TERMS OF SALE
Updated August 2021
IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 28. IT AFFECTS HOW DISPUTES ARE RESOLVED. Please note this is a United States-only e-commerce website.
Welcome to Technology Management Concept’s (TMC) online stores operated in the United States by TMC, located at 807 Parkview Drive North, Ste. 150, El Segundo, CA 90245, USA. This includes the following websites:
“Store” refers to our online venue that allows you to browse, view, acquire, purchase products, These Terms of Sale (“Terms of Sale”) cover use of the TMC virtual Store. Through the Store, TMC provides access to a variety of resources, including download areas, software, tools, and information about software, services, and other merchandise (collectively “Services”). The term “Store” includes Services. Many of the products, services and content offered in the Store are offered by entities other than TMC. By using the Store, or by acquiring products or services from the Store, you accept and agree to these Terms of Sale, TMC’s Privacy Statement (below) and applicable terms and conditions, policies or disclaimers found in the Store or referenced in these Terms of Sale (collectively the “Store Policies”). We encourage you to read the Store Policies carefully. YOU MAY NOT USE THE STORE IF YOU DO NOT AGREE TO THE STORE POLICIES.
TMC may update or amend any policies without notice at any time.
Terms relating to your use of the store:
1. Customer Account.
2. No Unlawful or Prohibited Use.
As a condition of your use of the Store, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms that apply to your use of the Store. You may not use the Store in any manner that could damage, disable, overburden, or impair any TMC server, or the network(s) connected to any TMC server, or interfere with any other party’s use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any TMC server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including TMC. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the Store.
3. Links to Third-Party Websites.
The Store may include links to third-party websites that let you leave the Store. These linked sites are not under the control of TMC and TMC is not responsible for the contents of any linked site, or any link contained in a linked site. TMC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TMC of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
Terms relating to the sale of products and services to you
4. Geographic Availability.
Available products and services may vary depending on your region or device. In addition, there may be limits on where we can license goods or provide services or digital content.
5. End Users Only.
You must be an end user to purchase products and services from the Store. Resellers are not eligible to purchase.
6. Export Limitations.
Products and services acquired from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
By providing TMC with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize TMC to charge you for any products, services or available content purchased using your payment method; and (iii) authorize TMC to charge you for any paid feature of the Store that you choose to sign up for or use. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed. See the Automatic Renewal section below.
If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.
8. Recurring Payments.
When you purchase products, services, or content on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to TMC by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by TMC or otherwise in accordance with its terms. By authorizing recurring payments, you are authorizing TMC to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, TMC reserves the right to collect any applicable return item, rejection or other fees as permitted by applicable law.
9. Product Availability and Quantity and Order Limits.
Product prices and availability are subject to change at any time and without notice. TMC may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the products or services that you ordered are unavailable, we may contact you to offer you an alternative product. If you do not choose to purchase the alternative product, we will cancel your order.
TMC may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, in our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions. In the event of cancellation, your access to the associated content will be disabled.
We may disable access to content associated with your account for any reason. We may also remove or disable games, applications, content, or services on your device in order to protect the Store or potentially affected parties. Some content and applications may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download content or applications or re-stream certain content that you purchased; you may need to re-purchase content or applications that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application you purchase.
Certain Office Store apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update. Some other apps may not be accessible until you accept an update. These updates are not provided by TMC.
11. Software Licenses and Use Rights.
Software and other digital content made available through the Store is licensed, not sold, to you. Applications downloaded directly from the Store are subject to the Standard Application License Terms (“SALT”) available at Standard Application License Terms unless different license terms are provided with the application. (Applications downloaded from the Office Store are not governed by the SALT and have separate license terms.) Apps, games, and other digital content obtained through the Store are subject to the usage rules located at Usage rules for digital goods. You understand and acknowledge that your rights with respect to these digital goods are limited by these Terms of Sale, copyright law and the usage rules referenced above. Any reproduction or redistribution of software or merchandise not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.
PLEASE CONTACT THE TMC at [email protected] IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT OR WARRANTY FOR BOXED SOFTWARE, AT NO COST, BEFORE YOU OPEN ANY SOFTWARE PACKAGING.
FOR YOUR CONVENIENCE, TMC MAY MAKE AVAILABLE AS PART OF THE STORE OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TMC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM ANY SUCH TOOLS OR UTILITIES.
Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or in software or merchandise.
12. Codes for Software and Content Downloads.
Software and content are delivered to you an email link being sent once purchase is confirmed. available
The Store does not have a price match guarantee.
Unless stated otherwise, prices shown in the Store exclude taxes or charges (“Taxes”) that may apply to your purchase. Prices shown in the Store also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs.
Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.
14. Automatic Renewal Selection.
Your licenses will automatically renew at the end of a fixed service period. Upon automatically renewing your product or service at the end of your current service period, we will charge you the then-current price for the renewal term, unless you have chosen to cancel the product or service as described below. We will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. You may cancel the products or services prior to the renewal date. You must cancel before the renewal date to avoid being billed for the renewal.
