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Terms

Introduction

Welcome to Tecgab. This Site is provided by Spykesoft Technologies. (referred to throughout this Site as "Tecgab.com or Tecgab") as a service to our customers. Please review the following basic rules that govern your use of the Tecgab site.

Use of This Site

By accepting these Terms of Use through the use of our Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the guidance of a parent or legal guardian who agrees to be bound by these Terms of Use. Tecgab does not intentionally collect personal information about children under the age of 13 without prior parental consent. Except for the Tecgab, children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Please note that certain orders constitute improper use of Tecgab and its services. We reserve the right, at our sole discretion and at any point in time, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason at our sole discretion.

If you do not agree to, or cannot comply with, any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and/or other materials that are part of this Site (collectively, the "Contents") are reserved solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Tecgab or its suppliers and is protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Third-Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Tecgab's endorsement, sponsorship or recommendation of the third party, its information, products or services. Tecgab is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third-party products or services, or the content or accuracy of any material on such third party sites. If you decide to follow the link to any such third-party sites, you do so entirely at your own risk.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Tecgab will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Tecgab on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

Order Acceptance

Please note that certain orders constitute improper use of Tecgab and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a Gift Card, eGift Card or PayPal account which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or any other payment account) has been charged, we will issue a credit to your credit card (or any other applicable payment account) in the amount of the charge.

Pricing and Content Information

We do our very best to provide you with excellent, competitive prices on our website. While Tecgab strives to provide accurate pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price due to an error in pricing, Tecgab shall have the right, at their sole discretion, to refuse or cancel any orders placed for that item and notify you of such cancellation.

Tecgab does not price match with any other online or offline retailer. However, we try to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.

Customers employing mobile devices (such as the Tecgab App) to browse the Site may encounter pricing or availability information that is either outdated or inaccurate. Accordingly, pricing and availability remain subject to confirmation at checkout for mobile users.

Merchandise Content: Tecgab attempts to be accurate in its product descriptions. However, Tecgab does not warrant that products’ descriptions or other Content of this Site are accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.

Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Tecgab and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Quantity Limits and Dealer Sales

Tecgab reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that Tecgab also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Tecgab for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Export Policy

You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Tecgab, one of its affiliates or by third parties who have licensed their materials to Tecgab and are protected by the U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Tecgab and is also protected by the U.S. and international copyright laws.

Tecgab, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Tecgab's or any third party's intellectual property rights.

The Tecgab names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Spykesoft Technologies. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

User Reviews, Feedback, Submissions

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Tecgab on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant Tecgab a royalty-free, irrevocable, transferable right and license to use the Comments however Tecgab desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

Tecgab will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Tecgab is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Tecgab does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Tecgab the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Tecgab and its affiliates for all claims resulting from any Comments you submit. Tecgab and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Use of Widgets Available on Our Site

As part of our Site, there may be links available to you for use and display on your website or personal page (the "Widgets"). We grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of these Terms of Use, solely for purposes of facilitating referrals from your site or personal page to the Tecgab Site, to display Widgets on your site. Without limiting other remedies, we may limit, suspend or terminate this license and/or your right to access or display Widgets at any time for any reason, including but not limited to your display of Widgets on a site or in a manner that we deem unacceptable for any reason.

Colors

We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Indemnification

You agree to defend, indemnify and hold harmless Tecgab and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

Termination

These Terms of Use are effective unless and until terminated by either you or Tecgab. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. Tecgab also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Tecgab's sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Tecgab, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: "Comments," "Site Security," "Pricing and Content Information," "Quantity Limits and Dealer Sales," "Export Policy," "Copyrights and Trademarks," " User Reviews, Feedback and Submissions," "Indemnification," "Termination," "Disclaimer" "Limitation of Liability," "Baby Center," "Privacy" and "General."

General Disclaimer 

THIS SITE IS PROVIDED BY TECGAB ON AN "AS IS" AND "AS AVAILABLE" BASIS. TECGAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TECGAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TECGAB DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE TECGAB WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. TECGAB ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY TECGAB. 

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TECGAB OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE TECGAB WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TECGAB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TECGAB BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE PRIVACY

You acknowledge that any personal information that you provide through this Site will be used by Tecgab in accordance with Tecgab's Privacy Policy. If you purchase an item on Tecgab sold by a Marketplace Retailer, Tecgab shares certain information with that Marketplace Retailer to permit the Marketplace Retailer to fulfill and ship your order, process returns and provide customer service. Tecgab requires Marketplace Retailers to keep your information secure and use it only in accordance with the Marketplace Retailer's Marketplace Privacy Policy which can be found on that Marketplace Retailer Information page.

Guest Checkout

Guest Checkout is a feature on Tecgab that allows you to make purchases from our site without creating or using an account. While using Guest Checkout, you will be required to enter the following information: First and last name, year of birth, billing and shipping addresses, telephone number, credit card information and an email address where we can send order and shipping notifications. This information will not be saved on our site and you will have to re-enter it every time you use Guest Checkout.

Governing Law and Jurisdiction

1. The United States and Canada

If you are a resident of the United States or Canada, these TERMS are governed by the laws of the State of Florida in the United States without regard to its conflict of law’s provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts sitting in the State of Florida, concerning any or all claims arising out of or relating to the Websites or these TERMS.

2. The Ukraine

If you are a resident of the Ukraine, these TERMS are governed by the laws of the State of Kiev in the Ukraine without regard to its conflict of law’s provisions.

3. Other Jurisdictions

If you are a resident of a jurisdiction that is not located in the United States, Canada, Ukraine these TERMS are governed by the laws of India without regard to its conflict of law’s provisions. You agree to personal jurisdiction by and exclusive venue in the courts sitting in Delhi, India, concerning any or all claims arising out of or relating to the Websites or these TERMS.

General

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Tecgab to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Tecgab's rights with respect to such breach or any subsequent breaches.