These terms and conditions state the entire agreement between you and TechMate (the “agreement“).
Software, Materials, Services and other related information are collectively referred to as “Content.“
“YOU“ OR “YOU“
“You“ means you individually, any person, including any employer that you are acting on behalf of, whether directly or indirectly.
TechMate means TechMate Inc. or TechMate Limited or TechMate Pte Ltd. and/or any of its affiliates, wherever applicable.
“TECHMATE CERTIFIED TECHNICIAN/(S)“
“TechMate Certified Technician means“ technicians and specialists you work with through the TechMate App to perform the Services under this Agreement.
“SERVICES“ AND “TECHMATE PORTAL“
“Materials“ means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the TechMate Portal are the proprietary and copyrighted work of TechMate and/or its suppliers [sentence does not read clearly to me]. The definition of “Materials“ does not include the design or layout of the TechMate.com web site or any other TechMate owned, operated, licensed or controlled website.
Trademark “TechMate“ may be used by TechMate Inc. and/or any of its affiliates, wherever applicable.
“Software“ means a computer program of any kind, whether owned by TechMate or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both TechMate Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms“).
SUBMISSION OF REQUESTS;
You may order Services by submitting requests through the TechMate Portal or by calling TechMate. Once TechMate processes a request submitted by you, then you will receive an email from TechMate at the email address that you provide or have provided to TechMate as part of the Registration Process for the Services. TechMate is not responsible for rendering Services in connection with any request that has not accepted.
Subject to the Terms and Conditions, and other terms specific to each Plan [is this a defined term?], TechMate will address your request using commercially reasonable efforts in addressing your request under the Services. You understand that nothing in this Agreement should be construed as a guarantee by TechMate or any of its directors, officers, employees, representatives and/or agents that a particular result can be achieved. In most cases, TechMate will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. You agree to pay all Service Fee and any other applicable fee/charges as set out in accordance with the Payment Terms provided below.
When you make a request on our App or Website, you agreed to the price per hour listed as an approximation.
CREDIT CARD BILLING
Every time you make a request, you will be asked to provide us with a credit card number from a card issuer. You hereby authorize TechMate to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize TechMate and/or any other company who bills products or services, or acts as billing agent for TechMate to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide TechMate with updated credit card information upon TechMate’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither TechMate nor any TechMate affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at TechMate’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.
Notwithstanding, TechMate may, at its sole discretion and on a case by case basis, agree to a refund of fees after deducting charges for servicing the Customer. Any Refund amount shall be directly credited to the credit card, the details of which are registered with TechMate. On the specific request of the subscriber, TechMate may process the refund in some other account subject to submission of such documents/information as may be asked by TechMate for the said purpose.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters n. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services you receive for your specific request.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Under our “fair usage policy“, if at any time, in TechMate’s sole discretion, a user is found to be abusing the service, TechMate reserves the right to suspend or terminate Services.
TechMate may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with TechMate’s Technicians and others as appropriate.
USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to your particular request.
You will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading TechMate or others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
You may not create hyperlinks to any portion of the TechMate Portal, nor any Materials or Software posted therein.
GENERAL LICENSE RESTRICTIONS
Any other use of the TechMate Portal, Services, Materials or Software, other than as explicitly permitted by TechMate is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to TechMate and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
Please note that the charge on your credit card will appear on your credit card statement as any one of the following – “Mycharge.TechMate.com“ or “Charge.TechMate.com“
In connection with obtaining Services, you agree that you will:
Cooperate with the TechMate Technician: We will use commercially reasonable efforts to provide the support to you. Our desire is that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions.
You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with TechMate support personnel.
Software/Data Backup: You understand and agree that TechMate shall under no circumstance be responsible for any lost or corrupted software or data. TechMate strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify TechMate immediately of any unauthorized use of your account or any other breach of security. TechMate will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TechMate or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. [This type of stuff, where passwords are misused, or customer claims that TechMate corrupted data or did anything damaging to the client is why the indemnity provision must be broad and say anything arising out of this agreement. Otherwise, couldn’t this lead to a situation where we get sued and we in effect have no recourse against judgement-proof technicians]
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of TechMate’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) [why not use the general terms force mejuere] may cause significant delays in TechMate’s ability to schedule a support session. You hereby release TechMate from any and all liability, and agree that TechMate shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
TechMate or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM “SERVICES“
“Services“ shall not include the following:
Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products;
Problems that may and do result from:
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacture;
Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
Problems caused by using accessories, parts, or components not compatible with the product.
Non Compliance with the TechMate technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE TECHMATE PORTAL, OR THROUGH A SERVICE
For your convenience, TechMate may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA“), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any TechMate Web site may be copied or retransmitted unless expressly permitted by TechMate.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) – GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by TechMate or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Plan and for no other purpose.
