Terms of Service | Product & Website

Users of the Platform may be required to register before accessing certain portions of the Platform. User information will be collected and disclosed in accordance with our Privacy Policy. All Users are required to provide truthful and accurate information when registering for our Platform and may only register for one account. We reserve the right to verify all User credentials and to reject any User in our sole and absolute discretion.

When you register for an account on the Platform, Tekmetric will provide you with login credentials (such as a username and password or access codes (“Access Codes”) to access the appropriate non-public portions of the Platform, as determined by Tekmetric in its sole discretion. Access Codes are the property of Tekmetric. If your access to the Platform is terminated, the Access Codes provided to you will be rescinded, you will no longer be permitted to use the Platform, and all rights, licenses, and sublicenses granted with respect to such service, whether real or implied, will be immediately and automatically terminated. You are solely responsible for maintaining all necessary security and control of the Access Codes.

‍Tekmetric will be entitled to rely on all information it receives from your account and may assume that all such information was transmitted by you or on your behalf with your authorization. You acknowledge and agree that: (a) you are responsible for implementing and maintaining systems designed to ensure that Access Codes are distributed only to your designated officers, employees, and agents who are authorized by you to utilize the Platform; (b) your officers, employees, and agents will protect the confidentiality of the Access Codes and of information obtained through use of the Access Codes; (c) your officers, employees, and agents will use their respective Access Codes and the applicable Tekmetric systems only for their intended purposes; and (d) you will immediately notify Tekmetric in writing of the termination of any of your officers’, employees’, or agents’ authority to use an Access Code. You shall, and shall instruct each of your officers, employees, and agents to, utilize the degree of care in protecting the secrecy of the Access Codes that you use to protect your own confidential information, but in no event less than a commercially reasonable degree of care. You agree Tekmetric may terminate access at any time if it suspects use by unauthorized persons or use in an unauthorized manner. You will be solely liable for any unauthorized access or misuse of the Platform or the Access Codes, and you shall indemnify, defend and hold Tekmetric harmless from any losses or damages caused by such unauthorized access or misuse.

In some instances, as determined in Tekmetric’s sole discretion, Users may be required to provide certain documentation, such as (by way of example) a photo ID or proof of professional licenses or state-required insurance policies (for example, regulatory licenses). To the extent you provide such documents, you represent and warrant that they are authentic and current. If you hold yourself out on the Platform in a particular professional role, you represent and warrant that you hold all valid licenses and permits for such role and that you satisfy all professional and regulatory requirements to conduct your business in the manner you represent.

Certain Users that have a subscription payment agreement with Tekmetric (including, for example, auto shop owners) (“Commercial Entities”) may be subject to additional sign-up requirements, including agreeing to other specific Tekmetric terms of service, such as the Payment Processing Terms of Service. Although Tekmetric may verify the Commercial Entities found on its Platform, it does not endorse, recommend, and is not otherwise affiliated with any Commercial Entity. All Users agree that we are not responsible for any User or Commercial Entity content found on the Platform, or for any materials, including all content, copy, images, URL names, and anything else provided by any User or Commercial Entity.

THE SERVICES AND PLATFORM ARE NOT AVAILABLE TO MINORS (PERSONS UNDER THE AGE OF MAJORITY IN THE APPLICABLE JURISDICTION) OR USERS WHO HAVE HAD THEIR USER ACCOUNT TEMPORARILY OR PERMANENTLY DEACTIVATED. BY BECOMING A USER, YOU REPRESENT AND WARRANT THAT YOU ARE (OR IF YOU ARE AN ENTITY, THAT ANY INDIVIDUAL ACCEPTING THE TERMS OR SERVICE ON YOUR BEHALF, IS) AT LEAST 18 YEARS OLD (OR OTHER AGE OF MAJORITY IN YOUR JURISDICTION) AND THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO AND ABIDE BY THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE.

