offer an exchange or a full refund (excluding shipping charges). Simply request a refund from TechHomePro within thirty (30) days from your receipt of the product by contacting our Customer Service Department at TechHomePro.com. This guarantee is limited only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused. This satisfaction guarantee does not apply to Distributor purchases for stock or inventory.
You may return items using the Merchandise Product Return form available on the Site or in the packaging information included with each order. Detailed information on returns handling can also be obtained on the Site, or contact us as described in the “Contact Us” section, below, and we will be happy to assist you.
7. Additional Terms
All information, materials, functions and other content (including Submissions as defined in Section 14 below) provided on this Site (collectively “Content”), such as the Site design, text, selection and arrangement of elements, organization, graphics, images, magnetic translation, digital conversion, etc., is our exclusive property or the property of our licensors and is protected by US and international copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, downloaded, posted, displayed, transmitted, modified, or distributed in any way, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise. Any unauthorized use of any material contained in this Site is strictly prohibited.
Unless otherwise noted, all product names, company names, and all other trademarks, service marks, trade dress, trade names, logos (collectively the “Marks”) used and displayed on this Site are our registered and unregistered Marks and the Marks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks displayed on the Site. Our Marks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
For Distributors with a business powered by TechHomePro, your user license includes a revocable right to access and use certain trade secret, confidential, and proprietary business information, which includes, without limitation, genealogical, downline, or Line of Sponsorship (LOS) information (i.e., information compiled by TechHomePro that discloses or relates to all or part of the specific arrangement of sponsorship within the TechHomePro business, including, without limitation, Distributor lists, upline and downline organizations, all Distributor contact and business performance information, and all Customer contact information generated therefrom (Proprietary Information), which may be made available to you on the Site. You acknowledge that TechHomePro is the exclusive owner of all Proprietary Information and agree to maintain all Proprietary Information in strictest confidence and to use it only as authorized by TechHomePro. You agree not to compile, organize access, create lists of, or otherwise use Proprietary Information except as authorized by TechHomePro under the TechHomePro Policies and Procedures, as amended from time to time.
No hyperlinks to this Site are permitted without our prior written consent. If you would like to link to this Site from your web site, please submit via email to CustomerService@TechHomePro.com or fax your request to link to this site to (864) 895-4295. Unless you receive our express written consent, your request to link to this Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of TechHomePro, a web site that links to this Site:
The information and features included in this Site are subject to change at any time without notice. By accessing or linking to this Site (to the extent linking is permissible), you assume the risk that the information on this Site may be changed or removed.
13. Claim of Copyright Infringement
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
By Mail: TechHomePro, LLC
Attn: Copyright Agent
1154 Jordan Road
Lyman, South Carolina 29365
By Email: copyright@TechHomePro.com
By Telephone: (864) 663-0014
By Fax: (864) 895-4295
We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
15. Public Forums and Communication
“User Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function. User Forums are provided to give users a forum to express their opinions and share their ideas and information.
You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your User ID, username or otherwise by you in any User Forum and for the consequences of submitting and posting the same. The individual who posts content in the User Forums (“Community Content”) is responsible for the reliability, accuracy, and truthfulness of such content, and we have no control over the same. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
This means that you, and not us, are solely responsible for all Community Content that you upload, post, transmit, or otherwise make available through or on the Site. You are also solely responsible for all Community Content posted under your user account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the content that you post; (ii) that the content is accurate and truthful; (iii) use of the Community Content you supply does not violate these Terms; (iv) the Community Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the Community Content will not cause injury to any person or entity. If we determine, in our sole discretion, that any Community Content submitted by you is offensive or inappropriate, we may remove it immediately or ask you to retract or modify the Community Content in question. If you fail to meet our request within the time specified, we may remove the Community Content. We have no obligation, however, to restrict or monitor Community Content in any way.
