user agreement
TenderTidings.com is a service that allows Members to organize family events, exchange valuable information with the Member's child's caregiver and provides a secure web-based platform from which Members are able to securely view their child via encrypted real-time streaming video from any computer with an internet connection. The services offered by Tender Tidings, Inc. ("Tender Tidings" or "we") include the Tender Tidings website (the "Tender Tidings Website"), the Tender Tidings email messaging service, and any other features, content, or applications offered from time to time by Tender Tidings in connection with the Tender Tidings Website (collectively, the "Tender Tidings Services"). The Tender Tidings Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Tender Tidings Services. By becoming a "Member" of Tender Tidings (which means that you have registered with Tender Tidings), you agree to be bound by this Agreement. You are only authorized to use the Tender Tidings Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you wish to become a Member and make use of the Tender Tidings Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Tender Tidings's policy for acceptable use of the Tender Tidings Services and Content posted on the Tender Tidings Website, your rights, obligations and restrictions regarding your use of the Tender Tidings's Services and Tender Tidings's Privacy Policy. In order to participate in certain Tender Tidings Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Tender Tidings Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@tendertidings.com, Subject: Terms of Use Agreement.
Tender Tidings may modify this Agreement from time to time and such modification shall be effective upon posting by Tender Tidings on the Tender Tidings Website. You agree to be bound to any changes to this Agreement when you use the Tender Tidings Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Tender Tidings reserves the right, in its sole discretion, to reject, refuse to stream video to you, or to restrict, suspend, or terminate your access to all or any part of the Tender Tidings Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and Membership in the Tender Tidings Services is void where prohibited. By using the Tender Tidings Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) your use of the Tender Tidings Services does not violate any applicable law or regulation; (e) you have never committed, been arrested for, charged or convicted of any crime of moral turpitude including any offense against minors. Your profile may be deleted and your Membership may be terminated without warning, if we believe that any of the above provisions apply.
2. Term. This Agreement shall remain in full force and effect while you use the Tender Tidings Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Billing. By using the Tender Tidings Services, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, along with any applicable tax and any other charges you may incur in connection with your use of the Tender Tidings Services. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter unless and until you cancel your Membership. We will automatically bill your Payment Method on the anniversary calendar day corresponding to the commencement of your Membership according to the subscription term you have selected. In the event your Membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st and selected a monthly subscription term, your Payment Method would next be billed on February 28th. Your Payment Method will be authorized for approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your two-week free trial period. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "My Account" button, available at the top of the pages of the Tender Tidings Website. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
4. Automatic Renewals. Your Tender Tidings subscription will be automatically renewed. We will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your Membership before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
5. Cancellation. You may cancel your subscription to Tender Tidings at anytime, and cancellation will be effective immediately, unless your subscription is the "Complete Package - Extended," in which case cancellation will be effective upon: (i) your return and our receipt of the Axis 207w wireless camera in working condition and in substantially the same condition in which you received it from Tender Tidings; or (ii) your payment in full of any remaining outstanding balance of the required 12 month subscription, upon our receipt of which you take ownership of the Axis 207w wireless camera. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, email Tender Tidings your Membership information to termination@tendertidings.com, Subject: Termination. We reserve the right to terminate your Membership for any or no reason.
6. Fees. You acknowledge that Tender Tidings charges a fee for the Tender Tidings Services and has the right to change its fees from time to time in its discretion.
7. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, user name, or password of another Member at any time or to disclose your password to any third party. You agree to notify Tender Tidings immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
8. Proprietary Rights in Content on Tender Tidings's Website.
i. Tender Tidings does not claim any ownership rights in the text, images, photos, video, sounds, works of authorship, or any other materials (collectively, "Content") that you post to the Tender Tidings Services. After posting your Content to the Tender Tidings Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
ii. You represent and warrant that: (i) you own the Content posted by you on or through the Tender Tidings Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Tender Tidings Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all fees, and any other monies owing any person by reason of any Content posted by you to or through the Tender Tidings Services.
iii. The Tender Tidings Services contain Content of Tender Tidings ("Tender Tidings Content"). Tender Tidings Content is protected by copyright, trademark, patent, trade secret and other laws, and Tender Tidings owns and retains all rights in the Tender Tidings Content and the Tender Tidings Services. Tender Tidings hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Tender Tidings Content (excluding any software code) solely for your personal use in connection with viewing the Tender Tidings Website and using the Tender Tidings Services.
