Terms Of Service

Introduction

TeclaWorks LLC ("TeclaWorks BarcodeThis", "Service", "this service", "the services", "this Website", “we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”), subject to the following Terms of Service ("these Terms of Service", "these Terms"). Use of the TeclaWorks BarcodeThis service constitutes agreement and acceptance to these Terms of Service. You must not use this Website, if you have any objection to any of these Website Terms of Service.

This Website is not for use by any minors (defined as those who are not at least 13 years of age), and you must not use this Website if you are a minor.

Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, TeclaWorks BarcodeThis and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

Restrictions

You are expressly and emphatically restricted from all of the following:

  • publishing any Website material in any media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is, or may be, damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and TeclaWorks BarcodeThis may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

Invoicing And Payment

You agree that TeclaWorks BarcodeThis shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 or more days past due. Accounts that are not collectable by TeclaWorks BarcodeThis may be turned over to an outside collection agency for collection. Subscriber is aware that TeclaWorks BarcodeThis may change the specified rates and charges for this service from time to time.

Support Limitations

TeclaWorks BarcodeThis provides technical support to our subscribers via email. TeclaWorks BarcodeThis provides support strictly related to the use and management of the Subscriber's account and their use of the BarcodeThis API to generate barcode images. We do not provide support related to the software or application where the BarcodeThis API is being used.

Account Suspension or Termination

TeclaWorks BarcodeThis reserves the right to suspend any Subscriber account that is suspected to be in violation of any of the terms specified in these Terms of Service. In the event that an account is suspended, TeclaWorks BarcodeThis will inform the Subscriber and initiate an investigation within a reasonable amount of time. An account suspension does not relieve the Subscriber of responsibility for the payment of the charges accrued during the time period that the account was suspended.

TeclaWorks BarcodeThis reserves the right to terminate, with or without notice, any Subscriber account which is found to be in violation of any of the terms specified in these Terms of Service. In the event that TeclaWorks BarcodeThis terminates the Subscriber's account, the Subscriber will be refunded a prorated amount of the unused subscription fees. The Subscriber agrees that if their account is terminated, all data related to their account will be immediately and permanently deleted.

If at any time it becomes necessary for TeclaWorks BarcodeThis to terminate a Subscriber's account without cause, TeclaWorks BarcodeThis will provide a 30 days advanced notice.

Subscription Cancellation

The Subscriber may cancel their subscription at any time by accessing the "Cancel Subscription" option located in the "Subscription" section of the "Your Settings" page. Cancellation of service does not entitle the Subscriber to any refund. In the event of cancellation, the Subscriber will continue to have access to the service until the end of the Subscriber's current billing period at the time of cancellation.

Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant TeclaWorks BarcodeThis a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. TeclaWorks BarcodeThis reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

Disclosure To Law Enforcement

These Terms of Service prohibit the use of our service for illegal activities. Therefore, Subscriber agrees that TeclaWorks BarcodeThis may disclose any and all Subscriber information including but not limited to assigned IP addresses, account history, and account use to any court who sends us a valid Court Order, without further consent or notification to the Subscriber.

No Warranties

This Website is provided “as is,” with all faults, and TeclaWorks BarcodeThis makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF TECLAWORKS BARCODETHIS HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT TECLAWORKS BARCODETHIS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST TECLAWORKS BARCODETHIS ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF TECLAWORKS BARCODETHIS’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

Indemnification

You hereby indemnify to the fullest extent TeclaWorks BarcodeThis from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

TeclaWorks BarcodeThis is permitted to revise these Terms at any time as it sees fit, and without notice. By using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Assignment

TeclaWorks BarcodeThis shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between TeclaWorks BarcodeThis and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You submit to the exclusive jurisdiction of the state and federal courts and venue located in Orange County, California for the resolution of any disputes arising from or relating to the subject matter of these Terms of Service.