ARknet Terms of Service
Welcome to ARknet! ARknet is a patent pending geo spatial, augmented reality privacy first social media engagement platform by Tautachrome, Inc. (“Tautachrome,” “we,” “us,” “our”). These terms of service (“Terms”) cover your use and access to all of our services for which these Terms are referenced or linked, including our mobile application (the “Application”), cloud services, social media platforms, and communication services (collectively, the "Services"). Where used below, “You” and “Your” mean, and refer to, the person(s) or legal entity (whether a company, organization, educational institution, instrumentality, governmental agency, or department) that has accepted these Terms under the account it has created and is using the Services or is otherwise exercising rights under this agreement. Upon your agreement to additional terms and limitations applicable to the Main Street Business Center, the Services shall further include the functionality described therein.
ANY INDIVIDUAL USING THE SERVICE ON BEHALF OF AN ORGANIZATION OR OTHER LEGAL ENTITY REPRESENTS THAT SUCH INDIVIDUAL HAS THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND, BY ACCEPTING THESE TERMS, DOES SO BIND SUCH ENTITY.
YOU MAY AUTHORIZE CONTRACTORS, STAFF, OR OTHER AGENTS (“ASSIGNED AGENTS”) TO USE TAUTACHROME SERVICES ON YOUR BEHALF, BUT ALL SUCH ACTIONS, ACTIVITIES, INTERACTIONS, REPRESENTATIONS UNDER YOUR ACCOUNT SHALL BE DEEMED TO HAVE BEEN MADE BY YOU AND YOU (IN ADDITION TO YOUR ASSIGNED AGENTS) SHALL BE RESPONSIBLE TO TAUTACHROME FOR ALL SUCH ACTIONS.
PLEASE NOTE THAT THESE TERMS INCLUDE A REQUIREMENT FOR ARBITRATION OF ANY DISPUTE.
We may modify these Terms at any time, and if we do, we will notify you by within the Application. The modified Terms will also be available within Application via the menu. It’s important that you review any modified Terms before you continue using the Application. If you continue to use the Application or the Services, you are bound by the modified Terms.
If you breach these Terms, we may terminate your account. By agreeing to these Terms, you acknowledge that we have no obligation to, and will not, reimburse or refund you due to involuntary suspension or termination of your account.
Beginning with ARknet 1.3.0, and all versions thereafter, KlickZie patented technology is being included by default. KlickZie is an image verification & invisible watermarking technology. You may opt out of KlickZie’s watermarking if at any time. Until such time as you opt out, You agree to the following information being included in all photos you upload from your device to the Application:
(a) your ARknet Username,
(b) date and time,
(c) Image or media source,
(d) Last 10 digits of my device ID.
2. Application End User License Agreement. So long as you comply with these Terms, including those pertaining the Services generally, Tautachrome grants you a limited, non-exclusive, and nontransferable license to: download, install, and use the Application for your personal or, as applicable and as subject to any applicable additional terms, commercial use, including, as applicable, use of the Application to access, interact with, and upload content, and communicate and transact business with other users, all of the foregoing strictly in accordance with these Terms and in accordance with all national, state, and local laws, regulations, rules, directives, and ordinances.
2.1 Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Tautachrome and its licensors, service providers, and vendors each reserve and shall retain their respective entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
2.2 License Restrictions. You shall not, and shall not permit others to:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, feature limitation, feature access, or security features in or protecting the Application;
(g) access or attempt to access non-public Tautachrome systems, programs, data, connected network devices or services, or the non-public systems, programs, data, or services of Tautachrome’s vendors or service providers;
(h) act as service bureau or pass-through agent for the Services with no added value to Customers;
(i) perform or attempt to perform any actions that would interfere with the normal operation of the services or affect use of the services by our other users;
(j) impose an unreasonable or disproportionately large load on the service whether by manual or automated means, or by any coordinated or quasi-coordinated usage-based attack;
(k) use the Application in, or in association with, any hazardous environments or systems.
2.3 No Warranty. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Tautachrome EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2.4 No Refunds. All sales are final. You agree that your sole remedy in the event of dissatisfaction with the Application or Services is to terminate the limited license granted herein and delete the Application from your device.
2.5 Supported Devices. The Application is only available for supported devices and might not work on every device. Determining whether your device is a supported or compatible device for use of the Application is solely your responsibility, and downloading the Application is done at your own risk. Tautachrome does not represent or warrant that the Application and your device are compatible or that the Application will work on your device.
