Last Updated: Jan 30, 2013
Terms & Conditions
The content on this Site is provided by Tech.pro and its licensors and content providers. The "Site" refers to http://tech.pro and all other Web properties owned or operated by Tech.pro, Inc. now and in the future (or anything that replaces, supplements, or supersedes the Web as the site of Tech.pro).
The basic agreement is the Terms & Conditions ("T&C") which you are now reading. The T&C sets out the legal terms by which Tech.pro makes its web site and services available. When you visit Tech.pro, you will automatically be bound by the T&C. By using the Site, you accept our then current T&C, as revised and updated.
Description of Services
What is Tech.pro?
Tech.pro provides you with access to a variety of resources and tools:
(collectively "Services"). All Services offered by Tech.pro, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the T&C.
Our Site is a 'free' site for the technology community to share material and experiences. In order to enable Tech.pro to host and operate the Site, and keep its use free to you, we need to impose legal terms on you that establish our basic rights and responsibilities between us, and restrict your ability to take actions against us that could increase our costs of operating the site, or impose onerous obligations on us.
Use of Services
We need you to comply with our T&C in order to fix practical and effective rules for the orderly functioning of the Site as we see it.
Your use of the Services is subject to your continued compliance with these T&C and any other agreements, guidelines or rules that Tech.pro may post in respect of its Services. We can terminate your access to the Site without warning if you fail to comply with the T&C or any other applicable Agreement, guidelines or rules published by Tech.pro.
Be respectful of each other, and please recognize that we are not responsible for the acts of the community
All Tutorials and Articles are the sole responsibility of the Contributors providing or posting such material . We do not guarantee a person's identity. Do not assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Content may include material that some persons will find offensive, indecent or objectionable. Always use caution when giving out any personally identifiable information in any Services.
Nothing submitted to Tech.pro or to any Communications Services on our Site shall be deemed confidential. Do not reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. You must not reveal the health or other private information of third parties without their knowledge and consent.
Tech.pro does not control or endorse the content, messages or information found in any Services, and is not and cannot be responsible for content, messages or information, or the accuracy, integrity, or quality thereof. Tech.pro will not be responsible for any reliance or decisions made based on such content, messages or information. Tech.pro specifically disclaims any liability with regard to the Services and any Tutorials or Articles, and any actions resulting from your participation in any Services and use of any Material. Managers, administrators and hosts may not be authorized spokespersons of Tech.pro, and their views do not necessarily reflect those of Tech.pro.
The Services may contain e-mail services, comments, forums, communities, profile pages, and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Services, you will not:
Posted Code Notice
Unless otherwise stated within the article contents, the end user license agreement for any article posted on Tech.pro conforms to the Code Project Open License Agreement.
TECH.PRO DOES NOT MAKE ANY A SSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF ANY CODE THAT MAY BE POSTED ON THE SITE. Tech.pro will not be liable to you or any party on any legal theory for any damages whatsoever, including without limitation any direct, indirect, general, special, incidental, consequential, punitive, or exemplary damages (including costs and lawyers fees) arising in connection with any Tutorial.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING CODE MADE AVAILABLE TO YOU. ALL RIGHTS NOT EXPRESSLY GRANTED, ARE RESERVED.
You represent, warrant, and confirm that:
a. No Infringement: To the best of your knowledge and belief, after reasonable inquiry, your Work does not knowingly infringe the rights of any third party, including but not limited to, rights in copyrights, patents, trade marks, service marks, trade secrets, privacy, personality, or other proprietary rights.
b. You have necessary Rights to your Work: You are the author of the Work and have not assigned your rights or had such rights vest in any third party by contract, operation of law or otherwise or if not the author, you have secured all necessary rights and licenses from the owner(s); and you have the right to grant the rights and licenses contained herein.
c. No malicious code: You have not included, and to the best of your knowledge and belief, after reasonable inquiry, your Work does not contain, any virii, Trojan horse, worm, spyware, adware, or other harmful or malicious code.
d. We have the right to identify you: Tech.pro can and shall publish your name and/or site ID in connection with your Work, and if you require end users to contact you for any reason in connection with licensing of your Work, Tech.pro can and shall publish your contact information.
e. We don't want to breach other publisher's rights: If the Work is a previously published work, Contributor must give Tech.pro notice of the prior publication and provide the consent of all copyright holders to the Work being posted on Tech.pro and made available to users of the Site.
The Work is otherwise provided "as is", "where is", "as available", without warranty or guarantee of any kind. This means no express, implied or statutory warranty, including without limitation, warranties or conditions of merchantability or fitness for a particular purpose.
Nothing in this Contributor's Agreement restricts or limits your pre-existing rights to use, publish, perform, or distribute your Work.
Submissions are Received Without Payment to You: Your submissions and the rights and licenses you grant are provided without cost to Tech.pro and to participants in Tech.pro Site. You accept that you receive benefit sufficient to constitute any necessary good and valuable consideration for the rights and licenses granted herein.
Rights of Tech.pro: You grant Tech.pro, its affiliated companies and necessary sub-licensees a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, fully assignable and transferable right and license, to edit, adapt, translate, reformat your Work, to post your Work (eg. publish, display, perform, digitally perform) anywhere on our Site, to do what Tech.pro feels it needs to do to manage and update the Site, to make and maintain back-up and archival copies, and to make your Work available to End Users in accordance with this Agreement and the Tech.pro EULA.
Tech.pro has no obligation to police compliance with any participant's use or misuse of any Work and the Contributor releases Tech.pro from all liability arising from any use or misuse of the Work by a participant in Tech.pro Site.
