Techwhiff is an online academic learning assistance and tutoring marketplace where you can get answers to questions you are struggling with and get paid to answer questions on topics you know a lot about. There are three categories of persons (“users”) using the Site: Visitors, who merely view the Site without posting any content; Purchasers (the people asking questions and purchasing answers to questions posted on the Site, called “Query Transactions”); and Contributors, the people answering the questions posed by Purchasers and selling answers to Purchasers (which is the other side of a Query Transaction). Potential Purchasers may simply post a question they want answered on the site. Techwhiff will make these questions available to the Contributors. Contributors may post answers to these questions, called tutorials, and Purchasers, in turn, may use their PayPal or other online payment or credit card accounts to buy them. Any user or Visitor can also be either a Purchaser or a Contributor or both. Users, visitors, Purchasers, and Contributors will be collectively referred to as “you” or “your” in these Terms.
Rules Governing Public Contributions and Interactive Features. You are entirely responsible for the content of, and any harm resulting from, any of your postings or submissions to the Site (collectively, “Contributions”). When you create or make available a Contribution, you represent and warrant that you:
- own or have sufficient rights to post your Contributions, on or through the Site;
- will not post Contributions that violate Techwhiff’s or any other person’s privacy rights, publicity rights, copyrights, or contract rights;
- have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees, and any other monies owing any person by reason of Contributions that you posted to or through the Site;
- will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including, but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance, or harm against any group or individual; (iii) solicit personal information from anyone under 13; or (iv) exploit anyone in a sexual or violent manner;
- will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than the services for which this Site is solely provisioned and developed);
- will not use the Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site without Techwhiff’s express written consent;
- will not post Contributions that constitute, contain, install, or attempt to install or promote spyware, malware, or other computer code, whether on Techwhiff’s or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
- will not transmit chain letters or bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including, without limitation, hacking into the Site or using the system to send unsolicited or commercial emails, bulletins, comments, or other communications;
- will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary right of any person or entity;
- have all the licenses required to give a response to a Purchaser;
- will not engage in the unauthorized practice of law or medicine;
- will not claim that any Contributor’s work is your own work; or
- will not sell or resell any Contributor’s work to a third party.
B. Grant of License to Use Contributions
By making a Contribution to the Site, you grant Techwhiff a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to Techwhiff), fully-paid, royalty-free (meaning that Techwhiff is not required to pay you to use your Contribution), sublicensable (meaning that Techwhiff can sublicense its rights to, for example, third-party hosted service providers who host the Site), and worldwide (because the Internet and the Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, and distribute the Contribution for the purpose of displaying the content on the Site and selling it to Purchasers.
C. Techwhiff Academic Honesty Policy (“SAAHP”)
We are committed to creating and maintaining a culture of learning and integrity. Sometimes this is pretty easy: If a student asks someone to write a paper or take a final exam for them, it's obviously cheating. We explicitly warn against posting such questions, scan for them, and remove any we become aware of. Sometimes it's more difficult: If a student asks for an explanation of a chemistry equation, how do we determine they have both permission and an honest intention to learn? Ultimately, we have put strong measures and language in place to discourage abuse, but it is up to you to act with honor and integrity.
Don't ask people to complete entire assignments or write essays for you. Don't ask people to take quizzes, exams, tests, or final exams for you. Don't post a question unless you have your instructor’s implicit or explicit permission. For instance, don't ask someone to proofread a paper for you if your instructor says this is against his or her rules. Don't post a question without an honest intention to learn from your tutor's help. If you simply turn in a tutor’s help as your own work, you're cheating. If you are found cheating, you will be banned from ever using Techwhiff again.
Our Academic Honesty Policy for Tutors and Contributors is simple. We want you to earn lots of money on Techwhiff. Remember, though, that you have a duty to teach, not help students cheat. Provide complete tutorials and explanations, not just answers. Your tutorial must include more help and explanations than what students would ordinarily turn in on their own. Never write essays or papers for people. Never complete finals, quizzes, or tests for a student.
If you are found helping other students cheat, you will be banned forever and will forfeit any remaining balance or claim to your tutorials! Good solutions with complete explanations are purchased more often than short solutions with only answers. The solutions that earn the most are the ones that help people learn. Students award the best ratings to tutors who provide good explanations and legitimate tutoring. Short answers receive poor feedback and don't earn much money.
D. Use and Protection of Username and Password
You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Techwhiff immediately of any breach of security or unauthorized use of your account. Although Techwhiff will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Techwhiff or others due to such unauthorized use. You are responsible for maintaining the confidentiality of your user name and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
E. Techwhiff’s Intellectual Property Rights
All of the content on the Site (“Materials”), the trademarks, service marks, and logos contained on the Site (“Marks”) are owned by or licensed to Techwhiff and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Techwhiff reserves all rights not expressly granted in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You further agree not to access the Site by any means other than through the interface that Techwhiff provides, unless otherwise specifically authorized by us in a separate written agreement. You agree not to distribute in any medium any part of the Service or the Content without Techwhiff's prior written authorization, unless Techwhiff makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player). In your use of the Service, you will comply with all applicable laws. Techwhiff reserves the right to discontinue any aspect of the Service at any time.
