7/26/2015 Terms and Conditions – Technology Assurance Cooperative
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
DISCLAIMER OF WARRANTIES. ALL INFORMATION, CONTENT, PRODUCTS, SERVICES, LINKS, GRAPHICS, PROGRAMS AND OTHER MATERIAL CONTAINED ON (OR LINKED TO) THE SITE ARE PROVIDED TO YOU “AS IS” WITH ALL FAULTS. TAC DISCLAIMS ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NONINFRINGEMENT OF THIRD PARTIES OR ACCURACY. IN NO EVENT SHALL TAC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR A LINKED SITE OR ANY PART OF SUCH SITES. IT IS THE USERS RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ADVICE, SERVICE OR OTHER CONTENT AVAILABLE FROM THIS SITE OR OBTAINED FROM A LINKED SITE. USE OF LINKED SITES IS AT YOUR RISK.
Intellectual Property & Content. The trademarks, tradenames, logos, service marks and other intellectual property (collectively, the “Marks”) displayed on the Site are the property of TAC or other third parties. Users are prohibited from using the Marks for any purpose without the express written consent of the owner of the Marks. All information and content available on the Site is owned by TAC. Users are prohibited from copying, distributing, transmitting, modifying, displaying, publishing, selling or licensing the information and content available on the Site without the express written consent of TAC.
Communications Sent to TAC. Any communications or material sent to TAC through the Site shall become property of TAC and may be used by TAC for any purpose. TAC shall not have any duty to treat such information confidentially, except as may be required by law or otherwise set forth in the Sites Privacy Statement. Users should not send information through electronic mail that the user wishes to remain confidential.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TAC. The collective work includes works that are licensed to TAC. Copyright 2012, TAC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with TAC or purchasing TAC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with TAC or to purchase TAC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by TAC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of TAC used in the site are trademarks or registered trademarks of TAC
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TAC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TAC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TAC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
TAC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if TAC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a TAC product is mistakenly listed at an incorrect price, TAC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TAC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TAC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by TAC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
TAC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TAC.
Your use of this site shall be governed in all respects by the laws of the State of New Jersey, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of TAC products) shall be in the state or federal courts located in Morris County, New Jersey. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TAC products) must be commenced within one (1) year after the claim or cause of action arises. TAC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TAC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TAC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on
the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
TAC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TAC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, TAC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to TAC in its sole discretion.
You agree to indemnify, defend, and hold harmless TAC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, TAC may link to sites operated by third parties. However, even if the third party is affiliated with TAC, TAC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TAC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TAC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Late Charge Computation
A late payment FINANCE CHARGE of 1.5% per month (ANNUAL PERCENTAGE RATE of 18%) will be made on all amounts in the NEW BALANCE of your statement which remain unpaid for 30 days after the closing date of the monthly statement.
Any and all payments made including those payments made via Credit Card, Debit Card or PayPal Payments shall be considered to be Non-Refundable Deposits.
The preferred method of payment for any and all services is by bank draft, check, ACH or Fed Wire. Payments shall be mailed to PO Box 695 Boonton, NJ 07005-0695. On occasion, clients may be allowed to make payments via PayPal or use Credit Card / Debit Cards for convenience. Any and all payments made via credit card, debit card or via PayPal shall be considered to be Non-Refundable Deposits. Receipt for Non-Refundable Deposit is legally permissible where any buyer pays certain amount of money to the seller as a deposit against the purchase of any specified product or property and if the buyer is unable to pay the balance or pay the ongoing charges for services rendered, then the deposit are not refundable and shall be forfeited. It shall be noted and agreed that once you (the client) agree to the Non-Refundable Deposit policy, you are bound by it, even if you change your mind afterward, regarding the use of the products or services.
If accounts are not paid as agreed, we may demand immediate payment of the full balance, and any previously applied promotional discounts or goodwill credit to any and all invoices (open, paid or partially paid) shall become null, void and invalid. If any open balance is referred to a collection agency or attorney for collection, you agree to pay a fee of 33% of the total balance due plus any and all court costs, legal fees and costs of collections.