OurTAC LLC Membership Login
WELCOME TO OURTAC, LLC.
These are the Terms & Conditions of all Parts of your Membership Agreement with OurTAC, LLC.
You must Acknowledge having Read and Accepted these Terms & Conditions Each and Every Time you Access our Service.
OurTAC, LLC Membership Agreement
OurTAC, LLC ("We," "Us" or "OurTAC") owns and operates www.OurTAC.com (including OurTAC Mobile) (collectively, “Our” or this "Site"), through which We provide a software license, available on a monthly recurring basis, to access various software tools within the OurTAC Member & Vendor Portal (the “Portal”) for those entrepreneurial individuals who wish to sell a variety of Consumer and/or Business oriented productsfor direct compensation for individual sales and bonus compensation for qualified team sales (the “Program”).
PLEASE READ THE TERMS AND CONDITIONS (“TERMS”) OF THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING FOR OUR SERVICE, INCLUDING THE SECTIONS RELATING TO TERMINATION, ARBITRATION AND CLASS ACTION WAIVER.
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY THESE TERMS AT ANY TIME. ANY UPDATED VERSION SUPERSEDES AND REPLACES ANY PRIOR VERSIONS UPON POSTING OF CHANGES AS VIEWED AT EACH LOGIN TO THE PORTAL. ANY PRIOR VERSION IS OF NO FURTHER FORCE AND EFFECT UNLESS WE SPECIFICALLY STATE OTHERWISE. WE WILL INDICATE THE LAST UPDATE DATE AT THE END OF THESE TERMS. YOU AGREE TO NOTE THAT LAST UPDATE DATE OF THE REVISION YOU READ AND AGREE TO AND TO PERIODICALLY CHECK THESE TERMS FOR CHANGES. IF THE LAST UPDATE DATE HAS BEEN CHANGED, THEN YOU WILL KNOW WE HAVE MADE CHANGES TO THESE TERMS AND THAT YOU MUST REVIEW THE TERMS TO DETERMINE HOW YOUR RIGHTS AND RESPONSIBILITIES UNDER THE TERMS HAVE CHANGED.
YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. YOU ALSO WILL BE REQUIRED TO AFFIRMATIVELY AGREE TO THE TERMS AND ANY MATERIAL MODIFICATIONS TO THE TERMS. YOU CANNOT USE THIS SITE OR OUR SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS.
This legal agreement is made between you and Us. By becoming a paid subscriber to and accessing the Service, you accept these Terms and agree to be bound by the terms, conditions and notices contained or referenced herein. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
Information and services that may be provided on this Site and Program in a language other than English are only provided as a convenience when available. All services provided, all obligations of OurTAC and all communication between the parties with respect to this Agreement will be done in the English language. Web pages which are translated from English to other languages may contain errors/omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.
- USER CONDUCT
With your participation in the Program, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example, and without limitation, you agree not to:
- violate any applicable law or regulation;
- infringe the rights of any OurTAC Vendor and/or other third party, including, without limitation, intellectual property, privacy, publicity or contractual rights;
- use the information available through our Service for any unauthorized or unlawful purpose;
- interfere with or damage our Service, including, without limitation, using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents;
- use our Service to transmit, distribute, post or submit any information concerning any OurTAC Member or other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers;
- use our Service to obtain the personal contact information of another Member without the express written consent of OurTAC as well as the Member’s prior consent;
- use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements,
- "stalk" or harass any other user of our Service;
- collect or store any information about any other user other than during the permitted use of our Service,
- use our Service for any conflictingor competitive commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products not directly provided through OurTAC and its Vendors;
- impersonate any person or entity;
- remove any copyright, trademark or other proprietary right notices contained in the Service;
- infringe on the intellectual property rights of OurTAC, the Service, our Vendors and/or any third parties in any manner;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service;
- post, upload or transmit false, misleading or illegal information or content to the Service;
- make false statements, attempt or use personal, financial or other information that you are not authorized to use;
- collect or store personal data about other users or members, with or without their consent, or upload, post, email or transmit any other user’s or member’s private information or data;
- provide hyperlinks, URL links, graphic links or other direct connection to our Site or the Service for profit or gain; or
- assist any third party in doing any of the foregoing.
- YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE
- Your Responsibilities
You agree to electronically receive and save confirmation of having successfully completed registration into the Program before attempting to sell a product offered through the Member Portal, or attempting to recruit and registernew team Member.