15. Return Policy.
We do not accept returns or exchanges. Once, the software link has been received and the license accessed, there is 30-day cancellation policy. This Return Policy does not affect any statutory rights that may apply to your purchase. If a cancellation is mid-month, there are no partial refunds.These Terms of Sale will still apply to the time between your purchase or download, as applicable, and return.
16. Payments to You.
If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. To the extent permitted by applicable law, you must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.
17. Customer Service.
Please email [email protected] if you have any questions.
18. Changing Terms.
TMC may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, TMC may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Store. We recommend that you save or print a copy of the Terms of Sale for future reference when you acquire something.
19. Age Limitations.
You acknowledge that you are authorized to place an order and to perform any other legal acts required of you under these Terms of Sale. Age limits may apply to your use of the Store, including purchases.
20. Privacy and Protection of Personal Information.
Your privacy is important to us. We use certain information that we collect from you to operate and provide the Store. Please read the TMC Privacy Statement as it describes the types of data, we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statement also describes how TMC uses your communications with others; postings or feedback submitted by you to TMC via the Store; and the files, photos, documents, audio, digital works, and videos that you upload, store, or share on your devices or through the Store (“Your Content”). By using the Store, you expressly consent to TMC’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.
21. Product Display and Colors.
TMC attempts to display product colors and images accurately, but we cannot guarantee that the color you see on your device screen or monitor will exactly match the product’s color.
22. Errors in Store Presentation.
We work hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. We reserve the right to make changes to the Store at any time, including to product prices, specifications, offers and availability.
23. Termination of Use or Access.
TMC may terminate your account or use of the Store at any time for any reason, including, without limitation, if you are in breach of these Terms of Sale or the Store Policies, or if the Store is no longer operated by TMC. By using the Store, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. TMC may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.
24.Warranties and Limitation of Remedies.
TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, TMC AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE IN THE STORE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY:
- YOUR PURCHASE AND USE ARE AT YOUR OWN RISK.
- WE PROVIDE PRODUCTS AND SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”;
- YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE; AND
- SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
TMC DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.
If, despite these Terms of Sale, you have any basis for recovering damages arising out of or RELATING TO the Store (including the Services), or any product or service offered, your exclusive remedy is to recover from TMC or IT’S suppliers, resellers, distributors, and content providers DIRECT total damages up to (1) the price or fee for one month of any service, subscription, or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) if you live in (or are a business with your principal place of business in) the United States, US $100.00 if there was no service, subscription, or similar fee,
YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
25. Limitation of Liability.
YOU AGREE THAT YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. The limitations and exclusions IN SECTIONS 26 AND 27 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. SOME STATES OR PROVINCES/territories DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, these limitations and exclusions apply to All CLAIMS, UNDER ANY LEGAL THEORY, related to the Store (including the Services), these terms of sale, or any product or service offered, including loss of content, any virus OR MALWARE affecting your use of the Store OR ANY PRODUCT OR SERVICE ACQUIRED FROM THE STORE; AND delays or failures in starting or completing transmissions or transactions.
26. Binding Arbitration and Class Action Waiver If You Live In (or Are a Business with Your Principal Place of Business In) the United States.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes TMC and its affiliates.
- Disputes Covered—Everything Except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Store (including the Services), any advertising, marketing, or communications, any products or services offered or sold, any purchase transactions or billing, or these Terms of Sale or Store Policies, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
- Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to TMC, ATTN: Avigal Horrow, 807 N. Parkview Drive, Ste. 150, El Segundo, CA 90245. Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. You and TMC will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or we may start an arbitration if the dispute is unresolved.
- Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or Los Angeles, Ca, if you meet the court’s requirements.
- Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules. For more information, see American Arbitration Association or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or Los Angeles, Ca. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under Commercial Rule 7 or Consumer Rule 14, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
- Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes – see Section 28(a)) within one year from when it first could be filed. Otherwise, it’s permanently barred.
- Conflict with AAA Rules. These Terms of Sale govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
27. Interpreting These Terms.
All parts of these Terms of Sale apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence (or, if a business, your principal place of business). If it is determined that we can’t enforce a part of these Terms of Sale as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms of Sale won’t change.
We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms of Sale.
29. Choice of Law and Place to Resolve Disputes.
If you live in (or are a business with your principal place of business in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles, California, for all disputes arising out of or relating to these Terms of Sale or Store Policies, the Store (including the Services), any advertising marketing, or communications, any purchase transactions or billing, or any products or services offered or sold, that are heard in court (excluding arbitration and small claims court).
Notices and procedure for making claims of intellectual property infringement. TMC respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, please use the address and process identified in paragraph 28. ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. TMC uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, TMC may also disable or terminate accounts of users of TMC services who may be repeat infringers.
31. Safety Warning.
To avoid possible injury, discomfort, or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking, or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.