Terms of Service

Introduction

Effective Date: April 9, 2020

These Terms of Service ("Terms of Service") form a legal agreement between TechLink Insights and you, the individual or business ("you" and "your") concerning your access to and use of the various services offered through the Websites and the Platforms (as defined below). Use of any of the Websites or Platforms constitutes your acceptance of these Terms of Service and the Web and Mobile Privacy Policy.

 

Millennial Tech Marketing Group, Inc. (Millennial Tech, "we, or "us") operates under the brand names Millennial Tech Advisory, TechLink Insights, and TechLink Health.  Additionally, there is a standing affiliation with Millennial Tech Marketing Group, LLC with regards to mobile development and other business activities.  TechLink Insights' primary goal is to deliver content and consulting or advisory services to clients, which in turn means that we are committed to protecting your privacy and we take great care with your personal information that we gather when you access or use TechLink.Insights and related websites, applications, and services owned and operated by Millennial Tech (the "Platform").

Please note that we offer the Services “AS IS” and without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

Termination

 

Violation of these Terms of Service will terminate your ability to use the Platforms.  TechLink Insights may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy TechLink Insights may have available at law. Additionally, TechLink Insights shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms of Service by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms of Service you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms of Service.

Access to the Services


If you wish to access and participate in the TechLink Insights platform (“TechLink Insights”), you must create a profile as a Business Professional (Insights Only), Advisor, Executive, or Entrepreneur. You must be at least 18 years old to use the Services. As a condition of your use of the TechLink Insights Platform, you agree to provide true, accurate, current and complete information about yourself and to keep such information up to date and current at
all times. If you are registering as a Corporate Member on behalf of a company, organization or other entity (a "Business"), you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms of Service on behalf of such Business, to bind such Business to these Terms of Service, and that you
agree to these Terms of Service on behalf of the Business. You are responsible for ensuring that all persons who access the Services are aware of and comply fully with these Terms of Service.


We reserve the right to add other services, activities and features to the Services from time to time which are only available to applicable profile types.

Accepting Advisory Engagements


The TechLink Insights Platform allows Advisors to accept engagements for meetings or projects at a standard rate set by TechLink Insights and Advisors from time to time. Advisors also have the ability to accept engagements on an annual basis or other custom arrangements. For Advisors that completed any per meeting engagements, TechLink Insights will remit payment to the Advisor on a monthly basis. In order to receive payment, the Advisor must work through the specified payment platform.

Engaging with Advisors or Experts


In the event that you engage an Advisor through the TechLink Insights Platform for
meetings or projects, you agree to pay the per meeting rate displayed when selecting the
Advisor, plus all applicable taxes, charges and fees.  In some cases, Advisors will offer general sessions at no charge and this is at the discretion of each Advisor.

In addition to engaging advisors for meetings or projects, the TechLink Insights Platform allows you to hire Advisors for customized engagements (a "Curated Solution Agreement"). Compensation for Curated Solution Agreements are determined by you and the Advisor. For a period of twelve (12) months after you identify an advisor through the TechLink Insights Platform, regardless of whether the Curated Solution Agreement is finalized through the TechLink Insights Platform, you agree to pay to TechLink Insights a fee at the then-current commission rate.

Use of Payment Information

If you provide credit or debit card information, we use this information as described in our Privacy Policy. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party payment processors. By providing credit or debit card information, you represent, warrant and covenant that: (i) you are legally authorized to provide such information, (ii) you are legally authorized to initiate payments from the credit or debit card account(s), and (iii) such action does not violate the terms and conditions applicable to your use of such credit or debit card account(s) or applicable law.

Conduct and Prohibited Uses


TechLink Insights provides the Services and the Platform in order to promote accessibility of providers to users. In using the Platform you agree to:

  • Use the Services only in compliance with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • Use the Services and the Platform in a professional manner.

 

You agree that you will not:

 

  • Misrepresent your current or previous positions and qualifications;

  • Misrepresent your affiliations with a person or entity, past or present;

  • Misrepresent your identity, including, but not limited to, the use of a pseudonym;

  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;

  • Disclose information that you do not have the right to disclose;

  • Post anything that contains software viruses, worms, or any other harmful code;

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services, TechLink Insights Platform or any related technology, or any part thereof;

  • Violate the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or other proprietary rights;

  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Services;

  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services, the Platform or any related data or information;

  • Use bots or other automated methods to access and interact with the Services or the Platform;

  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services or the Platform;

  • Access the Services or the Platform except through the interfaces expressly provided by TechLink Insights;

  • Override any security feature of the Services; and/or Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

 

Intellectual Property

 

TechLink Insights is the sole and exclusive owner of the Platforms, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Platforms and any related materials and documentation. No title or ownership of the Platforms or any portion thereof is transferred to you hereunder. TechLink Insights reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platforms.

You may provide input, comments or suggestions regarding the Platforms or TechLink Insights Services ("Comments"). You acknowledge and agree that TechLink Insights may use any Comments without any obligation to you and you hereby grant TechLink Insights a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as TechLink Insights may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

Links to Other Websites

 

When using the Services, you may encounter links to other websites. These links are provided for your convenience only and TechLink Insights does not endorse these sites or the products and services they provide. You acknowledge and agree that TechLink Insights is not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.

Indemnification

 

You agree to defend, indemnify and hold TechLink Insights, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers, harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms of Service; (b) access to or use of the Platform; and (c) provision of other disclosure to TechLink Insights of any other information or data and the use of same by TechLink Insights or other TechLink Party as contemplated hereunder.

In no event shall TechLink Insights be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort, product liability, or otherwise, arising out of or in any way connected with the Platform or the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.

TechLink Insights shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond TechLink Insights' reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms of Service that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

Disclaimer

 

We provide the services “as is” and “as available.” We make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the services and the site, including, without limitation, any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. 

 

We do not guarantee that the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the services or any other data or information provided or received through the services. Except as expressly set forth herein, TechLink Insights makes no warranties about the information systems, software and functions made accessible through the services or any other security associated with the transmission of sensitive information.  TechLink Insights does not warrant that the site or the services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.

Choice of Law

 

These Terms or Service are governed by the laws of Delaware. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms of Service are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms of Service 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 Terms of Service, which shall remain in full force and effect.

Entire Agreement

 

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of TechLink Insights to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Electronic Affirmation

 

Your affirmative act of using the Services and/or creating an account constitutes your electronic signature to this Agreement, which includes our Privacy Policy and your consent to enter into such agreements with us electronically.

Assignment

 

TechLink Insights may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

Contact Information

 

Questions or comments regarding this Agreement should be submitted to the Millennial Tech by mail or electronic means as follows:


Millennial Tech Marketing Group, Inc.
495a Henry Street
Suite 1039
Brooklyn, NY 11231

connect@techlink.global