2. The TAPLOCAL Services
The TAPLOCAL Services consist of the transmission to your cell phone of discounts, promotions, coupons, promotional codes, giveaways, samples, offers for software downloads, and offers for the sale of goods and services (collectively, “Merchant Offerings”) directly to you from merchants that have entered into an agreement with TAPLOCAL (“TAPLOCAL Merchants”). You may also have access to various TAPLOCAL websites (“TAPLOCAL Sites”) to update, modify or delete personal and account information, take surveys, provide feedback, or to learn more about Merchant Offerings available to you. The provision of Merchant Offerings from TAPLOCAL Merchants constitutes the “TAPLOCAL Services”.
The TAPLOCAL Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. We transmit messages initiated by the TAPLOCAL Merchants and the contents of those messages are the responsibility of the TAPLOCAL Merchant who initiated the message through TAPLOCAL. Any discrepancies or errors are those of the merchant and your recourse if you are dissatisfied with the Merchant Offerings is with the TAPLOCAL Merchant who initiated the message containing the Merchant Offerings.
The TAPLOCAL Services may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You agree to use the TAPLOCAL Services in accordance with all applicable guidelines and all laws of the jurisdiction in which you use the Services.
3. Usage Policy
As a condition of your use of the TAPLOCAL Services, you agree that:
• You have reached the age of majority in the state or province in which you reside;
• You are able to create a binding legal obligation;
• You are not barred from receiving products or services under applicable law;
• You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
• You will only make purchases for your own use and enjoyment or as a gift for another person;
• You have the right to provide any and all information you submit to TAPLOCAL, and all such information is accurate, true, current, and complete;
• You will update and correct information you have submitted to TAPLOCAL and ensure that it is accurate at all times (out-of-date information will invalidate your account).
TAPLOCAL retains the right, at our sole discretion, to deny use of the TAPLOCAL Services to anyone at any time and for any reason. While we use reasonable efforts to keep the TAPLOCAL Services accessible, they may be unavailable from time to time. You understand and agree that there may be interruptions in the TAPLOCAL Services due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
Attempting to do or actually doing any of the following:
o Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
o Scanning or monitoring the TAPLOCAL communications or websites for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
o Scanning or testing the security or configuration of a TAPLOCAL website or breaching security or authentication measures; or
o Interfering with service to any user in any manner, including, without limitation, by means of uploading a virus or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” any TAPLOCAL or merchant website.
Engaging in any of the following:
o Tampering or interfering with the proper functioning of any functions or services provided by TAPLOCAL;
o Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
o Accessing, monitoring, or copying any content using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
o Aggregating any current or previously-offered deals or content or other information (whether using links or other technical means or physical records associated with purchases) with material from other sites or on a secondary site without our express written permission; or
o Acting illegally or maliciously against the business interests or reputation of TAPLOCAL or TAPLOCAL Merchants.
4. Your Privacy
5. Content Submission / Discussion Areas
TAPLOCAL may at its option provide you with one or more areas for online discussions (e.g. message boards, wikis, chat rooms, or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. TAPLOCAL reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. TAPLOCAL shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
6. User Content
TAPLOCAL may provide opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material (collectively, “User Content”) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered from time to time.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. TAPLOCAL makes no representations or warranties that the User Content you modify or remove will be modified or removed or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
Public Nature of Your User Content.
o You understand and agree that User Content is public. Any person (whether or not a user of TAPLOCAL’s Services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. TAPLOCAL is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
o Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by TAPLOCAL. Other users may post User Content that is inaccurate, misleading, or deceptive. TAPLOCAL does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of TAPLOCAL. TAPLOCAL does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.
o As between you and TAPLOCAL, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant TAPLOCAL a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. TAPLOCAL’s license in any User Content or Personal Information submitted includes, without limitation, use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.
o Contributing User Content or other information on or through the Site, is limited to individuals who are over the age of majority in the state or province in which they reside. The Site is designed and intended for adults. By contributing User Content or other content, you affirm that you are over the age of majority in the state or province in which they reside. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides.
7. Unsolicited Ideas
We do not accept or consider, directly or through any TAPLOCAL employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
• TAPLOCAL has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
• TAPLOCAL will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
8. Username / Password
In order to utilize certain TAPLOCAL Services, you may elect to register with TAPLOCAL in order to receive additional promotions and discounts. As part of the registration process you will need a username and/or password. You shall be responsible for maintaining the confidentiality of your password. You shall provide TAPLOCAL with accurate, complete, and regularly updated contact information. You are responsible for updating and correcting information you have submitted to create or maintain your account. You understand and agree that Groupon shall have no responsibility for any incident arising out of, or related to, your account settings. You agree to notify TAPLOCAL of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in TAPLOCAL’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
You may utilize TAPLOCAL Services without an account or without logging in to your account. If you make do so in this manner, we will create an account for you based on the information provided to us (e.g., your name, address, e-mail address, and other transaction information).
