Terms of Service
What our Lawyers make us say
Tecative - UNIVERSAL TERMS
OF SERVICE AGREEMENT
Last Revised: 2023-05-18
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT
CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”)
is entered into by and between Tecative Corporation, Stripe.com (for any
payment services) and you, and is made effective as of the date of your use of
this website ("Site") or the date of electronic acceptance. This
Agreement sets forth the general terms and conditions of your use of the Site
and the products and services purchased or accessed through this Site
(individually and collectively, the “Services”). Services Agreements and
additional policies apply to certain Services and are in addition to (not in
lieu of) this Agreement. In the event of a conflict between the provisions of a
Services Agreement and the provisions of this Agreement, the provisions of the
applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to Tecative. The
terms “you”, “your”, “User” or “customer” shall refer to any individual or
entity who accepts this Agreement, has access to your account or uses the
Services. Nothing in this Agreement shall be deemed to confer any third-party
rights or benefits.
2. MODIFICATION OF AGREEMENT, SITE OR SERVICES
Tecative may, in its sole and absolute discretion, change
or modify this Agreement, and any policies or agreements which are incorporated
herein, at any time, and such changes or modifications shall be effective
immediately upon posting to this Site. Your use of this Site or the Services
after such changes or modifications have been made shall constitute your
acceptance of this Agreement as last revised. If you do not agree to be bound by
this Agreement as last revised, do not use (or continue to use) this Site or
the Services. In addition, Tecative may occasionally notify you of changes or
modifications to this Agreement by email. It is therefore very important that
you keep your shopper account (“Account”) information current. Tecative
assumes no liability or responsibility for your failure to receive an email
notification if such failure results from an inaccurate email address. In
addition, Tecative may terminate Your use of Services for any violation or
breach of any of the terms of this Agreement by You. TECATIVE RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE
ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES
AND FEES FOR THE SAME, AT ANY TIME.
3. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to
individuals or entities (“Users”) who can form legally binding contracts under
applicable law. By using this Site or the Services, you represent and warrant
that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized
as being able to form legally binding contracts under applicable law, or (iii)
are not a person barred from purchasing or receiving the Services found under
the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a
corporate entity, you represent and warrant that you have the legal authority
to bind such corporate entity to the terms and conditions contained in this
Agreement, in which case the terms "you", "your",
"User" or "customer" shall refer to such corporate entity.
If, after your electronic acceptance of this Agreement, Tecative finds that you
do not have the legal authority to bind such corporate entity, you will be
personally responsible for the obligations contained in this Agreement,
including, but not limited to, the payment obligations. Tecative shall not be
liable for any loss or damage resulting from Tecative’s reliance on any
instruction, notice, document or communication reasonably believed by Tecative
to be genuine and originating from an authorized representative of your
corporate entity. If there is reasonable doubt about the authenticity of any
such instruction, notice, document or communication, Tecative reserves the
right (but undertakes no duty) to require additional authentication from you.
You further agree to be bound by the terms of this Agreement for transactions
entered into by you, anyone acting as your agent and anyone who uses your
account or the Services, whether or not authorized by you.
4. YOUR ACCOUNT
In order to access some of the features of this Site or use some of the
Services, you will have to create an Account. You represent and warrant to Tecative
that all information you submit when you create your Account is accurate,
current and complete, and that you will keep your Account information accurate,
current and complete. If Tecative has reason to believe that your Account
information is untrue, inaccurate, out-of-date or incomplete, Tecative reserves
the right, in its sole and absolute discretion, to suspend or terminate your
Account. You are solely responsible for the activity that occurs on your
Account, whether authorized by you or not, and you must keep your Account
information secure, including without limitation your customer number/login,
password, Payment Method(s) (as defined below), and shopper PIN. For security
purposes, Tecative recommends that you change your password and shopper PIN at
least once every six (6) months for each Account. You must notify Tecative immediately
of any breach of security or unauthorized use of your Account. Tecative will
not be liable for any loss you incur due to any unauthorized use of your
Account. You, however, may be liable for any loss Tecative or others incur
caused by your Account, whether caused by you, or by an authorized person, or
by an unauthorized person.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services, including any content you
submit, will comply with this Agreement, any applicable Services Agreement
or policy that may apply to your Services and all applicable local, state,
national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or
harvest) any User Content (as defined below) or any non-public or
personally identifiable information about another User or any other person
or entity without their express prior written consent.
- You will not use this Site or the Services in a manner (as
determined by Tecative in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal
activity;
- Promotes, encourages or engages in the exploitation
of children, or any activity related to the proliferation of child sexual
abuse material (CSAM);
- Promotes, encourages or engages in terrorism,
violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other
unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer
Protection Act of 2008 or similar legislation, or promotes, encourages or
engages in the sale or distribution of prescription medication without a
valid prescription;
- Violates the Fight Online Sex Trafficking Act of 2017
or similar legislation, or promotes or facilitates prostitution and/or
sex trafficking;
- Infringes on the intellectual property rights of
another User or any other person or entity;
- Violates the privacy or publicity rights of another
User or any other person or entity, or breaches any duty of
confidentiality that you owe to another User or any other person or
entity;
- Interferes with the operation of this Site or the
Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan
horses or other code, files or programs designed to, or capable of,
disrupting, damaging or limiting the functionality of any software or
hardware; or
- Contains false or deceptive language, or
unsubstantiated or comparative claims, regarding Tecative or Tecative’s
Services.
- You will not perform any false, abusive or fraudulent
activity. You will not perform any action that imposes, or may impose, in
our discretion, an unreasonable or disproportionately large load on our
infrastructure;
- You will not copy or distribute in any medium any part of this Site
or the Services , except where expressly authorized by Tecative.
- You will not modify or alter any part of this Site or the Services
found at this Site or any of its related technologies.
- You will not access Tecative Content (as defined below) or User
Content through any technology or means other than through this Site
itself, or as Tecative may designate.
- You agree to back-up all of your User Content so that you can access
and use it when needed. Tecative does not warrant that it backs-up any
Account or User Content, and you agree to accept as a risk the loss of any
and all of your User Content.
- You will not re-sell or provide the Services for a commercial
purpose, including any of Tecative's related technologies, without Tecative's
express prior written consent.
- You will not circumvent, disable or otherwise interfere with the
security-related features of this Site or the Services found at this Site
(including without limitation those features that prevent or restrict use
or copying of any Tecative Content or User Content) or enforce limitations
on the use of this Site or the Services found at this Site, the Tecative
Content or the User Content therein.
- You agree to provide government-issued photo identification and/or
government-issued business identification as required for verification of
identity when requested.
