Seller Account Terms and Conditions
MY TECH GURU VENDOR MARKETING AGREEMENT
- "Buyer" shall mean a user of the Web Site who places an Order with the Seller listed on the Web Site for products or services.
- "Order" shall mean a completed and paid order placed by a Buyer with the Seller for supply of products or services.
- "Web Site" means www.mytechguru.net and variations of the same.
- "Seller Panel" means a Web Site page URL provided by My Tech Guru to Seller, with a unique login and password, to update the order status, price, inventory, and other details.
- My Tech Guru reserves the right to select the products to be displayed on its Web Site. My Tech Guru also reserves the right to determine the Sellers who may sell on the Web Site.
- My Tech Guru shall receive Orders for the products displayed/distributed on behalf of the Seller only in the capacity of the entity that provides an access to the Web Site, marketing and distribution channel to the Seller. In the event payments are collected by My Tech Guru on behalf of the Seller, in the payment types conveyed to the Buyers, the same will be collected while acting as an agent of the Seller with the sole intent of facilitating the transactions of the Seller.
- My Tech Guru shall provide the necessary backend infrastructure, order management system, etc., for capturing the Buyer/order details placed for the Seller's products or services. Orders placed by Buyer will be forwarded to the Seller for packaging and delivery of the product to the end Buyer. My Tech Guru will separately inform the Seller regarding the Web Site pages involved to access the Orders of Buyers, by way of direct access through the Seller Panel. Packaging guidelines shall be shared through email. Seller shall provide content & images of its products and services to be displayed at Web Site. Seller will update the shipping and tracking details through the Seller Panel, provided by My Tech Guru, or any other method as may be requested by My Tech Guru from time to time
- On receipt of the Order, Seller will make the products ready for shipping, along with the corresponding Buyer invoices within 2 (two) working days. In the case of any delay, My Tech Guru must be immediately informed by Seller, along with the expected time of shipping, so that the Buyer may be informed. In the case that the Seller fails to make the product ready for shipping to the Buyer within the period as stipulated above, My Tech Guru will be entitled to the marketing fee on the product, as agreed to in this Agreement, regardless of refund to Buyer. However, Seller agrees to package and ship the product within 2 (two) working days and/or based upon any guidelines given by My Tech Guru from time to time. Seller also agrees that it shall not promote its products, services, offers, packages, etc. directly to the Buyer of products or services through the My Tech Guru Web Site, indirectly and/or through email, sms or any other electronic or physical means.
- The Seller agrees and acknowledges that it will pay the marketing fees, shipping fees and payment collection fees as noted below, for all Seller orders received through My Tech Guru.
- Seller shall list prices (inclusive of all applicable taxes) of the products to be displayed on the Web Site, Seller will be responsible for payment of all applicable sales tax/VAT. Seller authorizes My Tech Guru, in the capacity of marketing agent, to display the market price payable by the Buyer. My Tech Guru further reserves the right to run promotions offering several benefits/discounts to the Buyer on the Web Site.
- My Tech Guru shall release the payment on the 5th of every month for products shipped at least 15 days before the end of previous month. For example; if a product is shipped on 14th Jan, seller will get the payment on 5th Feb, but if the order is shipped on 24th of Jan, seller will receive the payment for that order on 5th March. My Tech Guru shall make the payment through PayPal funds transfer after deducting My Tech Guru's fees as noted below.
- The ownership in the products will be transferred to the Buyer after successful delivery at the destination address provided by Buyer, until which the ownership of the product shall remain with the Seller. Any damage in transit on account of inadequate/unsuitable packaging will be the responsibility of the Seller. However, any damage to the product in transit due to mishandling by the shipping company should be recovered from the shipping company. Until delivery is made and ownership of the products are transferred to the Buyer, the Seller is responsible for delivering the products, regardless of the reason(s) for delay or shipment damage.
- Orders placed on the Web Site are not covered under any type of Buyer Protection, however, My Tech Guru reserves the right to intervene in disputes and resolve issues through use of Seller funds that have not yet been released for payment, when necessary.
- The Seller hereby agrees to accept all returned COD (Cash on Delivery) or Non COD(Non-Cash on Delivery) sales, which are refused/not accepted by the Buyer at the time of delivery. Seller will offer standard manufacturers or seller warranty associated with the products. However, the Parties agree that repair, replacement or 100% (one hundred percent) refund of money will be given to the Buyer against manufacturing defect or damage, Seller shall issue a suitable, duly stamped, manufacturer's warranty card to the Buyer with the product at the time of shipping of the products, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of Buyer complaints will rest solely with the Seller at all times.
