TERMS & CONDITIONS
Last Updated: October 1, 2020
Company provides analytical software allowing businesses to (i) compile statistics (not statistical) and other information related to the performance and tracking of subscriptions, and (ii) use data from this to create statistical analyses and for research and development purposes (“Service[s]”). In order to provide such service, Customers must provide information such as payment information, customer information, or other sensitive information. This information is protected under this agreement.
We grant you a permission to use the Company Services subject to the restrictions set forth in these Terms. Your use of the Company Services is at your own risk. The Company Services may be modified, updated, interrupted or suspended at any time without notice or liability. To access some of our services you may be required to make a monetary purchase. Your paid purchase will only give you access to the particular Company product for which you have registered.
1. All prices do not include all relevant local taxes.
2. We reserve the right to change the cost of any of our Service. If you are not happy with the cost of any Service, you may cancel your purchase in accordance with these Terms & Conditions.
3. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid purchase.
Accounts and Registration
To access features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are responsible for identifying and authenticating all Users, for approving access by such Users to the Services, for controlling against unauthorized access by Users, and for maintaining the confidentiality of usernames, passwords and account information. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.
All fees payable to Tangent are due once placed. Your order is non-cancelable and the sums paid nonrefundable, except as provided in this Agreement or Your order. You will pay any sales or other similar taxes imposed by applicable law that Tangent must pay based on the Services You ordered.
Users have the ability to purchase a paid subscription from Company. Your service will automatically be renewed and your chosen payment method will be charged at the end of each service period unless you decide to cancel your subscription for the Company Services.
Use of Service Restrictions
Company aims to provide the best service possible to all of our Subscribers. We require that you do not misuse our Content or Services. In order to protect the Services from being misused or used to harm someone, Company reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that Company may terminate your account, without providing a refund for Services already paid, if you misuse the Service.
In using the Service, you further agree to the following:
• Not to participate in Conduct that may violate any applicable Federal, State, Local, or International law or regulation;
• Not to participate in Conduct that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Not to participate in Conduct that either reverse engineers, causes viruses, corrupted data or other harmful, disruptive or destructive files or which otherwise causes harm; or
• Conduct that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Service, or that may expose Company or others to any harm or liability of any type.
• You must not use the Services to upload, post or otherwise transmit any materials that would negatively impact the functioning of the Website or the Services, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs.
• You may not use any process or program to monitor, copy, summarize or otherwise extract information from the Website.
Limited License for Service
Company grants you a limited, non-exclusive license to access and use the Service for your own personal purposes. Except as expressly permitted by Company in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Service. Nor will you take any measures to interfere with or damage the Service. All rights not expressly granted by Company are reserved.
Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Service and to view, copy, and print the portions of the Content available to Users.
• Users may only view, copy, and print such portions of the Content for their own personal use;
• Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
• Users may not use the Services other than for their intended purposes.
Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Website that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent. Additionally, the Company Service and website including all content thereon, is the exclusive property of Company, and is protected by patent, copyright, and trademark laws worldwide. We give no permission for the use any of our logos and/or Service and such use may constitute an infringement of our rights.
Each party acknowledges that in the course of its obligations pursuant to this Agreement, it may obtain certain confidential information, each party hereby agrees that all such confidential information received by it, its parents, affiliates, subsidiaries, or Customers, whether before or after the date of this Agreement, shall be kept in strict confidence and shall be used only for the purposes of this Agreement, and shall not be disclosed without the prior written consent of the other party. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement.
Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Suspension & Termination
Tangent may temporarily suspend Your password, account, and access to or use of the Services if You or Your Users violate any provision within this Agreement, or if in Tangent’s reasonable judgment, the Services or any component thereof are about to suffer a significant threat to security or functionality.
Any party may terminate this Agreement at any time with or without cause by providing at least 2 days' prior written notice to the other party. We do not offer refunds. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, at any time and for any or no reason.
Provisions that survive termination or expiration of this Agreement are those relating to limitation of liability, indemnification, payment and others which by their nature are intended to survive.
Effect of expiration or termination
Upon any expiration or termination of this Agreement. All licenses granted under this Agreement shall also terminate, and Licensee shall immediately delete from its systems and servers all Licensed Content.
Repairs and Maintenance
Company in its discretion may update the service. You are required to accept all updates and service packs (collectively, “Patches”) necessary for the proper function and security of the Services, including for the Tangent Programs, as such Patches are generally released by Tangent as described in the Service Specifications.
Security of Your Information and Data Storage
You can access your Information via Company Service with your password and username. We advise against sharing your password with anyone. We encrypt certain sensitive information using Transport Layer Security (TLS) to ensure that your Information is safe as it is transmitted to us. However, no data transmission can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies that do the same, we cannot guarantee the security of any information transmitted to or from or via Company Service, and we are not responsible for the actions of any third parties that may receive any such information.
Third Party Content
Any Third Party Content made accessible by Company in or through the Services Environment is provided on an “as-is” and “as available” basis without any warranty of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and You acknowledge that Company is not responsible for and under no obligation to control, monitor or correct Third Party Content; however, Company reserves the right to take remedial action if any such content violates applicable restrictions under this Agreement, including the removal of, or disablement of access to, such content.
THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE. PLEASE REVIEW THESE RIGHTS CAREFULLY.
Assumption of Risk
You are solely responsible for ensuring that your use of the Website complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You remain solely responsible for Your regulatory compliance in connection with Your use of the Services.
You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Website and Services.
1) Contact us - You agree to contact us with your complaint prior to filing for any arbitration.
2) File complaint - You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute).
3) Arbitration - You and Company agree that (a) any arbitration will occur in the State of California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Software (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
California Civil Code Section 1789.3 Compliance
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to [email protected]
California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Software of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website.
Third Party Integration
In providing the Service, Various third party tools may be used to process payments. Company is not responsible for and cannot be held liable for the performance of any third party services, the security of their service, or their collection or use of any of your information.
Disclaimer of Warranties
You understand and agree that your use of the Websites and/or the Service is at your sole risk. The Website and the Service are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).
To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from Program of dealing or usage of trade. The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Websites and/or the Service.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law. We make no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, Course of dealing, Course of performance, usage of trade or otherwise.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the services (including, but not limited to, user content, third party content and links to third party sites), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to the company services, and not limited to the following:
a) Any use or misuse of the Service by you or any third party you authorize to access or use such Service;
b) Any Misrepresentations of our Service;
c) Any Legal actions against Third Parties and Users;
d) Your violation of these terms, and your violation of the rights of another.
You agree to promptly notify Company of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).
You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.
Successors and Assignees
This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assignees. Neither party may assign this Agreement without the prior written consent of the other.
The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
You and Company agree to arbitrate Disputes through binding arbitration. You and Company agree to waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms, or Service (including, without limitation, Third Party Purchases), resolved in a court, and to waive your and Company’s respective rights to a jury trial.
No Class Actions
You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
Governing Law and Venue – California
Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California.
Company reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Website or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Service.
By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. The Service is not intended to be accessed or utilized by children less than 18 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of some other entity, you represent and warrant that you are authorized to do so.
TANGENT COMPUTER INC.
191 Airport Boulevard
Burlingame, CA 94010
EMAIL: [email protected]