- You are aware that Tecative may from time-to-time call you about
your account, and that, for the purposes of any and all such call(s), you
may be subject to call recording and hereby consent to the same, subject
to any applicable laws and our restrictions and obligations thereunder,
including, where permissible, to record the entirety of such calls
regardless of whether Tecative asks you on any particular call for consent
to record such call. You further acknowledge and agree that, to the extent
permitted by applicable law, any such recording(s) may be submitted as
evidence in any legal proceeding in which Tecative is a party. Further, by
providing your telephone or mobile number, you consent to receive
marketing telephone calls from or on behalf of Tecative that may be
initiated by an automatic telephone dialing system and/or use an
artificial or prerecorded voice. You understand that providing consent is
not a condition of purchasing any good or service from Tecative.
Similarly, by providing your mobile number, you consent to receive
marketing text messages from or on behalf of Tecative that may be sent by
an automatic telephone dialing system. You understand that providing
consent is not a condition of purchasing any good or service from Tecative.
Message and data rates may apply.
- Without limiting any of the rights set forth elsewhere in this
Agreement, Tecative expressly reserves the right to deny, cancel,
terminate, suspend, or limit future access to this Site or any Services
(including but not limited to the right to cancel or transfer any domain name
registration) to any User (i) whose Account or Services were previously
terminated or suspended, whether due to breach of this or any other
Agreement or any Tecative policy, or (ii) who otherwise engages or has
engaged in inappropriate or unlawful activity while utilizing the Site or
Services (as determined by Tecative in its sole and absolute discretion).
- If your purchase or account activity shows signs of fraud, abuse or
suspicious activity, Tecative may cancel any service associated with your
name, email address or account and close any associated Tecative accounts.
If Tecative, in its sole discretion, determines that any conducted
activity is fraudulent, Tecative reserves the right to take any necessary
legal action and you may be liable for monetary losses to Tecative
including litigation costs and damages. To contest cancellation of
Services or freezing or closure of an account, please contact Tecative
Care.
6. PROTECTION OF YOUR DATA
Tecative offers certain hosted Services available to you
that may involve the processing of personal data about you, your customers
and/or web users(“Your Data”) in the course of your use of these Services
(“Covered Services”). Your Data, for the purpose of this Section, excludes any
User Content. Tecative’s Controller to Processor Data Processing Addendum (“DPA”),
which is hereby incorporated by reference and applicable to Covered Services,
is meant to provide you contractual assurance that we have robust mechanisms to
ensure the processing of Your Data, including transfers of Your Data from the
European Economic Area to a third country, meets with compliance under
applicable data privacy laws.
For the purposes of the Controller to Processor DPA and the Standard
Contractual Clauses attached to the DPA (when and as applicable), you (and your
applicable affiliates) are considered the Data Controller/Data Exporter, and
your acceptance of the Terms of Service governing Covered Services at the time
of purchase of any Covered Services will also be treated as your acknowledgement
and acceptance of the Controller to Processor DPA and its appendices (including
the Standard Contractual Clauses and its appendices, as applicable).
7. USER CONTENT
Some of the features of this Site or the Services,
including those Services that are hosted with Tecative, may allow Users to
view, post, publish, share, store, or manage (a) ideas, opinions,
recommendations, or advice via forum posts, content submitted in connection
with a contest, product reviews or recommendations, or photos to be
incorporated into a social media event or activity (“User Submissions”),
or (b) literary, artistic, musical, or other content, including but not limited
to photos and videos (together with User Submissions, “User Content”).
All content submitted through your Account is considered User Content. By
posting or publishing User Content to this Site or to or via the Services, you
represent and warrant to Tecative that (i) you have all necessary rights to
distribute User Content via this Site or via the Services, either because you
are the author of the User Content and have the right to distribute the same,
or because you have the appropriate distribution rights, licenses, consents,
and/or permissions to use, in writing, from the copyright or other owner of the
User Content, and (ii) the User Content does not violate the rights of any
third party. You shall be solely responsible for any and all of your User
Content or User Content that is submitted through your Account, and the
consequences of, and requirements for, distributing it.
User Submissions. You acknowledge and
agree that your User Submissions are entirely voluntary, do not establish a
confidential relationship or obligate Tecative to treat your User Submissions
as confidential or secret, that Tecative has no obligation, either express or
implied, to develop or use your User Submissions, and no compensation is due to
you or to anyone else for any intentional or unintentional use of your User
Submissions, and that Tecative may be working on the same or similar content,
it may already know of such content from other sources, it may simply wish to
develop this (or similar) content on its own, or it may have taken / will take
some other action.
Tecative shall own exclusive rights (including all intellectual property and
other proprietary rights) to any User Submissions posted to this Site, and
shall be entitled to the unrestricted use and dissemination of any User
Submissions posted to this Site for any purpose, commercial or otherwise,
without acknowledgment or compensation to you or to anyone else.
User Content Other Than User Submissions. By
posting or publishing User Content to this Site or through the Services, you
authorize Tecative to use the intellectual property and other proprietary
rights in and to your User Content to enable inclusion and use of the User
Content in the manner contemplated by this Site and this Agreement. You hereby
grant Tecative a worldwide, non-exclusive, royalty-free, sublicensable (through
multiple tiers), and transferable license to use, reproduce, distribute,
prepare derivative works of, combine with other works, display, and perform
your User Content in connection with this Site, the Services and Tecative's
(and Tecative’s affiliates’) business(es), including without limitation for
promoting and redistributing all or part of this Site in any media formats and
through any media channels without restrictions of any kind and without payment
or other consideration of any kind, or permission or notification, to you or
any third party. You also hereby grant each User of this Site a non-exclusive
license to access your User Content (with the exception of User Content that
you designate “private” or “password protected”) through this Site, and to use,
reproduce, distribute, prepare derivative works of, combine with other works,
display, and perform your User Content as permitted through the functionality
of this Site and under this Agreement. The above licenses granted by you in
your User Content terminate within a commercially reasonable time after you
remove or delete your User Content from this Site. You understand and agree,
however, that Tecative may retain (but not distribute, display, or perform)
server copies of your User Content that have been removed or deleted. The above
licenses granted by you in your User Content are perpetual and irrevocable.
Notwithstanding anything to the contrary contained herein, Tecative shall not
use any User Content that has been designated “private” or “password protected”
by you for the purpose of promoting this Site or Tecative’s (or Tecative’s
affiliates’) business(es). If you have a website or other content hosted by Tecative,
you shall retain all of your ownership or licensed rights in User Content.
8. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies
and procedures, we shall use commercially reasonable efforts to attempt to
provide this Site and the Services on a twenty-four (24) hours a day, seven (7)
days a week basis. You acknowledge and agree that from time to time this Site
may be inaccessible or inoperable for any reason including, but not limited to,
equipment malfunctions; periodic maintenance, repairs or replacements that we
undertake from time to time; or causes beyond our reasonable control or that
are not reasonably foreseeable including, but not limited to, interruption or
failure of telecommunication or digital transmission links, hostile network
attacks, network congestion or other failures. You acknowledge and agree that
we have no control over the availability of this Site or the Service on a
continuous or uninterrupted basis, and that we assume no liability to you or
any other party with regard thereto.