You agree to complete all the collective modules of New Member Training, as clearly marked within the “Training” section of the Portal, before attempting to sell a product or recruit a new team Member. New Member Training modules include, but are not necessarily limited to: A Review of the Terms of the OurTAC Membership Agreement (the “Terms”); Understanding the OurTAC Compensation Model (the “Plan”); Understanding the OurTAC Genealogy Model (the “Model”); and Understanding the OurTAC Rules of Conduct (the “Rules”).
To facilitate your advancement within the Model to the highest level(s) and to assure your success in effectively recruiting other Members, you understand and agree that it is your sole responsibility tobecome a Subject Matter Expert (“SME”) on the collective modules of New Member Training. As such you agree that it is your ongoing responsibility to review and maintain a clear understanding of any changes, updates or amendments tothe Terms; the Plan; the Model; and the Rules.
You agree and acknowledge that all notices and announcements from OurTAC, including but not limited to: Advancement in Title; Monthly Commission Reports; Conflict Resolution; Product & Certification Updates; Sales Contests, New Vendor and/or Product Announcements; Upcoming Events; Spotlight of Success; etc. will be sent electronically to the personal Email address provided by you at the time of your registration into the Program. You agree that it is your sole responsibility to update any changes to your personal information after registration.
You agree that you are solely responsible for maintaining all product certification and training updates as required and provided by contracted Vendors, Distributors and Manufacturers (“Vendors”) upon receipt of notice from OurTAC to the personal Email address provided by you at the time of your registration into the Program.
You are encouraged, but not required, to attend periodic local training and Member meetings that will take place in your local and/or regional marketplace. You are encouraged, but not required, to attend regular conference calls offered by OurTAC management to promote Product Knowledge, Sales Effectiveness and Team Builder training.
You agree that it is your sole responsibility to forward specific requests for detail and clarity regarding any and all questions you have regarding any member TRAINING, PRODUCT CERTIFICATIONS OR ANY OTHER QUESTIONS to OurTAC at:membersupport@OurTAC.com.
You agree that it is your sole responsibility to follow-up with an authorizedOurTACcorporate representativeto clarify, quantify and/or qualify any and all questions or concerns that may arise regarding your understanding of any language, term and/or portion of any OurTACpolicy, plan, RULES, processES and/or REQUIRED documentation.
- Our Limitations
You agree that we will not be responsible for any damage or harm resulting from your use of the Service or your interactions with other users of the Service. OurTAC complies with all applicable Federal and State Laws as well as the rules and guidelines required by our Vendors to maintain Licensing Agreements to sell their products.
OurTAC pays out 100% of all revenue derived from the sale of products from our licensed vendors. bY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE AND UNDERSTAND THAT OurTAC Members are not required to purchase any products for resale.
OurTAC provides various business tools for “Upline”, “Downline” and “Team” communications. While we do make concerted efforts to screen users, you understand and acknowledge that OurTAC does not pre-approve any of our Members nor do we in any way inquire into the backgrounds of the users of the Service or attempt to verify their statements. We make no representations or warranties as to the conduct of our Members. OURTAC DOES NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS OR MEMBERS.
We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Email and/or chat messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Service or persons you meet through the Service.
OurTAC is not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service. We cannot and do not assume any responsibility for the content of messages sent by other users of the Service. You agree that we are not responsible for the accuracy of information communicated to you by others regarding the Service. You release us from any and all liability in connection with the Service and the contents of any communications you may receive from other users. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms, including without limitation, removing the offending Member from the Service, terminating the violator's access to the Site and contacting and disclosing information to the relevant authorities and pursuant to legal process; however, you agree that we are under no obligation to do so.
