TANGELO WEBSITE AND APPLICATIONS TERMS AND CONDITIONS OF USE
Tangelo, LLC ("Tangelo") provides this website (the "website" or "site"), and the software applications and/or tools (collectively, the "Applications") available on this website, for its customers and other permitted users. We've worked hard to give you the essential information here and elsewhere on our site to get you comfortable with our site and the Applications. These Terms and Conditions of Use (the "Terms and Conditions") help enable us to provide you with the information, Applications, other content and other features available through our site.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OF THE APPLICATIONS. All users of this site agree that access to and use of this site and the Applications are subject to these Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this site or the Applications.
1. Scope of Access and Related Rights: Subject to these Terms and Conditions, Tangelo grants you a limited, revocable right to access and use the Applications solely for your own use. You agree not to modify, adapt or translate the Applications, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the Applications or this website. Further, you may not reproduce all or any portion of the Applications. The Applications and this website are the intellectual property and confidential information of and are owned by Tangelo.
2. Security: You are responsible for maintaining the security of any user passwords issued to you for use with the Application. You are also responsible for the integrity and security of the operating environment from which you access the Application.
3. Payment for Applications Upgrades (If Applicable): Use of many features of the Applications is available without charge to users of this website. Upgrades of the basic Application features and related services provided by Tangelo may only be used upon payment of an applicable fee. If you want to use a feature that caries a fee, you will be prompted with further instructions at the time you sign up for such feature and you agree to pay to Tangelo the amounts, if any, specified at such time for the use of such features. The payment arrangement may consist of one or more user payment processing screens and instructions connected with the use of those other Application features. Required payments, if any, shall also be made in the manner and at the times specified in such payment arrangement.
4. Website and Applications Updates: Tangelo may, from time to time, update the Applications and this website, which updating shall be at Tangelo's sole discretion. Tangelo shall have the right at any time, in its sole and absolute discretion, to modify or delete features and to change the operating interface in the Applications, or to change the hardware and computer system specifications necessary or recommended to operate or access the website and/or Applications. Tangelo does not warrant the level of performance of the Applications, that newer versions of the website or Applications will continue to be accessible in a user.s specific operating environment unless that environment conforms with the specifications applicable to such new version, or that earlier versions of the website or Applications will continue to be accessible upon release of newer versions.
5. Termination: Tangelo may terminate your access to this website and the Applications at any time (provided that if you have paid for upgraded access to certain features of the Applications or this website, then upon the expiration of the period of time through which you have made payment for such access rights). In addition, your access rights to use this website and the Applications may also be terminated if you fail to comply with these Terms and Conditions. You agree that Tangelo will not be liable to you or any third party for any termination of your use of this website or the Applications as a result of your failure to comply with these Terms and Conditions. If your use of our site is terminated for any reason, the provisions relating to Copyrights, Trademark, Warranty Disclaimers, Limitations of Liability, Indemnification and Miscellaneous, shall survive any such termination.
6. Warranty Disclaimers: THIS SITE AND THE APPLICATIONS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TANGELO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS SITE, THE APPLICATIONS OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TANGELO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE APPLICATIONS OR THE SERVER THAT MAKES THE SITE AND APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TANGELO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitations of Liability: TANGELO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE APPLICATIONS, THE PERFORMANCE OR USE OF THIS WEBSITE, THE APPLICATIONS, OR ANY INFORMATION OR PRODUCTS AVAILABLE THROUGH THIS SITE, EVEN IF TANGELO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Copyright: The Applications and the entire contents included in this site, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of Tangelo, LLC. Copyright 2009 Tangelo, LLC, with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded from the site. Tangelo also respects the rights of others who hold copyrights in creative works, and use of this website is subject to our Copyright Policy, which is accessible by clicking here.
10. Trademarks: All trademarks, service marks and trade names and logos of Tangelo used in this site are trademarks or registered trademarks of Tangelo. Other marks used on this site that have been posted by Tangelo are the property of their respective owners and are used on this website under permission. You should not post any trademarks, service marks, trade names or logos of any person or entity unless you are authorized to do so.
12. Restrictions and Disclaimer Concerning User Content: Tangelo does not assume any responsibility to review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Tangelo is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Tangelo reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Tangelo in its sole discretion.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tangelo or other employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
13. Indemnification: You agree to indemnify, defend, and hold harmless Tangelo, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site or the Applications using your user account.
14. Third-Party Links: In an attempt to provide increased value to our visitors, Tangelo may link to sites operated by third parties. However, even if the third party is affiliated with Tangelo, Tangelo has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tangelo. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tangelo seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
15. Notice and Address: Tangelo may deliver notices to you concerning your activities on this site by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Tangelo.
Tangelo's mailing address is as follows:
3600 Haven Ave. #5
Redwood City, CA 94063
16. Miscellaneous: Your use of this site and the Applications shall be governed in all respects by the laws of the State of Georgia, U.S.A., without regard to choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site or the Applications shall be in the state or federal courts located in Fulton County, Georgia. Any cause of action or claim you may have with respect to the site or the Applications must be commenced within one (1) year after the claim or cause of action arises. Tangelo's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Tangelo may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
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These Terms and Conditions of Use were last updated on August 22, 2011.