9. Content Posted.
i. Tender Tidings may delete any Content that in the sole judgment of Tender Tidings violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Tender Tidings assumes no responsibility for monitoring the Tender Tidings Services for inappropriate Content or conduct.
ii. You are solely responsible for the Content that you post on or through any of the Tender Tidings Services. Tender Tidings does not endorse and has no control over the Content. Content is not reviewed by Tender Tidings. Tender Tidings makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
10. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Tender Tidings Services. Tender Tidings reserves the right to take appropriate legal action against anyone who, in Tender Tidings's sole discretion, violates this provision, including without limitation, removing the offending communication from the Tender Tidings Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Tender Tidings:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. exploits people in a sexual or violent manner;
iv. contains nudity, violence, or offensive subject matter;
v. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vi. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone's privacy;
vii. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
viii. includes a video or photograph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the Tender Tidings Website and through your use of the Tender Tidings Services. Tender Tidings reserves the right to investigate and take appropriate legal action against anyone who, in Tender Tidings's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
ix. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, sending of viruses or other harmful files, or theft of trade secrets;
x. interfering with, disrupting, or creating an undue burden on the Tender Tidings Services or the networks or services connected to the Tender Tidings Services;
xi. attempting to impersonate another Member or person;
xii. selling or otherwise transferring your Membership;
xiii. using any information obtained from the Tender Tidings Services in order to harass, abuse, or harm another person;
xiv. using the Tender Tidings Services in a manner inconsistent with any and all applicable laws and regulations.
11. Privacy. Use of the Tender Tidings Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. Tender Tidings is not responsible for any incorrect or inaccurate Content posted on the Tender Tidings Website or in connection with the Tender Tidings Services, whether caused by Members of the Tender Tidings Services or by any of the equipment or programming associated with or utilized in the Tender Tidings Services. Tender Tidings is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Tender Tidings. Tender Tidings takes no responsibility for third party advertisements which are posted on this Tender Tidings Website or through the Tender Tidings Services, nor does it take any responsibility for the goods or services provided by its advertisers. Tender Tidings is not responsible for the conduct, whether online or offline, of any Member of the Tender Tidings Services. Tender Tidings assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member or Member communication. Tender Tidings is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Tender Tidings Services or combination thereof, including any injury or damage to Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Tender Tidings Services.
13. Limitation on Liability. IN NO EVENT SHALL TENDERTIDINGS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TENDER TIDINGS SERVICES OR THE TENDER TIDINGS WEBSITE, EVEN IF TENDER TIDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TENDER TIDINGS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TENDER TIDINGS FOR THE TENDER TIDINGS SERVICES DURING THE TERM OF MEMBERSHIP.
14. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement. WFDF Online reserves all rights not expressly granted here.
15. Disputes. If there is any dispute about or involving the Tender Tidings Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Dallas. Either Tender Tidings or you may demand that any dispute between Tender Tidings and you about or involving the Tender Tidings Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Dallas, Texas, USA, provided that the foregoing shall not prevent Tender Tidings from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold Tender Tidings, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Tender Tidings Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Tender Tidings Website or through the Tender Tidings Services causes Tender Tidings to be liable to another.
17. Other. This Agreement is accepted upon your use of the Tender Tidings Website or any of the Tender Tidings Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Tender Tidings regarding the use of the Tender Tidings Services. The failure of Tender Tidings to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Tender Tidings is a trademark of Tender Tidings, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@tendertidings.com with any questions regarding this Agreement.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Tender Tidings Services. By becoming a "Member" of Tender Tidings (which means that you have registered with Tender Tidings), you agree to be bound by this Agreement. You are only authorized to use the Tender Tidings Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you wish to become a Member and make use of the Tender Tidings Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Tender Tidings's policy for acceptable use of the Tender Tidings Services and Content posted on the Tender Tidings Website, your rights, obligations and restrictions regarding your use of the Tender Tidings's Services and Tender Tidings's Privacy Policy. In order to participate in certain Tender Tidings Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Tender Tidings Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@tendertidings.com, Subject: Terms of Use Agreement.
Tender Tidings may modify this Agreement from time to time and such modification shall be effective upon posting by Tender Tidings on the Tender Tidings Website. You agree to be bound to any changes to this Agreement when you use the Tender Tidings Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Tender Tidings reserves the right, in its sole discretion, to reject, refuse to stream video to you, or to restrict, suspend, or terminate your access to all or any part of the Tender Tidings Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and Membership in the Tender Tidings Services is void where prohibited. By using the Tender Tidings Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) your use of the Tender Tidings Services does not violate any applicable law or regulation; (e) you have never committed, been arrested for, charged or convicted of any crime of moral turpitude including any offense against minors. Your profile may be deleted and your Membership may be terminated without warning, if we believe that any of the above provisions apply.
2. Term. This Agreement shall remain in full force and effect while you use the Tender Tidings Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Billing. By using the Tender Tidings Services, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, along with any applicable tax and any other charges you may incur in connection with your use of the Tender Tidings Services. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter unless and until you cancel your Membership. We will automatically bill your Payment Method on the anniversary calendar day corresponding to the commencement of your Membership according to the subscription term you have selected. In the event your Membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st and selected a monthly subscription term, your Payment Method would next be billed on February 28th. Your Payment Method will be authorized for approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your two-week free trial period. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "My Account" button, available at the top of the pages of the Tender Tidings Website. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
4. Automatic Renewals. Your Tender Tidings subscription will be automatically renewed. We will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your Membership before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
5. Cancellation. You may cancel your subscription to Tender Tidings at anytime, and cancellation will be effective immediately, unless your subscription is the "Complete Package - Extended," in which case cancellation will be effective upon: (i) your return and our receipt of the Axis 207w wireless camera in working condition and in substantially the same condition in which you received it from Tender Tidings; or (ii) your payment in full of any remaining outstanding balance of the required 12 month subscription, upon our receipt of which you take ownership of the Axis 207w wireless camera. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, email Tender Tidings your Membership information to termination@tendertidings.com, Subject: Termination. We reserve the right to terminate your Membership for any or no reason.
