NOTICE TO CUSTOMERS REGARDING TERMS OF SERVICE
CUSTOMERS OF ANY BUSINESS REQUESTING THAT AN ONLINE REVIEW BE SUBMITTED FOR THE BUSINESS UTILIZING THE REVIEW SOLUTION (SERVICE) UNDERSTAND THE FOLLOWING:
YOUR SUBMITTED REVIEW MAY BE POSTED PUBLICLY ON ONE OR MORE ONLINE REVIEW SITES, ONLINE DIRECTORIES, ONLINE SOCIAL MEDIA SITES AND/OR THE BUSINESS WEBSITE. YOUR REVIEW AND INFORMATION MAY ALSO BE USED FOR RESEARCH PURPOSES OF OTHER INTERNAL PURPOSES BY THE BUSINESS OR THE REVIEW SOLUTION IT'S SUBSIDIARIES AND PARTNERS. SUBMITTING A REVIEW MAY UTILIZE SIGN-IN SERVICES SUCH AS FACEBOOK CONNECT. THESE SERVICES WILL AUTHENTICATE YOUR IDENTITY AND PROVIDE YOU THE OPTION TO SHARE CERTAIN PERSONAL INFORMATION WITH THE COMPANY AND/OR THE REVIEW SOLUTION SUCH AS YOUR NAME AND EMAIL ADDRESS.
THE REVIEW SOLUTION IS NOT DIRECTLY OR INDIRECTLY AFFILIATED WITH ANY ONLINE REVIEW SITE, ONLINE DIRECTORY OR ONLINE SOCIAL MEDIA SITE EXCEPT FOR REVIEWSTAR.COM WHICH IS OWNED AND OPERATED BY THE REVIEW SOLUTION. THE SERVICE IS NOT ENDORSED, SPONSORED, REVIEWED, TESTED OR CERTIFIED BY ANY THIRD-PARTY ONLINE PLATFORM OR COMPANY.
The Review Solution® Terms of Service
1. Acknowledgment. Client (the business subscribing to the Services as further defined below) Acknowledges and Accepts the following Terms of Service offered by Third Coast Interactive Inc., a Tennessee corporation ("TCI"): TCI will furnish Client with Software as a Service (SaaS)-based Service through the advanced monthly payment subscription to the TCI product known as The Review Solution to allow Client to gather, post, monitor and interact with consumer-generated online reviews, images and video by SMS text messaging and on the Internet. This Service and its various related services (collectively, the "Service(s)") are provided to the Client by TCI, subject to compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), and any other written agreement between the Client and TCI. In addition, when using a particular service or materials for Service, Client shall be subject to any posted rules applicable to such service or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
TCI may make the Services available to Client on a trial basis or offer promotional versions of the Services for a limited period of time ("Trial Period"), as specified on the applicable Offer. The Trial Period shall terminate at the end of the stated Trial Period, or if no such date is specified, thirty (30) days from the date of Client's initial access to the Services. Following expiration of the Trial Period, the Services may automatically continue unless cancelled by Client, and Client is responsible for payment of the applicable Fees set forth in the Offer. During the Trial Period, TCI provides the Services "AS IS" and without warranty or indemnity, to the extent permitted by law, and all other terms of this Agreement otherwise apply. TCI reserves the right to modify or discontinue any trials or promotions at any time without notice.
The Review Solution may be terminated at any time by Client without penalty and with 10 days written notice to TCI utilizing the Suspension Request as provided through the Client Administration dashboard provided to the Client by TCI. The Suspend Service button may be found under the Client section titled "Your Account" on the left hand side of the Client dashboard. Service will not be terminated without this formal Suspension Request and Client is responsible for payment of the applicable Fees set forth in the Offer.