F. Your PayPal or Online Payment/Checkout Account
You must have either a PayPal account or another online payment account to buy or sell Contributions on the Site. Purchasers must have sufficient funds available in their account to fully pay for the total cost of any transaction they want to make. Purchasers may not engage in a Query Transaction if they do not have sufficient funds in their account. If a Purchaser pays you for a Query Transaction, either PayPal or Google Checkout will transfer the money from the Purchaser’s account into either our PayPal or Google Checkout account. We will then transfer the money to your PayPal account upon request; payments may take up to 6 weeks to process. Techwhiff is not a financial institution. Techwhiff does not insure you for any loss that might occur from your PayPal or Google Checkout accounts and does not pay you interest on your accounts. Techwhiff is not responsible for your use of the PayPal or Google Checkout services. You must resolve any disputes directly with PayPal or Google Checkout.
G. Techwhiff’s Management of the Site/User Misconduct
Techwhiff may, but is not required to: (a) monitor or review the Site for violations of these Terms and for compliance with Techwhiff’s policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law, or any of Techwhiff’s policies or are excessive in size or burdensome; and/or (d) manage the Site in a manner designed to protect Techwhiff’s and third parties’ rights and property or to facilitate the proper functioning of the Site. If, in Techwhiff’s sole discretion, you engage in fraudulent activities, you understand and agree that Techwhiff has the right to immediately close your account and that you will not be entitled to receive any of the funds in your account.
H. Techwhiff’s Right to Terminate Users
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, Techwhiff RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON WHO IS IN BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, OR FOR ANY REASONS. Techwhiff will terminate a user's access to the Site if, under appropriate circumstances, the user is determined to be a repeat infringer. Techwhiff reserves the right to decide whether content violates these Terms for reasons other than copyright infringement, such as, but not limited to, obscenity, or inaccurate representations or answers. Techwhiff may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a user's account for submitting such material in violation of these Terms.
I. No Guaranteed Access to Contributions Upon Termination
IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, THE CONTENT THAT YOU HAVE POSTED MAY NO LONGER BE AVAILABLE. Techwhiff RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO STORE OR KEEP COPIES OF YOUR MATERIALS OR CONTRIBUTIONS, UNLESS OTHERWISE REQUIRED BY LAW OR COURT ORDER.
J. Risk of Harm
There are many dangers involved in dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other Site users. We discourage you from publicly posting the following information on the Site: your full name, telephone numbers, email address, IM address, and street address. Despite this prohibition, other people’s information may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. Techwhiff expects that you will use caution and common sense when using the Site.
K. No Responsibility for Contributions Posted on the Site
You understand that when using Techwhiff, you will be exposed to content from a variety of sources, and that Techwhiff is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Techwhiff with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Techwhiff, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. Techwhiff reserves the right to remove Content for any reason and at any time, without notification or warnings of any kind. You should not rely on answers posted on the Site. The answers are only intended to be a tutorial, and they may not accurately or fully answer your question.
L. Links and Search Results
M. Copyright Policy
Techwhiff will terminate, in appropriate circumstances, the accounts of subscribers who are repeat infringers. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Site infringes upon your copyrights, you may submit a notification via Contact Us pursuant to the Techwhiff Digital Millennium Copyright Act Notice.
You further agree that Content you submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Techwhiff all of the license rights granted herein.
Techwhiff does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Techwhiff expressly disclaims any and all liability in connection with Content. Techwhiff does not permit copyright-infringing activities and infringement of intellectual property rights on the Service, and Techwhiff will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Techwhiff reserves the right to remove Content without prior notice.
N. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Contact Us. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and email address; a statement that you consent to the jurisdiction of the federal court in San Francisco, California; and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Techwhiff may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Techwhiff's sole discretion.
The Internet and technology are rapidly changing. Accordingly, Techwhiff may modify these Terms from time to time. If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to the Site in order to be able to use the interactive portions of the Site. Techwhiff will also put any revised versions of these Terms on the Site. It is therefore important that you regularly check the Site for any announcements about revisions and keep your contact information current to ensure that you are informed of any changes.
P. Terms, Termination, and Survival
These Terms shall remain in full force and effect while you use the Site. You may terminate your use or participation at any time, for any reason. Upon termination of your account for any reason, any pending transactions will be cancelled, and you will no longer be able to retrieve materials contained in the account. If we remove your content from the Site because of an allegation of infringement, you may not engage in any further transactions with respect to that content, and we will not pay you any additional fees for that Content. You further agree to return to us any fees you earned from such Content on the Site. You will remain liable for all obligations related to your account even after your account is closed. If you do not access your account for a period of three years, it will be terminated. Techwhiff will not have the obligation to take, transfer, or otherwise port any of your Contributions and/or account information or to store or provide access to your Contributions or account information. If you delete your account, Techwhiff RESERVES THE RIGHTS to maintain your Contributions in perpetuity, and Techwhiff may continue to collect fees for your Contributions. Even after your use and participation is terminated, these Terms will remain in effect.
