1. User’s Acknowledgment and Acceptance of Terms
2. Description of Services
You understand and agree that delays or interruptions of the services available through this site may occur. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. Accordingly, we shall not be responsible for any delays or interruptions of the TacNote Web sites and do not warrant or make any representations that the Web sites will be available at all times or at any time. We are not responsible for any losses or damages that may result from such delays, interruptions or loss of access.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In regard to the content of Tacnote.com and any related TacNote Web sites as well as TacNote electronic communications, we attempt to be accurate with respect to the content it provides and in its electronic communications. However, we do not warrant that the product and service descriptions, prices, processes or any other content of the TacNote Web sites or of any other TacNote electronic communication is accurate, complete, reliable, current or free of errors.
3. Third Party Sites and Information; Participation in Promotions; Purchases from Third Party Sites
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, products and/or services provided by other parties including, but not limited to, third-party websites and advertisements offered by third parties. You may enter into correspondence with or participate in third party websites and promotions of the advertisers showing their products on this site. These other sites and parties are not under our control, and you acknowledge that we are not responsible for and shall not be liable for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. In addition, you acknowledge that we are not responsible for and shall not be liable for the accuracy, copyright compliance, legality, decency or any other aspect of any advertisements, promotions or marketing messages offered by third parties on this site. Our site may provide links, portals or other connections for third parties that may permit or facilitate communications and transactions between you and third parties. We accept no responsibility, shall not be liable for and do not guarantee the performance of or otherwise endorse these third parties. All communications, transactions and any other interactions with third parties including, but not limited to, shipments, customer service and returns involving products and services provided by third-parties are the responsibility of these third parties, and you are bound to their terms and conditions during such transactions. The inclusion of such a link, reference or advertiser is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. Any such correspondence, promotions or purchase and sale of goods and services, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the third party website and/or advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
5. Subscriptions; Payment of Fees
All invoices shall be paid within thirty (30) days of receipt. Payments not made within such time period shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. COMPANY may suspend all services on seven (7) days written notice until the amounts outstanding are paid in full.
All payments made to COMPANY under this Agreement shall be in United States currency in the form of company check, cashier’s check, or electronic wire transfer. For all fee-based services, you agree to pay all fees associated with such service. You may cancel fee-based services at any time. For all subscribers, upon cancellation your subscription will end immediately and no refund - pro-rated or otherwise - will be provided regarding fee-based services. Once you have cancelled a service, we reserve the right to purge your information associated with the service at any time from our database. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. We will provide customer service and support for all fee-based services as we determine, and subject to terms and conditions we establish, from time to time in our sole discretion. Subscribers to such services can contact us regarding available customer support/service via email at firstname.lastname@example.org.
You shall pay, reimburse, and/or hold COMPANY harmless for all sales, use, transfer, privilege, tariffs, excise, and all other taxes and all duties, whether international, national, state, or local, however designated except income taxes, which are levied or imposed by reason of the performance of the professional services under this Agreement or by use of the Product, except income taxes.
6. Electronic Communications
You are communicating electronically with us when you visit the TacNote site, provide information by means of the site or send e-mail to us. By becoming a subscriber of TacNote, you consent to receive communications from us electronically. We will communicate with you by e-mail and by posting information or notices via the Tacnote.com site, as applicable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Intellectual Property Information
Subscribers to the Tacnote.com site may access and use the site (including any services, documents or information from this site) solely for personal and business use and may not distribute, license, sublicense or resell any portion thereof to any other person or entity. Reselling includes, but is not limited to, receiving compensation or benefits (monetarily or in trade) from users of your account who i) are not clients for whom you are planning events and ii) are using the account as part of the offerings you provide to them; these users can include, but are not limited to, contractors, subcontractors, vendors, franchisees and network members. Inapproproate use of the site also includes, but is not limited to, using it for purposes of creating an online network or to provide free or paid access to users who are not clients (i.e., people who have hired you to plan and/or manage an event). Account sharing (i.e., two or more separate business entities sharing one account) is also prohibited. We reserve the right to immediately terminate the account of any user suspected of violating these limitations and to seek all available legal remedies.
Only authorized employees, representatives, contractors and contacts of each subscriber to the Tacnote.com site may access and use the site via the subscriber’s account, and none of them may distribute, license, sublicense or resell any portion thereof to any other person or entity. We reserve the right to immediately terminate the account of any user suspected of violating this limitation and to seek all available legal remedies.
Neither we nor our affiliates, warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.
8. Use and Operation of Tacnote.com; Data Storage; User Responsibility for Back Up Data
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. You should not rely on the site as your only storage facility. It is your responsibility to back up any data submitted or otherwise used with respect to this site. You agree that we are not responsible for any loss of data stored on our sites under any circumstance and you agree that you will not hold us liable for any loss of data that may occur including, but not limited to, your files and your discrete pieces of information.
9. Conduct on Site
10. User’s Materials; Submissions
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512©, our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. The services of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement: Managing Principal Email: support @ tacnote.com
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
11. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS AFTER OUR DELIVERY OF THE PRODUCT OR SERVICE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible or liable for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized COMPANY, spokesperson speaking in his/her official capacity.
12. Limitation of Liability
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from any and all liabilities, claims, costs (including, without limitation, settlement costs), and expenses (including attorney’s fees), that directly or indirectly arise from your use or misuse of this site including, but not limited to, (i) your use or misuse of any information, product or service supplied by us or third parties; (ii) any products, services or activities undertaken by us on your behalf; and (iii) your sale of any products and services or other operation of your business. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
14. Agency Grant
17. Termination of Use
18. Governing Law and Venue; Statute of Limitations
This site (excluding any linked sites) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the federal and state courts sitting in or for Hayward, California, United States of America with respect to such matters. Any cause of action brought by you against us or any third party supplying products or services through us must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
19. Compliance with Laws; International Use
We make no representation that the products and services available through our site are appropriate, available, in compliance with all laws or regulations or legal for use in locations within or outside of the United States, and accessing them from states or territories where such products and services are illegal is prohibited. Those who choose to access this site and purchase products and services from us or through third parties available or linked to this site do so on their own initiative and are responsible for use of all such products and/or services in compliance with all applicable federal, state and local laws and regulations. Any offer for any product, service, and/or information made available in connection with this site is void where prohibited.
20. Attorneys Fees
If any legal action is initiated by either of the parties hereto, the prevailing party shall recover from the other party reasonable costs and attorney’s fees in addition to any other relief that may be awarded.
22. Entire Agreement, Modification and Waiver