9. Express Consent to Receive Communications From TAPLOCAL
By providing your telephone number to a TAPLOCAL Merchant, TAPLOCAL has the right to contact you via calls or text messages on your home or cellular phone and you expressly consent to receive calls and messages from TAPLOCAL and its affiliates or contractors. The caller may use automatic or predictive dialers and recorded voices to contact you. To the extent you have separately agreed to receive periodic text or voice alerts on products, services, events, special offers or other promotional messages related to TAPLOCAL, TAPLOCAL may contact you pursuant to the terms of any such separate agreement.
10. Intellectual Property
Subject to the terms herein, you are permitted to use the TAPLOCAL Services, and any content provided by TAPLOCAL (which may include text, images, hosted software, sound files, video or other content, and may be provided via the TAPLOCAL Sites or otherwise) solely for the purpose of receiving information about TAPLOCAL’s business and products, purchasing and utilizing the TAPLOCAL Services, communicating with TAPLOCAL, entering prize promotions offered by TAPLOCAL, or otherwise as stated on the TAPLOCAL Sites. TAPLOCAL hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license without the right to sub-license to you to use the TAPLOCAL Services solely for the purpose of operating the TAPLOCAL Sites and using the Services.
TAPLOCAL abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by TAPLOCAL that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. TAPLOCAL does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with TAPLOCAL’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
Notice of Infringing Material
To file a notice of infringing material on a site owned or controlled by TAPLOCAL, please provide a notification containing the following details:
1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your physical or electronic signature.
Then send this notice via email to: Support@taplocalmarketing.com and type “Notice of Infringing Material” in the subject line.
11. Data Protection & Privacy
12. No Warranty; Limitation of Liability
TAPLOCAL reserves the right to modify, suspend, or discontinue the offering of any of the TAPLOCAL Services at any time for any reason without prior notice. Further, while TAPLOCAL utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the TAPLOCAL Services.
You acknowledge that messages are transmitted unencrypted and that eavesdropping of communications by third parties is possible. TAPLOCAL recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.
TAPLOCAL will not be liable for any act or omission of any other company or companies furnishing a portion of the TAPLOCAL Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors providing Merchant Offerings made to you.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE TAPLOCAL SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, TAPLOCAL DOES NOT WARRANT THAT THE USE OF THE TAPLOCAL SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL TAPLOCAL BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, TAPLOCAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE TAPLOCAL SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. TAPLOCAL MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TAPLOCAL SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OR DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE TAPLOCAL SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, TAPLOCAL IS NOT RESPONSIBLE FOR THOSE COSTS. TAPLOCAL’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE TAPLOCAL SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO TAPLOCAL HEREUNDER. TO THE EXTENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT WITH JURISDICTION TO BE UNREASONABLE OR OTHERWISE UNENFORCEABLE, TAPLOCAL’S AGGREGATE LIABILITY SHALL NOT EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO TAPLOCAL. YOU SHALL ACT AT ALL TIMES TO MITIGATE ANY LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT SHARING OF YOUR ACCOUNT INFORMATION, LOGIN INFORMATION OR PASSWORDS SHALL BE AT YOUR SOLE AND ABSOLUTE RISK AND THAT TAPLOCAL SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING AS A RESULT OF SUCH SHARING. THE FOREGOING DISCLAIMERS APPLY BOTH TO TAPLOCAL AND TO ITS THIRD-PARTY BUSINESS PARTNERS.
Some countries do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13. User Warranties; Indemnification
You agree to indemnify and hold harmless TAPLOCAL and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, exemplary or punitive damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by TAPLOCAL in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) your breach of the above warranties; (ii) any use by you, or an account or computer owned by you, of the TAPLOCAL Services; (iii) any violations or alleged violations of any federal, state or international law or regulation, or (iv) any breach of these Terms o Use. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to TAPLOCAL by you as a direct result of a violation of local, state, national or international laws and regulations, including but not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by TAPLOCAL to you.
14. Termination, Cancellation and/or Suspension by TAPLOCAL
If at any time you breach these Terms, TAPLOCAL may elect to suspend, terminate, and/or cancel your use of the TAPLOCAL Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the TAPLOCAL Services at any stage for any reason we may deem necessary to continue to provide our TAPLOCAL Services in a way that may be hindered by your status as being our customer.
The provisions regarding ownership, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of the TAPLOCAL Services.
15. Termination by the Consumer
You may terminate the TAPLocal Services by responding with the single word “STOP” in response to any communication from TAPLOCAL.