In some instances the Services may be purchased via a service order form which shall be completed and placed either online, in-product, emailed to you, or in any other form designated by us (“Service Order Form”). Unless a separate Service Order Form has been executed by you and Tekmetric, these Terms are the complete agreement between you and Tekmetric concerning the Services and supersedes any prior agreements and understanding between you and Tekmetric applicable to the Services delivered by or on behalf of Tekmetric. For clarity, where you and Tekmetric have entered into a separate, signed Service Order Form, then such terms shall prevail and override these terms, in all other circumstances these terms shall apply. Except to the extent expressly precluded by applicable law, Tekmetric reserves the right, at Tekmetric’s sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notwithstanding any notice requirements herein, Tekmetric may notify you of the change by a reasonable means of notice, including email to your User account(s) or if no valid email is available, by posting the revised Terms to the Tekmetric website. You agree that continued access or use of the Services after the written notice and changes become effective shall constitute your acceptance of the revised Terms. Unless otherwise specifically set out in the relevant document, in the event of a conflict between these Terms and a Service Order Form, these Terms shall prevail.

Many areas and features of the Platform are freely accessible. However, certain portions of the Services require a payment of fees for access and use (“Subscription Services”). You are required to pay a monthly or annual fee for the Subscription Services (“Subscription Fees”) as published on our Site from time to time or as otherwise communicated to you at the time you register for Subscription Services. Tekmetric may in its sole and absolute discretion change its Subscription Fees at any time. Your continued use of the Subscription Service after such fee change constitutes your acceptance to such fee change. Tekmetric may charge or retain Subscription Fees if you do not fulfill your contractual obligations under the Terms of Service. All payments must be timely made via a payment method accepted by Tekmetric.

Unless otherwise communicated to you at the time you register for Services or as listed in the Service Order Form, the Services include an automatic renewal option by default. Unless you cancel your Services prior to its expiration, which in the case of an annual Service, such cancellation notice shall be no less than 30 days prior to its expiration, the subscription to the underlying Services will automatically renew upon the end of the then applicable Subscription Term, for a renewal period of one year (each such one-year term, a “Renewal Term”) and, unless otherwise notified to the User, at the same price (subject to applicable tax changes and excluding any discount or other promotional offer provided for the first Subscription Term).

If you are subject to the Payment Processing Services Terms, you authorize us or any third party provider to off set the amount due to Tekmetric pursuant to these Terms of Service from amounts otherwise due to you in connection with your receipt of the Payment Services (as defined in the Payment Processing Services Terms). All amounts not paid when due may incur an interest charge of 1.5% per month or the highest rate permitted by law, whichever is less. You may be subject to additional fees and/or penalties for late payments, returned checks, dispute fees, declined payments due to insufficient funds, and any fees that Tekmetric may incur in connection with fraudulent activities originating from your account. Except as otherwise expressly provided, all payments are non-refundable and non-cancellable.

Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. Tekmetric may collect all applicable taxes related to your use of the Platform at the time of payment. In the event that the applicable taxes are not collected by Tekmetric, you agree that you are still responsible for paying any applicable taxes owed to the tax agencies having jurisdiction over you. In order for Tekmetric to comply with US tax laws, you may be required to submit W-9 forms or other tax documents. You agree to comply with Tekmetric’s requests to submit any tax documentation. You agree that Tekmetric cannot and will not provide tax advice; any tax questions should be directed to your tax attorney or other tax professional. 

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Payments will be processed by Tekmetric’s designated payment processor. You hereby expressly authorize Tekmetric and its payment processor to charge or debit your designated payment method (e.g., credit card, debit card, bank account via ACH, as the case may be) for all fees and other amounts owed to Tekmetric or its affiliates. Such authorization shall remain in place for as long as you owe money to Tekmetric or until you cancel such authorization through a written request sent to support@tekmetric.com. With regard to your payment of fees and other amounts owed to Tekmetric via ACH, you agree to comply with the applicable, then-current rules, regulations, requirements, and procedural guidelines published by the National Automated Clearing House Association (“NACHA”), and/or all regional payment alliances associated with NACHA. You authorize Tekmetric to store your payment credentials and process transactions in the manner and at the times agreed to by the parties. You understand and agree that we share your payment information and other relevant information with our payment processor and other third-party service providers as necessary to provide the Services and process your payments for amounts due. For as long as you pay your Subscription Fees and your use of the Subscription Services has not been suspended or terminated by Tekmetric, Tekmetric grants you, during the term of this Agreement, a limited, revocable, non-transferrable, non-sublicensable, non-exclusive license to use the Subscription Services, solely for your internal business use and solely in accordance with the usage policies, specifications, and/or other documentation made available by Tekmetric from time to time.

