Terms Of Use
Updated: March 23, 2024
This policy is effective immediately.
Terms and Conditions
Access to and use of the Sites and the Services owned by Tiaten Digital Marketing & Creative Advertising Agency (incl. DBA “Tiaten, Tiaten CRM”), and all content, software, materials, and other information provided thereon (collectively, the “Sites”), or of the Services (collectively, the “Subscription Services”) offered by or through the Site (the “Software”) is subject to the following Terms and Conditions of Service (the “Terms”) established by Tiaten Digital Marketing & Creative Advertising Agency, (“Tiaten Digital Marketing & Creative Advertising Agency, Tiaten, Tiaten CRM”) as well as all applicable laws. By accessing or using the Sites or the Services, you accept the Terms without limitation or qualification. Tiaten Digital Marketing & Creative Advertising Agency may at any time revise these Terms, which revised Terms shall become effective upon their posting to the Site. You are bound by such revised Terms and should therefore review these Terms from time to time. If you do not agree to these Terms or to any changes thereto as they occur, you must immediately discontinue using the Site and the Services. Tiaten Digital Marketing & Creative Advertising Agency reserves the right, without notice and for any reason, to remove any content or information from the Sites, and to deny access to the Site or Services to any user(s). Tiaten Digital Marketing & Creative Advertising Agency also reserves the right to seek all remedies available at law and in equity to enforce these Terms.
Intellectual Property Rights
The Site and the Services used are protected by copyright and other applicable intellectual property laws. Subject to these Terms, Tiaten Digital Marketing & Creative Advertising Agency grants Users a non-exclusive, revocable, non-transferable, limited right to access, use and display Tiaten Digital Marketing & Creative Advertising Agency owned Sites and to use the Services, solely for their personal and internal business purposes. Unless otherwise specified, Users may not modify, copy, download, distribute, transmit, display, perform, reproduce, publish, create derivative works from, transfer, or sell any elements of this Site or Services used. However, Users may print the results of their use of this Site and the Services and may copy such printouts, provided that: (i) Users retain all copyright and proprietary rights notices contained in such materials; and (ii) Users use such printouts and copies only as permitted by these Terms.
Users agree not to: (i) violate Tiaten Digital Marketing & Creative Advertising Agency ' rights or the rights of any third party who may contribute data or information to the Site or Services; (ii) attempt to copy or download any software from the Site; (iii) use the Services or any data or information contained therein for any unlawful purpose; (iv) allow anyone else to access or use the the Service through your subscription, user name or password; or (v) interrupt, or attempt to interrupt, the operation or availability of Sites or the Services in any way. All rights not expressly granted herein are expressly reserved by Tiaten Digital Marketing & Creative Advertising Agency.
Any product, service, program, or technology described on the Site and Services may be the subject of other intellectual property rights owned by Tiaten Digital Marketing & Creative Advertising Agency or other third parties. The content of the Services offered through the Sites is either the property of, or used with permission by, Tiaten Digital Marketing & Creative Advertising Agency. Use of the Site and the Services by Users or other third parties other than as expressly authorized by these Terms is prohibited unless expressly permitted by Tiaten Digital Marketing & Creative Advertising Agency. Any unauthorized use of the Site and the Services may violate intellectual property laws, privacy laws, and/or other applicable laws, rules, and/or regulations. The trademarks, logos, trade names and service marks (collectively “Marks”) displayed on the Site are registered and unregistered Marks owned by Tiaten Digital Marketing & Creative Advertising Agency, its affiliates, and third parties. Nothing on the Site or in these Terms should be construed as granting any license or right to use any Mark displayed thereon without the written permission of Tiaten Digital Marketing & Creative Advertising Agency or such third party that may own such Mark. Misuse of any Marks, or any other content, displayed on the Site or used by Tiaten Digital Marketing & Creative Advertising Agency in connection with the Services is prohibited.
Registering Accounts
Users will be required to become a Registered User (the “Users”) in order to access the Site and use the Services. A “Registered User” is a User who has registered an account on the Site(s).