BY USING THIS SERVICE, THE CLIENT AGREES TO BE BOUND BY THESE TERMS OF SERVICE. IF CLIENT DOES NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE NOW. CLIENT'S REMEDY FOR DISSATISFACTION WITH THIS SERVICE, OR ANY PRODUCTS, SERVICE, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE, IS TO STOP USING THE SERVICE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICE. CLIENT'S AGREEMENT WITH TCI REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF CLIENT'S USE OF THIS SERVICE.
These Terms of Service are effective as of May 24th, 2016. TCI expressly reserves the right to change Terms of Service regularly without notice. Client is obligated to review the Service and these Terms of Service and to identify any modifications. Client's continued use of the Service after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
As used in these Terms of Service, references to TCI "Affiliates" include TCI owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Service and/or its contents.
2. Description of Service. TCI makes various functions available through this Service including, but not limited to, the online collection and delivery of consumer reviews, information about existing reviews from local business listings, and other related consumer review services. Client is responsible for providing, at Client's expense, all equipment necessary to use the Service, including a computer, modem, mobile devices and Internet access (including payment of all fees associated with such access).
TCI reserves the sole right to either modify or discontinue the Service, including any of its features, at any time with or without notice to Client. TCI will not be liable to the Client or any third party should TCI exercise such right. Any new features that augment or enhance the Service shall also be subject to these Terms of Service.
3. Registration Data and Privacy. In order to access some of the functions of this Service, the Client may be required to use a Device Key, account login and password that will be delivered as part of the subscription process. Client subscription requires certain information and data ("Registration Data") and maintaining and updating this Registration Data as required. By subscribing, Client agrees that all information provided in the Registration Data is true and accurate and that Client will maintain and update this information as required in order to keep it current, complete, and accurate.
4. Conduct on Service. The use of the Service is subject to all applicable laws and regulations, and the Client is solely responsible for the substance of its communications through the Service. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available through this Service, Client agrees that it will not upload, share, post, or otherwise distribute or facilitate distribution of any content; including text, communications, software, images, sounds, data, or other information that:
a. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates TCI rules or policies;
b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. Impersonates any person or entity, including any TCI employees or Affiliates.
TCI and its Affiliates neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party Clients of the Service. TCI does not pre-screen, monitor, or edit the content posted by Clients on any communications service, chat rooms, message boards, newsgroups, software libraries, or other interactive service that may be available on or through this Service. However, TCI retains the right at its sole discretion to remove any content that, in its judgment, does not comply with these Terms of Service and any other rules of Client conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. TCI is not responsible for any failure or delay in removing such content. Client hereby consents to such removal and waives any claim against TCI arising out of such removal of content. See "Use of Client Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Service infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Client may not use secondary or phantom accounts to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Service may be available to the Client or other authorized Clients of the Service. Client shall not interfere with anyone else's use and enjoyment of the Service or other similar service. Clients who violate systems or network security may incur criminal or civil liability.
Collecting personal information from children under the age of 18 ("minor children") through the Services is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the Services, and we request that they do not submit any personal information. Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Clients agree that TCI may, at any time, and at the sole discretion of TCI, terminate a Client subscription, account, or other affiliation with the TCI Service without prior notice to Client for violating any of the above provisions. In addition, Client acknowledges that TCI will cooperate fully with investigations of violations of systems or network security at other services, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Internet Delays and Service Maintenance. The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications and which are outside of TCI's control. TCI is not responsible for any delays, delivery failures or other damages resulting from such problems. TCI does not guarantee the Service will be operable at all times. TCI reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service; (b) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (c) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
6. External Forces. TCI shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond TCI's reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters. In addition, Client acknowledges that the Service depends heavily on privacy law in the United States, the various States and Territories, and other Jurisdictions. The law can and will change in the future and such changes are outside the control of TCI. Some legal changes, including but not limited to legislation or judicial interpretation, may render it more difficult or impossible for TCI to perform the Service. In the event a change in the law renders the performance of the Service impossible or impracticable, TCI will have no further obligation to perform the Service.
