Terms Of Service

1.Acceptance

 By purchasing the Tech With Heart Network Media or Promotional Package you hereby agree to these terms and conditions (the “Terms of Service”)  If you do not agree to any of these terms you may not be highlighted on the Tech With Heart Network’s website, or interviewed on the Tech With Heart Show, sponsored and powered by REVEALiO, Inc.

Tech With Heart Foundation and it’s partner REVEALiO, Inc. reserve the right to make such modifications or revisions at its sole discretion at anytime without prior notice, and users of the Tech With Heart Network hereby agree to be bound by them. Such revisions shall be effective immediately upon posting to the website.

2.Assignment

Except as otherwise specified within these Terms of Service, you may not, under any circumstances, transfer or assign your rights under this Agreement without the prior written consent from Tech With Heart Foundation.

3.Entire Agreement/Amendments

This Agreement contains the entire understanding between you and Tech With Heart Foundation, and supersedes any prior understandings and agreements, either written or oral, made between them respecting the subject matter of this Agreement. As stated in this Agreement, Tech With Heart Foundation, and it’s partner REVEALiO, Inc. may, from time to time, make changes and amendments to these terms and conditions, without prior written notice.

4.Applicable Law and Proper Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California and the jurisdiction in which all actions to settle any disputes between you and Tech With Heart Foundation, shall be the courts, both state and federal, located in the County of Alameda, State of California. By using the Tech With Heart Network, you hereby agree and consent to subject yourself to the laws of the State of California, irrespective of any conflict of laws issues which may arise.

5. Arbitration

If at any time during the term of this Agreement any dispute, difference, or disagreement shall arise upon or with respect to this Agreement, and the meaning and construction hereof, every such dispute, difference, and disagreement shall be referred to a single arbiter agreed upon by the parties, or if no single arbiter can be agreed upon, an arbiter or arbiters shall be selected in accordance with the rules of the American Arbitration Association and such dispute, difference, or disagreement shall be settled by binding arbitration in accordance with the then prevailing commercial rules of the American Arbitration Association, and judgment upon the award rendered by the arbiter may be entered in any court having jurisdiction thereof. The jurisdiction where the arbitration shall be conducted is the County of Alameda, State of California. By using the Tech With Heart Network, you hereby consent to subject yourself to binding arbitration, in accordance with the rules of the American Arbitration, Association and the laws of the State of California. You also hereby agree to submit to binding arbitration which will be conducted in the County of Alameda, State of California.

6.Indemnification

You agree to hold Tech With Heart Foundation, and its directors, officers, agents, and any and all of its employees, past and present, and its successor corporations, subsidiaries, its representatives, successors, insurers and assigns, harmless from all liability and shall indemnify Tech With Heart Foundation from and against all loss, damage, costs and expenses, including attorney’s fees, and all other sums which Tech With Heart Foundation may hereafter incur, pay, be required or become obligated to pay arising out of or incidental to your use of the Tech With Heart Network.

7.Service

These Terms of Service apply to all users of the Tech With Heart Network, including users who are also contributors of Content on the Service. “Content” includes, but is not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials users may view on, access through, or contribute to the Tech With Heart Network.

8.Tech With Heart Network Accounts

In order to access some of the features of the Network, users, who hereinafter also may be referred to as “You” or “Your”, will need to create a Tech With Heart Network account. You may never use another user’s account without written authorization from Tech With Heart Network. When creating the account, the information entered must be accurate and complete. You are solely responsible for the activity on your account, and you must keep your account password secure.

9.General Use of the Service – Permissions and Restrictions

You are responsible for, and assume all liability associated with, any material you make available or transmit through the Network, including liability for claims of infringement, libel and slander. You may not post, transmit through or otherwise make available on or through the Network any material that violates or infringes in any way upon the rights of others, that is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Although Tech With Heart Foundation does not and cannot review all content used on the Network, it shall be under no obligation to permit any material to be used on the Network, and may remove from, or refuse to display on the Network any material that Tech With Heart Foundation , in the exercise of its sole discretion, believe violates this agreement. Without limiting the foregoing, you also agree not to use, distribute, communicate or store information or other material on, to or through this Network that:

  1.  is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law as determined by Tech With Heart Foundation in its sole discretion;
  2.  infringes upon any intellectual property rights of others or on the privacy or publicity rights of others;
  3.  is sexually explicit; or
  4.  contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information.You further agree not to:
  5.  use any incomplete, false, or inaccurate biographical information or other information for purposes of registering as a user of this Network;• delete or revise any material or other information of any other user of the Network;
  6.  harvest, collect, or send information about others without their consent;
  7.  take any action that imposes an unreasonable or disproportionately large load on the Network’s infrastructure;
  8.  use any device, software, or routine to interfere or attempt to interfere with the proper working of this Network;
  9.  use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Network for any commercial purpose;
  10.  allow any other person or entity to use your username or password for posting or viewing content or comments or for sending or receiving materials
  11.  modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, post, license, frame in another Network or website, create derivative works of, transfer, sell, and/or exploit for commercial use, any content, information, products or services provided through or obtained from the Network, including by email or other electronic means, without the prior written consent of Tech With Heart Foundation circumvent any technological measures or features of the website that are intended to or effectively control access to the content, or any other protected content or information included on the website

10.Disclaimer of Warranties

YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING:

