GENERAL TERMS AND CONDITIONS
TabJab, Inc. ("Company") is providing this website (the "Website") to you subject to the following legal notices, terms, and conditions. These Terms of Use (also, "Agreement") represent a legally binding contract between you and Company and applies to your use of the products and services available through www.tabjab.com. For purposes of this Agreement, the term "Website" includes the various services provided by Company through the Website currently and in the future.
PLEASE READ THESE TERMS OF USE THOROUGHLY BEFORE USING THIS SITE. DO NOT USE THIS WEBSITE UNLESS YOU UNDERSTAND THESE TERMS OF USE AND AGREE TO ABIDE BY THEM. BY USING THIS WEBSITE YOU AGREE TO THESE TERMS OF USE.
Company may revise and update these Terms of Use at any time. Your continued usage of the Website will mean you accept those changes, if any. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website.
USE OF WEBSITE
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Company. Company reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Company believes that customer conduct violates applicable law or is harmful to the interests of Company and its affiliates.
In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
The contents of the Website, such as text, graphics, images, information obtained from Company's licensors, and other material contained on the Website are for informational purposes only.
PRIVACY POLICY
"Customer Information" means all information provided by you to Company or any other user of the Website. You shall be solely responsible for the accuracy of Customer Information.
Customer Information and certain other information about you is protected by our Privacy Policy. For more information, please see and read our full privacy policy at http://www.tabjab.com/policy.html.
You hereby grant Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Customer Information, in any media now known or not currently known, with respect to Customer Information. Company will use and protect Customer Information in accordance with our Privacy Policy.
USER INFORMATION
In consideration of your use of Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website (such information being the "User Information") and (b) maintain and promptly update the User Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You grant Company and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use Customer Information in connection with the operation of the Website. Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Company tools and services.
USE OF WEBSITE AND SERVICE
Company will act as your agent to facilitate making and receiving payments between you and third parties, who may or may not be customers of Company. You hereby appoint Company as your agent to perform the tasks assigned by you from time to time. Company is solely acting as your agent based on your instructions and directions. Company is not a bank and the Website processes payments, and is not acting as a bank. Company is not acting a fiduciary capacity, but only as an agent and temporary holder of your funds. You will not be entitled to receive interest on any funds held by Company.
You authorize Company to take any and all actions as may be reasonable, whether directly or through third parties hired by Company, to verify identities and otherwise validate and authenticate the statement made by you to Company. This could include obtaining a credit report and performing reasonable credit and background checks.
If a dispute arises between you and another Company customer, you hereby agree to release Company (and our employees, directors, officers, subsidiaries, legal representatives, partners and joint venturers) from any and all causes of action, penalties, costs, claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
UNACCEPTABLE USES OF WEBSITE
YOU SHALL NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES: (I) TO MAKE OR RECEIVE PAYMENTS FOR ANY SEXUALLY ORIENTED OR OBSCENE MATERIALS OR SERVICES; (II) TO MAKE OR RECEIVE PAYMENTS FOR ANY ILLEGAL DRUGS, NARCOTICS, OTHER CONTROLLED SUBSTANCES, STEROIDS OR PRESCRIPTION DRUGS; (III) TO MAKE OR RECEIVE PAYMENTS FOR WAGERS, GAMBLING DEBTS OR GAMBLING WINNINGS, REGARDLESS OF THE LOCATION OR TYPE OF GAMBLING ACTIVITY; AND (IV) TO MAKE OR RECEIVE PAYMENTS IN CONNECTION WITH ANY CRIMINAL ACTIVITY.
Customer Information and your activities (including your payments and receipt of payments) through our Website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) consist of providing yourself a cash advance from your credit card (or helping others to do so), (d) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools); (e) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (f) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (g) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (h) be obscene or contain child pornography; (i) contain any viruses, Trojan horses, worms, time bombs or other computer software routines that may damage, detrimentally interfere with, secretly intercept, copy or steal any system, data or other personal information; or (j) result in liability for Company or cause Company to lose (in whole or in part) the services of Company's internet service providers or other suppliers.