(a) iOS Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
(b) Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2.6 Consent to Electronic Communications and Solicitation. By downloading the Application, you authorize Tautachrome to send you (including via email, SMS and push notifications) information regarding the Services and the Application, such as: (a) notices about your use of the Services and the Application, including notices of violations of use; (b) updates to the Services and Application and new features or products; and (c) promotional information and materials regarding Tautachrome's products and services (d) Alerts that you have activated and can deactivate; (e) Notifications specific to features used (for example, if you use commerce features certain notifications will be sent to facilitate the transaction on both the buyer and seller side. You can review your account notification settings and adjust your messaging and alerting preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Application settings.
2.7 Suspension and Termination of the Application. Tautachrome reserves the right to suspend or terminate your access to the Application at any time based on the status of your account under the Subscription Agreement. You understand that if your account is suspended or terminated, you may no longer have access to the content that is stored within the Subscription Service. If we suspect that your business account has violated our Terms, your account will enter a ‘Pending Suspension’ or ‘Pending Termination’ status, depending on the violation’s severity, You will have 7 days to remedy a “Pending Suspension”, and 48 hours to remedy a ‘Pending Termination” unless additional violations occur, and at which point your account may be directly suspended, or terminated.
2.8 No Included Maintenance and Support. Tautachrome, its service providers, or its vendors, may deploy changes, updates, or enhancements to the Application at any time. Tautachrome, its service providers, or its vendors, may provide maintenance and support for the Application, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Application.
2.9 Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US. Notwithstanding the foregoing, you agree not to export or use the Application outside of the geographic restrictions set forth below in Section 4.3.
2.10 US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor thereof you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
2.11 Term and Termination.
(a) The term of this limited license commences when you acknowledge acceptance of these Terms or otherwise download, install, copy, or begin use of the Application and will continue in effect until terminated by you or Tautachrome. You agree that if terminated by Tautachrome, you will not create, fabricate, or attempt to re-enter the services under a new identity, or in any way circumvent your account termination.
(b) You may terminate this limited license by canceling your account within the User Profile area within the Application, completing the steps required for cancelation verification, and by deleting the Application and all copies thereof from your mobile device(s).
(c) Tautachrome may terminate this limited license at any time without notice if it ceases to support the Application, which Tautachrome may do in its sole discretion. In addition, this limited license will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this limited license or these Terms.
(d) Account Suspension or Termination. We may suspend or terminate your access to the Application at our sole discretion, at any time and without notice to you, if, for example, you provide or publish content that violates, or is believed to be in violation of, any restrictions listed above. In such an event that your account is suspended or terminated, the offending content, if applicable, may be unilaterally quarantined or destroyed for the safety of the service provider, users and subscribers.
(e) If we suspect or know that you are using or have used the Application for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your ARknet Account, your media/data, location data, and transactions made through your use of the services.
(f) Upon termination: (i) all rights granted to you under the limited license to use the Application, will also terminate; and (ii) you must cease all use of the Application, and delete your account and all copies of the Application from your Mobile Device(s). Termination will not limit any of Tautachrome’s rights or remedies at law or in equity.
3. Content. "Content" means the animations, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Application, including User Content. “User Content” means any Content a user of the Application provides to be made available through the Application.
3.1 Content Ownership. Tautachrome does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, Tautachrome, its licensors, service providers, and/or its vendors, exclusively own all right, title, and interest in and to the Application and all Content other than User Content, including all associated intellectual property rights. You acknowledge that the Application and Content may be protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices, embedded data, steganographic watermarking, or other attributes incorporated in or accompanying the Application or Content.
3.2 Rights Granted by You. Unless otherwise defined in agreement with Tautachrome, by making any User Content available through the Application you grant to Tautachrome or, as applicable, its service providers or vendors, a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, non-terminable, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content solely in connection with operating and providing the Services, including the Application and Content, to you and to others. By accepting these terms, you allow Tautachrome or, as applicable, its service providers or vendors, to benefit freely from the above rights for the limited purpose of providing the Services, including the Application and Content, including but not limited to:
(a) The right to reproduce User Content by any means and in any form;
(b) The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge in all places;
(c) The right to use the User Content for demonstration, promotion and advertising for all Tautachrome Services;
(d) The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by Tautachrome or by any outside party of its choice; and
(e) The right to use any name, likeness, image, or other aspect of an individual’s persona.
(f) By uploading such content, you represent, warrant, and agree that you possess all rights necessary to make the foregoing license and agree to indemnify, defend, and hold Tautachrome and its agents and service providers harmless with respect to any claims arising therefrom.
