Terms & Conditions
By using My Tech Hunter you are agreeing to be bound by the following terms.
WE HAVE SIMPLE RULES:
Respect all opinions, vendors, and members
No foul language, links, or any other offensive content
WE RESERVE THE RIGHT TO BLOCK AND REVOKE ANY MEMBERSHIP WITHOUT REFUND WHEN APPLICABLE
Remember this is your community and we want to make the best of it for our members and vendors
(a) Neither party will be liable to the other for special, indirect, or consequential damages incurred or suffered by the other arising as a result of or related to the use of the My Tech Hunter whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages.
(b) This limitation is applicable to all services, our platform, software developed that utilizes mobile platforms, including but not limited to iPhone, iPod Touch, etc. My Tech Hunter will not be held responsible for any issues in the My Tech Hunter services arising out of future upgrades released for the operating system or carrier upgrades after the completion and launch of the My Tech Hunter Software. Such issues will be treated as change requests and are not covered under the warranty clause.
(c) My Tech Hunter’s total liability under this SLA with respect to the CMS, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by the Licensee under this SLA.
(d) The Licensee agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or any of My Tech Hunter’s services must be filed by the Licensee within one (1) year after such claim or cause of action arose or such claim shall be forever barred.
(e) The Licensee will indemnify and hold My Tech Hunter harmless against any claims incurred by My Tech Hunter arising out of or in conjunction with the Licensee’s use of the website, as well as all reasonable costs, expenses, and solicitors’ fees incurred therein.
(f) My Tech Hunter agrees to indemnify, defend, and hold harmless the Licensee and its successors, officers, directors, and employees from and against any and all actions, causes of action, claims, demands, costs, liabilities, expenses, judgments, proceedings and damages (including reasonable solicitors fees):
(i) arising from My Tech Hunter’s performance or lack of performance of its duties under this Agreement; or
(ii) arising from its breach of any warranty and/or representation
(iii) arising from a breach of this Agreement generally.
My Tech Hunter will not be held liable for any vendor issues or problems outside of the My Tech Hunter Portal.
My Tech Hunter will not be held liable for any vendors listed in our vendor directory, each vendor is responsible for the services or work performed for an MTH member.
My Tech Hunter Pros will adhere to the highest professional standards, any MTH Pro found lacking or misrepresenting MTH will be removed from our platform immediately.
My Tech Hunter provides no guarantees, only the commitment to try to resolve any issues that may arise as soon as possible.
My Tech Hunter provides no sales revenue guarantees for vendor advertising and directory listing.
(a) The Licensee will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, images, logos, names and trademarks, and any other material (the “Material”) supplied by the Licensee to My Tech Hunter for use in or with the My Tech Hunter Software.
(b) The supply of said Material by the Licensee to My Tech Hunter shall be regarded as a guarantee from the Licensee that all such permissions and authorities have been sought and obtained for said material.
(c) The supply of said Material by the Licensee to My Tech Hunter shall be regarded as a guarantee from the Licensee that the Material does not violate or infringe any intellectual property right or another proprietary right, including the right of publicity or privacy, of any person, company or entity, or other third parties.
(d) No responsibility will be accepted by My Tech Hunter for damages or losses incurred by the Licensee from the use of Material for which permission or authority has not been obtained.
(e) The Licensee acknowledges and agrees that it will be solely responsible for all Material that it shares through the My Tech Hunter Software whether publicly posted or privately transmitted. The Licensee shall assume all risks associated with the use of the Material, including any reliance on its accuracy, completeness, or usefulness.
(f) The Licensee agrees to indemnify and hold My Tech Hunter and its subsidiaries, affiliates, officers, agents, employees, co-branders, or other partners, harmless from any claim or demand, including reasonable solicitor’s fees, due to or arising out of the Material, the Licensee’s use of the Materials, the Licensee’s connection to the My Tech Hunter Software or Materials, the Licensee’s use and access of personal information of other Users, the actions of any member of the Licensee, the Licensee’s access to or use of sites or linked sites and the Licensee’s connections therewith, any claim that the Material caused damage to someone else, any dealings between the Licensee and anyone else advertising or promoting via the My Tech Hunter Software or Materials, the Licensee’s violation of these terms and conditions, or the Licensee’s violation of any rights of another, including any intellectual property rights.
This Agreement shall be governed by the laws of the state of Florida in the USA. In the event that litigation results from or arises out of these terms and conditions or the performance hereof, the parties agree to reimburse the prevailing party’s reasonable solicitors’ fees, court costs, and all other expenses, in addition to any other relief to which the prevailing party may be entitled.
Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
The failure of either party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.
This SLA, together with any attachments or incorporated documents referred to herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this SLA by any representations or promises not specifically stated herein.
All references in these terms and conditions to the parties shall be deemed to include, as applicable, a reference to their respective successors and assigns. The provisions of these terms and conditions shall be binding on and shall inure to the benefit of the successors and assigns of the parties.
Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party. If the Licensee sells its business to another person or firm, such consent will not be unreasonably withheld. This Agreement will inure to the benefit of, and be binding upon the parties hereto, together with their respective legal representatives, successors, and assigns, as permitted herein.
Modifications and amendments to this Agreement, including any exhibit or appendix hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.
NOTICES FROM My Tech Hunter
The Licensee consents to receive notices by email. The Licensee agrees that any such notices that My Tech Hunter sends electronically will satisfy any legal communication requirements.
My Tech Hunter portal is a service provided by My Tech Hunter.