Web Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
1. Definitions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements.
"Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
"The Company", “Ourselves”, “We” and "Us", refers to our Company.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
You are the "Account Owner" and any other users you authorize will be deemed "Authorized Users."
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Texas Law.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
If you register with our website, submit any material to our website or use any of our website products or services, we will ask you to expressly agree to these terms and conditions.
2. Site Registration
You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the Site, and agree to update such information if it changes.
3. Information Collected:
3.1 The Company collects personal information when you register with I Am Tilde, when you use Company’s products or services, when you visit our pages or the pages of certain affiliated partners, and when you enter promotions or sweepstakes. The Company may combine information about you that we have with information we obtain from business partners or other companies.
3.2 When you register, we will ask for information such as your name, email address, birth date, gender, ZIP code, occupation, industry, and personal interests.
3.3 The Company also collects information about your transactions with us and with some of our business partners, including information about your use of the products and services that we offer.
3.4 Log Files: We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
3.5 Cookies: this Company’s website/ISP uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
4. Privacy Statement
4.1 The Company uses information for the following general purposes: to customize the advertising and content, fulfil your requests for products and services, improve our services, conduct research, and provide anonymous reporting for internal and external clients.
4.2 The Company is committed to protecting user’s privacy. We will not rent, sell, or share personal information with any third party, or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
i. We provide the information to trusted partners who work on behalf of or with I Am Tilde under confidentiality agreements. These companies may use your personal information to help us communicate with you about offers from I Am Tilde and our marketing partners. However, these companies do not have any independent right to share this information.
ii. We respond to subpoenas, court orders, or legal process (such as law enforcement requests), or to establish or exercise our legal rights or defend against legal claims.
iii. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Yahoo's terms of use, or as otherwise required by law.
iv. We transfer information about you if I Am Tilde is acquired by or merged with another company. In this event, I Am Tilde will notify you before information about you is transferred and becomes subject to a different privacy policy.
v. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
4.3 Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The private information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
5. Disclaimer: Exclusions and Limitations
5.1 Information on this web site is provided on an "as is" basis. We do not warrant or represent (a) the completeness or accuracy of the information published on our website; (b) that the material on the website is up to date; or (c) that the website or any service on the website will remain available.
5.2 Links from this website: We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
5.3 To the fullest extent permitted by law, this Company:
a. disclaims all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
b. excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
6. Fee Payment
6.1 Fee Schedule. Once you have completed any applicable free trial period or exceeded any limits described on the applicable fee schedule (the "Fee Schedule"), you will be subject to fees in accordance with any applicable Fee Schedule. Applicable fees will be billed monthly or your pre-paid account will be debited monthly for the Products, even if you are not actively using the Products. The applicable Fee Schedule is subject to change at any time in our sole discretion, and if you do not agree to any such changes, you should contact us to cancel your account. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the applicable Fee Schedule, but you are responsible for reviewing the applicable Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. You acknowledge and agree that our measurements are the definitive measurements for payment due and owed hereunder.
6.2 Payment. Payment for the Products and Services will be made in advance by a valid credit card accepted by us. Checks will be accepted for prepayments of at least six months. If the monthly payment option is selected or if you have previously provided us with your credit card for payment, you hereby authorize us to charge your credit card for such amounts on a regular monthly basis beginning at the end of any applicable free trial period and continuing until such time as your account is terminated. If we are for any reason unable to effect automatic payment by credit card, we will attempt to notify you by email and your I Am Tilde account may be disabled until payment is received.
6.3 Taxes. We determine your local taxing jurisdiction based on the billing address that you list in the "My Account" section of your I Am Tilde account. You agree to be responsible for and to pay any sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this Agreement, use or possession of the Site or the Products or your products or services (except for taxes based on net income payable by us).
7. Breach of the Terms and Conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
a. send you one or more formal warnings;
b. temporarily suspend your access to our website;
c. permanently prohibit you from accessing our website;
d. block computers using your IP address from accessing our website;
e. contact any or all your internet service providers and request that they block your access to our website;
f. commence legal action against you, whether for breach of contract or otherwise; and/or
g. suspend or delete your account on our website.
Notwithstanding anything set forth herein to the contrary, any disputes under this Agreement must be submitted to us in writing within 60 days of the date such disputes are incurred. You agree to waive all disputes not brought within the 60 day period, and all such charges will be final and not subject to challenge.
8. Termination of Agreements and Refunds Policy
Both the Client and the Company have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
9. Access and Use of the Site and the Products.
9.1 Forbidden Uses of the Website: You must not:
a. use our website in any way or take any action that causes, or may cause, in our sole discretion, damage to the website or impairment of the performance, availability or accessibility of the website;
b. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d. use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Products. If you own the document or image, you can use it outside of the Products so long as it is not hosted by us.
e. use the Site or the Products in violation of applicable law or third party rights (including third party terms of service), and shall not use the Site or the Products for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
f. access or use the Site or the Products in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site or the Products that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Site or the Products).
g. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or the Products for any unauthorized purpose;
h. restrict or inhibit any other user from enjoying and using the Site or the Products.
i. create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
9.2 Permitted Use of the Site or the Products: The Site and the Products shall be used for your personal or internal business (which includes civic or charitable) purposes only, in compliance with this Agreement (including, without limitation, Section 5 hereof) and you shall not use the Site, the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with Site, the Products or the Software, or any content, including but not limited to newsletters distributed to you by us in connection with the Products.
10. Copyright Notice and Trademark
10.1 The Site and the information it contains, are the property of I Am Tilde and, in some cases, its affiliates and licensors, and are protected by United States and international intellectual property laws. Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
10.2 This Company’s logo is a registered trademark of this Company in the United States. The brand names and specific services of this Company featured on this web site are trade marked
11. General
11.1 The laws of the State of Texas govern these terms and conditions. By accessing this website, you consent to these terms and conditions and to the exclusive jurisdiction of the Texas courts in all disputes arising out of such access.
11.2 If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
11.3 These terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
12. Notification of Changes
The company reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
13. Communication
We reserve the right to send messages to you to inform you of (a) changes or additions to the Site, the Products, this Agreement or the fee changes, (b) violations of this Agreement or actions relating to your privilege to access and use the Site or the Products, or (c) any other matter related to the Site, the Products or this Agreement. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT WE MAY CONTACT YOU VIA EMAIL TO DISCUSS THE PRODUCTS AND YOU CONSENT TO SUCH CONTACT. Upon request, we may also contact you via telephone (including by automatic dialer or prerecorded message) or text you in order to provide you with your password or other information you request.
We have several different e-mail addresses for different customer inquiries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, or facsimile.
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