7. Third-Party Service and Information. This Service may link the Client to other services on the Internet such as third-party reviews sites or otherwise include references to information, documents, software, materials and/or service provided by other parties. These services may contain information or material that some people may find inaccurate, inappropriate or offensive. These other services and parties are not under the control of TCI, and Client acknowledges that TCI is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such third-party service, nor is TCI responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided as a convenience and does not imply endorsement of, or association with, the service or party by TCI, or any warranty of any kind, either express or implied.
The TCI Service and the products and services offered on this Service are not associated, affiliated, endorsed, sponsored, reviewed, tested or certified by any third-party including but not limited to any online directory or online review service.
8. Intellectual Property Information. For purposes of these Terms of Service, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and service that can be viewed by Client on TCI Service. This includes message boards, chat, and other TCI original content.
By accepting these Terms of Service, Client acknowledges and agrees that all content presented to Client on this Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the joint property of Client, TCI and/or its Affiliates. Client is entitled to use the content as authorized by TCI or the specific content provider. Except for a single copy made for personal use only, Client may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Service in any form or by any means without prior written permission from TCI or the specific content provider, and Client is solely responsible for obtaining permission before reusing any copyrighted material that is available on this Service. Any unauthorized use of the materials appearing on this Service may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither TCI nor its Affiliates warrant or represent that any use of materials displayed on, or obtained through, this Service will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Service infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All Service custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of TCI or its Affiliates.
All other trademarks or service marks including but not limited to all third-party online directories and online profile and review sites are property of their respective owners. Nothing in these Terms of Service grants the Client any right to use any trademark, service mark, logo, and/or the name of TCI or its Affiliates.
Client shall not submit confidential or proprietary information to TCI unless the Parties have mutually agreed in writing as to its protection and confidentiality.
TCI respects the intellectual property of others. Should any Client of this Service believe that its copyright, trademark or other property rights have been infringed by a posting on this Service, the Client should send notification to the TCI Designated Agent as defined below. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that is believed to have been infringed upon, or other information sufficient to specify the copyrighted work being infringed.
2. Identify the material that the claimant believes is infringing the copyrighted work listed in item 1 above.
3. Provide information reasonably sufficient to permit TCI to contact the Client submitting the notification (email address is preferred).
4. Provide information, if possible, sufficient to permit TCI to notify the owner/administrator of the allegedly infringing page or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I state, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Waterford Law Group
Attn: Kurt Beasley
Historic Fifth Square Building, Suite 100
Franklin, Tennessee 37065
Phone: (615) 373-2500
Client acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, TCI may immediately remove the identified materials from its Service without liability to the Client or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
10. Disclaimer of Warranties. ALL MATERIALS AND SERVICE ON THIS SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TCI MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET CLIENT REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICE, OR INFORMATION PURCHASED OR OBTAINED BY THE CLIENT FROM THE SERVICE FROM TCI OR ITS AFFILIATES WILL MEET CLIENT EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. TCI MAY MAKE CHANGES TO THE MATERIALS AND SERVICE AT THIS SERVICE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICE AT THIS SERVICE MAY BE OUT OF DATE, AND TCI MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICE. THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SERVICE IS DONE AT CLIENT'S OWN DISCRETION AND RISK AND WITH CLIENT'S AGREEMENT THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
In utilizing the Service, the Client may have opportunities to engage in commercial transactions with other TCI Clients and vendors. Client acknowledges that all transactions relating to any merchandise or service offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and service and Client.
TCI MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENT'S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICE, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY TCI OR ITS AFFILIATES.
Content available through this Service often represents the opinions and judgments of an information provider, service client, or other person or entity not connected with TCI. TCI does not endorse, and accepts no responsibility for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TCI agent speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the TOS for further information, which policies are incorporated by reference into these Terms of Service.
Client understands and agrees that temporary interruptions of the Service available through this Service may occur as normal events. Client further understands and agrees that TCI has no control over third party networks that the Client may access in the case of the use of this Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of TCI.