Registration Information
Users agree to provide accurate, current, and complete information as prompted by the Services registration form on the “Sign Up” page and maintain and keep the Registration Data accurate, current, and complete. Upon registering for the Services, Users represent that they are at least above the age of thirteen (13+) years old; Users are responsible for all activities that occur under Subscription Service Accounts. Users agree to restrict the use of the Service by anyone under the age of thirteen years old. Users accept full responsibility for any unauthorized use of the Services. Users agree not to create an Account using a false identity or information, or on behalf of someone other than the User registering. Tiaten Digital Marketing & Creative Advertising Agency reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. Users agree not to create an Account if the user has been previously removed by Tiaten Digital Marketing & Creative Advertising Agency, or if a User has been previously banned from any of the Services.
Payment
Users (also known as “Registered Users”) agree to pay all fees or charges to their subscription account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Users must provide Tiaten Digital Marketing & Creative Advertising Agency with a valid payment method which may be credit card or banking details (Visa, MasterCard, etc.) (“Payment Provider”), ACH or purchase order information as a condition to signing up for the Services. User's Payment Provider agreement governs the use of the designated credit card or bank account, and Users must refer to that agreement and not the Terms to determine rights and liabilities. By providing Tiaten Digital Marketing & Creative Advertising Agency with an acceptable form of payment method (ex. credit card, banking information) and associated payment information, Users agree that Tiaten Digital Marketing & Creative Advertising Agency is authorized to immediately invoice User's Subscription Service Account for all fees and charges due and payable to Tiaten Digital Marketing & Creative Advertising Agency hereunder and that no additional notice or consent is required. Tiaten Digital Marketing & Creative Advertising Agency does not store credit card information or bankin details. Payments of Users are processed by third party services via Stripe. For more information regarding how payments are processed visit Stripe's Service Agreement athttps://stripe.com/legal
Users subscribed to the Service agree to immediately notify Tiaten Digital Marketing & Creative Advertising Agency if there is any change in their billing address or the credit card used for payment hereunder. Tiaten Digital Marketing & Creative Advertising Agency reserves the right at any time to change its prices and billing methods, either immediately upon posting or by e-mail delivery to Users. Users agree to reimburse Tiaten Digital Marketing & Creative Advertising Agency for any collections fees and expenses reasonably incurred by Tiaten Digital Marketing & Creative Advertising Agency in collecting any unpaid amounts.
Service Subscription Fees
Users will be responsible for payment of the applicable fees for the Services that become due (each, “Service Subscription Fee”) through the use of the Services. The User's subscription will continue indefinitely until terminated in accordance with the Terms. After the initial subscription period, and against after any subsequent subscription period, the User's subscription will automatically commence on the first day following the end of such period and continue for an additional equivalent period, at Tiaten Digital Marketing & Creative Advertising Agency ' then-current price for such subscription, unless the User cancels the subscription at least fifteen (15) days prior to the renewal commencement date. Except as set forth in the Terms, all fees for the Services are non-refundable.
Payment for the Services is due in advance of each applicable subscription period (e.g., monthly, or annually). EXCEPT WHERE PROHIBITED BY LOCAL LAW, MONTHLY AND ANNUAL SUBSCRIPTIONS MAY AUTOMATICALLY RENEW AND THE USER'S CREDIT CARD OR OTHER PAYMENT METHOD TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY MAY HAVE BILLED FOR THE USER WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL THE USER'S SUBSCRIPTION IS TERMINATED BY TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY OR CANCELED BY THE USER. IF ANY OF TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY ' CHARGES ARE REJECTED FROM THE PAYMENT METHOD THE USER HAS INDICATED IS THE PREFERABLE PAYMENT METHOD, USER'S AUTHORIZE TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY (WITHOUT NOTICE TO THE USER, UNLESS REQUIRED BY APPLICABLE LAW) TO, IN TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY ' SOLE DISCRETION: (I) RETRY SUCH PAYMENT METHOD; AND/OR (II) COLLECT FROM ANY OTHER PAYMENT METHOD THE USER PROVIDED TO OUR BILLING SERVICE.