9. PRODUCT CREDITS
In the event you are provided with a product credit
(“Credit”), whether for redemption of the purchase of a specific product or for
free with the purchase of another product (“Purchased Product”), you acknowledge
and agree that such Credit is only valid for one (1) year and is only available
with a valid purchase and may be terminated in the event the product purchased
is deleted, cancelled, transferred or not renewed. The Credit will expire one
(1) year from date of purchase of the Purchased Product if the Credit has not
been redeemed. In the event that the Credit is redeemed, after the initial
subscription period, the product will automatically renew at the then-current
renewal price until cancelled. If you wish to cancel the automatic renewal of
the product, you may do so by visiting your Account or by contacting customer
service. In the event your Purchased Product includes a free domain name, if
you cancel the Purchased Product, the list price for the domain name will be
deducted from the refund amount. The list price is the price of the domain name
listed on Tecative's website and is not subject to any promotion, discount, or
other reduction in price. For Credits issued for free with another Purchased
Product, you acknowledge and agree that we may swap your Credit for a similar
product, in our sole discretion.
10. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Tecative generally does not pre-screen User Content (whether posted to a
website hosted by Tecative or posted to this Site). However, Tecative reserves
the right (but undertakes no duty) to do so and decide whether any item of User
Content is appropriate and/or complies with this Agreement. Tecative may remove
any item of User Content (whether posted to a website hosted by Tecative or
posted to this Site) and/or terminate a User’s access to this Site or the
Services found at this Site for posting or publishing any material in violation
of this Agreement, or for otherwise violating this Agreement (as determined by Tecative
in its sole and absolute discretion), at any time and without prior notice. Tecative
may also terminate a User’s access to this Site or the Services found at this
Site if Tecative has reason to believe the User is a repeat offender. If Tecative
terminates your access to this Site or the Services found at this Site, Tecative
may, in its sole and absolute discretion, remove and destroy any data and files
stored by you on its servers.
11. DISCONTINUED SERVICES; END OF LIFE POLICY
Tecative reserves the right to cease offering or providing
any of the (i) Services or (ii) individual features, functionalities, or
aspects of the Services at any time, for any or no reason, and without prior
notice. Although Tecative makes great effort to maximize the lifespan of all
its Services and features, functionalities, or aspects of the Services, there
are times when a Service or specific feature, functionality, or aspect of a
Service that we offer will be discontinued or reach its End-of-Life
("EOL"). If that is the case, those Services, or the specific
feature, functionality, or aspect of that Service, will no longer be supported
by Tecative, in any way, effective on the EOL date.
Notice and Migration. In the event that
any Service we offer has reached or will reach EOL, we will attempt to notify
you thirty or more days in advance of the EOL date. It is your responsibility
to take all necessary steps to replace the Service by migrating to a new
Service before the EOL date, or by entirely ceasing reliance on said Service
before the EOL date. In either case, Tecative will either offer a comparable
Service for you to migrate to for the remainder of the term of your purchase, a
prorated in-store credit, or a prorated refund, to be determined by Tecative in
its sole and absolute discretion. Tecative may, with or without notice to you,
migrate you to the most up-to-date version of the Service, if available. You
agree to take full responsibility for any and all loss or damage arising from
any such migration. In the event that a feature, functionality, or aspect of
any Service we offer has reached or will reach EOL, then we will attempt to
notify you thirty or more days in advance of the EOL date. However, if the Service
maintains a least reasonably equivalent functionality without such feature,
functionality, or aspect, as determined by Tecative in its sole and absolute
discretion, Tecative will not be required to offer a comparable feature or
functionality for the Service or a refund.
No Liability. Tecative will not be
liable to you or any third party for any modification, suspension, or
discontinuance of any of the (i) Services or (ii) individual features,
functionalities, or aspects of the Services we may offer, provide or facilitate
access to.
12. FEES AND PAYMENTS
You agree that your Payment Method may be charged by one of
our affiliated entities. If, during your purchase, your payment was identified
as being processed in the United States, your transaction will be processed by Tecative.com,
LLC; if your payment was identified as being processed in Canada, your transaction
will be processed by Tecative Domains Canada, Inc.; if your payment was
identified as being processed in the United Kingdom, your transaction will be
processed by Tecative Europe, Ltd.; if your payment was identified as being
processed in India, your transaction will be processed by Tecative India
Domains and Hosting Services India Pvt Ltd; if your payment was identified as
being processed in Australia, your transaction will be process by Tecative
Online Services PTY Limited. If, during your purchase, your payment was
identified as being processed in a country that is not listed above, your
transaction may be processed by an entity within the disclosed country that is
affiliated with our local payment service provider, and subject to the
provisions of our Privacy Policy.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
Payment Due at Time of Order; Non-Refundable. You
agree to pay all amounts due for Services at the time you order them. All
amounts are non-refundable.
Price Changes. Tecative reserves
the right to change its prices and fees at any time, and such changes shall
either be posted online at this Site and effective immediately without need for
further notice to you or notice shall be provided to you by email. If you have
purchased or obtained Services for a period of months or years, changes in
prices and fees shall be effective when the Services in question come up for
renewal as further described below.
Payment Types. Except as prohibited
in any product-specific agreement, you may pay for Services by using any of the
following “Payment Methods”: (i) valid credit card; (ii) “Good As Gold Prepaid
Services” (defined below); (iii) electronic payment from your personal or
business checking account, as appropriate (and as defined below); (iv) PayPal;
(v) International Payment Option (as defined below); (vi) via in-store credit
balances, if applicable (and as defined below); or (vii) any other method you
use to pay for Services as determined by Tecative in its sole and absolute
discretion, each a “Payment Method”. The “Express Checkout” feature
automatically places an order for the applicable Service and charges the
default Express Checkout Payment Method for your Account. Confirmation of that
order will be sent to the email address on file for your Account. Your Payment
Method on file must be kept valid if you have any active Services in your
Account. In addition, you agree that the location for the processing of your
payments may change for any reason, including the type of Payment Method
chosen, the currency selected, or changes or updates made to your Payment
Method.
Refunds Issued. You agree that where
refunds are issued to your Payment Method, Tecative's issuance of a refund
receipt is only confirmation that Tecative has submitted your refund to the
Payment Method charged at the time of the original sale, and that Tecative has
no control over when the refund will be applied towards your Payment Method’s
available balance. You further acknowledge and agree that the payment provider
and/or individual issuing bank associated with your Payment Method establish
and regulate the time frames for posting your refund, and that such refund
posting time frames may range from five (5) business days to a full billing
cycle, or longer.
