Techolos Terms of Use

Date Last Revised: August 20, 2011

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.techolos.com ("Techolos.com"), as owned and operated by Techolos Inc., a Nevada corporation, on behalf of those of its direct or indirect subsidiaries and/or affiliates, (collectively referred to as “Techolos”). By using Techolos.com you agree to be bound by the terms and conditions of this Agreement and Techolos Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below). This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section <> contains certain changes to the general terms for users outside the United States.

Acceptance of Terms

By using the information, tools, features and functionality located on Techolos.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Techolos.com website) or you are a “Member” (which means that you have registered with Techolos.com). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Techolos. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process. In addition when using particular Techolos services you agree to abide by any applicable posted guidelines for all Techolos services, which may change from time to time, Should you object to any term on condition of these terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Techolos in any way, your only recourse is to immediately discontinue use of Techolos. Techolos has the right, but is not obligated, to strictly enforce this Agreement through self-help, community moderation, active investigation, litigation and prosecution. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Techolos. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

Privacy and your Personal Information

Your privacy is very important to us. For information about Techolos’s data protection practices, please read Techolos’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Techolos treats your personal information when you access Techolos.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site. Description of the Service At Techolos.com, our motto is “Give and Get! Share and Thrive”. We believe that by sharing and working together, people can be of benefit to each other, achieve great things and also help the environment. Techolos harnesses the power of Social Networking to allow you to exchange goods and services with your friends, neighbors, colleagues, relatives and other contacts in a trusted and secure environment. The many benefits of using Techolos.com are

Get items from others when you need them
Give items away. Remove clutter in your home
Lend and Borrow Items. Track your loaned and borrowed items easily
Reduce consumption and help the environment by reusing items
Free up capital so that you can use it for other things
Buy and Sell items with confidence and without fear
Help others by providing services that you are good at.
Pay It Forward System lets you review a recipient’s “Giving” history.

Your Registration Information

Techolos users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on Techolos, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use Techolos if you are under 13.
You will not use Techolos if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.

If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name). You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify Techolos immediately at the email address - security@techolos.com.

Your Use of the Service

Your right to access and use Techolos.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Techolos.com for lawful purposes. Accurate records enable Techolos to provide the Service to you. You must provide true, accurate, current and complete information about any items you have posted and any services you are offering and any other information you have provided in response to requests, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of Techolos.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Techolos.com or other actions that Techolos, in its sole discretion, may elect to take. You agree that Techolos may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Techolos a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Techolos in any way. Techolos will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

Safety

We do our best to keep Techolos safe, but we cannot guarantee it.

Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Techolos does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Techolos site and Content available through the Service may contain links to other websites, which are completely independent of Techolos. Techolos makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Techolos be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Techolos does not pre-screen or approve Content, but that Techolos shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. When you publish content or information using the everyone setting, it means that you are allowing everyone, including people off of Techolos, to access and use that information, and to associate it with you (i.e., your name and profile picture).

Rights You Grant to Us

By submitting information about yourself and posting information on your items to Techolos through the Service, you are licensing that content to Techolos solely for the purpose of providing the Service. Techolos may use and store the content, but only to provide the Service to you. By submitting this content to Techolos, you represent that you are entitled to submit it to Techolos for use for this purpose, without any obligation by Techolos to pay any fees or other limitations.

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

You will not post content or take any action on Techolos that infringes or violates someone else's rights or otherwise violates the law.

We can remove any content or information you post on Techolos if we believe that it violates this Statement.

Please notify Techolos's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at abuse@techolos.com

Please provide our Agent with the following Notice:

Identify the material on the Techolos site that you claim is infringing, with enough detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.

Techolos will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA). If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. If you collect information from users, you will: obtain their consent, make it clear you (and not Techolos) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. You will not post anyone's identification documents or sensitive financial information on Techolos.

Techolos’s Intellectual Property Rights

The contents of Techolos.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Techolos.com belong or are licensed to Techolos or its software or content suppliers. Techolos grants you the right to view and use Techolos.com subject to these terms. You may download or print a copy of information provided on Techolos.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Techolos.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Access and Interference

You agree that you will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Techolos.com or any portion of Techolos.com, without Techolos’s express written consent, which may be withheld in Techolos’s sole discretion; 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 Techolos.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer); Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Techolos.com or the Service; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Techolos.com or the Service.

Rules for Posting

As part of the Service, Techolos allows Members to post content on bulletin boards, blogs and at various other publicly available locations on Techolos.com. These forums may be hosted by Techolos or by one of our third party service providers on Techolos’s behalf. You agree in posting content to follow certain rules.

You are responsible for all content you submit to Techolos.com. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Techolos.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through Techolos.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Techolos.com and under this Agreement.

You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Techolos.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
You may not post content that is false, deceptive, misleading, deceitful, misinformation, or constitutes “bait and switch”.
You may not post content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics).
You may not advertise any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by any federal, state or international law.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of Techolos.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

Online and Mobile Alerts

Techolos may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Techolos account, such as a change in your Registration Information. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Techolos may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service. Electronic alerts will be sent to the email address you have provided as your primary email address for Techolos.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Techolos.com Login ID and some information about your accounts. Depending upon which alerts you select, information such as any services you have requested or information on items you have posted or item you have requested will show up in your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH TECHOLOS.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TECHOLOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF TECHOLOS.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TECHOLOS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON TECHOLOS.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. TECHOLOS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Alert Disclaimer

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Techolos does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Techolos shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Limitations on Techolos’s Liability

TECHOLOS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO TECHOLOS.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF TECHOLOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TECHOLOS’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Your Indemnification of Techolos

You shall defend, indemnify and hold harmless Techolos and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

Ending your relationship with Techolos

This Agreement will continue to apply until terminated by either you or Techolos as set out below. If you want to terminate your legal agreement with Techolos, you may do so by closing your account for the Service. Please use the directions below to cancel your account:

Login to your Techolos.com account.
Go to “Your Profile”.
Locate the “delete Techolos account” option under “More Options”.
Type in “delete” where prompted.
Enter in the password for your Techolos.com account.
Press “Yes”
Your account will be closed and your ability to log in deactivated immediately. Your Techolos.com account data will be removed within 48 hours subject to and as explained in our Privacy Policy.
Techolos may at any time, terminate its legal agreement with you:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if Techolos in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When your IP has already been shared with others and is outside the control of Techolos, we will not be held responsible for the use that the other parties put your IP to. Please work directly with other parties that your shared your content with.

Governing Law and Forum for Disputes

This Agreement, and your relationship with Techolos under this Agreement, shall be governed by the laws of the State of Oregon without regard to its conflict or choice of laws provisions. Any dispute with Techolos, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims division of the Justice Court within the county of Washington County, Oregon, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Techolos may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Techolos is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with Techolos, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

About Advertisements and Other Commercial Content Served or Enhanced by Techolos

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following: You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place. We do not give your content or information to advertisers without your consent. You understand that we may not always identify paid services and communications as such.

Special Provisions Applicable to Users outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Techolos (such as advertising or payments) or operate a Platform application or website.

Modifications

Techolos may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Techolos.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if Techolos does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Techolos has the benefit of under any applicable law), this will not be taken to be a formal waiver of Techolos’s rights and that those rights or remedies will still be available to Techolos. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and Techolos regarding the subject matter of the same, and supersedes all other previous agreements.

©2011 Techolos, Inc. All rights reserved. Techolos is registered trademark of Techolos, Inc. Terms, conditions, features, availability, pricing, fees, service and support options subject to change without notice.