1. ACKNOWLEDGEMENT AND ACCEPTANCE.
c. The Sites are controlled and offered by TAS from its facilities in the United States of America. TAS makes no representations that the Sites are appropriate or available for use in other jurisdictions. If you are a non-U.S. resident and you access any Site, you do so at your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Sites or the Site Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
4. LICENSE GRANT AND SITE CONTENT.
c. Site Content is protected by copyright and other United States and foreign intellectual property and related laws. Site Content includes both material owned or controlled by TAS and material owned or controlled by third parties and licensed to TAS. As between you and TAS, title to the Sites and all Site Content remains with TAS. Using, copying or storing any Site Content other than for noncommercial, personal use is expressly prohibited without prior written permission from TAS or the applicable copyright holder. All rights not expressly granted herein are reserved by TAS.
6. USERNAME AND PASSWORD. Access to and use of Restricted Resources is through a combination of a unique user name (“Username”) and a password (“Password”) provided to a Registered User in connection therewith. Each Registered User is responsible for maintaining the confidentiality of his, her or its own Username and Password. Furthermore, each Registered User is entirely responsible for any and all activities which occur under his, her or its Username and Password. Each Registered User agrees to immediately notify TAS of any unauthorized use of a Restricted Resource to which such Registered User is granted access, or a Registered User’s account or any other breach of security known to the Registered User. Although TAS will not be liable for losses caused by any unauthorized use of a Restricted Resource or a Registered User’s account, such Registered User may be liable for the losses of TAS or others due to such unauthorized use. The Registered User is solely responsible for (a) any charges, damages or losses that may be incurred or suffered as a result of such Registered User’s failure to maintain the strict confidentiality of his, her or its Username and Password; and (b) promptly informing TAS in writing of any need to deactivate any Username and Password due to security concerns.
You agree that when using the Sites and their related services you will act in a manner consistent with the goals of the Sites, and by way of example, and not as a limitation, you specifically agree that you will not:
a. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law;
c. use any spider, robot or other automated device or automated or manual process to copy, monitor or keep a database copy of Site Content or any portion thereof;
e. access or use the Sites in any way that, in TAS’ sole discretion, adversely affects the function or performance thereof or any other networks or computer systems used by TAS, or infringes on TAS’ or any third party’s trademark, copyright, patent rights, rights of privacy or publicity or any other proprietary rights;
f. transmit or upload to the Sites, or use in connection with the Sites, any software, device or routine that contains viruses, worms, time bombs, Trojan horses or other computer programming routines that may interfere with or attempt to interfere with, damage or in any way intercept the normal operation of the Sites, or take any action that imposes an unreasonable load on our computing platform; or
g. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material available on a Site or through the use thereof;
h. attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, servers, software or any areas of the Sites not intended for your access;
i. post information on or download information from the Sites unless you have all rights and authority necessary to do so;
j. post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except as expressly authorized by TAS in writing;
k. impersonate another person or entity, including but not limited to, a TAS representative, or communicate under a false name or a name that you are not entitled or authorized to use, or use the Sites to create any fraudulent or false inquiry or account; or
l. harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.
8. COPYRIGHT NOTIFICATION. TAS does not permit copyright infringing activities and other infringement of intellectual property rights on its Sites, and TAS will remove content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content in any area of a Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing TAS’ designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and an electronic mail address;
e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact TAS’ designated Copyright Agent at info@Tradeareasystems.com to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to TAS through the Contact area of the applicable Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
9. TRADEMARKS. Trade Area Systems, Inc., TAS’ logos and other product and service names of TAS (including, without limitation, TAS Online, TAS Analyst, TAS Mobile and TAS Viewer) are trademarks of TAS (the “TAS Marks”). You agree not to display, reproduce or otherwise use in any manner the TAS Marks without TAS’ prior written permission.
10. LINKS. The Sites may provide links to other web sites or resources. TAS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. TAS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. TAS provides these links and references to you only as a convenience. Unless otherwise expressly stated, a link does not imply TAS’ endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and TAS does not accept any responsibility therefore.
13. DISCLAIMER OF WARRANTIES.
a. THE USE OF THE SITES IS AT USER’S SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TAS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO REPRESENTATIONS AND WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF THE SITES OR SITE CONTENT, AS TO THE AVAILABILITY OF THE SITES AT ANY PARTICULAR TIME OR LOCATION, AS TO THE CORRECTION OF ANY DEFECTS OR ERRORS IN THE SITES, OR THAT SITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAS CANNOT AND DOES NOT GUARANTEE THAT SITE CONTENT AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS. TAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TAS MAKES NO WARRANTY THAT THE SITES WILL MEET USER’S REQUIREMENTS OR THAT THE SITES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, NOR DOES TAS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES.
b. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SITE IS DONE AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TAS OR THROUGH ANY SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USERS.
14. LIMITATION OF LIABILITY.
a. UNDER NO CIRCUMSTANCES SHALL TAS BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE ANY SITE, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF USER’S DATA, OR FAILURE OF ANY SITE TO STORE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF TAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE.
c. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TAS’ LIABILITY IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED $100.00.
16. USER FEEDBACK. TAS is pleased to hear from Users and welcomes your comments regarding the Sites. If you send TAS your feedback, ideas and materials via a Site (“User Feedback”), please understand that by submitting such information to TAS, you irrevocably assign to TAS, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such User Feedback. TAS will be entitled to use any User Feedback for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such User Feedback, you represent to TAS that you have the right to do so. For the avoidance of doubt, User Feedback does not include data input by a Registered User through any Restricted Resource, which data is necessary for the use and operation of any products or services available through such Restricted Resource.
17. SECURITY OF THE SITES. TAS maintains physical, electronic, and procedural safeguards and personnel policies that are designed to safeguard the Sites, our systems and our customers’ personal information. For example, for the security of your online visit to a Site, TAS may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while TAS strives to protect your personal information, TAS cannot ensure or warrant the security of any information or content that you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, TAS will notify you as necessary so you can take appropriate protective steps.
24. ELECTRONIC COMMUNICATIONS. When you visit the Sites or send emails to TAS, you are communicating with TAS electronically. You consent to receive communications from TAS electronically. TAS may communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that TAS provides to you electronically satisfy any legal requirement that such communications be in writing.
Trade Area Systems, Inc.
555 Pleasant Street
Attleboro, MA 02703