You and the
Site
agree that we may access, store, process, and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices (including settings).
By
submitting
suggestions or other feedback regarding the Site, you agree that we can use and share such feedback
for
any purpose without compensation to you.
We do not
assert
any ownership over your Contributions. You retain full ownership of all of your Contributions and
any
intellectual property rights or other proprietary rights associated with your Contributions. We are
not
liable for any statements or representations in your Contributions provided by you in any area on
the
Site. You are solely responsible for your Contributions to the Site and you expressly agree to
exonerate
us from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
11. GUIDELINES
FOR
REVIEWS
We
may
provide you areas on the Site to leave reviews or ratings. When posting a review, you must
comply
with the following criteria: (1) you should have firsthand experience with the person/entity
being
reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive,
or hate language; (3) your reviews should not contain discriminatory references based on
religion,
race, gender, national origin, age, marital status, sexual orientation, or disability; (4)
your
reviews should not contain references to illegal activity; (5) you should not be affiliated
with
competitors if posting negative reviews; (6) you should not make any conclusions as to the
legality of conduct; (7) you may not post any false or misleading statements; and (8) you
may
not
organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily
represent our
opinions or the views of any of our affiliates or partners. We do not assume liability for
any
review or
for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us
a
perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to
reviews.
12. MOBILE
APPLICATION
LICENSE
If you access the
Site
via a mobile application, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on wireless electronic devices
owned
or
controlled by you, and to access and use the mobile application on such devices strictly
in
accordance with the terms and conditions of this mobile application license contained in
these
Terms of Service
.
You shall not: (1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive
the source code of, or decrypt the application; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application; (5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited commercial e-mail;
or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
application.
Apple and Android
Devices
The following terms
apply
when you use a mobile application obtained from either the Apple Store or Google Play
(each an
"App Distributor") to access the Site: (1) the license granted to you for our mobile
application
is limited to a non-transferable license to use the application on a device that utilizes
the
Apple iOS or Android operating systems, as applicable, and in accordance with the usage
rules
set forth in the applicable App Distributor's terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the mobile application as
specified in the terms and conditions of this mobile application license contained in
these
Terms of Service
or as otherwise required under applicable
law,
and you acknowledge that each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the mobile application; (3) in the event
of
any
failure of the mobile application to conform to any applicable warranty, you may notify
the
applicable App Distributor, and the App Distributor, in accordance with its terms and
policies,
may refund the purchase price, if any, paid for the mobile application, and to the maximum
extent permitted by applicable law, the App Distributor will have no other warranty
obligation
whatsoever with respect to the mobile application; (4) you represent and warrant that (i)
you
are not located in a country that is subject to a U.S. government embargo, or that has
been
designated by the U.S. government as a "terrorist supporting" country and (ii) you are not
listed on any U.S. government list of prohibited or restricted parties; (5) you must
comply
with
applicable third-party terms of agreement when using the mobile application, e.g., if you
have
a
VoIP application, then you must not be in violation of their wireless data service
agreement
when using the mobile application; and (6) you acknowledge and agree that the App
Distributors
are third-party beneficiaries of the terms and conditions in this mobile application
license
contained in these
Terms of Service
, and that each App Distributor will have
the
right (and will be deemed to have accepted the right) to enforce the terms and conditions
in
this mobile application license contained in these
Terms of Service
against you as a third-party beneficiary
thereof.
As
part
of
the
functionality of the Site, you may link your account with online accounts you
have with third-party service providers (each such account, a "Third-Party Account") by
either:
(1) providing your Third-Party Account login information through the Site; or (2) allowing
us to
access your Third-Party Account, as is permitted under the applicable terms and conditions
that
govern your use of each Third-Party Account. You represent and warrant that you are entitled
to
disclose your Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions that govern
your
use
of the applicable Third-Party Account, and without obligating us to pay any fees or making
us
subject to any usage limitations imposed by the third-party service provider of the
Third-Party
Account. By granting us access to any Third-Party Accounts, you understand that (1) we may
access,
make available, and store (if applicable) any content that you have provided to and stored
in
your
Third-Party Account (the "Social Network Content") so that it is available on and through
the
Site
via your account, including without limitation any friend lists and (2) we may submit to and
receive from your Third-Party Account additional information to the extent you are notified
when
you link your account with the Third-Party Account. Depending on the Third-Party Accounts
you
choose and subject to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts may be
available
on
and through your account on the Site. Please note that if a Third-Party Account or
associated
service becomes unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be available on and
through the Site. You will have the ability to disable the connection between your account
on
the
Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY
YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network Content. You acknowledge
and
agree that we may access your email address book associated with a Third-Party Account and
your
contacts list stored on your mobile device or tablet computer solely for purposes of
identifying
and informing you of those contacts who have also registered to use the Site. You can
deactivate
the connection between the Site and your Third-Party Account by contacting us using the
contact
information below or through your account settings (if applicable). We will attempt to
delete
any
information stored on our servers that was obtained through such Third-Party Account, except
the
username and profile picture that become associated with your account.