- Seller recognizes and confirms that My Tech Guru has the exclusive right to supervise, allow and reject the contents of the Web Site. My Tech Guru shall not be liable for contents and images shared, uploaded or displayed on the Web Site by Seller, regarding its products, and all consequent liability will be borne by Seller only.
- Seller hereby grants to My Tech Guru the right to display/delist the product (as updated or to be updated by the Seller through the Seller panel at any/all times) and/or related logo and/or trademark and/or brand name, etc. owned by it or its business associates for marketing/selling through the Web Site. Seller represents that it has the necessary rights to grant such permission to My Tech Guru and agrees to indemnify My Tech Guru in respect to any claims, damages, losses etc., arising out of or in connection with violation of the same.
- Except as agreed to by the Parties, the data of Buyers will be the exclusive property of My Tech Guru, and Seller will not use Buyer data for its own purpose or distribute it in any form or means except for the purpose of this agreement, and shall keep it confidential at all times. Confidential information would include but not be limited to Buyer details, market information, all work products and documents related thereto, the contents of My Tech Guru's Web Site www.MyTechGuru.net or any other information which is treated as confidential by My Tech Guru, and any other information received or to be received by Seller from or through My Tech Guru, the Web Site, or Seller Panel. The Seller also undertakes to fully indemnify My Tech Guru against the breach of this clause.
- Seller shall, at all times and to the complete satisfaction of My Tech Guru, and without demur, indemnify and hold My Tech Guru harmless for any and all claims, demands, lawful action suits or proceedings, liabilities, losses, costs, expenses (including legal fees) or damages asserted against My Tech Guru by the Buyer or any third party arising out of Seller's actions or omissions in connection with the sale of Seller's products and their performance during the period of this arrangement and for the products sold, even after the termination of this arrangement. Seller represents and warrants that it is a legal entity engaged in a legitimate and lawful commercial enterprise & activity, having all regulatory approvals required to run their business and doing regular compliances with applicable provisions of laws.
- Seller hereby declares & confirms that it deals in original, legitimate and genuine quality products which are either self-manufactured, remanufactured, and/or procured from a legitimate channel following all legal requirements. Seller further declares that it shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual rights, it shall be solely responsible.
- If any dispute arises between the Parties hereto during the subsistence of this agreement or thereafter, in connection with or arising out of this agreement, the dispute shall be referred to arbitration under the laws of the state of Texas, United States of America. Arbitration shall be held in Dallas County Texas. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.
- This agreement may be terminated by My Tech Guru or the Seller by giving 30 (thirty) days notice in writing. In the event of a material breach of the terms of this Agreement, My Tech Guru may terminate this Agreement at any time.
- Both parties agree to the following:
- Assignment: This Agreement and the rights granted under it may not be assigned or transferred by either Party without the written consent of the other Party.
- Notices: All notices, requests and demands, and other communications required or permitted under this Agreement shall be in writing and either delivered personally or sent to the official address of the Party through recognized courier service or email. Either Party may change its address by delivering notice of such change of address to the other Party.
- Severability: In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be deemed modified to the minimum extent necessary to render the provision enforceable in a manner that most closely represents the original intent of the Parties. In such event, the remaining terms and conditions of this Agreement will remain in full force and effect and enforceable.
- Marketing Fee: Seller shall pay to My Tech Guru marketing fees, as determined by the plan selected.
- Payment Collection Fees: Seller shall pay 3% of their total sales to My Tech Guru as payment collection fees. This fee is in addition to the Marketing Fee.
- Shipping Fees : Seller shall pay all shipping fees. Seller may charge shipping fees to the customer and collect those fees at the time of the order.
- Return / Cancellation related policies:
No. Particulars Shipping Charge Reverse Pick Up Charges Payment Collection Charges My Tech Guru Marketing Fees 1 Direct Shipment Returns (Damaged Defective/Wrong). Borne by Seller Borne by Seller Borne by Seller Borne by Seller 2 Vendor Related Cancellations (Out of Stock / Cancellation due to delay in shipment beyond 2 days from published shipping date, etc.) NA NA Borne by Seller Borne by Seller 3 Replacement in case of point 1 above. Borne by Seller Borne by Seller NA NA 4 Replacement in case of incorrect product delivery. Borne by Seller Borne by Seller NA NA 5 Post-shipment return. Customer Non-acceptance (exclusive of point 1). Borne by Seller Borne by Seller Borne by Seller Borne by Seller
Revisions, Disclosures and Notices: We may amend the Seller Account Terms and Conditions, any Additional Terms and Conditions, or our
Policies, at any time with notice that we deem to be reasonable in the
circumstances, by posting the revised version on our Web Site or
communicating it to you through email (each a “Revised Version”).