Users agree to pay all applicable fees for subscription services and all other use of the Services, plus any applicable taxes or other charges as may be required, when due and payable. All fees and charges are payable in advance and non-refundable, including after cancellation, unless otherwise disclosed at the time of purchase. To cancel the subscription services in a Service (if available), please visit the Contact Us page and submit a cancellation to our team. Cancellation of the Services (if available) will take effect as detailed in the cancellation information for the Service.
Tax
Transactions through the Services may be subject to taxes in many jurisdictions. Depending on the User's jurisdiction and the nature of the product or service Users receive from us, this may be a sales tax, use tax and/or value-added tax. Tax rates are different from jurisdiction to jurisdiction. Users are responsible for paying all such taxes and all prices quoted on the Services are (except to the extent expressly indicated otherwise) exclusive of applicable taxes which may apply in your jurisdiction.
Free Trial Memberships
Where permitted by local law, we may from time to time offer free trials for some of the Services. Such trials may require users to register with a valid credit card to commence the Service. Users that sign up for a free trial membership at a particular point in time will be automatically renewed at the promoted subscription rate for that level at the end of the trial period unless the User cancels the subscription at least before the end of the trial, unless the terms of the offer explicitly state otherwise. Users can cancel a free trial online by contacting Tiaten Digital Marketing & Creative Advertising Agency or Tiaten Digital Marketing & Creative Advertising Agency's Contact Us page. Only one free trial membership is allowed per person. Subsequent registrations do not qualify for free trials. Unless the terms of a promotion state otherwise, for promotions that include “free” periods with “paid” periods, paid periods will elapse first. We may introduce new or additional features, services or materials to the Services which may be a part of, or priced separately from, existing levels of subscription at our sole discretion.
Referral Program
From time-to-time Tiaten Digital Marketing & Creative Advertising Agency (incl. DBA Tiaten Digital Marketing & Creative Advertising Agency, Tiaten, Tiaten CRM) may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please see our referral page. The referring user (“Referrer”) may refer Invitees or entities who are neither current customers of Tiaten Digital Marketing & Creative Advertising Agency nor registered users of the Services (“Referee”). A Registered User is a person or entity that already has an existing account with Tiaten Digital Marketing & Creative Advertising Agency. There is no limit to the number of referrals that a Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such a special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Tiaten Digital Marketing & Creative Advertising Agency reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Tiaten Digital Marketing & Creative Advertising Agencys' discretion for any reason or for no reason whatsoever. If Tiaten Digital Marketing & Creative Advertising Agency determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Tiaten Digital Marketing & Creative Advertising Agency reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Tiaten Digital Marketing & Creative Advertising Agency Sports to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the respective pages.
Disclaimer of Warranties and Limitation of Liability
TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY AND ITS AFFILIATES, AND THEIR RESPECTIVE EQUITY HOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY”) MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, AVAILABILITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER, THE USER. TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY DOES NOT WARRANT OR REPRESENT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, WITHOUT DELAY OR WITHOUT INFILTRATION OR COMPROMISE OF THE APPLICABLE SECURITY SYSTEMS. IN NO EVENT WILL ANY MEMBER OF THE TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY GROUP HAVE ANY LIABILITY TO USERS OR ANY THIRD PARTY FOR ANY FEES, DAMAGES, LOST OPPORTUNITY OR PROFITS, INJURY TO ANY RELATIONSHIP (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND SPECIAL DAMAGES), RELATING TO OR ARISING OUT OF THE USERS USE OF THE SITE OR THE SERVICES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER OR NOT TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USERS ARE RESPONSIBLE FOR ANY ELECTRONIC VIRUS OR OTHER DISABLING CODE THAT MAY BE ENCOUNTERED BY USER IN CONNECTION WITH THE USERS USE OF THE SITE OR THE SERVICES, AND USERS ARE RESPONSIBLE FOR ROUTINELY SCANNING THEIR COMPUTERS, NETWORKS AND INFORMATION STORAGE SYSTEMS USING A RELIABLE VIRUS DETECTION PRODUCT TO DETECT AND REMOVE ANY VIRUSES OR OTHER DISABLING CODES. THE SITE OR THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, ERRORS, OMISSIONS, PROBLEMS, OR OTHER LIMITATIONS IN THE SITE OR THE SERVICES.