Should Community Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. You understand that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidence on the part of TechHomePro, and we shall not be liable for any use or disclosure of any Community Content. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
We do not and cannot review every message posted by users in the User Forums, and TechHomePro is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. You acknowledge that we are under no obligation to pre-screen Community Content. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our users or the public. In no event do we assume any obligation to monitor the User Forums or remove any specific material.
Any material, information, or idea you submit to us or the Site by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. We have no obligation to keep any submissions confidential, return any materials that you submit to us, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to us.
You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any User Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any User Forum and we specifically disclaim any and all liability in connection therewith. We do not control the Community Content posted on or through the Site and, therefore, we do not guarantee the accuracy, integrity, or quality of such Community Content. You are solely responsible for any use or reliance on the Community Content, including on its accuracy, completeness, or usefulness. Under no circumstances will we be liable in any way for any Community Content, including, but not limited to, any errors or omissions in any Community Content, or for any loss or damage of any kind incurred as a result of the use of any Community Content posted, transmitted, or otherwise made available through the Site.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
We do not claim ownership of the Community Content you upload, place, or post through the Site. You are responsible for protecting your rights in such Community Content and are not entitled to our help in protecting such Community Content. By uploading, placing, or posting Community Content through the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, under all intellectual property and other rights, including, without limitation, privacy and publicity, to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, transmit, exploit, create derivative works from the Community Content (in whole or in part), and incorporate such Community Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant us and our sub-licensees the right to use the name that you submit in connection with such Community Content, if we choose. You hereby irrevocably waive any claims based on “moral rights” and similar theories, if any. Please note, however, that certain activities (e.g., contests) that involve the submission of Community Content by you may have terms applicable to your Community Content that differ from those above. In the event such terms differ with these terms, such terms will govern and have precedence over these terms with respect to your Community Content.
16. Rules of Conduct
Your Authorization to Use the Site. Your authorization to use the Site and contribute to it depends on your compliance with community standards and the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of the Site and/or take other appropriate measures to enforce these community standards and conduct guidelines. The following is a non-inclusive list of behaviors that are not permitted on the Site. By using the Site, you agree that you will not upload, post, transmit, submit, distribute, or otherwise make available to the Site any Submission that:
17. Removal of Submissions
TechHomePro is committed to the safety of our children. Persons under the age of 18 may not enroll as TechHomePro Distributors or register as Customers. Children under the age of 13 may not purchase products through any of our Websites. TechHomePro does not solicit or knowingly collect personally identifiable information from children under the age of 13.
20. Disclaimer of Warranties; Waiver of Subrogation, Counterclaim and Class Action
ALL CONTENT OR OFFERINGS INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS PROVIDED IN THE CUSTOMER GUARANTEE IN PARAGRAPH 4. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT, EXCEPT AS PROVIDED IN THE CUSTOMER GUARANTEE IN PARAGRAPH 4. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. YOU WAIVE THE RIGHT TO BRING A COUNTERCLAIM OR CLASS ACTION AGAINST TechHomePro, ITS EMPLOYEES, AGENTS, SUBCONTRACTORS, AND MANUFACTURERS OF ITS EQUIPMENT. You hereby waive all claims for recovery against TechHomePro for any loss or damage to any property or loss insured under valid or collectible insurance policies. This waiver of subrogation right shall extend to all forms of subrogation, including, but not limited to, equitable and conventional subrogation, and shall be binding on any and all assignees or subrogees of your rights. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Site is not intended to, and does not, constitute legal, professional, accounting, tax or investment advice, is not intended to be a substitute for such advice, and may not be used for such purposes. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.
The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
21. Limitation of Liabilities
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
22. Governing Law, Jurisdiction and Venue:
23. Limitation of Action
24. General Terms
24.1. Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section, below, and we will attempt to verify it for you.
24.2 Appropriateness of Content
We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
24.4 Export Control
Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
25. Contacting Us
By Mail: TechHomePro, LLC
1154 Jordan Road
Lyman, South Carolina 29365
By Email: CustomerService@TechHomePro.com
By Telephone: (864) 663-0014
By Fax: (864) 895-4295
26. Effective Date