You
acknowledge
and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding
the
Site ("Submissions") provided by you to us are non-confidential and shall become our sole
property. We
shall own exclusive rights, including all intellectual property rights, and shall be entitled to
the
unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or
otherwise,
without acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that you
have
the
right to submit such Submissions. You agree there shall be no recourse against us for any alleged
or
actual infringement or misappropriation of any proprietary right in your Submissions.
15. THIRD-PARTY
WEBSITES AND CONTENT
The
Site may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music,
sound,
video, information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness,
or completeness by us, and we are not responsible for any Third-Party Websites accessed
through
the Site or any Third-Party Content posted on, available through, or installed from the
Site,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices,
or
other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion
of, linking to, or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If you decide to
leave
the Site and access the Third-Party Websites or to use or install any Third-Party Content,
you
do so at your own risk, and you should be aware these
Terms of Service
no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any
website
to
which you navigate from the Site or relating to any applications you use or install from
the
Site. Any purchases you make through Third-Party Websites will be through other websites
and
from other companies, and we take no responsibility whatsoever in relation to such
purchases
which are exclusively between you and the applicable third party. You agree and
acknowledge
that
we do not endorse the products or services offered on Third-Party Websites and you shall
hold
us
harmless from any harm caused by your purchase of such products or services. Additionally,
you
shall hold us harmless from any losses sustained by you or harm caused to you relating to
or
resulting in any way from any Third-Party Content or any contact with Third-Party
Websites.
16. U.S. GOVERNMENT
RIGHTS
Our
services are "commercial items" as defined in Federal Acquisition Regulation ("FAR") 2.101. If
our
services are acquired by or on behalf of any agency not within the Department of Defense
("DOD"),
our
services are subject to the terms of these
Terms of Service
in accordance with FAR 12.212 (for computer
software)
and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency
within
the Department of Defense, our services are subject to the terms of these
Terms of Service
in accordance with Defense Federal Acquisition
Regulation ("DFARS") 227.7202-
3.
In addition, DFARS 252.227-7015
applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of,
and
supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights
in
computer software or technical data under these
Terms of Service
.
We reserve
the
right, but not the obligation, to: (1) monitor the Site for violations of these
Terms of Service
; (2) take appropriate legal action against anyone
who,
in
our sole discretion, violates the law or these
Terms of Service
, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We
care
about data privacy and security. Please review our Privacy Policy:
https://www.tarvent.com/privacy
. By using the Site, you agree to be bound by our Privacy Policy, which is
incorporated
into these
Terms of Service
. Please be advised the Site is hosted in the United States
. If you access the Site from any other region of the
world
with laws or other requirements governing personal data collection, use, or disclosure that
differ
from applicable laws in
the United States
, then through your continued use of the Site,
you
are
transferring your data to
the United States
, and you agree to have your data transferred to and processed in
the United States
.
These
Terms of Service
shall remain in full force and effect while you use
the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF SERVICE
, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF SERVICE
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE
YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If
we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
20. MODIFICATIONS AND INTERRUPTIONS
We reserve
the
right to change, modify, or remove the contents of the Site at any time or for any reason at our
sole
discretion without notice. However, we have no obligation to update any information on our Site.
We
also
reserve the right to modify or discontinue all or part of the Site without notice at any time. We
will
not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot
guarantee the Site will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions, delays,
or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify
the
Site at any time or for any reason without notice to you. You agree that we have no liability
whatsoever
for any loss, damage, or inconvenience caused by your inability to access or use the Site during
any
downtime or discontinuance of the Site. Nothing in these
Terms of Service
will be construed to obligate us to maintain and
support
the Site or to supply any corrections, updates, or releases in connection therewith.