By making any submission of Work to Tech.pro, you understand that you have read and agreed to the above usage terms. These terms will be strictly enforced.
We do not want to have responsibility for issues concerning minors
In cases where you have authorized a minor to use the Tech.pro Site, a site owned by Tech.pro or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Tech.pro Site, a site owned by Tech.pro or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of Tech.pro Site (or affiliated sites) may contain material that is inappropriate for minors.
Limitation of Liability
The "We are not liable clause". This allows us to keep our costs down and still allow relatively free and open disclosure from our contributors
TECH.PRO AND/OR ITS RESPECTIVE SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIAL PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL MATERIAL IS PROVIDED "AS IS", "WHERE IS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TECH.PRO AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL MATERIAL, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIAL PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TECH.PRO AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
You release, indemnify and hold harmless Tech.pro, its affiliates, employees, contractors, agents, and assigns from all liability for loss or damage howsoever occasioned resulting from your use, misuse, reliance upon, or inability to use anything found on Tech.pro, and from Tech.pro's use, misuse, or non-use of any Tutorials or Articles submitted, and from any bugs, virii or other malicious code, errors in, interruption, suspension, or termination of any Services.
IN NO EVENT SHALL TECH.PRO AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, OR OTHERWISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIAL AVAILABLE FROM THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. ABSENT GROSS NEGLIGENCE OR GROSS MISCONDUCT BY TECH.PRO, IN NO EVENT SHALL TECH.PRO BE LIABLE FOR ANY DAMAGES WHATSOVER, UNDER ANY LEGAL THEORY.
Links to Other Sites
If another site causes you damages, look to that other site for relief
Limitation of Action
In the event that any action or other proceeding is sought to be brought against Tech.pro for any purpose, you agree, notwithstanding any legislative Statute of Limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against Tech.pro and any persons who in law or at equity could claim contribution or indemnity against Tech.pro.
Protection against Your Breach
We need to be able to operate a site that many people can feel comfortable using, without liability to us
You agree to indemnify, defend and hold harmless Tech.pro, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorney's fees) arising out of a violation or alleged violation by you of these T&C or arising from material posted by you or contributed by you on the Site. You agree to cooperate as fully as reasonably required in the defense of any such claim.
Tech.pro reserves the right (but is not obligated) to do any or all of the following:
Tech.pro reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Tech.pro has no liability or responsibility to users of this Site or the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
Tech.pro, its successors and assigns, shall have the right to assign or transfer this Agreement, all other agreements between the parties, and all Tech.pro’s benefits in their absolute discretion and from time to time.
Relationship of Parties
You and Tech.pro are independent contractors. Nothing in this Agreement or any schedules or documents incorporated by reference herein or into which this Agreement is incorporated by reference into, create a partnership, joint venture, agency, or employment relationship between you and Tech.pro or give you any rights or authority to bind Tech.pro to any contractual or other obligations.
Submission of Ideas and Suggestions
Tech.pro does not accept or consider unsolicited ideas, including new ideas and suggestions as to improvements to the Site, marketing, advertising, promotions, new product and service offerings, product and service names and marks ("Submissions"). Please do not send any original creative artwork, samples, demos, or other works for any such purposes. We wish to avoid confusion or misunderstanding or dispute when Tech.pro's products, services or strategies might seem similar to Submissions. Consequently, we advise you that any Suggestion made to Tech.pro will not be treated as proprietary information of you, and will be received by Tech.pro without any obligations of confidence whatsoever. Second, you grant Tech.pro, its affiliated companies and necessary sub-licensees permission to use and a grant of a worldwide, non-terminable, royalty-free, full assignable and transferable right and license in perpetuity to use and apply your Suggestions for any purpose(s) Tech.pro considers fit in its sole discretion. Third, Tech.pro is under no obligation to use your Suggestion or pay you anything for your Suggestion. Fourth, you confirm that you will own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit, or for Tech.pro to use your Submissions.
If you identify problems with the usability, operability, or interoperability of Tech.pro or any Services, you may deliver or suggest amendments or "bug fixes" for Tech.pro's consideration. Tech.pro shall have the absolute right to incorporate all such amendments or "bug fixes" accepted by Tech.pro into products and Services provided by Tech.pro for all purposes, without any payment or other compensation to you. All right, title and interest to any submitted amendments or "bug fixes", whether accepted or not, shall transfer to Tech.pro at no cost to Tech.pro as a royalty free right granted in perpetuity.
If you wish to present a business proposition between yourself and Tech.pro on a confidential basis, you should first enter into negotiations with Tech.pro to sign a non-disclosure agreement, and only after such non-disclosure agreement is signed will any disclosure be deemed confidential, and only to the extent and for the purposes contained in that agreement.
You expressly acknowledge that Tech.pro has entered into this agreement, and has and will make its Site and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Tech.pro. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
If any provision of these T&C is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&C, which shall remain in full force and effect. No waiver of any of these T&C shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Your obligations to Tech.pro contained in these T&C and in all applicable agreements between yourself and Tech.pro shall survive termination.
Governing Law, Choice of Forum and Agreement to Arbitrate
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Texas, United States of America, without regard to principles of conflicts of law, and any action regarding same or the use of this website and the services provided by Tech.Pro shall be initiated and maintained in a forum of competent jurisdiction in Houston, Harris County, Texas, United States of America. Any such legal actions or disputes shall be resolved by binding arbitration pursuant to the rules of the American Arbitration Association.