TapClicks Terms of Use

Updated August 1, 2017

 

Welcome to the TapClicks website. These terms and conditions of use (the “Terms of Use”) govern your use of the TapClicks website, all associated sites linked the website by TapClicks, its subsidiaries, and affiliates, including TapClicks sites around the world, and your use of our mobile apps, made available to you through the Apple App Store and Google Play Store (collectively, the “Site(s)”). The Sites are property of TapClicks, Inc. (“TapClicks,” “we,” or “us”), and TapClicks operates the Site to provide online access to and information about TapClicks and the products, services, and opportunities we provide. Use of TapClicks products, software, and services (collectively, our “Services”), accessible through our Sites, are governed by separate terms and conditions either provided on the Site or by other means to you from TapClicks.

BY ACCESSING AND USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

TapClicks reserves the right, at its sole discretion, to make changes to the Site and these Terms of Use and Privacy Policy at any time. Each time you use the Site, you should visit and review the then-current Terms of Use and Privacy Policy that apply to your transactions and use of this site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you are dissatisfied with the Site, its content, or our Terms of Use and Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Site, unless expressly altered by another agreement you have with TapClicks.

Terms Applicable to Use of the Sites

Some Sites may have additional rules, policies, license agreements, user agreements, or other terms and conditions that apply to your access or use of specific Services. If there is a conflict or an inconsistency between these Terms of Use and any other license or user agreements, which may include our Order Form, Partner Terms and Conditions, or Customer Terms and Conditions, the latter shall have precedence with respect to your access and use of that Service. For example, if you are accessing our Service, available on our Sites, through our mobile app or web browser on a personal computer, then you are also governed by our Customer Terms and Conditions.

Content; Intellectual Property

Your rights of access and use of our Intellectual Property are restricted as follows:

  • All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on our Site are owned, controlled, or licensed by or to TapClicks, and is protected by trade dress, other trademark law, copyright law, patent law, and various other intellectual property rights and unfair competition laws.
  • Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without TapClicks’ express prior written consent.
  • You may use information on TapClicks products and services (such as white papers, support articles, and similar materials) purposely made available by TapClicks for downloading from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents nor make modifications to any portion of the information; (2) use such information only for your personal, non-commercial informational purpose; (3) not copy or post such information on any networked computer or broadcast it in any media; and (4) not make any additional representations or warranties relating to such documents.

Electronic Communications

Your use of the Site, and your email(s) and/or text message(s) to us, are electronic communications by you to TapClicks. You consent to receive communications from TapClicks in electronic form. We will communicate with you by notices posted on this and other Sites, by email, by text, or by other mobile message. You agree that all electronically provided agreements, notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing.

Privacy

Our Privacy Policy governs any personal information you submit to us, and is incorporated herein by reference. We encourage you to read it in order to make an informed decision when using our Site. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send through or to the Site may be read or intercepted by others, even if a particular transmission (for example, credit card information) is encrypted.

Website and App Uses and Restrictions

Your use of the Site is restricted, including, but not limited to, the following rules:

  • You may not use any deep-link, page-scrape, robot, spider, crawl, index, internet agent, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. TapClicks reserves the right to bar any such activity.
  • You may not attempt to gain unauthorized access to: any portion or feature of the Site, or any other systems or networks connected to the Site or to any TapClicks server; or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means.
  • You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures of the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of TapClicks, including any TapClicks account not owned by you, to discover its source or to exploit the Site or any services or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
  • You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or TapClicks’ systems or networks, or any systems or networks connected to the Site or to TapClicks.
  • You agree not to use any device, software, or routine in order to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted within the Site, or with any other person’s use of the Site.
  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TapClicks on or through the Site or any Service offered on or through our Sites. You may not pretend that you are, or that you represent, someone else, nor may you impersonate any other individual or entity.
  • You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TapClicks or others.

You further agree that:

  • You are at least 18 years of age;
  • You have read and agree to the Terms of Use and Privacy Policy and will comply with all obligations and restrictions;
  • You are able to, and authorized, to create a binding legal obligation;
  • Your agreement, acknowledgement, and acceptance for the purchase of, or agreement for, any product, services, terms, conditions, pricing, and/or restrictions may be evidenced by clicking “I Agree” or “Accept” or “Submit” or “Purchase” or “Complete” and you agree that such an action will be considered and treated the same as though you physically signed such purchase or other agreement pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. Secs 7001, et seq.,
  • You will use the website for your own use and will not provide either information about any other person or information that is inaccurate and/or incomplete, nor will you otherwise conduct fraudulent activities;
  • You will not tamper with the Site.

