Terms & Conditions

1. Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference.

We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on our website. Your continued use of the website and services after any modifications indicates your acceptance of the modified Terms.

2. Services Description

Tech Fifth Third Connect provides various technology solutions and services, including but not limited to website development, technology integration, business process automation, digital transformation, and custom software development.

We reserve the right to modify, suspend, or discontinue any part of our services at any time without notice or liability to you.

3. User Accounts

3.1 Account Creation

Some portions of our services may require you to create an account. When you create an account, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong password and keep it confidential
• Notify us immediately of any unauthorized use of your account or any other breach of security
• Ensure that you log out of your account at the end of each session when accessing our services from a shared computer

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice or liability, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. User Responsibilities and Conduct

When using our website and services, you agree to:

• Comply with all applicable laws and regulations
• Respect the intellectual property rights of others
• Provide accurate and truthful information
• Use the services for lawful purposes only

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Infringe upon or violate our intellectual property rights or those of others
• Interfere with or disrupt the integrity or performance of our services or related servers and networks
• Attempt to gain unauthorized access to our services, computer systems, or networks
• Harass, abuse, or harm another person or entity
• Transmit any viruses, malware, or other malicious code
• Collect or harvest user data without permission
• Impersonate another person or misrepresent your affiliation with a person or entity

5. Intellectual Property Rights

5.1 Our Intellectual Property

The website, services, and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel) are owned by Tech Fifth Third Connect, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services for your personal or internal business purposes, subject to these Terms. This license does not include the right to:

• Modify, reproduce, distribute, publicly display, publicly perform, or create derivative works based on our website or services
• Use any data mining, robots, or similar data gathering or extraction methods
• Use our website or services for any commercial purposes without our prior written consent
• Remove any copyright, trademark, or other proprietary notices from any portion of our website or services

5.3 Your Content

You retain ownership of any content you submit, post, or display on or through our services ("Your Content"). By providing Your Content to us, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the services and our business operations, including for promoting and redistributing part or all of the services.

5.4 Feedback

If you provide us with any feedback or suggestions regarding our website or services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation to you.

6. Third-Party Links and Services

Our website and services may contain links to third-party websites or services that are not owned or controlled by Tech Fifth Third Connect. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Payment Terms

7.1 Fees and Payment

Certain services may require payment of fees. All fees are stated in US dollars and are exclusive of any applicable taxes unless otherwise stated.

You agree to pay all fees associated with the services you select in accordance with the billing terms in effect at the time a fee or charge is due and payable. Payment must be made by the methods specified, and you authorize us to charge your chosen payment provider for any such payments.

7.2 Subscription Services

If you sign up for a subscription service, you agree to pay recurring fees for the duration of your subscription. Subscription fees will be billed at the beginning of your subscription and each renewal period thereafter, unless you cancel your subscription before the renewal date.

7.3 Price Changes

We reserve the right to adjust pricing for our services at any time. For subscription services, we will notify you of any price changes before they take effect. Your continued use of the services after the price change becomes effective constitutes your agreement to pay the modified price.

7.4 Late Payments

If you fail to pay any fees when due, we may suspend or terminate your access to the services. You will be responsible for all costs we incur in connection with the collection of unpaid fees, including attorney fees.

8. Disclaimers and Limitations of Liability

8.1 Disclaimer of Warranties

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, TECH FIFTH THIRD CONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR THAT DEFECTS WILL BE CORRECTED.

8.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TECH FIFTH THIRD CONNECT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES
• ANY CONTENT OBTAINED FROM THE WEBSITE OR SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE WEBSITE OR SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

9. Indemnification

You agree to defend, indemnify, and hold harmless Tech Fifth Third Connect, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the website and services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that Your Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the website and services.

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Vermont, without regard to its conflict of law principles.

10.2 Informal Dispute Resolution

Before filing a claim against Tech Fifth Third Connect, you agree to try to resolve the dispute informally by contacting us at legal@third-us.sbs. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Tech Fifth Third Connect may bring a formal proceeding.

10.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association in force on the date when the notice of arbitration is submitted.

The number of arbitrators shall be one. The seat of the arbitration shall be North Jordanhaven, Vermont. The arbitral proceedings shall be conducted in English.

10.4 Waiver of Class Actions

YOU AND TECH FIFTH THIRD CONNECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. Termination

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the website and services will immediately cease. If you wish to terminate your account, you may simply discontinue using the website and services, or you may contact us at info@third-us.sbs.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. General Provisions

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the website, shall constitute the entire agreement between you and Tech Fifth Third Connect concerning the website and services.

12.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.3 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction.

12.5 Force Majeure

We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes to these Terms by posting the updated Terms on our website and changing the "Last Updated" date above. Your continued use of the website and services after any such changes constitutes your acceptance of the new Terms.

Please review these Terms periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access, or continue to access the website or services.

14. Contact Information

If you have any questions about these Terms, please contact us at: