This Tecexit LLC, Agency Partner Portal Terms of Use Agreement (“Agreement”) is made by and between Tecexit LLC., a Delaware corporation, with offices at 212 Gordanvale St, Simpsonville at South Carolina, and you (“you,” “your,” or “Tecexit LLC”, Agency Partner”). This Agreement contains the terms and conditions that govern your use of the Tecexit LLC Inc. Services and the IONOS Agency Partner Portal as defined below.
BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING Tecexit LLC SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE TECEXIT SERVICES, TECEXIT AGENCY PARTNER PORTAL, OR TECEXIT PARTNER NETWORK.
TECEXIT RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN TECEXIT LLC SOLE DISCRETION. CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS AND CONDITIONS” HYPER-LINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE IONOS WEB SITE.
a. The term "End Customer" refers to persons who have purchased one or more Tecexit products and are interested in using services associated with those products.
b. The term "GT&C" shall mean Tecexit then current General Terms and Conditions of Service, as amended from time to time, accessible at https://www.Tecexit.com/terms-gtc/general-terms-and-conditions
c. The term "Tecexit Services" means the services provided by Tecexit to Tecexit Agency Partner, or any End Customers.
d. The term "Tecexit Agency Partner" means companies or individuals that have registered with Tecexit to provide and perform services to End Customers.
e. The term "Tecexit Agency Partner Content" means content, remarks, suggestions, ideas, graphics, or other information communicated to Tecexit via the Tecexit Services, whether provided by the Tecexit Agency Partner, an End Customer or third parties.
f. The term "Tecexit Agency Partner Portal" means the username and password protected area in which Tecexit Agency Partner can store their contact data and manage Customer accounts as well.
g. The term "Tecexit Agency Partner Network" means the online directory accessible at https://partnernetwork.ionos.com in which Tecexit Agency Partner can offer the Tecexit Agency Partner Services to End Customers. The publication of list entries is at the complete discretion of Tecexit.
h. The term " Tecexit Agency Partner Services" means the services performed by a Tecexit Agency Partner on behalf of an End Customer utilizing Tecexit Services
a. Using the Tecexit Agency Partner Portal, Tecexit Agency Partner can provide Tecexit Agency Partner Services on behalf of an End Customer and access such End Customer's accounts. In addition, an Tecexit Agency Partner can publish their contact information in the Tecexit Agency Partner Network.
b. To access the Tecexit Agency Partner Portal or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the IONOS Agency Partner Portal that all the information you provide on this site be correct, current, and complete. If Tecexit believes the information you provide is not correct, current, or complete, IONOS has the right to refuse access to the Tecexit Agency Partner Portal or any Tecexit Services, and to terminate or suspend your access at any time. You may use the Tecexit Agency Partner Portal only for purposes expressly permitted by this Agreement. As a condition of your use of the Tecexit Agency Partner Portal, you warrant to Tecexit that you will not use the Tecexit Agency Partner Portal for any purpose that is unlawful or prohibited by this Agreement.
c. Access Request:
a. By requesting access to an End Customer account, the Tecexit Agency Partner acknowledges and agrees to:
b. You hereby grant to Tecexit the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Tecexit Agency Partner Content. You represent and warrant that you have all rights necessary to post or otherwise utilize the Tecexit Agency Partner Content, and that all Tecexit Agency Partner Content will be in accordance with the GT&C. As set forth in Section 3 hereto, you agree to indemnify and hold harmless Tecexit from any liability related to such Tecexit Agency Partner Content.
a. Any breach of this Agreement, determined in our sole and absolute discretion, may result in immediate suspension or termination of access to the Services, and/or legal action. If the Tecexit LLC. Services are cancelled for any reason, any Tecexit Agency Partner Content will be lost and cannot be recovered.
b. YOUR USE OF THE TECEXIT SITE, INCLUDING BUT NOT LIMITED TO THE TECEXIT AGENCY PARTNER PORTAL, IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TECEXIT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TECEXIT DOES NOT WARRANT THAT THE SITE OR THE TECEXIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECEXIT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULT OF USE, OF THE TECEXIT SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. TECEXIT MAKES NO WARRANTIES THAT YOUR USE OF THE TECXEXIT SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH TECEXIT SERVICES.
c. TECEIT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TECEXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TECEXIT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $5,000.
d. You agree to indemnify, hold harmless and defend TECEXIT and its customers, contractors, agents, employees, officers, directors, shareholders and affiliates (the "Indemnified Parties") from and against any and all liabilities, claims, damages, losses, claims, proceedings, liabilities, costs and expenses, including reasonable attorneys' fees and costs, arising out of your breach of this Agreement, including any use of an End Customer account other than as expressly authorized by the End Customer or this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the IONOS Services.
a. These Terms of Use will be governed and interpreted pursuant to the laws of North Carolina, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the Commonwealth of Tecexit in connection with any dispute between you and Tecexit arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Tecexit in Simpsonville, SC.
b. THE PARTIES EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY ACTION ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT IS LITIGATED OR HEARD IN ANY COURT.
C. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
d. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tecexit as a result of this agreement or use of Tecexit Web sites.
e. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and Tecexit with respect to Tecexit while rescue web sites.
f. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
g. Tecexit reserves the right to make changes to the Tecexit Agency Partner Portal at any time without notice or to discontinue the Tecexit Agency Partner Portal temporarily or permanently.
h. Tecexit make no guarantees or assurances as to the quality of the Tecexit Agency Partner Services, including but not limited to any work product produced by Tecexit Agency Partner. Any disputes relating thereto are to be resolved between End Customer and Tecexit Agency Partner, at their sole cost, without the involvement of Tecexit.