The Revised Version will be effective as of the time it is posted, but
will not apply retroactively. Your continued use of the My Tech Guru services after
the posting of a Revised Version constitutes your acceptance of such
Revised Version. Any Dispute that arose
before the changes will be governed by the Seller Account Terms and Conditions, Additional
Terms and Conditions or Policies in place when the Dispute arose.
My Tech Guru Seller Account Registration: You must open an account with us (a “My Tech Guru Seller Account”) to use the Services. During registration we will ask you for information, including your name and other personal information. You must provide accurate and complete information in response to our questions, and keep that information current. You are fully responsible for all activity that occurs under your My Tech Guru Seller Account, including for any actions taken by persons to whom you have granted access to the My Tech Guru Account. We reserve the right to suspend or terminate the My Tech Guru Seller Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
You agree to My Tech Guru's e-sign procedure by checking the Terms and Conditions box at the point of account registration. We may provide disclosures and notices required by law and other information about your My Tech Guru Seller Account to you electronically, by posting it on our website, pushing notifications through the Seller Panel, or by emailing it to the email address listed in your My Tech Guru Seller Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact My Tech Guru Support. If we are not able to support your request, you may need to terminate your My Tech Guru Seller Account.Restriction: You may not, nor may you permit any third party, directly or indirectly, to:
- access or monitor any material or information on any My Tech Guru system using any manual process or robot, spider, scraper, or other automated means;
- except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any My Tech Guru service, work around, bypass, or circumvent any of the technical limitations of the My Tech Guru services, use any tool to enable features or functionalities that are otherwise disabled in the My Tech Guru services, or decompile, disassemble or otherwise reverse engineer the My Tech Guru services;
- perform or attempt to perform any actions that would interfere with the proper working of the My Tech Guru services, prevent access to or use of the My Tech Guru services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or My Tech Guru services from My Tech Guru;
- use and benefit from the My Tech Guru services via a rental, lease, timesharing, service bureau or other arrangement;
- transfer any rights granted to you under these Seller Account Terms and Conditions;
- use the My Tech Guru services in a way that distracts or prevents you from obeying traffic or safety laws;
- use the My Tech Guru services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
- use the My Tech Guru services for any illegal activity or goods or in any way that exposes you, other My Tech Guru users, our partners, or My Tech Guru to harm; or
- otherwise use the My Tech Guru services except as expressly allowed under these Seller Account Terms and Conditions and applicable additional Terms and Conditions.
If we reasonably suspect that your My Tech Guru Seller Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your My Tech Guru Seller Account, and any of your transactions with law enforcement.Compatible Mobile Devices and Third Party Carriers: We do not warrant that the My Tech Guru services will be compatible with your mobile device or carrier. You may not use a modified mobile device to use the My Tech Guru services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
Your Content: The My Tech Guru services may include functionality for uploading or providing photos, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”). You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the My Tech Guru services. You retain all rights in your Content, subject to the rights you granted to us in these Seller Account Terms and Conditions. You may modify or remove your Content via your My Tech Guru Seller Account or by terminating your My Tech Guru Seller Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the My Tech Guru services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with My Tech Guru’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the My Tech Guru services, or which may expose My Tech Guru, its affiliates or its customers to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the My Tech Guru services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.Security: We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the My Tech Guru services from your computers and compatible mobile devices. You will immediately notify us of any unauthorized use of your password or My Tech Guru Seller Account or any other breach of security. In the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any My Tech Guru Seller Account subject to dispute) will be final and binding on all parties.Communication: You consent to accept and receive communications from us, including email, text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, reminders and other notifications. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you. You may also opt-out of text messages from My Tech Guru at any time by replying STOP to the number that you received a message from. You acknowledge that opting out of receiving communications may impact your use of the My Tech Guru services.
Paid Service: My Tech Guru may offer services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). My Tech Guru has the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee, any commissions, and any applicable taxes as set forth in your My Tech Guru Seller Account plan services or as otherwise agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees, commissions, and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be paid by debit card, credit card, or deducted from your Buyer Order proceeds. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your Buyer Order proceeds, the Balance (as defined in the Payment Terms) in your My Tech Guru Seller Account or your linked bank account.
Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on a monthly basis of every month, based upon your Subscription date, until cancelled. You may cancel a Subscription Service at any time from your My Tech Guru Seller Account Seller Panel. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.Termination: We may terminate these Seller Account Terms and Conditions or any Additional Terms and Conditions, or suspend or terminate your My Tech Guru Seller Account or your access to any My Tech Guru services, at any time for any reason. We will take reasonable steps to notify you of termination by email or at the next time you attempt to access your My Tech Guru Seller Account. You may also terminate the Seller Account Terms and Conditions and Additional Terms and Conditions applicable to your My Tech Guru Seller Account by deactivating your My Tech Guru Seller Account at any time.
Effect of Termination: If these Seller Account Terms and Conditions or your My Tech Guru Seller Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Seller Account Terms and Conditions and any Additional Terms and Conditions will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the My Tech Guru services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: (Your Content), (Copyright and Trademark Infringement), (Effect of Termination), (Ownership), (Indemnity), (Representations and Warranties), (No Warranties), (Limitation of Liability and Damages), (Third Party Products), (Disputes), (Binding Individual Arbitration), (Governing Law), (Limitation on Time to Initiate a Dispute), (Assignment), (Third Party Service and Links to Other Web Sites), and (Other Provisions).
Your License: We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the My Tech Guru services, as authorized in these Seller Account Terms and Conditions. We may make software updates to the My Tech Guru services available to you. Any such software updates may be subject to additional Terms and Conditions made known to you at that time.
Ownership: We reserve all rights not expressly granted to you in these Seller Account Terms and Conditions. We own all rights, title, interest, copyright and other worldwide Intellectual Property Rights (as defined below) in the My Tech Guru services and all copies of the Services. These Seller Account Terms and Conditions do not grant you any rights to our trademarks or service marks.
For the purposes of these Seller Account Terms and Conditions, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit comments or ideas about the My Tech Guru services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Indemnity: You will indemnify, defend, and hold us and our partners (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Seller Account Terms and Conditions or any Additional Terms and Conditions; (b) your wrongful or improper use of the My Tech Guru services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the My Tech Guru services with your unique name, password or other appropriate security code.
Representations and Warranties: You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the My Tech Guru services and have the right, power, and ability to enter into and perform under these Seller Account Terms and Conditions; (c) any information you provide in connection with the My Tech Guru services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated through your listed products will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (e) you will not use the My Tech Guru services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the My Tech Guru services will be in compliance with these Seller Account Terms and Conditions and applicable Additional Terms and Conditions.No Warranties: THE USE OF “MY TECH GURU SERVICES” MEANS MY TECH GURU, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE MY TECH GURU SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, MY TECH GURU SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MY TECH GURU DOES NOT WARRANT OR GUARANTEE THAT THE MY TECH GURU SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
My Tech Guru does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. My Tech Guru does not have control of, or liability for, goods or services that are paid for using the My Tech Guru services.Limitations of Liability and Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MY TECH GURU BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION; DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE MY TECH GURU SERVICES. IN ALL CASES, MY TECH GURU WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL MY TECH GURU BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE MY TECH GURU SERVICES OR YOUR MY TECH GURU SELLER ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MY TECH GURU IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE MY TECH GURU SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MY TECH GURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.Third Party Products: All third party hardware and other products included or sold with the My Tech Guru services are provided solely according to the warranty and other terms specified by the manufacturer and/or vendor, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer or vendor directly. MY TECH GURU MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Disputes: “Disputes” are defined as any claim, controversy, or dispute between you and My Tech Guru, its partners, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Seller Account Terms and Conditions, any Additional Terms and Conditions, or the Services, or any other aspect of our relationship.
Binding Individual Arbitration: You and My Tech Guru agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE SELLER ACCOUNT TERMS AND CONDITIONS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST MY TECH GURU. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Dallas County, Texas, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and My Tech Guru also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the My Tech Guru services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the County of Dallas, Texas, or federal court for the Northern District of Texas.
Governing Law: These Seller Account Terms and Conditions and any Dispute will be governed by Texas law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within Texas, without regard to its choice of law or conflicts of law principles.
Limitation on Time to Initiate a Dispute: Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
Other Provisions: These Seller Account Terms and Conditions, and any applicable Additional Terms and Conditions or Policies, are a complete statement of the agreement between you and My Tech Guru regarding the My Tech Guru services. In the event of a conflict between these Seller Account Terms and Conditions and any other My Tech Guru agreement or Policy, these Seller Account Terms and Conditions will prevail and control the subject matter of such conflict. If any provision of these Seller Account Terms and Conditions or any Additional Terms and Conditions are invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Seller Account Terms and Conditions do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Seller Account Terms and Conditions will be deemed a further or continuing waiver of such term or any other term.
My Tech Guru
P.O. Box 168272
Irving, TX 75016
Last update: June 10, 2017