- User Disputes
We reserve the right, but have no obligation, to monitor disputes between you and other users. You agree to release us, our Vendors, subsidiaries and any affiliated entities as well as ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, known and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to such disputes. You understand and agree that OurTAC will be the sole authority for all conflict resolution regarding the payment of any and all commissions; the assignment and/or reassignment of a Sponsor; the assignment of credit for any sale of any product, whatsoever; and any other conflict, question or dispute that may arise from the efforts to recruit another Member and/or to sell a product. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
- THE OURTAC SERVICE – REGISTRATION AND TERMINATION
OurTAC Membership is offered on a month-to-month basis and is automatically renewed each month. Individuals who wish to participate in the Program must become “Members". Application for Membership does notmean that an Individual is automatically accepted. Members must meet all registration criteria, including but not necessarily limited to: being of the age of majority; being a US Citizen and/or a permanent resident with a Social Security Number; being free from investigation and/or indictment of any crime whatsoever; being able to provide US Government approved Identification; accepting the Terms of this Agreement in its entirety, including any and all Attachments and/or Appendixes; and any and all other requirements required by OurTAC at the time of registration and/or at any future date. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
The details of the OurTAC Compensation Plan (the “Plan”) are contained within and included as “Appendix A” to this Agreement. By accepting the Terms of this Agreement, Members acknowledge that they have reviewed and accept the Terms and details of the Plan. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
The details of the OurTAC Rules of Conduct (the “Rules”) are contained within and included as “Appendix B” to this Agreement. By accepting the Terms of this Agreement Members acknowledge that they have reviewed and accept the Terms and details of the Rules. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
Members are encouraged, but are not required to purchase products offered through the Service. Any shipping charges, handling charges, taxes, merchant service or other fees associated with the purchase of a product are “pass-through” and billed to the purchaser at the time of purchase.
- Automatic Renewals and Cancellation
Membership includes a software license for the Portal that automatically renews each month. At the time of registration new Members are billed a pro-rated Membership Fee of $3.33 per day from the date of registration through the end of the first, partial month of Membership. A flat 3% Merchant Service Fee will be added to this pro-rated Membership Fee. Thereafter, OurTACwill bill your registered credit card aMonthly Recurring Subscription Fee (the “Fee”) of $100.00 on the 1st calendar day of each month for the unlimited access of a single user for individual access to all features and services available through the Portal.A flat 3% Merchant Service Fee will be added to the Fee each month. All features of the Program are made available to Members at no additional charge. A copy of the Authorization for Automatic Monthly Billing of the Fee to your registered credit card is contained within and included as “Appendix C” to this Agreement. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
By accepting the Terms of this Agreement, you Acknowledge and Agree that the voluntary cancellation of your Membership includes the forfeiture of any Commissions (including any accrued, pending and/or anticipated residual commissions and/or bonuses as well as any accrued, pending and/or anticipated one-time commissions and/or bonuses) not paid up to and including the effective date of cancellation of Membership. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
To allow confirmation of any request for voluntary cancellation of your Membership, notice must be made by you via Email to membersupport@OurTAC.com and submitted before midnight on the date that is no less than seven (7) days prior to the next/following billing date, which is always on the 1st calendar day of each month. Any request for cancellation of Membership that is submitted after midnight on the date that is no less than seven (7) days prior to the next/following billing date will cause that Membership to automatically renew until the following billing date. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
To allow confirmation of any such request to cancel your Membership, notice must be made via Email to membersupport@OurTAC.com and submitted before midnight on the date that is no less than seven (7) days prior to the next/following billing date, which is always on the 1st calendar day of each month. Any request for cancellation of Membership that is submitted after midnight on the date that is no less than seven (7) days prior to the next/following billing date will cause that Membership to automatically renew until the following billing date. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
By accepting the Terms, you acknowledge and agree that We, in our sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. You acknowledge and agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such information and/or files or our Service. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
You may terminate your access to the Service at any time via our Site or by sending us written or email notice of termination. You will not be entitled to any refund of unused credits or subscription fees upon your termination of your access to our Service for any reason whatsoever.IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
- Credit Card Chargeback Policy
We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks. A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased. You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about the profiles, card authentication and communications with or related to our Service or other users or members. Engaging in activities aimed at reversing a legitimate charge is illegal. You understand and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
- Privacy & Use of Information
- Customer Service
Our customer service representatives are made available to answer questions you may have about our Service and to enhance your experience using our Service and its features. You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives. If we determine, in our sole discretion, that your behavior towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Site and your membership to our Service and you will not be entitled to any refund of subscription fees and/or payment of any earned or anticipated compensation of any type whatsoever. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
- Email Communications
You acknowledge and agree that we and other sites we operate (or our agents) may send you email (electronic) communications that include messages about the Service and your membership account with us and services offered by our other sites and third parties. We communicate with you as part of our Service and your membership. You agree and consent that any notice, agreements, and other communications we send to you electronically will satisfy any legal requirements, including, without limitation that such communications be in writing. You may opt out of receiving these notifications from us. You further agree and acknowledge that from time to time we may send messages on your behalf to your registered Downline and Upline Members, in order to facilitate the ongoing growth of your business. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
You understand and agree that our Site and Service are intended solely for the sale and support of products manufactured and/or distributed by OurTAC Vendors. Any other use of the tools, information, and most specifically the recruitment of OurTAC Members for any other venture or purpose, is expressly prohibited. You agree and acknowledge that by accepting the Terms of this Agreement that OurTAC, at its sole discretion and judgment, may terminate without notice the Membership of anyone who violates this non-compete clause. You also acknowledge and agree that by accepting the Terms of this Agreement, that any termination of Membership, for any reason whatsoever, includes the forfeiture of any earned, pending and/or anticipated compensation. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER, USE OR ACCESS THE SITE OR PARTICIPATE IN THE PROGRAM.
