These Terms of Service help define our relationship with you as you interact with our services. Understanding them is important because, to use our services, you must accept these terms.
Your use of the Site is subject to the terms and conditions of this Agreement. In addition, as set forth more fully below, any purchase of goods or services from TACACS.net, including through the Site, shall be subject to such additional terms and conditions as may be set forth in any exhibitor kit (whether in electronic or other forms), associated with the event for which such purchase is made (the “Customer Service Agreement”).
1. THE SITE
For purposes of this Agreement, “Site” means any TACACS.net website, application, software, program, platform, tool, digital channel, and/or the Content (defined below), together with and including, all of the hardware, software, code, interfaces and connectivity used to operate and maintain same. For the purpose of this Agreement, “Content” means any of the text, data, illustrations, images, graphics, photographs, audio, video, and audio-video clips, and all of the other information and materials made available through the Site.
2. CUSTOMER SERVICE AGREEMENT
The Customer Service Agreement, as such may be amended from time to time by TACACS.net, govern all orders submitted to TACACS.net for any goods or services, including all orders placed through the Site. To review the current Customer Service Agreement, click here. In the event of a conflict between the terms and conditions set forth in the Customer Service Agreement and the terms and conditions set forth in this Agreement, the terms and conditions set forth in the Customer Service Agreement shall take precedence over any conflicting terms and conditions set forth in this Agreement.
(a) As between you and TACACS.net, TACACS.net owns all right, title, and interest in and to the Site, including all copyrights, patent rights, trademark rights, trade secret rights, rights in know-how, and all other intellectual property rights therein or appurtenant thereto. No right, title, or interest in or to the Site is transferred to you under this Agreement, nor by virtue of your use of the Site.
(b) The entire Content of the Site is copyrighted under United States law and if applicable, Canadian law and international copyright laws and treaty provisions. The copyrights in the Content of the Site are owned by TACACS.net or by third parties who have licensed their materials to TACACS.net. The Content of the Site is copyrighted as a collective work under United States copyright law and, if applicable, Canadian law and international copyright laws and treaties, and TACACS.net own the copyright in the selection, coordination, arrangement, and enhancement of the Content.(c) All of the trademarks, service marks, and logos (collectively, “trademarks”) displayed on the Site belong exclusively to TACACS.net or their respective owners and may not be reproduced, displayed, or used without the written permission of the trademark owner. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any of the trademarks. You are strictly prohibited from misusing any of the trademarks or other materials on the Site.
4. ADDITIONAL RESTRICTIONS
(a) You shall not: (i) delete or modify any copyright or trademark notices or language of attribution; (ii) publish, perform, display or post any part of the Site on any other Internet site or any networked computer environment; or (iii) publish, perform publicly, display publicly or broadcast any part of the Site in or on any other media.
(b) You shall not use the Site for any purpose that is unlawful or prohibited by this Agreement. You shall not use the Site in any manner that could damage, disable, overburden or impair any TACACS.net server or any network connected to any TACACS.net server, or interfere with others’ use and enjoyment of any part of the Site. You shall not attempt to gain unauthorized access to the Site or other accounts, computer systems, or networks, including through hacking, password mining, or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.(c) In no event shall you sell, resell, or exploit for any commercial purposes, all or any part of the Site, or access to or use of the Site. You shall not use any “robot,” “spider” or other automatic devices, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any part of the Site. TACACS.net does not permit or authorize the use of or access to the Site to collect, compile, harvest, or obtain any information about others, including others’ e-mail addresses. You shall not alter the Site or use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
You represent and warrant that: (a) you are at least 13 years of age; and (b) you possess the legal right, capacity, and authority to enter into this Agreement on your behalf and, if applicable, the corporation or other legal entity on whose behalf you are accessing the Site and to bind you and such corporation or other legal entity, to this Agreement.
6. GOOD AND SERVICE DESCRIPTIONS
TACACS.net and its affiliates attempt to be as accurate as possible. However, TACACS.net does not warrant that product or service descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free.
8. ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails, short message service, or other digital communications to TACACS.net, you are communicating with TACACS.net electronically. Unless otherwise governed by jurisdictional regulation or statute, you consent to receive communications from TACACS.net electronically. TACACS.net may communicate with you by e-mail, short message service, or by posting notices on the Site or any of its digital channels. You agree that all agreements, notices, disclosures, and other communications that TACACS.net provides to you electronically satisfy any legal requirement that such communications be in writing.
9. CHANGE OR DENY ACCESS
TACACS.net reserves the right, at any time with or without prior notice, to change the Site, limit access to the Site, or shut down the Site.
10. DISCLAIMER OF WARRANTIES
(a) TACACS.NET, ITS AFFILIATES, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY CONTENT ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TACACS.NET, ITS AFFILIATES, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.(b) TACACS.NET MAKES NO PROMISE, COVENANT, REPRESENTATION, WARRANTY OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE OR THAT THE SITE OR ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR TACACS.NET WILL BE APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU MAY PUT THEM. TACACS.NET, ITS AFFILIATES, AND ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS, THE CONTENT, OR ANY DIGITAL COMMUNICATIONS SENT FROM TACACS.NET ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS.