Q. Fees and Taxes
Fees. The fees for use of the site are listed in U.S. dollars. Your account and all transactions are made and displayed in U.S. dollars.
Taxes. If you earn more than $600, you must complete a W9 tax form and submit it to Techwhiff. Techwhiff will not permit you to withdraw funds in excess of $600 from your account if you do not submit a W9 tax form.
Transaction Fee and Account Review. Purchasers and Contributors may check the status of their accounts on the website. Users of the website acknowledge and agree that Techwhiff may collect a transaction fee from each Query Transaction on the Site. Transaction fees are posted on our website as well. You expressly agree that any inquiries or disputes regarding any Transaction Fee must be made within 30 days after the applicable Query Transaction is made. Notwithstanding such inquiries, you agree and acknowledge that the decision of Techwhiff regarding such Transaction Fee inquiry is final.
R. Risk of Reversals, Chargebacks, Money Back Guarantee and Claims
Purchasers. Purchasers may not chargeback any fees they pay for a Contribution on the Site. If you do a chargeback, Techwhiff will: (i) immediately suspend your account and (ii) charge you for the cost of such chargeback plus the applicable fees posted on the website. You agree that we may recoup such fees from you, and you agree to directly pay Techwhiff such fees. If you request a chargeback, the credit card issuer, not Techwhiff, will determine whether the chargeback is granted. Sellers. If Techwhiff is unable to recoup the cost of a chargeback from a Purchaser for a Contribution that you posted, you agree that we may recoup this charge from you, and you agree to either: (i) directly pay Techwhiff these fees or (ii) permit Techwhiff to debit these fees from future fees you earn on the Site. You must also offer your tutorials with a money back guarantee of which if a purchaser is not satisfied for any reason will be able to seek a guaranteed refund within 21 days of purchase.
S. No Off-Site Transactions
Contributors receive payment from Purchaser's payments via the Site only. Techwhiff does not condone or in any way participate or become a party to any off-site transactions between users of the Site.
T. Account Termination/Fees
If you elect to terminate your Account, Techwhiff will remove your Contributions from the Site. However, you will not be able to collect fees from any Query Transactions completed after such termination. Techwhiff reserves the right to withhold funds from: (a) fraudulent accounts, (b) accounts terminated after they have been dormant for three years, and/or (c) accounts in dispute where no dispute resolution has been sought within six months after termination.
U. No Refunds
You expressly agree and understand that Techwhiff will not offer any refunds for Query Transactions whatsoever. You participate in an Inquiry Transaction at your own risk. You may not revoke a Query Transaction once it has been issued and/or once any user has responded to it.
V. Legal Disputes Between Users and Resolution of Disputes
Any transactions between Purchasers and Contributors making use of the Site are solely between them. You are solely responsible for your conduct. You agree that Techwhiff cannot be liable for any dispute that arises between you and any other user. If a dispute arises between you and Techwhiff, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms or your use of the Site’s services (a “Claim”) in accordance with the subsections below.
- Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a Demand for Arbitration form at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitration Location and Procedure. Unless you and Techwhiff otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Techwhiff submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Limitation of Liability section of these Terms as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. Techwhiff will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
- Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Techwhiff will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, Techwhiff DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD-PARTY SITES, OR THAT Techwhiff BELIEVES CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL, OR NONHARMFUL. Techwhiff CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Techwhiff OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Techwhiff AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
Techwhiff MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. Techwhiff ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF Techwhiff’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
X. Limitation of Liability
You agree to indemnify and hold Techwhiff, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, Content, or Materials in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH Techwhiff.
Entire Agreement. These Terms constitute the entire agreement between Techwhiff and you regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and
Techwhiff related to the subject matter hereof.
Independent Contractors. Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, or employer-employee or franchisor-franchisee relationship of any kind between Techwhiff and any user.
No Third-Party Beneficiaries. These Terms are between you and Techwhiff. There are no third-party beneficiaries to these Terms.
Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Non-Waiver. Techwhiff’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Severability. These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment. You may not assign your rights under these Terms to any third party; Techwhiff may assign Techwhiff’s rights under these Terms without condition.
U.S. Export Controls. You acknowledge and agree that software you download from the Site is subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Sudan, or Iran or any other country to which the United States has embargoed goods or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals of the United States Commerce Department’s Table of Deny Orders. By downloading or using any of the software available from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Not a Fiduciary. Users may upload credit card information and make financial transactions using the Site. Techwhiff is not a party to those transactions between users and does not take, hold, or disperse money. Rather, Techwhiff takes a transaction fee from the applicable user, and otherwise the monetary transfers are between Purchasers and Contributors. You acknowledge that Techwhiff is not a bank, credit card, or financial services agency. Techwhiff is not acting as a trustee, fiduciary, or escrow with respect to the transactions made in connection with the Site or its services.