In the event a refund is issued to your Payment Method and
the payment provider, payment processor or individual issuing bank associated
with your Payment Method imposes any limitations on refunds, including but not
limited to, limitations as to the timing of the refund or the number of refunds
allowed, then Tecative, in its sole and absolute discretion, reserves the right
to issue the refund either (i) in the form of an in-store credit; (ii) via
issuance of a Tecative check, which will be sent to the mailing address on file
for your Account; or (iii) in some jurisdictions, as a bank transfer, when the
payment processor cannot refund back to the Payment Method. Tecative also has
the right to offer an in-store credit for customers seeking refunds, even if
there are no limitations on refunds imposed by the Payment Method.
Monthly Billing Date. If you are being
billed on a monthly basis, your monthly billing date will be based on the date
of the month you purchased the Services.
Auto-Renewal Terms. Other than as
required by applicable law, Tecative does not retain hard copies or electronic
versions of mandate, standing order or standing instruction forms and/or any signed
consents relating to your usage of our automatic renewal services, and we are
therefore unable to provide any such document upon request. You may view or
change your automatic renewal settings at any time by logging into your Tecative
account.
IN ORDER TO ENSURE THAT YOU DO NOT
EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON
AUTOMATIC RENEWAL UNLESS OTHERWISE SPECIFIED ON THIS SITE. EXCEPT FOR REASONS
DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE
APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL
PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES
WHICH MAY RENEW FOR THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST
SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE
YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, TECATIVE
MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL
SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED.
UNLESS YOU DISABLE THE AUTOMATIC
RENEWAL OPTION, TECATIVE WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN
IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD
ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT OR YOUR DESIGNATED BACKUP
PAYMENT METHOD(S) ON FILE WITH TECATIVE. IN AUTOMATICALLY RENEWING YOUR
SERVICES, TECATIVE WILL FIRST ATTEMPT TO CHARGE THE PAYMENT METHOD ASSOCIATED
WITH THE SERVICE(S) IN YOUR ACCOUNT. IN THE EVENT TECATIVE CANNOT SUCCESSFULLY
CHARGE THIS PAYMENT METHOD, WE WILL ATTEMPT TO CHARGE THE PAYMENT METHOD(S)
DESIGNATED AS "BACKUP" IN YOUR ACCOUNT. RENEWALS WILL BE CHARGED AT TECATIVE’S
THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN
THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS
APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER. IF
YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL
RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE
THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE.
IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY
RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR
LOSS OF SERVICES, AND TECATIVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY
REGARDING THE SAME.
IN ADDITION, TECATIVE MAY PARTICIPATE
IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR
CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION).
IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR
CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT
CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW
CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH
RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN
UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, TECATIVE WILL
AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. TECATIVE MAKES NO
GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU
ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND
MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING
PRODUCTS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND
VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY
RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND TECATIVE SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason Tecative is unable to charge your Payment
Method for the full amount owed, or if Tecative receives notification of a
chargeback, reversal, payment dispute, or is charged a penalty for any fee it
previously charged to your Payment Method, you agree that Tecative may pursue
all available lawful remedies in order to obtain payment, including but not
limited to, immediate cancellation, without notice to you, of any domain names
or Services registered or renewed on your behalf. Tecative also reserves the
right to charge you reasonable “administrative” fees" for (i) tasks Tecative
may perform outside the normal scope of its Services, (ii) additional time
and/or costs Tecative may incur in providing its Services, and/or (iii) your
noncompliance with this Agreement (as determined by Tecative in its sole and
absolute discretion). Typical administrative or processing fee scenarios
include, but are not limited to (i) customer service issues that require
additional personal time or attention; (ii) UDRP actions(s) in connection with
your domain name(s) and/or disputes that require accounting or legal services,
whether performed by Tecative staff or by outside firms retained by Tecative;
(iii) recouping any and all costs and fees, including the cost of Services,
incurred by Tecative as the results of chargebacks or other payment disputes
brought by you, your bank or Payment Method processor. These administrative
fees or processing fees will be billed to the Payment Method you have on file
with Tecative.
Tecative may offer product-level pricing in various
currencies. The transaction will be processed in the selected currency and the
pricing displayed during the checkout process will be the actual amount
submitted for payment. For certain Payment Methods, the issuer of your Payment
Method may charge you a foreign transaction fee or other charge, which may be
added to the final amount that appears on your bank statement or post as a
separate amount. Please check with the issuer of your Payment Method for
details. In addition, regardless of the selected currency, you acknowledge and
agree that you may be charged Value Added Tax ("VAT"), Goods
and Services Tax ("GST"), or other localized fees and/or
taxes, based on your bank and/or the country indicated in your billing address
section.
(B) GOOD AS GOLD PREPAID SERVICES
Service Details. By using Good As Gold Prepaid Services,
you may transfer funds to Tecative to fund your Good As Gold Prepaid Services
account (“Good As Gold Account”). You may then use your Good As Gold
Account to purchase any Services. You may fund your Good As Gold Account by
wire transfer.
You acknowledge that funds transferred to your Good As Gold
Account will be held by Tecative and will not accrue or pay interest for your
benefit. To the extent any interest may accrue, you agree that Tecative shall
be entitled to receive and keep any such amounts to cover costs associated with
Good As Gold Prepaid Services.
You agree that all transactions using Good As Gold Prepaid
Services will be conducted in U.S. dollars.
Your Good As Gold Account must be funded on an initial
basis with no less than funds equivalent to $1,000.00 U.S. dollars.
All payments must be for the full amount required at
purchase.
Wire Transfer Details. Wire
transfers may be initiated in foreign currency to fund your Good As Gold
Account, however the natural currency of the Tecative bank account is U.S.
Dollars. Foreign currency wires will be automatically converted and deposited
in U.S. Dollars. Please note that exchange rate fees may apply.
You are responsible for all wire transfer fees, both
incoming and outgoing, associated with your Good As Gold Account. Any non-U.S.
wire transfers may be subject to fees by your bank, intermediary banks, or Tecative’s
bank, which may reduce the amount of the money received by Tecative’s bank and
subsequently funded into your Good As Gold Account. You hereby expressly
authorize Tecative (i) to reduce your Good As Gold Account by the amount of
wire transfer fees Tecative incurs in order to receive your funds; and/or (ii)
to charge a twenty-dollar ($20.00) service fee (“Service Fee”) in
connection with the termination of your Good As Gold Account. All fees are
subject to change at any time, and such changes shall be posted online and
effective immediately without need for further notice to you.