Indemnification
Users of the Services agree to indemnify and hold harmless Tiaten Digital Marketing & Creative Advertising Agency and each other member of the Tiaten Digital Marketing & Creative Advertising Agency from and against any claims, demands, or judgments, made or recovered against it and arising out of any breach by User of the Terms or arising from any act or omission by Users that violates any applicable federal, state, or local law, regulation or rule. Each member of the Tiaten Digital Marketing & Creative Advertising Agency may defend on their own any such claims or demands or request Users to take up such defense. In either event, Users will further indemnify each member of the Tiaten Digital Marketing & Creative Advertising Agency for reasonable attorney's fees, or any other necessary expenses incurred by reason of such defense.
Disputes, Class Action Waiver and Agreement to Arbitrate
As a condition of participating in the Services, and except as modified herein, Users agree that the following disputes, claims, and causes of action arising among Users and the Released Parties shall be resolved individually, without resort to any form of class action.
Any and all disputes, claims, and causes of action arising out of or related to the Services, including any dispute, claim, or cause of action relating to this Service.
Any and all disputes, claims, and causes of action arising out of or related to the interpretation or application of this arbitration provision, including the enforceability, revocability, scope, or validity of this arbitration provision.
Notwithstanding this arbitration agreement, Users or the Released Parties retain the right to (1) elect to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of said court's jurisdiction; and (2) seek equitable relief in court for infringement or other misuse of intellectual property rights (including but not limited to trademarks, trade dress, domain names, trade secrets, copyrights, and patents).To increase the efficiency of administration and resolution of arbitrations, Users and the Released Parties agree that in the event that there are one hundred (100) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms or organizations within a thirty (30) day period (or otherwise in close proximity), the American Arbitration Association (“AAA”) (1) will administer the arbitration demands in batches of 100 arbitration demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining arbitration demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award. User and the Released Parties agree that arbitration demands are of a “substantially similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. User and the Released Parties agree to cooperate in good faith with AAA to implement the batch arbitration approach.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Notwithstanding anything to the contrary to the use of the Services, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this paragraph or the Class Action Waiver are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), User and the Released Parties agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may litigated in the federal courts located in the State of . All other disputes shall be arbitrated. This paragraph does not prevent the parties from participating in a class-wide settlement of claims.
User agrees that the laws of the State of, without regard to principles of conflict of laws, will govern the Services and any dispute, claim, or cause of action arising out of or related to the Services, except to the extent governed by United States federal law.
Links
Users acknowledge that Tiaten Digital Marketing & Creative Advertising Agency has not reviewed all of the sites that are linked to the Site, and the fact that such links exist does not indicate any approval or endorsement by, or affiliation with, any member of the Tiaten Digital Marketing & Creative Advertising Agency , or approval or endorsement of any material contained on any linked site. Tiaten Digital Marketing & Creative Advertising Agency is not responsible for the contents of any site linked to the Site.
Certain links on the sites will allow Users to leave the Site and access the websites of third parties (other than websites owned by Tiaten Digital Marketing & Creative Advertising Agency or any of its affiliates). Such websites are not under the control of Tiaten Digital Marketing & Creative Advertising Agency or any of its affiliates. Users acknowledge that none of the members of the Tiaten Digital Marketing & Creative Advertising Agency are responsible for the contents (including, without limitation, viruses, disabling codes, or other destructive or harmful elements) of any such linked website or any link contained in a linked website, or any changes or updates to such websites. Tiaten Digital Marketing & Creative Advertising Agency provides such links to Users only as a convenience, and the inclusion of any link does not imply that any member of the Tiaten Digital Marketing & Creative Advertising Agency endorses or is affiliated or associated with the linked websites.
