Terms of Use - The TechMatch.com

The mission of The TechMatch is to successfully connect technology owners and parties who search for technologies and solutions. Our services are designed to promote contacts and create future business opportunites for our members.

Table of Contents:

Introduction
Obligations
Rights and Limits
Disclaimer and Limit of Liability
Termination
Governing Law and Dispute Resolution
General Terms
LinkedIn “Dos and Don’ts”
Complaints Regarding Content
How To Contact Us

1. Introduction

1.1 Contract

You agree that by subscibing to our service in our shop by clicking „Order now“ or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with The TechMatch (owned and operated by CONSULT2U GbR), even if you are using our services on behalf of a company. If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Order Now” (or similar) and do not access or otherwise use any of our services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our services.

Services

This Contract applies to TheTechMatch.com, and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members” and unregistered users are “Visitors”.

The TechMatch

You are entering into this Contract with TheTechMatch (owned and operated by CONSULT2U GbR), also referred to as “we” and “us”.

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

1.2 Members and Visitors

When you subscribe to any of our subsciption services, you become a Member. If you have chosen not to subscribe to our Services, you may access certain features as a “Visitor.”

1.3 Change

We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. Obligations

2.1 Service Eligibility

The Services are not for use by anyone under the age of 18.

To use the Services, you agree that:

(1) you must be the "Minimum Age"(described below) or older;

(2) you will only have one The TechMatch account, which must be in your real name;

(3) you are not already restricted by The TechMatch from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

“Minimum Age” means 18 years old. However, if law requires that you must be older in order for The TechMatch to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

Members are account holders. You agree to:

(1) use a strong password and keep it confidential;

(2) not transfer any part of your account (e.g., connections);

(3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account

2.3 Payment

If you subscribe to any of our paid Services (“Buyer’s Membership“, „Vendor’s Membership Basic“, or „Vendor’s Membership Premium“), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. You can cancel or suspend your subscribed Services under „My Account“.
All of your purchases of Services are non-refundable, including fee and other charges, except as required by law.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

You can get a copy of your invoice through your account settings under “Purchase History”.

2.4 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. This can be done under „My Account“.

Please review your settings to control and limit messages you receive from us.

2.5 Sharing

Our Services allow sharing of information in many ways, such as technology postings. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Level 1 information will be shared to Visitors and Members, whreas Level 2 information on any technology offer can only be seen by Members. We are not obligated to publish

3. Rights and Limits

3.1. Your Subsciption to The TechMatch

As between you and The TechMatch, you own the content and information that you submit or post to the Services, and you are only granting The TechMatch and our affiliates the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

You can end this license for specific content by demanding us to delete such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content).
While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You and The TechMatch agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to The TechMatch, you agree that The TechMatch can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. The TechMatch may be required by law to remove certain information or content in certain countries.

3.2 Service Availability

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

We don’t promise to store or keep showing any information and content that you’ve posted. The TechMatch is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. The TechMatch generally reviews the content provided by our Members to our best knowledge. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

3.4 Limits

The TechMatch reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. The TechMatch reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).

3.5 Intellectual Property Rights

The TechMatch reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. TheTechMatch logos and other trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of The TechMatch.

4. Disclaimer and Limit of Liability

4.1 No Warranty

The TechMatch makes no representation or warranty about the services, including any representation that the services will be uninterrupted or error-free, and provides the services (including content and information) on an “as is“ and „as available“ basis. To the fullest extent permitted under applicable law, The TechMatch disclaims any implied or statutory warranty, including and implied warranty of title, accuracy of data, non-infringement, merchantability ir fitness for a particular purpose.

4.2 Exclusion of Liability

To the fullest extent permitted by law (and unless The TechMatch has entered into a separate written agreement that overrides this contract), The TechMatch will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g. offensive or defamatory statements), loss of data (e.g. down time or loss, use of, or changes to, your information or content) or any indirect, incidential, consequential, special or punitive damages.

The TechMatch will not be liable to you in connection with this contarct for any amount that exceeds the total fees paid or payable by you to The TechMatch for the services during this contract, if any.

4.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and The TechMatch and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if The TechMatch has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

5. Termination

Both you and The TechMatch may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

Any amounts owed by either party prior to termination remain owed after termination.

You can visit „My Account“ to close your account.

6. Governing Law and Dispute Resolution

You and The TechMatch agree that the laws of the Federal Republic of Germany shall exclusively govern any dispute relating to this Contract and/or the Services. You and The TechMatch both agree that all claims and disputes can be litigated only in the courts in Düsseldorf (Germany), and you and The TechMatch each agree to personal jurisdiction in those courts

7. General Terms

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we do not act to enforce a breach of this Contract, that does not mean that The TechMatch has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that The TechMatch may assign this Contract to a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. The TechMatch “Dos and Don’ts”

8.1. Dos

You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile; and
Use the Services in a professional manner.

8.2. Don’ts

You agree that you will not:

Create a false identity on LinkedIn, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of The TechMatch;
Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
Violate the intellectual property or other rights of The TechMatch, including, without limitation, (i) copying or distributing other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “The TechMatch” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
Post anything that contains software viruses, worms, or any other harmful code;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Imply or state that you are affiliated with or endorsed by The TechMatch without our express consent;
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without The TechMatch’s consent;
Deep-link to our Services for any purpose other than to promote your technology on our Services, without The TechMatch’s consent;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service, where applicable.

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

10. How To Contact Us

For general inquiries, you may contact us online via [email protected].

For legal notices or service of process, you may write us at this address:

CONSULT2U GbR

Nell-Breuning-Strasse 24

47877 Willich

Germany