4. Acceptable Use.
4.1 Your use of the Services is limited to the ordinary and usual purposes for which they are offered, as such purposes are publically promoted and described by Tautachrome from time-to-time, subject to the Tautachrome provided functionality and directions for use, and not, unless expressly agreed by Tautachrome, for any other purpose. Our Services, to include the Application, are not intended for, and may not be used for, critical business applications, or in emergency management or life-saving systems.
4.2 In using the Services, you may not, and represent, warrant, and promise that you will not, upload content or engage in any other conduct via the Services that:
(a) Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
(b) Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
(c) Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
(d) Promotes or supports terror or hate groups;
(e) Exploits any person;
(f) Depicts unlawful acts or extreme violence;
(g) Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
(h) Depicts animal cruelty or extreme violence towards animals;
(i) Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
(j) Makes false or misleading claims about vaccination safety;
(k) Claims that mass tragedies are hoaxes or false flag operations;
(l) Depicts or encourages self-harm;
(m) Violates any applicable law; or
(n) Violates the usage limits or controls set forth by: (i) the App Store Terms of Service, for iOS users accessing the Application on an Apple product; (ii) Google Play Terms of Service for Android users accessing the Application on an Android product (iii) Stripe, Inc. Terms of Service if utilizing commercial features of the Services.
4.3 Geographic Restrictions. The Services are provided for access and use only by persons located in the United States, Canada, or Australia. You acknowledge that you may not be able to access all or some of the Services outside of the United States, Canada, or Australia and that access thereto may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, Canada, or Australia you are responsible for compliance with local laws. We are not responsible for monitoring your location. However, we may disable access to the Application when outside of operationally approved geo spatially defined area of the United States, Canada, Australia, or other countries as additionally permitted via installation controls provided by Apple’s App Store and Google’s Play Store. Circumventing installation controls, or manipulating geo location of your device is grounds for suspension, and or termination of your account.
4.4 Safe and Appropriate Use. While you are using our Application, please be aware of your surroundings. You agree that your use of the Application is at your own risk, and that you will not use the Application to violate any applicable law, regulation, policy, or instruction as outlined in these Terms and you will not encourage or enable any other individual to do so.
4.5 Geolocation Awareness. The Application uses geolocation features and is therefore not suitable for use by United States Department of Defense personnel, to include members of the armed forces currently located in certain areas.
5. Terms and Limitations Applicable to the Main Street Business Center
You as a consumer of products and or services making purchases through the MainSt business listings, and or as a seller/vendor on ARknet’s MainSt business platform, the following terms and limitations apply.
As a Seller:
5.1 Representing Yourself, Your Shop, and Your Listings Honestly
5.2 At ARknet, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, services and your business.
5.3 By selling on ARknet, you agree that you will:
(a) Provide honest, accurate information in your About section.
Provide List of Covid-19 Safety procedures established by your staff
(b) Represent access to your business accurately according to Federal, State, or local ordinances as pertains to Covid-19 guidelines.
(c) Accurately represent your items in listings and listing photos, videos, 3D-objects, Animations, or other rich media.
(d) Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to ARknet via DMCA (Digital Millennium Copyright Act) instructions included in this agreement.
(e) Not engage in fee avoidance.
126.96.36.199 Retail bricks & mortar shop products pay 2% (During Covid-19) + Stripe’s Credit card processing fee of 2.9% + $.30/transaction.
188.8.131.52 Other categories may be charged additional platform fees over time per category at Tautachrome’s sole discretion but will at no time exceed half of normal fees of Amazon’s marketplace (sell.amazon.com) lists as their additional referral charges per category.
(f) Not create duplicate shops or take any other action (such as manipulating clicks, carts or sales) for the purpose of manipulating search, other methods or circumventing ARknet’s policies.
(g) Not misrepresent the geolocation, and or service areas of your business.
(h) Not coordinate pricing with other sellers.
5.4 Items You Purchase. You understand that ARknet does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so ARknet cannot and does not make any warranties about their quality, safety, intended use, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release ARknet from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
5.5 Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. ARknet is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
5.7 Integrated Third-Party Services. Our Services may contain integration with third-party websites or services that have their own Terms of Service. Examples include, STRIPE (used for payment processing), ONE SIGNAL (used for sending notifications), SEND GRID (used for email messages, notifications), TWILIO (used for SMS messages, message fees may apply), GOOGLE MAPS, APPLE MAPS. ARknet provides the least amount of information possible to these integrated third-party services to minimize data sharing. A complete list of integrated services is provided within these terms of service and is updated from time to time as new services are added or removed.