The Software may be accompanied by a EULA from TechMate or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable.
You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR TECHMATE SOFTWARE
With regard to any Software made available to you by TechMate through the TechMate Portal for which your acceptance of a separate license agreement is not required (“TechMate Software“), you are hereby granted a revocable, non-exclusive, non-transferable license by TechMate to use the TechMate Software (and any corrections, updates and upgrades). In accordance with and as required under the Plan you shall not make any copies of the TechMate Software. You agree that the TechMate Software is the confidential and proprietary information of TechMate or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the TechMate Software, or otherwise reduce the TechMate Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the TechMate Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the TechMate Software. You acknowledge that this license is not a sale of intellectual property and that TechMate or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the TechMate Software and related documentation, as well as any corrections, updates and upgrades. The TechMate Software may be used only in the country of residence at the time of acceptance of these terms for use of the TechMate Software. Export of the TechMate Software is strictly prohibited.
THIRD PARTY PRODUCTS
As part of the Services, TechMate may suggest that you acquire, install and use certain third party software or services (“Third Party Software“). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether TechMate assists you in the acquisition, installation, and/or use of Third Party Software. TechMate has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. In the event a claim is asserted related or concerning the Third Party Software, you agree to indemnify and hold harmless TechMate, its subsidiaries, affiliates, officers, directors, employees, agents, representatives, licensors, consultants, or suppliers from such claims.
Your license to the TechMate Software shall remain in full force and effect unless and until terminated by TechMate, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Plan for any reason, you must cease all use of the Plan and the TechMate Software and immediately delete the TechMate Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, TechMate may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that TechMate may elect to make available from time to time. Violation of such third party provider’s terms of service may, in TechMate’s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
TechMate DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW TechMate TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
TechMate AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS“ WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TechMate AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TechMate AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL TechMate AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT,LIQUIDATING OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall TechMate be liable to you in excess of the amounts actually paid by you to TechMate that is the subject of the dispute [not sure if it makes sense to insert a period of time which is objective; subject of the dispute may be a little subjective]
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. [Not sure what NY law allows, but can we insert a SOL that is shorter than the law provides?]
TERM AND TERMINATION
TechMate at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of TechMate: (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, TechMate’s network, or the use and enjoyment of TechMate’s other users; (c) TechMate receives an order from a court to terminate the Service you are availing ; (d) if TechMate for any reason ceases to offer the Service; (e) if you are no longer a TechMate customer, or (f) TechMate determines that you are abusing the Service. TechMate, in its sole discretion, may refuse to accept your request for the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. TechMate’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The TechMate Portal is available internationally and may contain references to TechMate products, services, and programs that are not available in a viewer’s country. These references do not imply that TechMate intends to make such products, services, or programs available in such country.
TechMate reserves the right to amend the Terms and Condition, and the TechMate Portal at any time by (a) posting a revised version of the Terms and Conditions on the TechMate Portal (http://www.TechMate.com/terms.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to TechMate in connection with registration. You are responsible for regularly reviewing the TechMate website to be notified of any amendments to the Terms and Conditions.
[I would insert a Choice of Law provision which points to NY law. Not sure if this is covered by the AAA rules. When the service goes out of state, we will obviously want NY law].
ARBITRATION AND CLASS ACTION WAIVER
Any claim, dispute, or controversy (“Claim“) arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA“), under the AAA Consumer Rules in effect at the time the Claim is filed (“AAA Rules“). The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. The arbitration proceedings shall be held in New York, U.S.A. and shall be subject to the terms of this Agreement, the intentions of the parties as stated herein, international commercial practice, and the governing law of this Agreement. Â No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Class Action Waiver
The Parties hereby expressly agreed that any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action“). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THIS AGREEMENT.
Before you take a dispute to arbitration or to small claims court, you must first contact us by writing us and describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand“) and give us an opportunity to resolve the dispute. Similarly, before TechMate takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If you and TechMate do not reach an agreement to resolve the claim within 60 days from the date you or TechMate is notified by the other of a dispute, you or TechMate may commence an arbitration proceeding. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator.
Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. By notifying TechMate within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.
The amount of any settlement offer made by TechMate shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. After TechMate receives notice that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000.
If, after finding in your favor in any respect on the merits of your Claim, the arbitrator issues you an award that is greater than the value of TechMate’s last written settlement offer made before an arbitrator was selected, then TechMate will pay you the amount of the award or $10,000 (“the alternative payment“), whichever is greater.
If TechMate prevails before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then TechMate may seek to recover the AAA’s fees and expenses of the arbitrator from you.