Please read these terms and conditions carefully before using services offered by TECKpert LLC (“LegalElite”), a Florida limited liability company.
TECKpert LLC (“LegalElite”) provides website design, website hosting, and online marketing services (“Service”) for business websites (“Website”).
2. Payment Policy
All services are billed monthly and in advance. TECKpert LLC accepts the following credit cards: Visa, MasterCard, and American Express. Service is activated only after receipt of payment in advance for your first month. Billing occurs monthly from the date of first activation.
3. Your Acceptance
TECKpert LLC and its subsidiaries and affiliates (collectively “TECKpert LLC”) provides service to you subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. These Terms and Conditions constitute a binding agreement between TECKpert LLC and you governing your use of the service.
4. Renewal and Billing Schedule
All accounts will be automatically billed on their renewal date unless cancellation notice is received from subscriber. Credit cards are charged on the first day of the new billing cycle.
5. Credit Card Failures
In the event a credit card charge is denied, a notice will be sent to the billing contact via email. If the credit card continues to fail and alternate payment is not obtained, the account will be suspended.
6. Cancellation and Refunds
You may cancel service at any time by contacting TECKpert LLC by phone or email and providing 30 day notice. Upon TECKpert LLC’s confirmation, you’re service will cease at the end of the current billing cycle. You are responsible for exporting website data prior to the cancellation of services. Data will be stored for a maximum of 14 days after the end of the billing cycle. TECKpert LLC does not provide refunds for services.
The interactive nature of postings on the Website makes it impossible for TECKpert LLC to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Website users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as “Content”) are not endorsed by TECKpert LLC, and we make no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. All Content posted to the Website are the sole responsibility of the person who originally posted the Content, and your sole recourse for any damage you may suffer as a result of Content shall be to such individual.
You shall be solely responsible for your own Content and the consequences of posting or publishing them. You retain all of your ownership rights in your Content.
If you choose to post Content on the Website Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Website reflects your respect for the legal rights of users connected with it. You understand that TECKpert LLC does not guarantee any confidentiality with respect to any Content.
TECKpert LLC expressly disclaims any and all liability in connection with Content. TECKpert LLC reserves the right to remove Content in its sole discretion and without prior notice. TECKpert LLC also reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice.
8. Intellectual Property Rights
TECKpert LLC retains all rights, title, interest, and exclusive ownership over any designs, graphics, text, codes, reusable code, processes, programs, intellectual property, concepts, works of authorship, software, components, trademarks, trade secrets, software licenses, and know-how used by TECKpert LLC to provide the Service.
9. Transfer of Ownership
After 24 months of paid service, you will have the option to buy the website design for a fee equivalent to 3 months service. At which time you will be granted a non-exclusive right to the website design. This does not include the content management system or software code used for the website.
10. Rules of Conduct
The following rules of conduct apply to your use of the Website and to any and all materials you post on the Website, including text, articles, data, graphics, audio or video content, music, sound, chat, messages, and files.
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any material that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- Infringes or violates any patent, copyright, trademark, trade secret or other property right;
- Breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- A reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- Constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- Violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- Promotes software or services that deliver unsolicited e-mail; or
- Contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with TECKpert LLC’s express advance authorization or in a specially designated area, use the Website to:
- Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
- Harm minors in any way;
- Solicit personal information from anyone under 18;
- Provide false or deceptive information;
- Delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
- Allow usage by others in such a way as to violate TECKpert LLC ‘s Terms and Conditions.
11. Copyright Infringement
TECKpert LLC respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with TECKpert LLC and the Website, you may not post, modify, distribute, or reproduce in any way any content that is copyrighted material belonging to others, without obtaining their prior written consent. TECKpert LLC reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
2100 Coral Way Suite 701 Miami, FL 33145
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
12. Modifications to the Website
TECKpert LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. TECKpert LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
TECKpert LLC may, under certain circumstances and without prior notice, immediately terminate your Website account and access to the Website and any other TECKpert LLC services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms and Conditions other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other TECKpert LLC product. Termination of your Website account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in TECKpert LLC s’ sole discretion and that TECKpert LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
14. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TECKpert LLC, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF TECKpert LLC, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TECKpert LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TECKpert LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND TECKpert LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TECKpert LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. Limitation of Liability
IN NO EVENT SHALL TECKpert LLC, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF TECKpert LLC, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TECKpert LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by TECKpert LLC from its facilities in the United States of America. TECKpert LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless TECKpert LLC, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of TECKpert LLC, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
17. Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. TECKpert LLC is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by TECKpert LLC without restriction.
19. Copyright Notice
The Website is © 2014, TECKpert LLC – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of TECKpert LLC.
All of the Website trademarks are owned by TECKpert LLC and may not be used for any purpose without the prior written permission of TECKpert LLC.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and TECKpert LLC’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. TECKpert LLC reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
22. Violations of These Terms and Conditions
Please report any violations of the Terms and Conditions, including objectionable User Submissions or behavior, to email@example.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, TECKpert LLC in its sole discretion may investigate the matter and take such action as TECKpert LLC determines to be appropriate.
23. Updates to Terms and Conditions
Terms and Conditions updated 1/30/2014.