You can verify the remaining funds in your Good As Gold
Account at any time through your Account or the shopping cart. Should you
decide to terminate your Good As Gold Account (or should Tecative opt to
terminate your Good As Gold Account because you have breached an obligation
under the Good As Gold Service Agreement), then the balance in your Good As
Gold Account will be refunded, net the Service Fee.
Additional funds may be added to your Good As Gold Account
at any time.
Your Use of Good As Gold Prepaid Services. Use
of funds in your Good As Gold Account can only be made through the Tecative
purchase process at Tecative’s website. Purchases may not be made unless there
are sufficient, available funds in your Good As Gold Account at the time of
purchase to cover the entire purchase amount, including any related fees as set
forth herein or in other relevant agreements.
(C) INTERNATIONAL PAYMENT OPTIONS
Tecative offers a variety of alternative international
payment options through a variety of International Payment Providers (“IPP”).
In the event you select an IPP, you represent that you have already agreed to
any and all of the IPP’s applicable customer service agreements in advance of
completing your transaction at Tecative. You also agree to allow the IPP to
debit the full amount of your purchase from the selected account or payment
method, collectively “Funding Sources”. In addition, you agree to allow the
selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as
well as any other fees or charges applicable to your agreement with the IPP
(collectively, the “IPP Fees”), from your Funding Sources. You understand and
agree that IPP Fees are subject to change at any time by the IPP without notice
to you by Tecative.
It is your responsibility to keep your Funding Sources
current and funded. You agree that (i) the IPP or Tecative reserve the right to
decline a transaction for any reason and (ii) neither the IPP nor Tecative
shall be liable to you or any third party regarding the same. You acknowledge
that Tecative will not attempt to fulfill the Services purchased by you until Tecative
receives confirmation of payment from the IPP through its associated payment
processor. You acknowledge there may be a gap of several hours or days between
the time you place an order and the time the IPP confirms payment through its
associated payment processor. If Tecative does not receive confirmation of
payment from the IPP through its associated payment processor within thirty
(30) days from when the order is placed, your order may be cancelled, at which
time you will need to commence the purchase process again. In the event that you
would like to cancel payment for a pending transaction, you may cancel the
order through your Tecative account. Payments received on previously cancelled
orders will be automatically refunded to the original Payment Method when
possible.
If, at the time Tecative receives confirmation of payment
from the IPP (through its associated payment processor), either (i) the
Services (including domain names) are no longer available for purchase; or (ii)
a pending order has been cancelled in our systems; or (iii) the confirmation of
payment does not match the dollar amount of the pending order, and as a result
your purchase is either over-funded or under-funded, Tecative may automatically
issue a partial refund (in the case of over-funding) or a full refund (in the
case of under-funding) to your Funding Source. If the IPP (or its associated
payment processor) imposes refund limitations of any kind, Tecative reserves
the right to issue refunds to an in-store credit balance or as a bank transfer,
when the payment processor cannot refund back to the Payment Method. If you
receive a full refund, you will need to begin the purchase process again. You
agree that the IPP reserves the right not to refund IPP Fees associated with a
refunded transaction. Accordingly, any refunds issued by Tecative will be net
of the IPP Fees unless otherwise specified.
(D) IN-STORE CREDIT BALANCES
In the event that your Account contains an in-store credit
balance: (1) you may apply any available credit balance to any future purchase
in your Account; and (2) you authorize Tecative to apply any available credit
balance to any upcoming product renewals, outstanding administrative fees,
chargebacks, or other fees related to your Account, including partial payments.
Regardless of the amount of in-store credit available in your account, Tecative
is not responsible for the loss of products resulting from an inability to
collect funds from your Payment Methods or the in-store credit. In-store
credits will be applied based on the currency selected in the shopping cart at
the time of purchase (or renewal). If you have more than one in-store credit,
then the credits will be processed according to the age of the credit, with the
oldest in-store credit being applied first. If additional funds are required to
complete the purchase or renewal, credits held in a non-selected currency will
be converted using Tecative’s daily exchange rate based on the age of the
credit (oldest to newest) until (i) enough funds are allocated to complete the
transaction, or (ii) there is no available balance left in your account. You
understand and agree that at the time of conversion, Tecative may also impose
an additional administrative fee.
You can verify your available in-store credit balance at
any time through your Account on the Tecative website. You acknowledge that
in-store credit balances are non-transferable, may only be used in the Account
in which they were acquired and may expire. Complimentary in-store credits will
expire two years after issuance or within any other time period Tecative may
specify in your Account. In the event that Tecative terminates your Account,
you acknowledge and agree that any remaining available in-store credit balance
will be forfeited.
You also acknowledge that funds available in your in-store
credit balance will be held by Tecative and will not accrue or pay interest for
your behalf. To the extent any interest may accrue, you agree that Tecative is
entitled to receive and keep any such amounts to cover costs associated with
supporting the in-store credit balance functionality.
(E) EXPIRED DOMAIN NAME PURCHASES
For expired domain names purchased through your account,
you agree that you are responsible for payment within forty-eight (48) hours of
auction close for the successful bid amount plus the one (1) year renewal or
transfer fee (from the end of the domain name’s previous registration period),
plus ICANN fee, if applicable, or any valid payment method associated with the
account, will be charged on the third day following the auction close. If we
are unable to collect payment, you may lose the rights to purchase the domain
name.
(F) ROUND UP FOR CHARITY
If you participate in Round Up for Charity, you hereby
authorize Tecative to either 1) donate an amount selected by you, or 2) round
up your transaction to the nearest dollar and donate 100% of the difference, to
a small business relief fund (“Donation”). Tecative will take reasonable steps
to ensure your Donation is properly disbursed, in our sole discretion, to
qualifying small businesses negatively impacted by the COVID-19 pandemic and
will not withhold any Donation made by you through Round Up For Charity. You
understand your Donation is not eligible for a refund or in-store credit.
(G) BUY NOW PAY LATER OPTIONS
Use of a “buy now pay later” option such as an installment
payment or financing is subject to the following terms and conditions. You
acknowledge and agree that Tecative shall not be liable to you or any third
party regarding any interest, late fee, other amount, collection effort, or
change in credit score that arises out of or relates to the buy now pay later
option. You further agree that repayment of a buy now pay later option may be
governed by your agreement with a third party. Any representation that Tecative
makes regarding a repayment term related to a buy now pay later option is for
convenience only. A repayment term such as a required down payment, late fee,
or interest might vary or be subject to change, and is in the control of a
third party. Notwithstanding the foregoing, Tecative shall not be responsible
or otherwise liable to you or any third party for disclosing or failing to
disclose any repayment term, which you are responsible for determining.
Certain installment payment options will only apply to a
selected Service term, which may auto-renew for the full amount unless you
manually renew the Service term with a subsequent installment payment.
