TERMS OF USE

WELCOME TO WWW.TECH1TODAY.COM! BEFORE YOU CAN USE ANY OF THE SERVICES MADE AVAILABLE ON THIS WEBSITE, YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS BY CHECKING THE BOX THAT APPEARS [ON THE PAGE DIRECTLY BELOW THESE TERMS], INDICATING THAT YOU ACKNOWLEDGE AND AGREE TO THESE TERMS. PLEASE REVIEW THEM CAREFULLY! IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY LENOVO AT ANY TIME, EFFECTIVE WHEN POSTED ON THE WEBSITE. YOUR CONTINUED USE AFTER SUCH NOTICE WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.

These Terms of Use, together with any supplemental terms or conditions presented to you from time to time (collectively, the "Terms of Use") are a contract between you and Lenovo (“Lenovo”, “us”, “we” or “our”) and governs your use of the website located at www.tech1today.com (the “Website”), and all of your activity on the Website. By accepting these Terms of Use, you represent that you have read and understood the terms and conditions herein and agree to be bound by the same. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions herein, do not check the acceptance box below and do not attempt to access the Website. These Terms of Use are subject to change by Lenovo at any time, effective when posted on the Website. Your continued use of the Website after such notice will constitute acceptance by you of such changes. Your use of the Website is further subject to the terms and conditions located at http://www.lenovo.com/legal/us/en/

I. Authorised Use of the Website

This Website is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 18. Additionally, if you are younger than 18 years old, you are not authorised to register or submit any content or information to this Website without the explicit consent of your parent or legal guardian.

The Website is made available to you solely for your personal, non-commercial use. You understand and agree that you may not sell, sublicense, transfer or make any commercial use of the Website, except as expressly authorised by these Terms of Use or otherwise by the Website. Notwithstanding anything herein to the contrary, we may, at any time, in our sole discretion, restrict, suspend or terminate your right to continued use of the Website, with or without prior notice and without liability.

Use of and access to the Website is void where prohibited. By accessing and using the Website, you represent and warrant that (a) all information you submit is truthful, accurate and not offensive; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website is in accordance with these Terms of Use and does not violate any applicable law or regulation. By using the Website for communicating, posting or creating content, you agree to post material that is proper and related to the forum presented by the particular area of the Website.

You are not obligated to register in order to access the Website. However, the Website offers certain privileges for which registration is necessary (such as participation in public forums made available by the Website). If you provide us with registration information (“Registration Data”), we will use your Registration Data in accordance with our privacy policy, which you can review at www.tech1today.com.

In connection with your use of the Website, we may refuse to grant you, and you may not use, a user name that is already being used by someone else; that may impersonate another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion. You agree that you will not allow others to use your member name, password and/or account. You agree to indemnify and hold us, our partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, harmless for any improper, unauthorised or illegal uses of your member name, password and/or your account. This includes illegal, unauthorised or improper use by anyone to whom you have given permission to use your member name, password and/or account. You agree to immediately notify us of any unauthorised use of your password or user name or any other breach of security related to your account.

II. Links to Third Party Websites; Promotions

The Website may provide you with links or other access to websites, services, products or content of third parties. We have no control over, nor do we endorse any third party websites, services, products or content. You acknowledge and agree that you access all websites (including the Website), services, products or content at your own risk. Lenovo is not liable for, and makes no representations with respect to, any such third party materials. We recommend that you read the privacy and terms of use policies of each website that you access via a link from the Website and you should direct any concerns regarding these third-party websites to those sites' administrators.

We may promote third party sweepstakes and/or contests on the Website. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that Lenovo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.

III. Privacy Policy

Please see our “Privacy Policy” at http://www.lenovo.com/privacy/us/en/for additional details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

IV. Public Forums and Content

In general, much of the content contained on the Website is supplied by third parties and other users. In no event will anything contained in these Terms of Use or any area of the Website be construed as a representation or guarantee with respect to any of such content. We do not control the content posted on our Website by users and consequently we do not guarantee, and are not liable in connection with, the accuracy, integrity or quality of any content. We assume no responsibility and no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. It is possible that you may be exposed to content of other users that may be inaccurate, offensive, indecent or objectionable.