Jurisdiction and Venue
The Site and the Services are controlled, operated, and administered by Tiaten Digital Marketing & Creative Advertising Agency from its office within the United States of America. Tiaten Digital Marketing & Creative Advertising Agency does not make any representation that the Site or the Services are appropriate or available for use at locations outside the United States and access to them from territories where their contents are illegal is prohibited. Users may not use this Site or the Services in violation of United States export laws and regulations. If Users access the Site from a location outside the United States, Users are responsible for compliance with all local laws. The Terms will be governed by and construed under the laws of the State of, excluding only its conflict of law provisions. Users hereby submit to the exclusive jurisdiction of the courts within the State of and waive any jurisdictional venue or inconvenient forum objections to such courts. Any failure by Tiaten Digital Marketing & Creative Advertising Agency to enforce any of its rights under the Terms or applicable laws shall not constitute a waiver of such right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the remaining provisions of the Terms shall remain in full force and effect.
Contact Us
Any questions relating to the Site or Services of Tiaten Digital Marketing & Creative Advertising Agency
or its affiliates should be referred here.
Terms Of Use
Updated: March 23, 2024
This policy is effective immediately.
Terms and Conditions
Access to and use of the Sites and the Services owned by Tiaten Digital Marketing & Creative Advertising Agency (incl. DBA “Tiaten, Tiaten CRM”), and all content, software, materials, and other information provided thereon (collectively, the “Sites”), or of the Services (collectively, the “Subscription Services”) offered by or through the Site (the “Software”) is subject to the following Terms and Conditions of Service (the “Terms”) established by Tiaten Digital Marketing & Creative Advertising Agency, (“Tiaten Digital Marketing & Creative Advertising Agency, Tiaten, Tiaten CRM”) as well as all applicable laws. By accessing or using the Sites or the Services, you accept the Terms without limitation or qualification. Tiaten Digital Marketing & Creative Advertising Agency may at any time revise these Terms, which revised Terms shall become effective upon their posting to the Site. You are bound by such revised Terms and should therefore review these Terms from time to time. If you do not agree to these Terms or to any changes thereto as they occur, you must immediately discontinue using the Site and the Services. Tiaten Digital Marketing & Creative Advertising Agency reserves the right, without notice and for any reason, to remove any content or information from the Sites, and to deny access to the Site or Services to any user(s). Tiaten Digital Marketing & Creative Advertising Agency also reserves the right to seek all remedies available at law and in equity to enforce these Terms.
Intellectual Property Rights
The Site and the Services used are protected by copyright and other applicable intellectual property laws. Subject to these Terms, Tiaten Digital Marketing & Creative Advertising Agency grants Users a non-exclusive, revocable, non-transferable, limited right to access, use and display Tiaten Digital Marketing & Creative Advertising Agency owned Sites and to use the Services, solely for their personal and internal business purposes. Unless otherwise specified, Users may not modify, copy, download, distribute, transmit, display, perform, reproduce, publish, create derivative works from, transfer, or sell any elements of this Site or Services used. However, Users may print the results of their use of this Site and the Services and may copy such printouts, provided that: (i) Users retain all copyright and proprietary rights notices contained in such materials; and (ii) Users use such printouts and copies only as permitted by these Terms.
Users agree not to: (i) violate Tiaten Digital Marketing & Creative Advertising Agency ' rights or the rights of any third party who may contribute data or information to the Site or Services; (ii) attempt to copy or download any software from the Site; (iii) use the Services or any data or information contained therein for any unlawful purpose; (iv) allow anyone else to access or use the the Service through your subscription, user name or password; or (v) interrupt, or attempt to interrupt, the operation or availability of Sites or the Services in any way. All rights not expressly granted herein are expressly reserved by Tiaten Digital Marketing & Creative Advertising Agency.
