For those leaving reviews:
Businesses (our Clients) of Third Coast Interactive Inc. (TCI) have implemented a service that provides the ability for customers of the Client to submit online reviews to third-party websites. You may be asked to consider leaving a customer review by one or more of our clients. These reviews may be requested by email, while you are doing business face to face or by text message. Should you elect to submit a review through a cellular mobile device; certain cellular plan rates and restrictions may apply. You are not required to submit a review. You should not be compensated or rewarded in any way as an inducement to submit a review. Submitted reviews may or may not be displayed of the website of the business you are submitting the review for.
The TCI Service and the products and services offered are not associated, affiliated, endorsed, sponsored, reviewed, tested or certified by any third-party review service.
Social Media Sites.
Better Business Bureau.
Reviews posted on a Better Business Bureau site Acknowledge the following: The Customer certifies that Customer Reviews posted on a Better Business Bureau website are the genuine opinion of the business and that the Customer has no personal or business affiliation with the Client business, and has not been offered any incentive or payment originating from the Client business to write this review. By submitting this Customer Review, the Customer is representing that it is a truthful account of the marketplace experience with the business. The Customer understands that this Customer Review, along with Customer contact information, will also be sent to the Client business. Customer understands that customer reviews are not used in the calculation of the BBB Rating. Customer understands that if a complaint is filed with BBB on the Client business that the Customer Review on the Client business will not be posted. The Customer understands that a review may only be posted about an interaction that occurred within the past 1,095 days (3 years). The Customer also understands that the review will only be posted for 1,095 days (3 years). The Customer also understands that the text of the Customer Review will be publicly posted on the Better Business Bureau website (BBB reserves the right to not post in accordance with BBB policy). Please do not include any personally identifiable information in describing the submitted Customer Review. BBB may edit any Customer Review to protect privacy rights and to remove inappropriate language.
TCI is committed to maintaining the confidentiality of information entrusted to us by our Clients and their patients. This includes individual, identifiable personal and health information such as names, addresses, and Protected Health Information. Our Clients authorize us to gather and display online patient reviews and to communicate with their patients via email and text message while complying with HIPAA.TCI protects the confidentiality of information received by adhering to the requirements of the HIPAA Privacy Rule and the HIPAA Security Rule. The Privacy Rule governs the acquisition, storage, transfer and retention of Protected Health Information, in both electronic and paper formats. The Security Rule covers all information acquired, maintained or transferred electronically. The Company complies with all business associate obligations under HIPAA/HITECH, enabling us to provide the highest level of service to both our clients and their patients.
TCI collects and stores information about people in order to quote and service its transactions, advisory Services and programs. This information allows TCI to better manage information and administer relationships. Some of the information is called “Non-public Personal Information,” which generally means information that is provided by an individual, corporation or agency, obtained by TCI, or that results from TCI Services or transactions. It does not include information available to the general public. The type of information that TCI collects varies according to the Services and transactions requested and may include the following.
TCI may receive this type of information from inquiries or other forms, by phone and online. Initiating any process constitutes consent for TCI to retain the information as described in this policy. This information includes, but is not limited to:
Name, address, and telephone number, e-mail address, date of birth, and gender;
The specific Client reviews submitted online, nature of any issue, posting or content that may be brought to the attention of the Client. This information, and related questions, helps TCI evaluate submissions, and provides the Client with Services that impact online business reviews, comments and actions.
Payment information to allow for the monthly remittance of subscription based Service payments.
TCI Clients who subscribe to any TCI Services acknowledge that TCI may collect and store additional information about Client and/or Client’s company. Such information is generated through various transactions with TCI, its Affiliates, marketing organizations, third party service providers, or others. This information includes, but is not limited to:
(1) Personal information to be used as content for Services;
(2) Information that Client provides to TCI to access one or more functions or Services, including contact information and billing information provided through online or paper forms;
(3) Information created and maintained by TCI for Client in order to maintain Services and provide superior Client service. Examples include account information, choice of Services, and reports;
(4) Information related to any transaction and maintained by TCI. This information is stored within the TCI databases in order to provide the requested Services.