(c) TACACS.NET, ITS AFFILIATES, AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT REPRESENT OR WARRANT THAT THE SITE, DIGITAL COMMUNICATIONS, OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, RELIABLE, AVAILABLE, CURRENT, COMPLETE, ACCURATE, VIRUS-FREE OR SECURE. TACACS.NET CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT ANY ELECTRONIC COMMUNICATIONS (INCLUDING VIA THE SITE, E-MAIL OR SHORT MESSAGE SERVICE) OR ANY ELECTRONIC COMMERCE CONDUCTED ON OR THROUGH THE SITE, IS OR WILL BE SECURE.(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
(a) YOUR USE OF THE SITE, DIGITAL COMMUNICATION ALERTS, AND THE CONTENT ARE AT YOUR SOLE RISK. IN NO EVENT SHALL TACACS.NET, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING FOR ANY LOSS OF DATA, PRIVACY, SECURITY, GOODWILL, REVENUE OR PROFITS, COSTS OF LOST OR DAMAGED DATA, OR LIABILITIES TO THIRD PARTIES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE SITE, DIGITAL COMMUNICATIONS OR THE CONTENT, INCLUDING (I) ANY USE OF , OR RELIANCE ON, THE SITE, DIGITAL COMMUNICATIONS, THE CONTENT, OR GOODS OR SERVICES ACCESSIBLE, ACCESSED OR USED ON OR THROUGH THE SITE, (II) ANY FAILURE OR DELAY (INCLUDING THE USE OF OR INABILITY TO USE ANY PART OF THE SITE, DIGITAL COMMUNICATIONS OR THE CONTENT FOR TAKING ORDERS), OR (III) THE PERFORMANCE OR NON -PERFORMANCE BY TACACS.NET OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING NON -PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION.(b) TACACS.NET AND ITS AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES OR OTHER CODE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OR ACCESS TO THE SITE, DIGITAL COMMUNICATIONS, THE CONTENT OR ANY OTHER SITE.
You shall defend, indemnify and hold harmless TACACS.net, its affiliates, and any third-party providers and distributors, and its and their officers, directors, employees, and agents from and against all claims, causes of action or demands, suits or other proceedings, including reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Site, digital communications or the Content. You further agree to defend, indemnify and hold harmless TACACS.net, its affiliates, and any third-party providers and distributors, and its and their officers, directors, employees, and agents, from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party due to or arising out of materials or information you submit, post to or transmit through the Site, your access to and use of the Site, digital communications, the Content, and other materials, goods and services available on or through the Site and TACACS.net, your violation of this Agreement or your violation of any rights of others. All rights and duties of indemnification that are set forth herein shall survive the termination of this Agreement.
The Site contains links to other websites and digital channels. Such links are provided solely as a convenience to you and not as an endorsement by TACACS.net, its affiliates, or any third party providers or distributors, of such other Web sites and digital channels, including any related materials or information. None of TACACS.net, its affiliates, or any third party provider or distributor shall be responsible or liable for any other Web sites or digital channels and make no representation or warranty regarding any other Web sites, digital channels, or the materials or information on such Web sites or digital channels. Your use of any such other Web sites or digital channels is at your own risk. You agree that you will bring no suit or claim against TACACS.net, its affiliates, or any third party providers or distributors, arising from or based on your use of, or the offer or purchase of goods or services on or through, such other Web sites or digital channels.
14. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement should be sent to the TACACS.net Legal Department as the copyright agent by (i) mail at 2051 Junction Ave Ste 218, San Jose, CA, 95131; (ii) telephone at (408) 854-8182; or (iii) email at compliance@TACACS.net.
The relationship between TACACS.net and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees, or agents of the other.
16. Legal Compliance/Export Restrictions
Software from this Site may be subject to United States Export Controls. No software from this Site may be downloaded or exported to a national or resident of any country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
17. GOVERNING LAW; JURISDICTION
THIS AGREEMENT AND ITS PERFORMANCE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS. YOUR CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA, UNITED STATES OF AMERICA, IN ALL QUESTIONS AND CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE OR THE CONTENT. You must bring any claim or cause of action arising from or relating to this Agreement, the Site, or the Content within two (2) years from the date on which such claim or action arose or accrued.
18. ATTORNEY’S FEES
If TACACS.net or its affiliates take any action to enforce this Agreement, such parties will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
19. INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to TACACS.net as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that TACACS.net shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by TACACS.net in obtaining such an injunction, including reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such an injunction.
TACACS.net may, in its sole discretion, terminate this Agreement at any time for any or no reason, with or without prior notice. Without limiting the foregoing, TACACS.net may terminate this Agreement if, in its sole discretion, you fail to comply with any of the terms of this Agreement. Any termination of this Agreement shall not affect any right to relief to which TACACS.net, its affiliates, and any third-party providers and distributors may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will immediately terminate and revert to TACACS.net, its affiliates, and any third-party providers or distributors, as applicable and you shall immediately cease all of the Site and the Content. The provisions of this Agreement which by their express or implied terms extend beyond the termination of this Agreement shall continue in full force and effect notwithstanding the termination of this Agreement, including any disclaimer of warranties, limitations of liability, indemnification, ownership, and restrictions on use.
You shall not assign, convey, subcontract, or delegate this Agreement or any rights, duties, or obligations hereunder. TACACS.net may freely assign, convey, subcontract, or delegate this Agreement or any rights, duties, and obligations hereunder. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors, assign heirs, and legal representatives.
TACACS.net has the right to update this Agreement from time to time and may amend it at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that TACACS.net may make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including by posting a revised version of this Agreement or other notice on the Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or the Site and its Content, at any time with or without prior notice to you.
23. ADDITIONAL TERMS
Additional terms and conditions, licenses, and obligations may apply to purchases of goods and services and other uses of portions of the Site, and you agree to abide by any such other terms and conditions may apply to purchases of goods and services and other uses of portions of the Site, and you agree to abide by any such other terms and conditions.
These terms and conditions shall be deemed severable. If any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
TACACS.net’s failure at any time to require performance of any provision of this Agreement or to exercise any right provided for in this Agreement shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by TACACS.net of any breach of any provision of this Agreement, or of any right provided for in this Agreement shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. As used in this Agreement, “including” shall mean “including, but not limited to”.
27. ENTIRE AGREEMENT