Any product, service, program, or technology described on the Site and Services may be the subject of other intellectual property rights owned by Tiaten Digital Marketing & Creative Advertising Agency or other third parties. The content of the Services offered through the Sites is either the property of, or used with permission by, Tiaten Digital Marketing & Creative Advertising Agency. Use of the Site and the Services by Users or other third parties other than as expressly authorized by these Terms is prohibited unless expressly permitted by Tiaten Digital Marketing & Creative Advertising Agency. Any unauthorized use of the Site and the Services may violate intellectual property laws, privacy laws, and/or other applicable laws, rules, and/or regulations. The trademarks, logos, trade names and service marks (collectively “Marks”) displayed on the Site are registered and unregistered Marks owned by Tiaten Digital Marketing & Creative Advertising Agency, its affiliates, and third parties. Nothing on the Site or in these Terms should be construed as granting any license or right to use any Mark displayed thereon without the written permission of Tiaten Digital Marketing & Creative Advertising Agency or such third party that may own such Mark. Misuse of any Marks, or any other content, displayed on the Site or used by Tiaten Digital Marketing & Creative Advertising Agency in connection with the Services is prohibited.
Registering Accounts
Users will be required to become a Registered User (the “Users”) in order to access the Site and use the Services. A “Registered User” is a User who has registered an account on the Site(s).
Registration Information
Users agree to provide accurate, current, and complete information as prompted by the Services registration form on the “Sign Up” page and maintain and keep the Registration Data accurate, current, and complete. Upon registering for the Services, Users represent that they are at least above the age of thirteen (13+) years old; Users are responsible for all activities that occur under Subscription Service Accounts. Users agree to restrict the use of the Service by anyone under the age of thirteen years old. Users accept full responsibility for any unauthorized use of the Services. Users agree not to create an Account using a false identity or information, or on behalf of someone other than the User registering. Tiaten Digital Marketing & Creative Advertising Agency reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. Users agree not to create an Account if the user has been previously removed by Tiaten Digital Marketing & Creative Advertising Agency, or if a User has been previously banned from any of the Services.
Payment
Users (also known as “Registered Users”) agree to pay all fees or charges to their subscription account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Users must provide Tiaten Digital Marketing & Creative Advertising Agency with a valid payment method which may be credit card or banking details (Visa, MasterCard, etc.) (“Payment Provider”), ACH or purchase order information as a condition to signing up for the Services. User's Payment Provider agreement governs the use of the designated credit card or bank account, and Users must refer to that agreement and not the Terms to determine rights and liabilities. By providing Tiaten Digital Marketing & Creative Advertising Agency with an acceptable form of payment method (ex. credit card, banking information) and associated payment information, Users agree that Tiaten Digital Marketing & Creative Advertising Agency is authorized to immediately invoice User's Subscription Service Account for all fees and charges due and payable to Tiaten Digital Marketing & Creative Advertising Agency hereunder and that no additional notice or consent is required. Tiaten Digital Marketing & Creative Advertising Agency does not store credit card information or bankin details. Payments of Users are processed by third party services via Stripe. For more information regarding how payments are processed visit Stripe's Service Agreement athttps://stripe.com/legal
Users subscribed to the Service agree to immediately notify Tiaten Digital Marketing & Creative Advertising Agency if there is any change in their billing address or the credit card used for payment hereunder. Tiaten Digital Marketing & Creative Advertising Agency reserves the right at any time to change its prices and billing methods, either immediately upon posting or by e-mail delivery to Users. Users agree to reimburse Tiaten Digital Marketing & Creative Advertising Agency for any collections fees and expenses reasonably incurred by Tiaten Digital Marketing & Creative Advertising Agency in collecting any unpaid amounts.
Service Subscription Fees
Users will be responsible for payment of the applicable fees for the Services that become due (each, “Service Subscription Fee”) through the use of the Services. The User's subscription will continue indefinitely until terminated in accordance with the Terms. After the initial subscription period, and against after any subsequent subscription period, the User's subscription will automatically commence on the first day following the end of such period and continue for an additional equivalent period, at Tiaten Digital Marketing & Creative Advertising Agency ' then-current price for such subscription, unless the User cancels the subscription at least fifteen (15) days prior to the renewal commencement date. Except as set forth in the Terms, all fees for the Services are non-refundable.
