Copyright Infringement and DMCA Policy
As TABCO asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Website violates your copyright, you are encouraged to notify TABCO in accordance with its Digital Millennium Copyright Act ("DMCA") Policy. TABCO will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TABCO will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TABCO or others. In the case of such termination, TABCO will have no obligation to provide a refund of any amounts previously paid to TABCO.
Intellectual Property
This Agreement does not transfer from TABCO to you any TABCO or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with TABCO. All associated logos, and all other trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of TABCO or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TABCO or third-party trademarks.
Partner Products
From time to time, TABCO may offer partner products. By activating a partner product, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product through their support mechanisms.
Changes
TABCO reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Changes will be communicated via email to the email address on file. Your continued use of or access to the Website following the notification of any changes to this Agreement constitutes acceptance of those changes. TABCO may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
TABCO may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have paid access, such account can only be terminated by TABCO if you materially breach this Agreement and fail to cure such breach within thirty (30) days from TABCO's notice to you thereof; provided that, TABCO can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
The Website is provided "as is". TABCO and its suppliers, brands, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither TABCO nor its suppliers, brands, and licensors, make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will TABCO, or its suppliers, brands, or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TABCO under this agreement during the six (6) month period prior to the cause of action. TABCO shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the TABCO Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless TABCO, its contractors, brands, and licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between TABCO and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TABCO, or by the communication by TABCO of a revised version. Except to the extent of applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wyoming. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Jackson, Wyoming, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to another party. TABCO may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.