You are responsible for your use of the Platform. After registering and making payment for our Platform, we grant you a personal, non-exclusive, non-transferrable, non-sublicensable, revocable, commercial, limited license to download our mobile application or other downloadable software. The viewing, printing, or downloading of any content, graphic, web-based form, or document from the Platform is not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use and you agree not to engage in any such conduct. No part of any content, web-based form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your internal business use. The password-protected portions of the Platform are available only to those entities who have been provided with an Access Code, and the employees and authorized representatives of such entities on behalf of such entities.

All use of the Platform, including any application programming interfaces (“APIs”), are subject to the applicable documentation and specifications which may be posted and/or updated on the Platform from time to time in Tekmetric’s sole discretion. Tekmetric reserves the right to terminate or suspend any User’s use of the Platform for any reason, at any time, in its sole discretion. Tekmetric is not required to provide any explanation for its termination or suspension of any User of the Platform. With respect to your use of any part of the Platform as a User, you specifically agree not to:

copy, distribute, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping;”
attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Platform or to extract data or to send messages through our Platform;
use automated bots or other software to send messages through our Platform;
take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
collect or harvest any personally identifiable information, including account names, from the Platform;
commit libel, defame, stalk, harass, bully or harm another individual who uses our Platform;
impersonate any person or entity or misrepresent your affiliation with a person or entity;
hold Tekmetric responsible for your use of the Platform;
violate any then-current legal obligations and security measures, including without limitation those issued by the United States Government, federal, state and municipal laws and ordinances, card associations (Visa, Mastercard, Discover, American Express, etc.), the Federal Trade Commission, the PCI Security Standards Council, and any other governing body with jurisdiction over you or Tekmetric;
interfere with or disrupt the Platform;
hack, spam, or phish us or other users;
provide false, inaccurate, incomplete, or misleading content;
post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, or fraudulent content to or through the Platform;
use the Platform for any illegal or other unlawful activity;
cause or aid in the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine;
decompile, reverse engineer, disassemble, modify, distribute, or create derivative works or improvements to the Platform or any portion of it;
share your license or access with any other parties, except as expressly provided for in the Terms of Service;
violate or infringe upon other people's intellectual property, privacy, or other rights while using our Platform;
use our Platform except through specific channels provided by us;
use our Platform for any purpose other than as authorized by us;
sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or deriving income from the use or provision of the Platform unless enabled through the functionality of our Platform.

This is not an all-encompassing list of restrictions. Tekmetric may revoke your license or restrict your access to our Platform if it believes in its sole discretion that your actions may cause it or any User harm. Failure by Tekmetric to revoke your license or restrict access does not act as a waiver of your conduct.

If you are discovered to be undertaking any of the aforementioned prohibited actions your privileges to use our Platform may, at our sole discretion, be terminated or suspended immediately and without notice. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Tekmetric reserves the right to suspend or terminate any account at any time without notice or explanation.

In order to operate the Platform, Tekmetric needs to make certain use of your content. Therefore, by posting, uploading, or submitting any information through the Platform, including but not limited to text, audio messages, videos, photos, images, or any other information (“User Content”), you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have authorization to use any User Content submitted. You also hereby grant Tekmetric a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display, store, broadcast, reproduce, modify, make derivative works of, and otherwise use such User Content in connection with the Platform and any services or products affiliated with the Platform, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such User Content on the Platform and will terminate at the time such User Content is removed from the Platform by you or by Tekmetric. Please be aware that Tekmetric is not required to host, display, migrate, or distribute any of your User Content, and we may refuse to accept or transmit any User Content.