(H) GENERAL TERMS REGARDING PAYOUTS FROM TECATIVE
Tecative will make any payment(s) owed to you to the
payment method of your choice, subject to the terms below (“Payout(s)”). In
order to receive a Payout from Tecative, you will need to set up a payee and
assign it to your account.
Set
up a Payee Account
Fees. A list of supported payment methods, applicable fees,
and minimum payment thresholds are published here:
Payee
Account Information
If for any reason Tecative is unable to process your Payout
for the full amount owed, or if Tecative receives notification of a reversal or
payment dispute, or is charged a penalty for any Payout, you agree that Tecative
may pursue all available lawful remedies regarding such fees. Typical
administrative or processing fee scenarios include, but are not limited to
recouping any and all costs and fees, including the cost of Services, incurred
by Tecative as the result of failed Payouts or other payment disputes brought
by you, your bank or Payout processor. These administrative fees or processing
fees will be deducted from any amounts due or directly debited from your Payout
account.
Fee Changes. Tecative reserves the right to change its
prices and fees at any time, and such changes shall be posted online at this
Site and effective immediately without need for further notice to you.
14. ADDITIONAL RESERVATION OF RIGHTS
Tecative expressly reserves the right to deny, cancel,
terminate, suspend, lock, or modify access to (or control of) any Account or
Services (including the right to cancel or transfer any domain name
registration) for any reason (as determined by Tecative in its sole and
absolute discretion), including but not limited to the following: (i) to
correct mistakes made by Tecative in offering or delivering any Services
(including any domain name registration), (ii) to protect the integrity and
stability of, and correct mistakes made by, any domain name registry or registrar,
(iii) to assist with our fraud and abuse detection and prevention efforts, (iv)
to comply with court orders against you and/or your domain name or website and
applicable local, state, national and international laws, rules and
regulations, (v) to comply with requests of law enforcement, including subpoena
requests, (vi) to comply with any dispute resolution process, (vii) to defend
any legal action or threatened legal action without consideration for whether
such legal action or threatened legal action is eventually determined to be
with or without merit, (viii) to avoid any civil or criminal liability on the
part of Tecative, its officers, directors, employees and agents, as well as Tecative's
affiliates, including, but not limited to, instances where you have sued or
threatened to sue Tecative, or (ix) to respond to an excessive amount of
complaints related in any way to your Account, domain name(s), or content on
your website that could result in damage to Tecative’s business, operations,
reputation or shareholders.
Tecative expressly reserves the right to review every Account for excessive
space and bandwidth utilization, and to terminate or apply additional fees to
those Accounts that exceed allowed levels.
Tecative expressly reserves the right to terminate, without
notice to you, any and all Services where, in Tecative's sole discretion, you
are harassing or threatening Tecative and/or any of Tecative's employees.
Tecative Content. Except for User
Content, the content on this Site and the Services, including without
limitation the text, software, scripts, source code, API, graphics, photos,
sounds, music, videos and interactive features and the trademarks, service
marks and logos contained therein (“Tecative Content”), are owned by or
licensed to Tecative in perpetuity, and are subject to copyright, trademark,
and/or patent protection in the United States and foreign countries, and other
intellectual property rights under United States and foreign laws. Tecative
Content is provided to you “as is”, “as available” and “with all faults” for
your information and personal, non-commercial use only and may not be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any purposes whatsoever without the
express prior written consent of Tecative. No right or license under any
copyright, trademark, patent, or other proprietary right or license is granted
by this Agreement. Tecative reserves all rights not expressly granted in and to
the Tecative Content, this Site and the Services, and this Agreement do not
transfer ownership of any of these rights.
15.NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We
monitor all traffic to and from our web servers for indications of spamming and
maintain a spam abuse complaint center to register allegations of spam abuse.
Customers suspected to be using our products and services for the purpose of
sending spam are fully investigated. If we determine there is a problem with
spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE),
Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or
facsimile sent to recipients as an advertisement or otherwise, without first
obtaining prior confirmed consent to receive these communications. This can
include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
- Windows system messages
- Pop-up messages (aka "adware" or "spyware"
messages)
- Instant messages (using AOL, MSN, Yahoo or other instant messenger
programs)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
- Text/SMS Messages
We will not allow our servers and services to be used for the purposes
described above. In order to use our products and services, you must not only
abide by all applicable laws and regulations, which include the Can-Spam Act of
2003 and the Telephone Consumer Protection Act, but you must also abide by this
no spam policy. Commercial advertising and/or bulk emails or faxes may only be
sent to recipients who have "opted-in" to receive messages. They must
include a legitimate return address and reply-to address, the sender's physical
address, and an opt-out method in the footer of the email or fax. Upon request
by us, conclusive proof of opt-in may be required for an email address or fax
number.
If we determine the account, products, or services in question are being used in
association with spam, we may re-direct, suspend, or cancel any account, web
site hosting, domain registration, email boxes, or other applicable products or
services. In such event, at our election, we may require you to respond by
email to us stating that you will cease to send spam and/or have spam sent on
your behalf and to require a non-refundable reactivation fee to be paid before
the site, email boxes, and/or services are reactivated.
We encourage all customers and recipients of email generated from our products
and services to report suspected spam. Suspected abuse can be reported by email
or through our Spam Abuse Complaint Center on the Web. Web: report abuse.
Liquidated Damages. You agree that we may immediately
terminate any Account which we believe, in our sole and absolute discretion, is
transmitting or is otherwise connected with any spam or other unsolicited bulk
email. In addition, if actual damages cannot be reasonably calculated then you
agree to pay us liquidated damages in the amount of $1.00 for each piece of
spam or unsolicited bulk email transmitted from or otherwise connected with
your Account.
16. TRADEMARK AND/OR COPYRIGHT CLAIMS
Tecative supports the protection of intellectual property. If you would like to
submit (i) a trademark claim for violation of a mark on which you hold a valid,
registered trademark or service mark, or (ii) a copyright claim for material on
which you hold a bona fide copyright, please refer to Tecative’s Trademark
and/or Copyright Infringement Policy referenced above and available here.
17. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party
websites that are not owned or controlled by Tecative. Tecative assumes no
responsibility for the content, terms and conditions, privacy policies, or
practices of any third-party websites. In addition, Tecative does not censor or
edit the content of any third-party websites. By using this Site or the
Services found at this Site, you expressly release Tecative from any and all
liability arising from your use of any third-party website. Accordingly, Tecative
encourages you to be aware when you leave this Site or the Services found at
this Site and to review the terms and conditions, privacy policies, and other
governing documents of each other website that you may visit.