  1. YOUR USE OF AND RELIANCE UPON ANY AND ALL CONTENT AND SERVICES, INCLUDING WITH RESPECT TO ANY PRODUCTS, NETWORK OR SERVICES, CONTAINED IN OR PROVIDED THROUGH THE NETWORK IS AT YOUR SOLE RISK. SUCH CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NETWORK OWNER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS, OR CONTENT CONTAINED IN OR PROVIDED THROUGH THE NETWORK. Network OWNER DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Network OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. In no event will network owner be liable to you, any user of the network or your network, or any third party for any decision made or action taken in reliance upon the content contained in or provided through the network. any content you download or otherwise obtain through the use of the network, or any linked network, is at your own risk, and you will be solely responsible for any damage to your equipment, software, your network, loss of data, theft, destruction, unauthorized access to or alteration of personal records, the reliance upon or use of data, content, opinions or other materials appearing on the network or a linked website, or other personal loss that results from the download or use of any material on the network or a linked website.
  3. To the fullest extent permitted by law, in no event shall network owner be liable to you, or any user of the network or your website, or to any third party for any loss, expense, or damage, of any nature, including consequential, incidental, special or punitive damages, and including lost profits or lost revenue, caused directly or indirectly by the use or reliance upon content or services obtained by or provided through the network, or for any error or omission, or otherwise in any way connected with use of the network, whether based on contract, tort, including negligence, or otherwise, even if network owner has been advised of the possibility of such damages.​ 

11. Copyright/Trademark

You acknowledge and agree that the trademarks of Tech With Heart Foundation (the “Marks”), the Network, the content, the goods and services, and the content and look and feel of the Network, to the extent protect able, are proprietary, original works of authorship of Tech With Heart Foundation, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, the Network, the goods and services, the content, and look and feel of the Network are and shall remain with owner or its licensors. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of owner, your modification of the content, use of the content on any other Network or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of owner or its licenseors, and is prohibited. Except as expressly provided under this Agreement, you may not use on any technology, or on any other materials, the Marks, or any other trademarks or copyrighted materials appearing on the Network, including without limitation any logos, without the express prior written consent of the owner of the mark or copyright.

12.Limitation of Liability

In no event will Tech With Heart Foundation or its affiliates, or any party involved in creating, producing, or delivering this Network, or any technology linked to this one, be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use or inability to use this Network or any other information linked to this one, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.

13. Account Termination Policy

  1. Tech With Heart Foundation will terminate a user’s access to the Network if the user is deemed by Tech With Heart Foundation to have violated these on more than one (1) occasion the Terms of Service.
  2. Tech With Heart Foundation reserves the right to determine whether Content violates these Terms of Service. Tech With Heart Foundation 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 of Service.

14. Refund Policy

Customer satisfaction is of utmost importance to us. Please report any issues if they occur and Tech With Heart Foundation will research to see if a solution is possible. In this regard, Tech With Heart Foundation will make every effort to extend credit when errors are made on our behalf. Credit will be extended in the form of replacement orders or other credits to be determined on a case by case basis by Tech With Heart Foundation. Conditional refunds may be approved by Tech With Heart Foundation management on a case by case basis. All Sales are final after 3 days.

 

SPEAKER AGREEMENT, RELEASE FORM AND TERMS OF SERVICE

  1. The Guest/Speaker, desiring to electronically record an interview or interviews by audio and/or video for use by Tech With Heart Foundation (collectively, the “Recordings”) for educational, promotional, and commercial use, hereby grants Tech With Heart Foundation and it’s video production partner, REVEALiO, Inc. the right to use the Recordings and Guest/Speaker’s name, voice, appearance, likeness, image, words, participation, and title or professional designation, in whole or in part, and/or in compilations, correspondence, publicity, advertising, promotional or derivative materials based on them.
  2. Guest/Speaker hereby grants Tech With Heart Foundation all right, title, and interest, including copyright in, and to, the Recordings, which includes, without limitation, the unconditional and irrevocable right to use and reproduce the Recordings in any format, and to distribute, sell, give away, edit, prepare derivative works, advertise, and publicize the Recordings, all without any compensation to Guest/Speaker. Guest/Speaker shall retain a non-exclusive irrevocable license to use the Recordings for any purpose and may download an electronic copy of the Recordings. Tech With Heart Foundation has no obligation to use the Recordings or make use of the rights granted herein.
  3. Guest/Speaker agrees to send a minimum of one (1) solo email to their entire database and curated social media outlets during the agreed-upon promotion period shared. The Guest/Speaker also agrees to promote on all available social media outlets during the promotion period.
  4. Guest/Speaker is permitted to make a free offer during Guest/Speaker’s interview(s).
  5. Guest/Speaker represents that he or she has the full right, power, and authority to enter into this agreement and to perform all of the provisions hereof.
  6. Guest/Speaker hereby releases and agrees to indemnify and hold harmless Tech With Heart Foundation from and against any and all claims, losses, expenses, and liabilities of every kind, including without limitation, reasonable attorney’s fees and costs, arising out of the use of the material covered by this agreement or inaccuracy or breach of any provision of this agreement.
  7. Guest/Speaker acknowledges with regard to the subject matter hereof that: (a) this agreement constitutes the entire agreement of the parties and may only be amended in writing; (b) in the event of a breach or alleged breach, Tech With Heart Foundation shall be entitled to injunctive or equitable relief, in addition to any other rights or remedies; and (c) any disputes shall be governed in accordance with the state of California law.
  8. Expert interviews will be scheduled at earliest convenience
  9. Photos and video captured can be used for promotional purposes
  10.  Ability to Accept Terms of Service You affirm that you are either at least 18 years of age or older, are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.