Tassat Group Inc. and its subsidiaries (“Tassat,” “we,” “us,” or “our”) invite you to access (i) this website (the “Website”), (ii) any software, tools, data feeds, products, materials, information and services provided to you on, from, or through the Website (collectively, the “Services”), and (iii) any content made available to you from, on or through the Website and/or Service, including without limitation text, documents, data, articles, graphics, photographs, sounds, music, videos, audiovisual combinations, other information or materials, and anything made available to you from, on or through the Website and/or Service (collectively the “Content”), subject to the following Website Terms of Use (the “Terms of Use”) and our Privacy Policy (“Privacy Policy”), which is incorporated herein and made a part hereof by this reference (collectively, the “Agreement”). The Agreement may be updated by us from time to time without notice to you.
By browsing, accessing, or using the Website and by accessing and using our Services for yourself or on behalf of your employer, you acknowledge that you have read, understood, and agree to be legally bound by the Agreement. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THE AGREEMENT, THEN PLEASE DO NOT ACCESS OR USE THE WEBSITE AND/OR THE SERVICES.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the availability of the Website and/or the Services, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Website. By continuing to access or use the Website and/or the Services after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website and/or the Services.
By accessing or using the Website, you represent and warrant to Tassat that: (i) you are of legal age to form a binding contract, (ii) if you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity, (iii) you also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Website and Services. These Terms of Use are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
If you are ever required to register an account on the Website, you may be required to establish a username (“Tassat User ID”) and password and you may be requested to provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively, “Login Credentials”). You may not transfer your account to anyone else without our prior written permission. When creating your account, you must provide true, accurate, current, and complete information about yourself and/or the business that you represent. You are responsible for the activity under your account. Each Tassat User ID and corresponding password can be used by only one individual. You are responsible for maintaining the confidentiality of your account Login Credentials. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs on your account as a result of you sharing your password with another or failing to protect it. Tassat is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password. You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security. We reserve the right to delete or change your Login Credentials at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
By using the Website or Services, you agree to comply with these user guidelines (the “Guidelines”) and you agree that:
TERMINATION AND SUSPENSION OF SERVICE
If you breach any of these Terms of Use, Tassat will have the right to suspend, disable or terminate your access to the Services in its sole discretion and without prior notice to you. Tassat reserves the right, at any time, to modify, suspend, or discontinue the Website or Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or the Services or any part thereof. In the event Tassat terminates or suspends your use of the Services for your breach, you will remain liable for any and all amounts due hereunder. You are free to stop using the Website and Services at any time. In addition to breach of any of these Terms of Use, cause for suspension or termination of access shall include, but not be limited to, (a) your breach or violation of any representation, warranty, and/or obligation under the Agreement; (b) requests by law enforcement or other government agencies; (c) discontinuance of or material modification to the Website, Service and/or Content (or any part thereof); (d) unexpected technical or security issues or problems; (e) engagement by you in fraudulent or illegal activities; or (f) nonpayment of any fees owed by you in connection with your use, if applicable.
INTELLECTUAL PROPERTY
Content. The Website and the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Tassat exclusively own all right, title, and interest in and to the Website, the Services and the Content, including all associated intellectual property rights. You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website, Services or Content.
If applicable, you may view all Content on the Website and the Services solely for internal business purposes. We retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
Trademarks. The trademarks, service marks, and logos of Tassat (the “Tassat Trademarks”) used and displayed on the Website or the Services are registered and unregistered trademarks or service marks of Tassat. Other company, product, and service names located on the Website or the Services, may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Tassat Trademarks, the “Trademarks”). Nothing on the Website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Tassat Trademarks inures to our benefit.
Elements of the Website and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
FEEDBACK
Although we encourage you to e-mail us, you should not and we do not want you to e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
EXTERNAL SITES
The Website the Content may contain links to third-party websites and through our Services you may access links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
INTERSTATE DATA TRANSMISSIONS
By accepting this Agreement and agreeing to be bound by it, you acknowledge and agree that your use results in interstate data transmissions because of Tassat’s network architecture, business practices, and the manner in which electronic communications are processed.
