These Terms and Conditions (“Terms and Conditions”) govern your (the “User” or “You”) use of the TapRoute™ web site (the “Web Site”) provided by TapRoute™, LLC (the “Company”). By visiting, using, and/or submitting information to the Web Site, You agree to be bound by the Terms and Conditions, or if You are acting on behalf of a company or other entity, You have the authority to bind such company or entity. These Terms and Conditions are subject to change by the Company at any time in its sole discretion, and without prior notice. Please consult these Terms and Conditions regularly. The Company assumes no liability for the use of any information posted on the Web Site. The Company assumes no liability for the use or reliance by User on any information contained on this Web Site.
If You do not agree to these Terms and Conditions (including any referenced policies or guidelines) as modified from time to time, please do not access this Web Site. If You have any questions regarding the use of the Web Site, please email us at firstname.lastname@example.org.
Your use of the Web Site shall be limited to viewing locations for water stops solely for recreational purposes and for no other purposes whatsoever.
Copyright and Trademark Notice
This Web Site is owned and operated by the Company. Unless otherwise specified, all materials appearing on this Web Site, including text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of TapRoute, LLC, Copyright © 2014. ALL WORLDWIDE RIGHTS RESERVED. All software used on this Web Site is the sole property of the Company or those vendors supplying the software and content. You may use the content of this site only for the Permitted Use set forth above. Content is not to be resold or used for any other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded posted, transmitted, or distributed in any form or by any means without the Company’s prior written permission, except as specifically permitted herein. All rights not expressly granted herein are reserved. Any unauthorized use of materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the Company. All other trademarks or service marks are property of their respective owners. The use of any Company trademark or service mark without the Company’s express written consent is strictly prohibited. We reserve the right to change any and all Content contained on this Web Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Disclaimer and Limitation of Liability
THE COMPANY’S WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS.” THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE COMPANY’S WEB SITE, ITS OPERATION, CONTENTS, INFORMATION, INCLUDING THE ACCURACY THEREOF. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, THE COMPATIBILITY OF YOUR EQUIPMENT, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE USE OF THE WEB SITE IS AT YOUR OWN RISK. YOU AGREE THAT THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DELAYS OR OUTAGES WITH RESPECT TO THE WEB SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. We reserve the right to change any and all Content contained on this Web Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
As a condition of use of this Web Site, User agrees to indemnify the Company and its content providers, licensors, service providers and contractors (the "indemnified Parties") from and against any and all liabilities, expenses (including attorneys' fees), damages, judgments, awards, and costs arising out of claims resulting from User's use of the Web Site, including without limitation any claims alleging facts that if true would constitute a breach by You of the Terms and Conditions. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.
User agrees that any materials, including but not limited to water stop route information, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by User in the form of e-mail or submissions to the Company, or postings, including address postings, on the Web site, are non-confidential. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to User. The submission of any materials to the Company, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. User understands that the Company shall not verify the accuracy of any such information posted on the Web Site and User shall indemnify and hold Company harmless with respect to any claims resulting from another User’s reliance on such information. User will not submit any of the following material to the Company, or post it on the Web site:
The Company reserves the right to monitor Forums to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, User remains solely responsible for the content of its postings. User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any posting on the Forums. User will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion, deems offensive.
Jurisdiction and Venue
This site is created and controlled by Company in the State of Tennessee, USA. You agree that any legal action brought against the Company shall be governed by the laws of the State of Tennessee without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from Your use of the Web Site shall be an appropriate federal or state court located in Memphis, Tennessee.
You acknowledge that You have read these Terms and Conditions, understand it, and that by using this Web Site You agree to be bound by its Terms and Conditions. You further agree that it is the complete and exclusive statement of the agreement between the Company and You, which supersedes any proposal or prior agreement, oral or written, and any other communication between the Company and You relating to the subject matter of this agreement. No variation of the terms of this agreement or any different terms will be enforceable against the Company unless the Company gives its express consent, including an express waiver of the terms of this agreement, in a writing signed by an officer of the Company. You assume full responsibility for the content of this Web Site legally, and responsibly. You further agree to pay any reasonable attorney’s fees incurred by the Company as a result of a breach by You of these Terms and Conditions.