18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR
OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED
“AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TECATIVE, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM
ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. TECATIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY,
COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR
CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE, AND TECATIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT AUTO-GENERATED OUTPUTS INCLUDING TEXT, LOGOS, NAMES,
SLOGANS, ETC. HAVE NOT BEEN REVIEWED FOR ACCURACY OR INTELLECTUAL PROPERTY
CLEARANCE. TECATIVE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE
ACCURACY, RELIABILITY, WHETHER OUTPUTS MAY INFRINGE ON THIRD-PARTY INTELLECTUAL
PROPERTY RIGHTS, ETC. YOU SHOULD SEEK INDEPENDENT PROFESSIONAL LEGAL ADVICE
BEFORE YOU RELY ON ANY AUTO-GENERATE OUTPUT.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR
ADVICE PROVIDED BY TECATIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS
(INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE
REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL
OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS
SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH
INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF
REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR
USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
19. LIMITATION OF LIABILITY
IN NO EVENT SHALL TECATIVE, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS,
BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING
ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS
SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES
FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING
OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY
NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT,
PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA
STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER
CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR
ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE
OBJECTIONABLE, (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TECATIVE
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (XI) ANY AUTO-GENERATED
OUTPUTS CREATED USING THE SERVICES.
IN ADDITION, YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL TECATIVE’S TOTAL AGGREGATE LIABILITY
EXCEED $10,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE
SERVICES FOUND AT THIS SITE.
20. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Tecative and its
officers, directors, employees, agents, and third party service providers from
and against any and all claims, demands, costs, expenses, losses, liabilities
and damages of every kind and nature (including, without limitation, reasonable
attorneys’ fees) imposed upon or incurred by Tecative directly or indirectly
arising from (i) your use of and access to this Site or the Services found at
this Site; (ii) your violation of any provision of this Agreement or the
policies or agreements which are incorporated herein; and/or (iii) your
violation of any third-party right, including without limitation any
intellectual property or other proprietary right. The indemnification obligations
under this section shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at this Site.
21. COMPLIANCE WITH LOCAL LAWS
Tecative makes no representation or warranty that the content available on this
Site or the Services found at this Site are appropriate in every country or
jurisdiction, and access to this Site or the Services found at this Site from
countries or jurisdictions where its content is illegal is prohibited. Users
who choose to access this Site or the Services found at this Site are
responsible for compliance with all local laws, rules and regulations.
22. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND
CLASS ARBITRATIONS
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS
BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE
DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this Section
shall apply to all Disputes between you and Tecative, except for disputes
governed by the Uniform Domain Name Dispute Resolution Policy referenced above
and available here.
For the purposes of this Section, “Dispute” shall mean any dispute, claim, or
action between you and Tecative arising under or relating to any Tecative
Services or Products, Tecative’s websites, these Terms, or any other
transaction involving you and Tecative, whether in contract, warranty,
misrepresentation, fraud, tort, intentional tort, statute, regulation,
ordinance, or any other legal or equitable basis, and shall be interpreted to
be given the broadest meaning allowable under law. YOU AND TECATIVE AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS
SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR TECATIVE FOR (I) TRADE
SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT
OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover,
notwithstanding anything else in these Terms, you agree that a court, not the
arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and Tecative
further agree: (i) to arbitrate all Disputes between the parties pursuant to the
provisions in these Terms; (ii) these Terms memorialize a transaction in
interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.)
governs the interpretation and enforcement of this Section; and (iv) this
Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU
WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR
APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court
sitting in proper jurisdiction, as limited by the Limitation of Liability set
forth in Section 19 of this Agreement and may award declaratory or injunctive
relief only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party’s individual claim.
In addition, in some instances, the costs of arbitration could exceed the costs
of litigation and the right to discovery may be more limited in arbitration
than in court. The decision of the arbitrator shall be final and enforceable by
any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding
the foregoing, you may bring an individual action in the small claims court of
your state or municipality if the action is within that court’s jurisdiction
and is pending only in that court.
(D) Dispute Notice. In the event of a
Dispute, you or Tecative must first send to the other party a notice of the
Dispute that shall include a written statement that sets forth the name,
address and contact information of the party giving it, the facts giving rise
to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute
Notice to Tecative must be addressed to: Tecative, 2155 E. Tecative Way, Tempe,
AZ 85284, Attn.: Legal Department (the “Tecative Notice Address”). The Dispute
Notice to you will be sent by certified mail to the most recent address we have
on file or otherwise in our records for you. If Tecative and you do not reach
an agreement to resolve the Dispute within sixty (60) days after the Dispute
Notice is received, you or Tecative may commence an arbitration proceeding
pursuant to this Section. Following submission and receipt of the Dispute
Notice, each of us agrees to act in good faith to seek to resolve the Dispute
before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS
AND CLASS ARBITRATIONS. YOU AND TECATIVE AGREE THAT EACH PARTY MAY
BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR
CLASS ARBITRATIONS. NEITHER YOU NOR TECATIVE WILL SEEK TO HAVE ANY DISPUTE
HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER
PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE
CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER
WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS
OR PROCEEDINGS.
(F) Arbitration Procedure. If a party
elects to commence arbitration, the arbitration will be administered by the
American Arbitration Association (“AAA”) and governed by the Consumer
Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set
forth in these Terms, except that AAA may not administer any multiple claimant
or class arbitration, as the parties agree that the arbitration shall be
limited to the resolution only of individual claims. The AAA Rules are at www.adr.orgor by calling
(G) Initiation of Arbitration Proceeding. If
either you or Tecative decide to arbitrate a Dispute, we agree to the following
procedure:
i. Write a Demand for Arbitration. The demand must include
a description of the Dispute and the amount of damages sought to be recovered.
You can find a copy of a Demand for Arbitration at www.adr.org (“Demand for Arbitration:
Consumer Arbitration Rules”).
ii. Send one copy of the Demand for Arbitration to AAA by
mail at American Arbitration Association Case Filing Services 1101 Laurel Oak
Road, Suite 100 Voorhees, NJ 08043.
iii. Send one copy of the Demand for Arbitration to the
other party at the same address as the Dispute Notice, or as otherwise agreed
to by the parties.
(H) Hearing Format. In all hearing
formats, the arbitrator shall issue a written decision that explains the
essential findings and conclusions on which an award, if any, is based. During
the arbitration, the amount of any settlement offer made by Tecative or you
shall not be disclosed to the arbitrator until after the arbitrator determines
the amount, if any, to which you or Tecative is entitled. The discovery or
exchange of non-privileged information relevant to the Dispute may be allowed
during the arbitration.