Client understands and agrees that the functions available on this Service are provided "AS IS" and that TCI assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any Client related communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A SPECIFIC CLIENT.
11. Limitation of Liability. IN NO EVENT SHALL TCI OR ITS AFFILIATES BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT TCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE OR OF ANY TCIB SERVICE REFERENCED OR LINKED TO FROM THIS SERVICE.
FURTHER, TCI SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICE OFFERED THROUGH THIS SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SERVICE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CLIENT.
12. Indemnification. Upon a request by TCI, Client agrees to defend, indemnify, and hold TCI and its Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees that arise from Client use or misuse of this Service. TCI reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Client, in which event Client will cooperate with TCI in asserting any available defenses.
13. Security and Password. Clients are solely responsible for maintaining the confidentiality of passwords, Device Key and accounts and for any and all statements made and acts or omissions that occur through the use of client password and account. Client must take steps to ensure that others do not gain access to Client's password, Device Key and account. TCI personnel will never ask Client for a password. TCI will have access to the Client password for support purposes. Client may not transfer or share its subscription to the Service with anyone, and TCI reserves the right to immediately terminate a Client account if the Client does transfer or share its subscription.
14. Participation in Promotions. From time to time, this Service may include advertisements offered by third parties. Client may enter into correspondence with or participate in promotions of the advertisers showing their products on this Service. Any such correspondence or promotions, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the Client and the advertiser. TCI assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. E-mail, Messaging, Blogging, and Chat Services. TCI may make email, messaging, blogging, or chat services (collectively, "Communications") available to Clients of TCI Service, either directly or through a third-party provider. TCI makes available separate supplemental agreements characterizing the relationship between the Client and TCI that, except where expressly noted or contradictory, includes these Terms.
TCI may employ automated monitoring devices or techniques to protect its Clients from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that TCI deems inconsistent with its business purposes. However, such devices or techniques are not perfect, and TCI will not be held responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Digital mailboxes may have a limited storage capacity. If Client exceeds the maximum permitted storage space, TCI may employ automated devices that delete or block email messages that exceed the limit. TCI will not be responsible for such deleted or blocked messages.
16. Social Media Sites. Your submitted review may be posted on one or more social media websites such as Facebook. Submitting a review may utilize sign-in services such as Facebook Connect. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post your submitted review to your profile page to share with others within your network.
17. International Use. Although this Service may be accessible worldwide, TCI makes no representation that materials on this Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Service is void where prohibited.
18. TCI Termination. Client agrees that TCI may, in its sole discretion, terminate or suspend Client access to all or part of the Service with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating the Client relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, Client's right to use the functions available on this Service immediately ceases, and Client acknowledges and agrees that TCI may immediately deactivate or delete the Client account and all related information and files in the Client account and/or bar any further access to such files or this Service. TCI shall not be liable to Client or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by TCI in connection with such termination or suspension.
19. Client Termination / Refund. Client may, in its sole discretion, terminate Services with ten (10) days’ notice to TCI. Voluntary Client termination requires a termination notice submitted via the Suspend Service Form in the Service dashboard provided to the client. This notice is required to be received by TCI ten (10) days prior to the next billing date. Termination requests via phone, email, or any method other than the aforementioned Suspend Service form will not be accepted as a termination notice.
Should payment of defined Service fees be in default, Client termination shall automatically occur. When default termination occurs, Services shall stop seven (7) days from the date that an electronic notice is sent to Client via the Client email address provided to TCI. All terminations include deleting and disabling all access to and functionality of the platform, including device keys, apps and login capabilities. TCI shall not be liable to Client or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by TCI in connection with such termination or suspension.
Payment for all Services are processed on a monthly basis, in advance of monthly service. TCI does not offer refunds, credits, or adjustments for monthly payments made for Services provided. The delivery of a Service Device Key and subsequent activation of the Service on a mobile device shall constitute a completed transaction and an authorized payment transaction. Specifically, the authorized payment transaction is not defined based on usage after activation.