Non-personally identifying statistical Information about a visit to Client web site(s), including TCI, is compiled to allow TCI to determine the relative importance of its Services. The information collected in this manner includes:
Date and time reviews and content were remitted;
Any referring review site visited;
The domain name and IP (Internet protocol) address from which the TCI site was accessed;
The operating system and browser used to access content;
The specific pages viewed during a visit; and City, state, and country of the visitor’s Internet Service Provider (ISP) (if available) for demographic purposes.
(6) Information provided to TCI through its web site via online submissions, forms and applications, such as Service forms, applications, or web site messages to TCI. For instance, one web site message form may collect an interested party’s first and last name, address, e-mail, and phone number. This information may be used to initiate the presentation of Services.
Information Used within the TCI Web Site
TCI uses the information collected for the following purposes: To improve Services – TCI analyzes some of the information collected in order to improve Services. Studying how visitors use the web site and its Services provides valuable insight into how TCI can make them more useful and easier to use.
Providing superior support, administration, reporting, Client service and maintaining relationships – the information collected allows TCI to respond to needs more quickly. To provide information about new or enhanced Services – by understanding how Services are utilized, TCI can offer the opportunity to review other Services that may be of value. To send marketing material related to new TCI Services as they become available. Note that the ability to opt out of this is provided as outlined below.
Sharing Information with Others
First and foremost, TCI NEVER sells lists or Nonpublic Personal Information to third parties; however, such information may be disclosed to others as permitted by law. Generally, this includes disclosures to third parties that are necessary to affect, administer or service a Service or transaction with TCI, or in connection with servicing a Client. These third parties may include, but are not limited to, researchers, programmers, copywriters and SEO professionals. TCI will not disclose information obtained from consumer reporting agencies without the Client’s consent.
TCI may also disclose information to people and companies that perform support services with which TCI may have joint agreements. The purpose of this is to inform the Client of other products or services jointly offered, endorsed, or sponsored by TCI, and that TCI believes the Client may find useful. TCI is highly selective in choosing these companies, and restricts the information provided to only what they need to offer and administer these services. TCI also requires them to comply with strict standards of security and confidentiality, and they are not permitted to release, use, or transfer any Client information to any other party for their own purposes. Notwithstanding the foregoing, TCI may disclose and/or transfer Client information (i) in connection with any merger, sale, or liquidation of all or part of the company; (ii) if disclosure is required pursuant to a request for specific Client information to comply with a subpoena, court order, and/or other legal instrument, legal proceeding or relevant law, or (iii) if there is an immediate, imminent threat to the safety of any person, TCI or its web site.
Information Confidentiality and Security
TCI is committed to preventing others from unauthorized access to Nonpublic Personal Information, and maintains procedures and technology designed for this purpose. TCI takes several steps to protect Nonpublic Personal Information including the following:
TCI updates and tests its technology on a regular basis in order to improve the protection of Client information.
TCI requires outside companies and independent contractors to whom TCI provides Nonpublic Personal Information for marketing, servicing, or processing purposes to enter into a Confidentiality Agreement that restricts use of the information for those purposes and prohibits independent use of the information.
TCI has internal procedures that limit access to Nonpublic Personal Information, such as procedures that require an employee to have a business need to access such information. TCI may maintain policies and conduct employee training about the proper physical security of workplaces and records. TCI employees are required to comply with Client Information privacy principles, policies and procedures, or be subject to disciplinary action, including termination.
TCI makes use of hardware and/or software firewalls to protect Nonpublic Personal Information from unauthorized access.
Information Integrity Measures
TCI also strives to protect the integrity of its Clients Nonpublic Personal Information, and other Client-related information, through use of the following:
Maintaining regular backups of Client data in case of data loss or corruption;
The use of uninterruptible power supplies (UPS) to prevent data loss during power spikes and power outages; and
Virus detection and elimination software to prevent corruption of Client data by viruses. Despite these measures, however, TCI cannot guarantee and will not be held responsible for the Nonpublic Personal Information will be completely free from unauthorized access.