COMPLIANCE WITH APPLICABLE LAWS
The Website and the Services are based in the United States. We make no claims concerning whether the Website may be viewed or be appropriate for use outside of the United States. If you access the Website or the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
CHANGES TO THESE TERMS
These Terms of Use are effective as of the date stated at the top of the Terms of Use. We may change these Terms of Use from time to time. Any such changes will be posted on the Website. By accessing the Website or the Services after we make any such changes to the Terms of Use, you are deemed to have accepted such changes. Please refer to these Terms of Use on a regular basis.
EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above.
INDEMNIFICATION
You agree to indemnify and hold Tassat and its affiliates, officers, agents, employees, partners, and licensors harmless from and against any and all actions, claims, demands, damages, liabilities, costs, expenses, and losses (including all reasonable attorneys’ fees and costs associated therewith), brought by any third party arising out of or relating to (a) your use; (b) any misuse by you of the Website, Service, Content, and/or Third-Party Trademarks; (c) your connection to the Website; (d) your breach of any representations, warranties, and/or obligations under this Agreement; or € your violation of the rights of another.
DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (a) YOUR USE OF THE WEBSITE OR THE SERVICES IS AT YOUR SOLE RISK, AND THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (b) TASSAT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (i) EXPRESSLY DISCLAIM (X) ANY AND ALL LIABILITY OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES), AND (Y) ANY AND 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), IN EACH SUCH CASE (X) AND (Y) WITH RESPECT TO YOUR USE; THE WEBSITE, SERVICE AND/OR CONTENT; AND (ii) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE WEBSITE, THE SERVICES, THE CONTENT, OR OTHER MATERIALS OBTAINED BY YOU FROM OR THROUGH THE WEBSITE WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS;(B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) BE ACCURATE, RELIABLE, COMPLETE OR CURRENT; OR (D) BE SENT OR DELIVERED FREE OF MALWARE OR OTHER HARMFUL COMPONENTS; AND (c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TASSAT OR THROUGH OR FROM THE WEBSITE, SERVICES AND/OR CONTENT SHALL CREATE ANY LIABILITY OR WARRANTY.
LIMITATION OF LIABILITY
WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL TASSAT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY AND/OR DEATH, DAMAGE TO TANGIBLE PROPERTY, AND DAMAGE TO INTANGIBLE PROPERTY (EVEN IF TASSAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE “DISCLAIMERS” SECTION AND THIS “LIMITATION OF LIABILITY” SECTION MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS
You agree to receive communications from Tassat electronically. Tassat will communicate with you by email and/or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Tassat provides to you electronically satisfy any legal requirements that such communications be in writing.
CONTROLLING LAW; EXCLUSIVE FORUM
The Agreement and any action related thereto will be governed by the laws of the State of New York, without regard to its conflicts of law provisions. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, New York County, for purposes of any such action by us.
MISCELLANEOUS
Entire Agreement. The Agreement constitutes the entire agreement between you and Tassat regarding your use of the Website and related Services, superseding any prior agreements between you and Tassat with respect thereto. Your or your employer may be subject to additional terms and conditions or agreement that may apply to other Tassat products and/or services, which are expressly exclusive of your use of the Website and related Services.
Survival. If these Terms of Use are modified or Agreement is terminated in accordance with the Agreement, the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Feedback,” “Compliance with Applicable Laws,” “Changes to these Terms,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”
Wavier. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects Tassat’s intent.
Section Headings. The section headings are provided merely for convenience and shall not be given any legal import.
No Third-Party Beneficiaries. This Agreement is not enforceable by or for the benefit of any third-party.
Successors and Assigns. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright Tassat Group Inc. All rights reserved.