5.8 Coupons & Promotions. You acknowledge that ARknet does not make any warranties with respect to coupons or promotions and is not responsible for any unauthorized access to, or alteration, theft, destruction or manipulation of a coupon/discount indicated in a Business ARk by an independent vendor that results from any action by you or a third-party. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
5.9 All purchases made using ARknet Payments may show up on your credit card statements as Tautachrome, Inc. even when your purchase is from a Seller on our Main St business center. In most cases, the Seller’s name will appear on your credit card statement, but you agree that purchases that are listed as Tautachrome, Inc may appear and will be considered valid representation of your order made on Tautachrome’s ARknet Platform through the Main St Business center.
5.10 We are not liable for funds held within a seller's account, should they not provide us with payout information (or provide us with incorrect payment information). We are not responsible for an incorrect payout that results in a successful, irretrievable payout to a third party as the result of your providing incorrect information.
5.11 You agree as a seller that when you are processing a REFUND for a customer, that those funds will be retrieved via the banking account information provided. It is your responsibility to maintain sufficient funds in your account for the REFUND to be successfully applied to your customer order.
Upon completion of a sale in which the buyer uses ARknet Main St the following shall apply. Your right and/or ability to receive sales proceeds via Tautachrome’s ARknet Platform may be revoked, disabled or limited if the purchase or sale violates this Agreement, if the number of fraudulent charges, or chargebacks exceeds .5% of your total sales, or your account is suspended or terminated.
6. Updates and Beta Services
6.1 Updates. Tautachrome may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features, your previously loaded data and previous functionality. You agree that Tautachrome has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or to re-enter previous data. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either:
(a) Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
6.2 Beta Services. We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services will be by invitation only or may be labeled to indicate their status and may not be as reliable as our other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.
Beta Services related to certain features or components are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone. Tautachrome is an SEC regulated company and such disclosures would be in violation of Federal regulations.
7. Third-Party Materials
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). An example of third-party advertising is that of a business using our business center tools to advertise their business, products, or services. You acknowledge and agree that Tautachrome is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Tautachrome does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
8. Digital Millennium Copyright Act
9. Tautachrome respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/
10. Digital Millennium Copyright Act
10.1 .pdf, Tautachrome will respond expeditiously to claims of copyright infringement committed using the Tautachrome Service if such claims are reported to Tautachrome’s Designated Copyright Agent identified in the sample notice below.
10.2 If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement and delivering it to Tautachrome’s Designated Copyright Agent. Upon receipt of Notice as described below, Tautachrome will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
10.3 DMCA Notice of Alleged Infringement (“Notice”)
(a) Identify the copyrighted work that you claim has been infringed.
(b) Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown (sharable link) in the Application, on the Site or other exact location description of where such material may be found.
(c) Provide your company affiliation (if applicable), mailing address, telephone number, and email address.
(d) Include both of the following statements in the body of the Notice:
· “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
· “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
(e) Provide your full legal name and your electronic or physical signature.
10.4 Deliver this Notice, with all items completed, to Tautachrome’s Designated
Copyright Agent contact information available upon request.
11. Disclaimer of Warranties
THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TAUTACHROME, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, AND/OR VENDORS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAUTACHROME OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, AND/OR VENDORS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR PROFIT SEEKING PURPOSE, Tautachrome, ITS AFFILIATES, VENDORS, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. COMPANY AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
13. Dispute Resolution
13.1 Resolving Disputes. In the event of a dispute, our goal is to address your concerns prior to any judicial intervention being necessary. Before filing a claim against Tautachrome, you agree to try to resolve the dispute informally by contacting [email@example.com]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Tautachrome may bring a formal proceeding, subject to these Terms.
13.2 Governing Law and Judicial Forum. This Agreement is governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. Subject to Sections 10.3 and 10.4, any permitted legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in courts of competent jurisdiction located within the state of Arizona. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13.3 Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13.4 NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
13.5 Mandatory Arbitration. You and Tautachrome agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
a. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Phoenix, Arizona, or any other location we agree to.
b. Exceptions to Agreement to Arbitrate. Either you or Tautachrome may assert claims, if they qualify, in small claims court in the state of Arizona. Either party may bring a lawsuit solely for injunctive relief, including but not limited to stopping unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction and venue set forth in Section 10.2.
14.1 Indemnification. You agree to indemnify, defend, and hold harmless Tautachrome, as well as its service providers and/or vendors, as well as its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement, including but not limited to the content you submit or make available through the Services.
14.2 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14.4 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.