You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. When you delete User Content, you understand that such removed User Content may persist in backup copies in accordance with our data retention policies. Additionally, you acknowledge and agree that Tekmetric owns all layouts, arrangement, metadata, and images that are used to render your User Content through our Platform.You agree that you are solely responsible for any User Content submitted, and you release us from any liability associated with any User Content submitted by you. You understand that we cannot guarantee the absolute safety and security of any User Content, and that when you publish User Content, it means that everyone, including people outside of the Tekmetric community, will have access to that information, and we may not have control over what they do with it. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed in our sole discretion. Tekmetric does not endorse and is not required to verify, monitor, or restrict any of its Users or any User Content submitted. You acknowledge and agree that any User Content or any other information may be inaccurate, unsubstantiated, or incorrect; provided however, you represent and warrant that you have made every available means to verify that such User Content is accurate, substantiated, and correct.

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. TEKMETRIC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM. TEKMETRIC IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE PLATFORM OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY USER OR OTHER PARTIES.

THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TEKMETRIC, NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TEKMETRIC OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

TEKMETRIC DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TEKMETRIC DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. TEKMETRIC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. TEKMETRIC DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND TEKMETRIC SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Additionally, Tekmetric will not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you; inability to access to the Platform; failure of a communications satellite; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; pandemic, fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.

By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users, or other third parties will be limited to a claim against the particular users, or other third parties who caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from Tekmetric with respect to such actions or omissions.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TEKMETRIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEKMETRIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL TEKMETRIC HAVE ANY LIABILITY RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM; (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM; (C) ANY SERVICES FACILITATED BY THE PLATFORM; (D) ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; (F) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PLATFORM OR YOUR DATA OR TRANSMISSIONS; (G) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU; (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY; (I) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL;(J) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; OR (K) ANY OTHER MATTER RELATING TO THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL TEKMETRIC’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE WITH RESPECT TO ANY OTHER MATTER EXCEED ONE HUNDRED DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY TEKMETRIC’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES, OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO USE OUR PLATFORM. THIS LIMITATION OF LIABILITY WILL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE PLATFORM.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

We want to address your concerns without needing a formal legal case. Before filing a claim against Tekmetric, you agree to try to resolve the dispute informally by contacting us at support@tekmetric.com. We will try to resolve the dispute by contacting you via email, but if we are unable to resolve the dispute within thirty (30) days of submission, you and/or Tekmetric agree to resolve any claims related to this Agreement through final and binding arbitration, in Houston, Texas, except as expressly set forth below. Except in the event the claim meets the requirements for an exception as expressly stated below, any dispute between you and Tekmetric including any dispute relating in any way to your visit to the Site or use of the Platform shall be submitted to confidential arbitration.

Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ACTION PROCEEDINGS OR OTHERWISE. Where allowed by the Rules, Tekmetric may make any and all appearances telephonically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the event that the law does not permit the aforementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Harris County, Texas. Notwithstanding the foregoing, this arbitration provision does not prevent either party from filing a claim in small claims court in the State of Texas, if it qualifies. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, breach of Tekmetric’s confidential information, or intellectual property infringement (for example, trademark, trade secret, copyright, and/or patent rights) without first engaging in arbitration and the informal dispute-resolution process described herein.

Terms of Service Product & Website

experience

Tekmetric in Action

Terms of Service Product & Website

Signing Up For the Platform

Subscription Service and Fees

Term and Termination

Access to Platform and Limited Right of Use

SMS/Text Messages and Customer Opt In/Opt Out Rules

User Content

Other User Content and Notifications

Your Usage Information

Platform Availability and Modification of Platform

Intellectual Property

Idea Submission

Disclaimer

Limitation of Liability

Indemnity

Copyrights

Choice of Law

Dispute Resolution; Arbitration

Severability

Non-Waiver

Assignment and Survival

Entire Agreement

Amendments

Electronic Communications

Export Controls

Third Party Websites

California Users

Force Majeure

Notices

experience

Tekmetric in Action