16. Force Majeure
TAPLOCAL shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of TAPLOCAL. In addition, TAPLOCAL shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.
17. Binding Arbitration and Class Action Waiver
The provisions of this paragraph apply if you live in or if you are a business your principal place of business is in the United States. We hope we never have a dispute, but if we do, the following terms apply to the resolution of that dispute. Initially, we ask that you contact one of our customer service representatives at 1-844-311-4735 or firstname.lastname@example.org. If our customer service representative is unable to resolve the dispute, you and we agree to try for 60 days to resolve it informally through phone calls, letters/emails and meetings. If we do not resolve the dispute through informal means, you and we may choose to resolve the dispute by individual binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. If either of us elects to proceed via individual binding arbitration, it shall proceed before the American Arbitration Association (“AAA”) or in such other manner as agreed to by both parties under the Federal Arbitration Act (“FAA”). A neutral arbitrator will resolve the dispute. The arbitrator’s decision will be final, except for a limited right of review under the FAA.
a. Class Action Waiver. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, NOR IS COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES.
b. Disputes Covered. The term “dispute” is interpreted as broadly possible. It includes any claim or controversy between you and us concerning the Services or use of the TAPLOCAL Sites under any legal theory including contract, warranty, tort, strict liability, statute, or regulation.
c. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to: TAPLOCALLocal. ATTN: Legal Department 2150 South Country Club Drive Suite 18 Mesa, AZ 85210. Tell us your name, address, how to contact you, what the problem is, and what you want.
d. Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or Maricopa County, Arizona, U.S.A. if you meet the court’s requirements.
e. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services or TAPLOCAL Sites for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services or Access the TAPLOCAL Sites, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the Commercial Arbitration Rules Demand for Arbitration Form available at http://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf to the AAA and mail a copy to us at the address listed in subparagraph d. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing. Any in-person hearing will take place in your county of residence (or if a business your principal place of business) or our principal place of business—Maricopa County, Arizona. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
f. Arbitration Fees and Payments.
i. If you wish to begin arbitration against us but you cannot afford to pay the filing fee, we will advance those costs if you ask us to do so in writing at the address listed in subparagraph d. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced.
ii. Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses, if you prevail at the arbitration. In addition, if you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay 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.
iii. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
g. Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
h. Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute within one year from when it first could be filed. Otherwise, it’s permanently barred.
i. You Have the Right to Reject the Class Action Waiver and Changes to the Arbitration Provisions. You may reject the Class Action Waiver provisions of this paragraph, but only if we receive from you a written notice of rejection within 30 days of your first use of the Services to the address listed in subsection d. Your rejection notice must include your name, address, phone number, email address and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. Rejection will not affect your other rights or responsibilities under this Agreement. You may also reject any change we make to this section 17 (except address changes) following your initial use of the Services by sending us notice within 30 days of the change by U.S. Mail to the address in section subsection d. If you do, the most recent version of this section 17 before the change you rejected will apply.
j. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 17 is found to be illegal or unenforceable, that provision will be severed but the rest of section 17 still applies.
k. Other Beneficiaries of this Provision. In addition to you and us, the rights and duties described in this arbitration agreement apply to: our affiliates and our and their officers, directors and employees.
18. Links to other Websites
The TAPLOCAL Sites may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by TAPLOCAL of the contents on such third-party websites. TAPLOCAL is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
TAPLOCAL cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from the TAPLOCAL Sites. TAPLOCAL does not endorse any of the products/services, nor has TAPLOCAL taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites. TAPLOCAL does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. TAPLOCAL strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
TAPLOCAL consents to links to the TAPLOCAL Sites which conform to the following: the appearance, position, and other aspects of any link to the TAPLOCAL Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by TAPLOCAL nor be such as to damage or dilute the goodwill associated with the name and trademarks of TAPLOCAL or its affiliates. TAPLOCAL reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
19. Security Rules
You are prohibited from violating or attempting to violate the security of the TAPLOCAL Sites and TAPLOCAL Services and from using the TAPLOCAL Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the TAPLOCAL Sites or Services, host or network, including, without limitation, via means of submitting a virus to the TAPLOCAL Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TAPLOCAL packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. TAPLOCAL may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the TAPLOCAL Sites who are involved in such violations.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind TAPLOCAL in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, TAPLOCAL will be entitled to recover costs and attorneys’ fees if it substantially prevails.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. TAPLOCAL may give notice to you by text message, electronic mail to your e-mail address on record in TAPLOCAL’s account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in TAPLOCAL’s account information.
Nothing contained herein limits TAPLOCAL’s ability to sell all or substantially all of its assets or assign any of its rights and obligations to a third-party without your consent.