You understand and acknowledge that you are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Website (“Content”). We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content posted by you. We do not claim any ownership rights in the Content that you post to the Website. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. Notwithstanding the foregoing, by supplying Content to any area of the Website, you hereby grant us a perpetual, irrevocable, sub-licensable (through multiple tiers), royalty-free licence to use, display, catalogue, modify, edit, adapt, compile, create derivative works from, or otherwise exploit, any such Content, in any and all media whether now known or later invented. We may also use your name or user name associated with such Content. We shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses. Additionally, we and our licensees or designees shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Content.

You hereby represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the licence set forth in this Section IV; (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights or any other rights of any person; and (iii) the posting of Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any Content you post on the Website.

V. Prohibited Content and Conduct

The following is a partial list of the type of content that is illegal or prohibited to post on or through the Website. Prohibited Content includes, but is not limited to content that:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 21;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging, "spimming" or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
12. solicits passwords from users or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising or pyramid schemes; or
14. includes a photograph of another person that you have posted without that person's consent.

You may not attempt (or authorise, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Website or exceed your permitted access to the Website. You may not use spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce, store or distribute content available on the Website.

Without limiting any of the foregoing, you may not use the Website to upload, post, transmit, display, perform or otherwise make available to other users, any messages, content or materials that are illegal, obscene, threatening, defamatory or invasive of privacy; violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; infringe intellectual property or other third-party rights; harm minors in any way; comprise or contain software viruses or other computer code designed to interfere with the functionality of any computer systems, wireless devices, software or other hardware; interfere with or disrupt the Website (including the flow of dialogue or other exchange of information in any public forum); constitute unsolicited commercial solicitation, chain letters, pyramid schemes, mass mailings or any form of spam; or violate (intentionally or unintentionally) any applicable local, regional, national or international law. In addition, you may not use a false email address, impersonate any person or entity or otherwise mislead other users as to your identity or to the origin of a message or content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility.

VI. No Warranty

Your use of the Website is at your sole risk. The content and information posted on the Website is provided to you “as is” without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose and any warranty of non-infringement, to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Website. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Website. We will not be liable for any damages of any kind arising from the use or unavailability of the Website.

IN NO EVENT SHALL WE OR ANY OF OUR AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER ASSOCIATED PARTIES (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE OF THIS WEBSITE, OR ANY HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMMES OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR USE OF THE WEBSITE.

VII. Proprietary Rights

This Website is protected by copyright, trademark and other intellectual property laws and we own and retain all rights in our content, software, designs and other materials made available on the Website. We hereby grant you a limited, revocable, non-sub-licensable licence to reproduce and display our content (excluding any software code) solely for your personal use in connection with viewing and utilising the Website for its intended purposes. You may not copy, reproduce, modify, disassemble, create derivative works from or otherwise exploit the Website or any content herein. All rights not granted under this Agreement are reserved by Lenovo.

All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Lenovo and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

VIII. Digital Millennium Copyright Act

We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy to terminate the privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e. the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:
• an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website;
• your address, telephone number and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent or the law; and
• a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Post: The Woo Agency, 8671 Hayden Pl. Culver City, CA 90232 USA Attn: John Gibson

By Email: info@tech1today.com
Subject line: DMCA

IX. Indemnity

You agree to defend, indemnify and hold the Released Parties, and each of our and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable lawyers' fees, issued by any third party due to or arising out of (i) any Content you submit, post, transmit or otherwise make available through the Website, and/or (ii) a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein). This indemnity obligation shall survive your use and/or access of the Website.

X. Miscellaneous

Software made available to you by the Website (the "Software") is subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of US export laws. Downloading or using the Software is at your sole risk.
These Terms of Use shall remain in full force and effect while you use the Website. You continue to remain bound by these Terms of Use to the extent you continue to access the Website in any capacity.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. These Terms of Use are governed by US federal law and the laws of the State of California, USA, regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles County, California, USA in all disputes arising out of or relating to the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Section X. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitutes the entire understanding between you and us.

We may give you notice of certain events from time to time and may be required by US state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.

Please contact us at: info@tech1today.com with any questions regarding these Terms of Use.
These Terms of Use are effective and were last updated on 28 July 2010.