20. Compliance With Regulation. Client represents that it is in full compliance with the Telephone Consumer Protection Act (TCPA), the Consumer Protection Act and the Consumer Review Fairness Act guidelines
21. Governing Law. This Service (excluding any linked service) is controlled by TCI from TCI offices within Tennessee, United States of America. It can be accessed from all 50 states and from other countries around the world. As each of these places has laws that may differ from those of Tennessee, by accessing this Service both the Parties agree that the statutes and laws of the State of Tennessee, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Service and the purchase of products and services available through this Service. The Parties further agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Tennessee with respect to such matters.
22. Notices. All notices to a Party shall be in writing and shall be made either via email or conventional mail. Notices to TCI must be sent to the attention of Client Services at firstname.lastname@example.org if by email, or to Third Coast Interactive, Inc., P.O. Box 207, Franklin, Tennessee 37065 if by conventional mail. Notices to Client may be sent to the address supplied by Client as part of its Registration Data. In addition, TCI may broadcast notices or messages through the Service to inform Client of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to the Client at the time of sending.
23. Miscellaneous. In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorney's fees. Any cause of action brought by the Client against TCI or its Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
Client may not assign rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. TCI may freely assign any and all rights and obligations under these Terms of Service.
Client agrees not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Service, or use of or access to this Service.
In addition to any excuse provided by applicable law, TCI shall be excused from liability for non-delivery or delay in delivery of products and functions available through its Service arising from any event beyond its reasonable control, whether or not foreseeable by either Party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond TCI reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by TCI to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
24. Contact Information. Except as explicitly noted, this Service is offered by Third Coast Interactive, Inc., a Tennessee Corporation, PO Box 207, Franklin, Tennessee 37065. The TCI telephone number is 888-649-6140. If Client notices any other Client is violating these Terms of Service; please contact email@example.com
25. Use of Logo/Testimonials. Client agrees that TCI can use for its reasonable advertising purposes Client logos and/or trade names to indicate that the Client is a customer and Client of the Service. In addition, if Client submits to TCI a testimonial or other comments about the Service, Client agrees that TCI can use these for its reasonable advertising purposes.
26. Review Posting Guarantee. TCI will facilitate the posting of each online Client review submitted to Service by Client customer on the review sites designated by Client at the time the Service is established. TCI will submit each negative Client review returned to Service by Client customer as designated by Client through the Service Dashboard utilized by Client. TCI gives no assurance that all reviews submitted through the Service by Client through the Service will be independently approved by Client customer as required and posted on the specifically selected review sites as chosen by Client. The Service is not affiliated with any online review site, online directory or social media platform and the Service is not associated, affiliated, endorsed, sponsored, reviewed, tested or certified by any online third-party platform.
All reviews submitted to the Better Business Bureau shall be addressed in accordance with current BBB policy as found in #27 below.
27. Better Business Bureau Reviews. A Better Business Bureau Site Acknowledges the following: The Customer certifies that my Customer Review, along with my contact information, will be sent to the business for validation. I understand that customer reviews are not used in the calculation of the BBB Rating and that BBB does not accept anonymous reviews. If I have filed a complaint with BBB on this business about this same experience that my customer review will not be posted. The text of my Customer Review will be publicly posted on the BBB website for 3 years (BBB reserves the right to not post in accordance with BBB policy.) This customer review section is not BBB's complaint resolution system. ( Go here if you wish to file a complaint and request a resolution to an issue. ) BBB may edit your Customer Review to protect privacy rights and to remove inappropriate language. Please do not include any personally identifiable information in describing your Customer Review. BBB will remove your review if you ask us in writing to do so. BBB will also remove reviews it determines to be falsified or to not involve an actual marketplace interaction.
28. Entire Agreement. These Terms Of Service constitute the entire agreement and understanding between the Parties concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the Parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this agreement or to enter an order for products or Service which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by the Parties. To the extent that anything in or associated with this Service is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.