Client Opt Out, Update Personal Information, and Privacy Questions
Clients may opt out of receiving notices of new or upgraded Services from TCI, its Affiliates, marketing organizations, third party service providers, or others. by sending an opt-out request to info@ThirdCoastInteractive.com. In this opt-out request, please include Client name, Services (if any) provided through TCI, Client contact information, and the nature of Client opt-out request. Clients may not opt out, however, of receiving information from TCI that is essential for maintaining or updating accounts or system information. In addition, opt-out does not include updates that may be presented within other TCI Services. Clients may review their personal information or communication provided to them in regards to their relationship with TCI. Presently, there is no online database that connects to the TCI web site that allows for online review. To verify and/or change personal information please contact TCI through any of the following:
TCI: Administrative Services
P.O. Box 207
Franklin, TN 37065
If Client has additional questions related to the privacy of Client information or
privacy practices, please contact TCI online or through the above contact information.
Our Companywide Commitment to Your Privacy
To make sure your personal information is secure, we communicate our privacy and security guidelines to TCI employees and strictly enforce privacy safeguards within the company.
Client Terms Of Service
Client’s Acknowledgment and Acceptance of Terms Of Service (TOS) for Third Coast Interactive Inc., a Tennessee corporation (“TCI”): TCI will furnish Client with Software as a Service (SaaS) based online Service through monthly advance 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 on the Internet. This Service and its various related services (collectively, the “Service”) 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.
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 August 26, 2015. 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.
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.
Registration Data and Privacy. In order to access some of the functions of this Service, the Client may be required to use a Key Code, account login and password that will be delivered as part of the subscription process. Client subscription requests 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.
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 endorses nor assumes 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 of 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.
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.
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 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.
External Forces. TCI shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond TCI 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.
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 review service.
TIntellectual 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 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
2550 Meridian Blvd, Suite 350
Franklin, Tennessee 37067
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.
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.
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.
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.
Security and Password. Clients are solely responsible for maintaining the confidentiality of passwords, Key Code 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, Key Code 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.
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.
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.
Social Media Sites. Your submitted review may be posted on 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.
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.
Termination of Use. 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.
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.
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 email@example.com 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.
Miscellaneous. In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys 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.
Contact Information. Except as explicitly noted, this Service is offered by Third Coast Interactive, Inc., a Tennessee Corporation, P.O. 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 firstname.lastname@example.org
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.
Review Posting Guarantee. TCI will submit each positive Client review returned 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 offered through the Service at the Client point of service will be independently approved by Client customer as required and posted on the specifically selected review sites as chosen by Client.
TCI will post every positive review submitted at the point of customer service to one or more accessible rating and/or review sites that have been identified by TCI. 100% of all positive Client online reviews submitted by Client customers will be posted on one or more online review websites.
Better Business Bureau Reviews. Posted On a Better Business Bureau Site Acknowledge the following: The Customer certifies that Customer Reviews posted on a Better Business Bureau website are the genuine opinion of the business and that the Customer has no personal or business affiliation with the Client business, and has not been offered any incentive or payment originating from the Client business to write this review. By submitting this Customer Review, the Customer is representing that it is a truthful account of the marketplace experience with the business. The Customer understands that this Customer Review, along with Customer contact information, will also be sent to the Client business. Customer understands that customer reviews are not used in the calculation of the BBB Rating. Customer understands that if a complaint is filed with BBB on the Client business that the Customer Review on the Client business will not be posted. The Customer understands that a review may only be posted about an interaction that occurred within the past 1,095 days (3 years). The Customer also understands that the review will only be posted for 1,095 days (3 years). The Customer also understands that the text of the Customer Review will be publicly posted on the Better Business Bureau website (BBB reserves the right to not post in accordance with BBB policy). Please do not include any personally identifiable information in describing the submitted Customer Review. BBB may edit any Customer Review to protect privacy rights and to remove inappropriate language.
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.