(I) Arbitration Fees and Payments.
i. Disputes involving $75,000.00 or less. Tecative will
promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and
expenses. If you reject Tecative’s last written settlement offer made before
the arbitrator was appointed (“Tecative’s last written offer”), your dispute
goes all the way to an arbitrator’s decision (called an “award”), and the
arbitrator awards you more than Tecative’s last written offer, Tecative will:
(i) pay the greater of the award or $1,000.00; (ii) pay twice your reasonable
attorney’s fees, if any; and (iii) reimburse any expenses (including expert
witness fees and costs) that your attorney reasonably accrues for
investigating, preparing, and pursuing your claim in arbitration. The
arbitrator will determine the amount of fees, costs, and expenses unless you
and Tecative agree on them.
ii. Disputes involving more than $75,000.00. The AAA rules
will govern payment of filing fees and the AAA’s and arbitrator’s fees and
expenses.
iii. Disputes involving any amount. In any arbitration you
commence, Tecative will seek its AAA or arbitrator’s fees and expenses, or your
filing fees it reimbursed, only if the arbitrator finds the arbitration
frivolous or brought for an improper purpose. In any arbitration Tecative commences,
Tecative will pay all filing, AAA, and arbitrator’s fees and expenses. Tecative
will not seek its attorney’s fees or expenses from you in any arbitration. Fees
and expenses are not included in determining the amount in dispute.
(J) Claims or Disputes Must be Filed Within One
Year. To the extent permitted by law, any claim or dispute to which
this Section applies must be filed within one year in small claims or in
arbitration. The one-year period begins when the claim or Notice of Dispute
first could be filed. If not filed within one year, the claim or dispute will
be permanently barred.
(K) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE
ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY TECATIVE BY
E-MAILING LEGALOPTOUT@TECATIVE.COM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT
THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In
the e-mail, you must provide your (a) first name, (b) last name, (c) address,
(d) phone number, and (e) account number(s) and state the following: “I wish to
opt out of the arbitration provision contained in Tecative’s Universal Terms of
Service Agreement.” By providing your information in the method above, you are
opting out of the agreement to arbitrate contained in Tecative's Universal
Terms of Service. Your opt-out request will only be valid if made within thirty
(30) days of first accepting the Universal Terms of Service. In the event that
you opt-out consistent with the procedure set forth above, all other terms
contained herein shall continue to apply, including those related to the
applicable governing law and the court(s) in which legal disputes may be
brought.
(L) Amendments to this Section. Notwithstanding
any provision in these Terms to the contrary, you and Tecative agree that if Tecative
makes any future amendments to the dispute resolution procedure and class
action waiver provisions (other than a change to Tecative’s address) in these
Terms, Tecative will notify you and you will have thirty (30) days from the
date of notice to affirmatively opt-out of any such amendments. If you
affirmatively opt-out of any future amendments, you are agreeing that you will
arbitrate any Dispute between us in accordance with the language of this
Section as stated in these current Terms, without any of the proposed
amendments governing. If you do not affirmatively opt-out of any future
amendments, you will be deemed to have consented to any such future amendments.
(M) Severability. If any provision in this
Section is found to be unenforceable, that provision shall be severed with the
remainder of these Terms remaining in full force and effect. The foregoing
shall not apply to the prohibition against class or representative actions; if
the prohibition against class or representative actions is found to be
unenforceable, this entire Section shall be null and void. The terms of this
Section shall otherwise survive any termination of these Terms.
(N) Exclusive Venue for Other Controversies. Tecative
and you agree that any controversy excluded from the dispute resolution
procedure and class action waiver provisions in this Section (other than an
individual action filed in small claims court) shall be filed only in the
Superior Court of Maricopa County, Arizona, or the United States District Court
for the District of Arizona, and each party hereby irrevocably and
unconditionally consents and submits to the exclusive jurisdiction of such
courts for any such controversy. You also agree to waive the right to trial by
jury in any such action or proceeding.
23. UNCLAIMED PROPERTY; DORMANCY CHARGES
Please be advised that if a customer has an outstanding account balance (a
credit positive balance) for three (3) years or more for any reason, and (i) Tecative
is unable to issue payment to such customer or (ii) Tecative issued payment to
such customer in the form of a paper check, but the check was never cashed,
then Tecative shall turn over such account balance to the State of Arizona in
accordance with state law. You acknowledge and agree that in either case (i) or
(ii) above, Tecative may withhold a dormancy charge in an amount equal to the
lesser of $25.00 or the total outstanding account balance associated with such
customer.
24. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns.
25. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or
benefits.
26. U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws,
restrictions, regulations and administrative acts of the United States
Department of Commerce, Department of Treasury Office of Foreign Assets Control
(“OFAC”), State Department, and other United States authorities
(collectively, “U.S. Export Laws”). Users shall not use the Services
found at this Site to collect, store or transmit any technical information or
data that is controlled under U.S. Export Laws. Users shall not export or
re-export, or allow the export or re-export of, the Services found at this Site
in violation of any U.S. Export Laws. None of the Services found at this Site
may be downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) any country with which the United States has embargoed
trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Denied Persons List, or
any other denied parties lists under U.S. Export Laws. By using this Site and
the Services found at this Site, you agree to the foregoing and represent and
warrant that you are not a national or resident of, located in, or under the
control of, any restricted country; and you are not on any denied parties list;
and you agree to comply with all U.S. Export Laws (including “anti-boycott”,
“deemed export” and “deemed re-export” regulations). If you access this Site or
the Services found at this Site from other countries or jurisdictions, you do
so on your own initiative and you are responsible for compliance with the local
laws of that jurisdiction, if and to the extent those local laws are applicable
and do not conflict with U.S. Export Laws. If such laws conflict with U.S.
Export Laws, you shall not access this Site or the Services found at this Site.
The obligations under this section shall survive any termination or expiration
of this Agreement or your use of this Site or the Services found at this Site.
27. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of
reference only and shall not be utilized in any way to construe or interpret
the agreement of the parties as otherwise set forth herein. Each covenant and
agreement in this Agreement shall be construed for all purposes to be a
separate and independent covenant or agreement. If a court of competent
jurisdiction holds any provision (or portion of a provision) of this Agreement
to be illegal, invalid, or otherwise unenforceable, the remaining provisions
(or portions of provisions) of this Agreement shall not be affected thereby and
shall be found to be valid and enforceable to the fullest extent permitted by
law.
28. ENGLISH LANGUAGE CONTROLS
This Agreement, along with all policies and the applicable product agreements
identified above and incorporated herein by reference (collectively, the
“Agreement”), is executed in the English language. To the extent any
translation is provided to you, it is provided for convenience purposes only,
and in the event of any conflict between the English and translated version,
where permitted by law, the English version will control and prevail. Where the
translated version is required to be provided to you and is to be considered
binding by law (i) both language versions shall have equal validity, (ii) each
party acknowledges that it has reviewed both language versions and that they
are substantially the same in all material respects, and (iii) in the event of
any discrepancy between these two versions, the translated version may prevail,
provided that the intent of the Parties has been fully taken into
consideration.
29. CONTACT INFORMATION
If you have any questions about this Agreement, please
contact us by email at the following address:
Tecative Legal Department
legal@Tecative.com