- THIRD PARTY CONTENT, LINKS AND PAGES
In your use of our Service, you may access content from our Vendors or third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. We do not endorse or accept any responsibility for any Third Party Content. You acknowledge and agree that by using our Service, you may be exposed to Third Party Content that is false, inaccurate, incomplete or otherwise objectionable. Third Party Content is subject to the privacy and security policies of those third parties, which may differ substantially from our privacy policies. You acknowledge and agree that Third Party Content is the sole responsibility of the authors or sites displaying such Third-Party Content and under no circumstances will we be liable in any way for any Third-Party Content, including, without limitation, any inaccuracies, errors or omissions in any Third-Party Content or any losses, liabilities or damages of any kind arising out of or incurred as a result of the use of any Third-Party Content posted, stored or transmitted via our Service.
- PROPRIETARY RIGHTS
- Content is Protected by Law
You acknowledge and agree that all content and materials available on our Site are protected by either our rights, or the rights of our Vendors or other third parties, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the marks, logos, domains and trademarks that you may find on our Site, unless you have our express written permission. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service in accordance with the Terms. If you download or print a copy of any content for your personal use, you must retain all copyright and other proprietary notices contained on such content.
- Use of Content
You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of our trademarks or logos as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission.
- USERNAME AND PASSWORD
You will be automatically assigned a 6-8 digit Member ID at the time of your initial registration. You will also select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. We may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. Your username and password are not transferable and may not be assigned. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 5.
- REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Service will not infringe or violate the copyright, trademark, right of publicity or any other legal right of any third party; and (c) you will comply with all applicable laws and regulations in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service.
- LIMITS ON LIABILITY
- YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE; (E) ACTIONS OR INACTIONS OF OTHER USERS OF OUR SITE OR OUR SERVICE OR ANY OTHER THIRD PARTIES FOR ANY REASON; OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
- WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS.
- YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES THESE LIMITATIONS OF LIABILITY ARE AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DID NOT AGREE TO THESE LIMITATIONS OF LIABILITY WE WOULD NOT PROVIDE OUR SITE OR THE SERVICE OR THE MATERIALS OR CONTENT INCLUDED TO YOU. YOU ACKNOWLEDGE AND AGREE THAT SUCH PROVISIONS ARE REASONABLE AND FAIR.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, attorneys' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of our Service, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user or member of this Service or any other third party, any business practices in which you engage or are alleged to engage, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify an Indemnified Party, we and the Indemnified Party will have the right, in our sole discretion, to choose our attorneys, experts and other advisers, conduct our own inquiry into the matter, control any investigation, action or proceeding and determine if and how we wish to settle it. You agree that you will advance costs and expenses to any Indemnified Party. You agree to cooperate with the Indemnified Parties in connection with any investigation, claim, action or proceeding covered by this Section 15.
- COPYRIGHT POLICY
The Service contains information, which is proprietary to us, our vendors and our users. We assert full copyright protection in the Service. Information posted by us, our vendors or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
The Service may provide, or third parties may provide, links, including, without limitation, banner ads and hyperlinks, to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
- ARBITRATION AND CLASS ACTION WAIVER
All disputes, controversies, causes of action (in tort, contract, by statute or otherwise) (“Disputes”), including, without limitation, Disputes arising from or relating to this Arbitration Provision (including the interpretation, breach, termination and invalidity thereof) or the relationship that results from this Agreement shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”) (http://www.adr.org/, 1-800-778-7879), or pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. (http://amic.org/ ) [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.
Arbitration replaces the right to go to court, and therefore the parties waive any right that you or OurTAC might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. Notwithstanding the foregoing, OurTAC reserves the right to pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.