Links to Third-Party Websites or Services

This Site or other sites supporting our Services may contain links to other independent third-party websites, services, or software (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under TapClicks control, and TapClicks is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. If you use the Linked Sites, you will leave our Site and will be subject to the terms of use and privacy policies applicable to those websites, services, and software.  You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Website Transactions

Any product or service transactions available through the Site (“Transactions”) are subject to the TapClicks Terms of Use, Privacy Policy, and all disclaimers and applicable terms and conditions that appear elsewhere on the TapClicks site. The Transactions may include limitations on dates, times, services, or availability indicated in the details, specific terms, or related electronic communication you receive from TapClicks. You agree that all Transactions are non-refundable, unassignable, non-transferrable, and may be further limited by the Transaction details. Subject to availability and in TapClicks sole discretion, you may be able to pay for your product or service Transaction with major credit cards issued in the United States of America. Credit and debit cards will be charged at the time order is placed and card is authorized.

Validating Your Transaction

After you place an order, TapClicks will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the email address you have given us with the order.

Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. TapClicks reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THESE SITES IS AT YOUR SOLE RISK. NEITHER TAPCLICKS, NOR ITS SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THESE SITES, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY, OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS), SERVICE, PRODUCT, OR TRANSACTION PROVIDED THROUGH THESE SITES. THE SITES AND ALL CONTENT AND OTHER INFORMATION CONTAINED WITHIN THE SITES, AND SOFTWARE, PRODUCTS, AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED WITHIN THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TAPCLICKS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

TAPCLICKS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE CONTENT, STATEMENTS, OR OTHER INFORMATION CONTAINED WITHIN OR ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAPCLICKS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TAPCLICKS SOFTWARE OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

UNLESS EXPRESSLY STATED OTHERWISE IN A SEPARATE AGREEMENT WITH TAPCLICKS, YOUR SOLE REMEDY AGAINST TAPCLICKS FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

  • The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
  • TapClicks reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL TAPCLICKS, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, ITS CONTENT, STATEMENTS, AND OTHER INFORMATION CONTAINED THEREIN, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE, EVEN IF TAPCLICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, TAPCLICKS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, TAPCLICKS’ LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNTS PAID FOR SUCH TRANSACTION, PRODUCT, OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR (2) 100.00 USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold TapClicks, including our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, losses, liabilities, claims, or expenses (including attorneys’ fees), made against TapClicks by any third party due to, arising out of, or in connection with your use of the Site.

Termination of Access to Our Sites

Violation of These Terms of Use

In the case of a violation of these Terms of Use or a violation of any other law within the jurisdiction in which TapClicks resides or operates, the following apply:

  • TapClicks may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TapClicks’ rights or property, or the rights or property of visitors to or users of the Site, including TapClicks’ customers. TapClicks reserves the right at all times to disclose any information that TapClicks deems necessary to comply with any applicable law, regulation, legal process, or governmental request. TapClicks also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
  • You acknowledge and agree that TapClicks may preserve any transmittal or communication by you with TapClicks through the Site or any service offered on or through the Site, and may also disclose such data, if required to do so by law or if TapClicks determines that such preservation or disclosure is reasonably necessary either to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of TapClicks, its agents and employees, users of or visitors to the Site, and the public.
  • You agree that TapClicks may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites, if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of any of our Sites. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to TapClicks, for which monetary damages would be inadequate, and you consent to TapClicks obtaining any injunctive or equitable relief that TapClicks deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TapClicks may have at law or in equity.
  • If TapClicks does take any legal action against you as a result of your violation of these Terms of Use, TapClicks will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TapClicks. You agree that TapClicks will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Additional Termination of Access

You agree that TapClicks may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

Governing Law

Unless a separate agreement between you and Tapclicks for the use of a particular portion of the Site expressly states otherwise, you agree that all matters relating to your access to or use of the Sites, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or else such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.

Void Where Prohibited

TapClicks administers and operates the Site from its location in San Jose, California USA. Although the Site is generally accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. TapClicks reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and TapClicks with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and TapClicks with respect to such use are hereby superseded and cancelled. For clarity, you may enter into a concurrent agreement with TapClicks regarding your use of our Services, accessible through our Sites. Such agreement will not cancel or supersede this Agreement to these Terms of Use, and any conflicting terms will be managed as stated at the beginning of this Agreement. Other than as provided in a purchase agreement you enter into with TapClicks, TapClicks will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

TapClicks failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by TapClicks of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between TapClicks and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. TapClicks shall be free to use such information on an unrestricted basis.

Errors on Within Our Site and Digital Millennium Copyright Act Notice (DMCA)

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and TapClicks reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted, whether or not the order has been confirmed and whether or not you have been charged.

If you believe that any material on, in, or connected to the Site constitutes copyright infringement, you shall provide TapClicks with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Contact Info

Our DMCA Agent for notice of claims of copyright infringement is:

[email protected]

TapClicks, Inc.
ATTN: Legal Department
3031 Tisch Way, Suite 1002
San Jose, CA 95128


(866) 626-1088

The information contained in this website is subject to change without notice.
Copyright © 2017 TapClicks Inc. All rights reserved.