These
Terms of Service
and your use of the Site are governed by and
construed
in
accordance with the laws of
the State
of
Colorado
applicable
to
agreements made and to be entirely performed within
the State of
Colorado
, without regard to its conflict of law principles.
To expedite resolution and control the
cost
of
any dispute, controversy, or claim related to these
Terms of Service
(each "Dispute" and collectively, the "Disputes")
brought
by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to
first
attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at
least
thirty (30) days before
initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
If
the Parties are unable to resolve a Dispute
through
informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE
THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the
AAA's
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available
at
the AAA website www.adr.org. Your
arbitration
fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules.
If such
costs are determined by the arbitrator to be excessive, we will pay all
arbitration
fees and expenses.
The
arbitration
may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will
make
a
decision in writing, but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except
where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in
Douglas County,
Colorado
. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by
the
arbitrator.
If for any reason, a Dispute
proceeds in
court rather than arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located
in
Douglas County,
Colorado
, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction,
and forum non conveniens with respect to venue and jurisdiction in such
state and federal courts
. Application of the United Nations Convention on Contracts for the International Sale of Goods and
the
Uniform Computer Information Transaction Act (UCITA) are excluded from these
Terms of Service
.
In no event
shall
any
Dispute brought by either Party related in any way to the Site be commenced more than
one (1) years after the cause of action arose. If
this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute
falling within that portion of this provision found to be illegal or unenforceable and such Dispute
shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties
agree to submit to the personal jurisdiction of that court.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the
full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right
or
authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures;
and
(c)
there is no right or authority for any Dispute to be brought in a purported representative capacity on
behalf of
the general public or any other persons.
Exceptions to Informal Negotiations
and
Arbitration
The Parties agree that the following Disputes are not subject to the
above
provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any
claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party
will
elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that court.
23. CORRECTIONS
There
may be information on the Site that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors,
inaccuracies, or omissions and to change or update the information on the Site at any time, without prior
notice.
24. DISCLAIMER
THE
SITE
IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE
AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE
AND
WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE
SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED
AS
A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD
PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER
OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
25. LIMITATIONS OF LIABILITY
IN
NO EVENT WILL
WE
OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID,
IF ANY, BY YOU TO US
DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE
OF
ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS
MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
26. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim,
or
demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
(1) use of the Site; (2) breach of these
Terms of Service
; (3) any breach of your representations and warranties set
forth
in
these
Terms of Service
; (4) your violation of the rights of a third party, including
but
not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site
with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume
the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of
any
such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
27. USER DATA
We
will
maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site,
as
well as data relating to your use of the Site. Although we perform regular routine backups of data, you are
solely
responsible for all data that you transmit or that relates to any activity you have undertaken using the
Site.
You
agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby
waive
any
right of action against us arising from any such loss or corruption of such data.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails,
and
completing online forms constitute electronic communications. You consent to receive electronic
communications,
and you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communication be in
writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You
hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws
in
any
jurisdiction which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
29. CALIFORNIA USERS AND RESIDENTS
If
any
complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division
of
Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite
N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
30. MISCELLANEOUS
These
Terms of Service
and any policies or operating rules posted by us on the Site
or
in
respect to the Site constitute the entire agreement and understanding between you and us. Our failure to
exercise
or enforce any right or provision of these
Terms of Service
shall not operate as a waiver of such right or provision.
These
Terms of Service
operate to the fullest extent permissible by law. We may
assign
any
or all of our rights and obligations to others at any time. We shall not be responsible or liable for any
loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part
of
a
provision of these
Terms of Service
is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Service
and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or agency relationship created
between
you and us as a result of these
Terms of Service
or use of the Site. You agree that these
Terms of Service
will not be construed against us by virtue of having drafted
them.
You hereby waive any and all defenses you may have based on the electronic form of these
Terms of Service
and the lack of signing by the parties hereto to execute
these
Terms of Service
.
31. CONTACT US
In
order to
resolve a
complaint regarding the Site or to receive further information regarding use of the Site, please contact
us
at:
Tarvent Inc
165 Caprice Court, Suite A
Castle Rock
, CO
80109
United States
Phone: (+1)7205045225
legal@tarvent.com