The exclusive venue for the arbitration shall be Atlanta, Georgia. The parties will endeavor to minimize the need for long distance travel through use of telephonic communications and submission of documents as permitted under the applicable rules for Expedited Procedures. The official language of the arbitration shall be English.
- Governing Law
This Agreement involves transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of Georgia (excluding its conflicts of law provisions) shall apply to all Disputes and the Agreement. If there is a difference between the Federal Arbitration Act and Georgia law, the Federal Arbitration Act controls.
- Small Claims
Both parties retain the right to file any claim that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicated small claims.
- Class and Consolidated Claims Waiver
It is agreed that neither party shall have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties. The parties also waive any right to assert consolidated claims with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties.
- Limit of Liability
Liability for both parties is limited to $1,000 in damages. Parties waive, and the Arbitrator shall not be empowered to grant indirect, consequential, special, punitive or exemplary damages and/or damages or relief in excess of those permitted by this Agreement unless the statute under which they are suing provides otherwise. An arbitration award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcement.
- Notice of Claims, Timing of Disputes and Nature of Award
All Disputes shall be filed within one (1) year of the date the Disputes arose or occurred. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes. Arbitration shall be commenced by filing a Claim pursuant to the applicable American Arbitration Association. The arbitration shall be completed, barring extraordinary circumstances within ninety (90) days of the filing of the Claim. The parties may grant reasonable continuance upon good cause shown. The Award shall be reasoned and shall be rendered within thirty (30) days of closure of the arbitration proceedings.
Rules and forms may be obtained, and Claims may be filed at American Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019-6708, (212) 716 – 5800, (800) 778 – 7879, www.adr.org.
- Discovery and Hearing Procedures
All parties have the right, at their own expense, to be represented by an attorney or spokesperson of their own choosing. Discovery shall be expeditiously completed within three (3) months of the time the parties are at issue. Each party shall produce relevant non-privileged documents requested by the other party. Discovery procedures available in court actions do not apply. The arbitrator shall grant oral and/or written discovery to preserve evidence or upon a showing of need. All discovery disputes shall be promptly submitted to and promptly resolved by the arbitrator. The Parties may elect to use any of the Expedited Procedures of the Commercial Dispute Resolution Procedures or Supplementary Procedures for Consumer-Related Disputes of the AAA.
- Emergency and Provisional Remedies
Any party may seek a preliminary injunction or other provisional, injunctive, emergency or equitable relief (but not monetary relief) in a court of competent jurisdiction if, in its sole judgment, such relief is necessary to preserve the status quo or to prevent irreparable harm. The parties shall, despite seeking relief under this section, participate in good faith in the arbitration.
The arbitrator will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitration will not be confidential unless you request that it remain confidential.
- Payment of Arbitration Fees and Costs
You are responsible for all costs that you incur in the arbitration, including, without limitation, costs association with attorneys or experts witnesses. The handling of fee arrangements and the payment of fees should be conducted by the Independent ADR Institution. If the arbitration is decided in your favor, you will not be required to reimburse OurTAC for any of the fees and costs. If the arbitration is decided in OurTAC’s favor, you shall reimburse OurTAC arbitration fees and costs, but only to the extent awardable in a judicial proceeding and permitted under the AAA Supplementary Procedures for Consumer-Related Disputes.
- Survival and Severability
This Arbitration Agreement shall survive the termination of your service with OurTAC. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
You do not have the right to assign these Terms or this Agreement or any of your rights to our Service to anyone. We have the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. Provided such rights and obligations are assumed by such third party, We shall be relieved of any and all liability under this Agreement and in such event, you hereby agree to release Us of all liability, claims, charges, damages and causes of action.
- EXPORT CONTROLS
Software and content provided through our Site and our Service is subject to United States export controls. The United States Department of Commerce prohibits export or diversion of software and certain content to specified countries and persons. No software or content from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software or content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not license or otherwise permit anyone in any such country or on any such list to receive software or content that is subject to export control.
Unless provided otherwise in these Terms, all notices shall to us be delivered OurTAC by email at membersupport@OurTAC.com, Attention: Legal Department, and all notices to you shall be sent by email to you at the email address you provided to us at the time you registered or through a later notice of a change of address. Email notices shall be deemed received 24 hours after the email is sent, unless the sender is notified the email address is invalid or has been returned for some other reason.
© OurTAC, Inc., All rights reserved, April 2017.