If you use, or attempt to use the Website for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Website, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
Moreover, the Company shall have the option, at any time and for any reason, to terminate your account and this Agreement.
SECURITY
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these security precautions.
MODIFICATIONS TO THE WEBSITE
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Website.
TERMINATION
You agree that Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of Website and remove and discard any User Information held by it, for any reason, including, without limitation, for lack of use or if Company reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Company may also in its sole discretion and at any time discontinue providing Website, or any part thereof, with or without notice. You agree that any termination of your access to Website under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Website. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to Website.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE WEBSITE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' BASIS ONLY. COMPANY MAKES NO WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THESE PAGES, OR THE COMPUTER SERVER WHICH MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF COMPANY AND ITS SUPPLIERS. ACCORDINGLY, COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.
INDEMNIFICATION
You agree that you will hold harmless Company and its members, managers, officers, agents and employees from all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights.
LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR EVEN RESULTING FROM NEGLIGENCE, ARISING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES PROVIDED BY COMPANY.
LINKS PROVIDED BY COMPANY
Company may provide links on the Website to other websites which are not under the control of Company. In general, any website which has an address (or URL) not containing 'tabjab.com' is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by Company of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
LINKING TO OUR WEBSITE
You may provide hypertext links to this Website, provided that the appearance, position and other aspects of the link may not create the false appearance that an entity other than Company is associated with or sponsored by Company.
OWNERSHIP/PROPRIETARY RIGHTS
The works of authorship and all related logos, products and services described in this website contained in this Website, including but not limited to all design, text and images, are owned or licensed by Company or its suppliers and contributors, and represent trademarks, trade dress, service marks, and service dress of the Company, may not be copied, reproduced, imitated, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Company's prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of Company.
All text and electronic images on this Website are the intellectual property of Company or its suppliers and contributors which may include registered copyrights, unregistered common law copyrights, registered trademarks, trade dress or service marks. Any attempt to infringe upon or to circumvent these copyrights or trademarks or other intellectual property rights will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.
JURISDICTION/GOVERNING LAW
Company is located in the State of Georgia, United States of America. The Website and these Terms of Use shall be governed by and interpreted under the laws of the State of Georgia (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
You expressly agree that exclusive jurisdiction for any dispute with Company, or in any way relating to your use of the Website, resides in the courts of the State of Georgia and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Georgia in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
INTERNATIONAL USE.
Recognizing the international nature of the Internet, you agree to comply with all rules, regulations, and laws regarding Website which are applicable to you. Company is based in Atlanta, Georgia, in the United States of America. Company makes no claims that the Website is appropriate or may be downloaded outside of the United States.
MISCELLANEOUS
These Terms of Use constitutes the entire agreement between you and Company and governs your use of Website, superceding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use the Website, third-party content or third-party software. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be removed from this Agreement and the remaining terms and conditions shall be enforced. This Agreement and all referenced documents and agreements may be automatically assigned by Company, in Company's sole discretion, to a third party in the event of a merger or acquisition. This Agreement and all referenced documents it incorporates sets forth the entire understanding between Company with respect to the subject matter hereof.
This Agreement is a "writing signed by you" under any every applicable law or regulation. To the maximum extent allowed by law, this Agreement and our relationship and any other notices or other communications regarding your account and/or your use of the Website (the "Communications"), may be provided to you electronically by e-mail to the e-mail address specified by you and you agree to receive all Communications from Company in electronic form. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than three (3) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Company reserves the right to provide any of its Communications in paper format.
QUESTIONS AND COMMENTS
Thank you for reading and agreeing to these Terms of Use.
Please direct any questions or comments regarding the Website by electronic mail to support@tabjab.com or by standard mail to Company at:
TabJab, Inc.
P.O. Box 681041
Franklin, Tennessee 37068-1041
United States