6. Fees. You acknowledge that Tender Tidings charges a fee for the Tender Tidings Services and has the right to change its fees from time to time in its discretion.
7. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, user name, or password of another Member at any time or to disclose your password to any third party. You agree to notify Tender Tidings immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
8. Proprietary Rights in Content on Tender Tidings's Website.
i. Tender Tidings does not claim any ownership rights in the text, images, photos, video, sounds, works of authorship, or any other materials (collectively, "Content") that you post to the Tender Tidings Services. After posting your Content to the Tender Tidings Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
ii. You represent and warrant that: (i) you own the Content posted by you on or through the Tender Tidings Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Tender Tidings Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all fees, and any other monies owing any person by reason of any Content posted by you to or through the Tender Tidings Services.
iii. The Tender Tidings Services contain Content of Tender Tidings ("Tender Tidings Content"). Tender Tidings Content is protected by copyright, trademark, patent, trade secret and other laws, and Tender Tidings owns and retains all rights in the Tender Tidings Content and the Tender Tidings Services. Tender Tidings hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Tender Tidings Content (excluding any software code) solely for your personal use in connection with viewing the Tender Tidings Website and using the Tender Tidings Services.
9. Content Posted.
i. Tender Tidings may delete any Content that in the sole judgment of Tender Tidings violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Tender Tidings assumes no responsibility for monitoring the Tender Tidings Services for inappropriate Content or conduct.
ii. You are solely responsible for the Content that you post on or through any of the Tender Tidings Services. Tender Tidings does not endorse and has no control over the Content. Content is not reviewed by Tender Tidings. Tender Tidings makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
10. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Tender Tidings Services. Tender Tidings reserves the right to take appropriate legal action against anyone who, in Tender Tidings's sole discretion, violates this provision, including without limitation, removing the offending communication from the Tender Tidings Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Tender Tidings:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. exploits people in a sexual or violent manner;
iv. contains nudity, violence, or offensive subject matter;
v. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vi. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone's privacy;
vii. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
viii. includes a video or photograph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the Tender Tidings Website and through your use of the Tender Tidings Services. Tender Tidings reserves the right to investigate and take appropriate legal action against anyone who, in Tender Tidings's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
ix. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, sending of viruses or other harmful files, or theft of trade secrets;
x. interfering with, disrupting, or creating an undue burden on the Tender Tidings Services or the networks or services connected to the Tender Tidings Services;
xi. attempting to impersonate another Member or person;
xii. selling or otherwise transferring your Membership;
xiii. using any information obtained from the Tender Tidings Services in order to harass, abuse, or harm another person;
xiv. using the Tender Tidings Services in a manner inconsistent with any and all applicable laws and regulations.
11. Privacy. Use of the Tender Tidings Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. Tender Tidings is not responsible for any incorrect or inaccurate Content posted on the Tender Tidings Website or in connection with the Tender Tidings Services, whether caused by Members of the Tender Tidings Services or by any of the equipment or programming associated with or utilized in the Tender Tidings Services. Tender Tidings is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Tender Tidings. Tender Tidings takes no responsibility for third party advertisements which are posted on this Tender Tidings Website or through the Tender Tidings Services, nor does it take any responsibility for the goods or services provided by its advertisers. Tender Tidings is not responsible for the conduct, whether online or offline, of any Member of the Tender Tidings Services. Tender Tidings assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member or Member communication. Tender Tidings is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Tender Tidings Services or combination thereof, including any injury or damage to Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Tender Tidings Services.
13. Limitation on Liability. IN NO EVENT SHALL TENDERTIDINGS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TENDER TIDINGS SERVICES OR THE TENDER TIDINGS WEBSITE, EVEN IF TENDER TIDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TENDER TIDINGS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TENDER TIDINGS FOR THE TENDER TIDINGS SERVICES DURING THE TERM OF MEMBERSHIP.
14. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement. WFDF Online reserves all rights not expressly granted here.
15. Disputes. If there is any dispute about or involving the Tender Tidings Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Dallas. Either Tender Tidings or you may demand that any dispute between Tender Tidings and you about or involving the Tender Tidings Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Dallas, Texas, USA, provided that the foregoing shall not prevent Tender Tidings from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold Tender Tidings, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Tender Tidings Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Tender Tidings Website or through the Tender Tidings Services causes Tender Tidings to be liable to another.
17. Other. This Agreement is accepted upon your use of the Tender Tidings Website or any of the Tender Tidings Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Tender Tidings regarding the use of the Tender Tidings Services. The failure of Tender Tidings to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Tender Tidings is a trademark of Tender Tidings, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@tendertidings.com with any questions regarding this Agreement.