Payment for the Services is due in advance of each applicable subscription period (e.g., monthly, or annually). EXCEPT WHERE PROHIBITED BY LOCAL LAW, MONTHLY AND ANNUAL SUBSCRIPTIONS MAY AUTOMATICALLY RENEW AND THE USER'S CREDIT CARD OR OTHER PAYMENT METHOD TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY MAY HAVE BILLED FOR THE USER WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL THE USER'S SUBSCRIPTION IS TERMINATED BY TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY OR CANCELED BY THE USER. IF ANY OF TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY ' CHARGES ARE REJECTED FROM THE PAYMENT METHOD THE USER HAS INDICATED IS THE PREFERABLE PAYMENT METHOD, USER'S AUTHORIZE TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY (WITHOUT NOTICE TO THE USER, UNLESS REQUIRED BY APPLICABLE LAW) TO, IN TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY ' SOLE DISCRETION: (I) RETRY SUCH PAYMENT METHOD; AND/OR (II) COLLECT FROM ANY OTHER PAYMENT METHOD THE USER PROVIDED TO OUR BILLING SERVICE.
Users agree to pay all applicable fees for subscription services and all other use of the Services, plus any applicable taxes or other charges as may be required, when due and payable. All fees and charges are payable in advance and non-refundable, including after cancellation, unless otherwise disclosed at the time of purchase. To cancel the subscription services in a Service (if available), please visit the Contact Us page and submit a cancellation to our team. Cancellation of the Services (if available) will take effect as detailed in the cancellation information for the Service.
Tax
Transactions through the Services may be subject to taxes in many jurisdictions. Depending on the User's jurisdiction and the nature of the product or service Users receive from us, this may be a sales tax, use tax and/or value-added tax. Tax rates are different from jurisdiction to jurisdiction. Users are responsible for paying all such taxes and all prices quoted on the Services are (except to the extent expressly indicated otherwise) exclusive of applicable taxes which may apply in your jurisdiction.
Free Trial Memberships
Where permitted by local law, we may from time to time offer free trials for some of the Services. Such trials may require users to register with a valid credit card to commence the Service. Users that sign up for a free trial membership at a particular point in time will be automatically renewed at the promoted subscription rate for that level at the end of the trial period unless the User cancels the subscription at least before the end of the trial, unless the terms of the offer explicitly state otherwise. Users can cancel a free trial online by contacting Tiaten Digital Marketing & Creative Advertising Agency or Tiaten Digital Marketing & Creative Advertising Agency's Contact Us page. Only one free trial membership is allowed per person. Subsequent registrations do not qualify for free trials. Unless the terms of a promotion state otherwise, for promotions that include “free” periods with “paid” periods, paid periods will elapse first. We may introduce new or additional features, services or materials to the Services which may be a part of, or priced separately from, existing levels of subscription at our sole discretion.
Referral Program
From time-to-time Tiaten Digital Marketing & Creative Advertising Agency (incl. DBA Tiaten Digital Marketing & Creative Advertising Agency, Tiaten, Tiaten CRM) may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please see our referral page. The referring user (“Referrer”) may refer Invitees or entities who are neither current customers of Tiaten Digital Marketing & Creative Advertising Agency nor registered users of the Services (“Referee”). A Registered User is a person or entity that already has an existing account with Tiaten Digital Marketing & Creative Advertising Agency. There is no limit to the number of referrals that a Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such a special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Tiaten Digital Marketing & Creative Advertising Agency reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Tiaten Digital Marketing & Creative Advertising Agencys' discretion for any reason or for no reason whatsoever. If Tiaten Digital Marketing & Creative Advertising Agency determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Tiaten Digital Marketing & Creative Advertising Agency reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Tiaten Digital Marketing & Creative Advertising Agency Sports to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the respective pages.
Disclaimer of Warranties and Limitation of Liability
TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY AND ITS AFFILIATES, AND THEIR RESPECTIVE EQUITY HOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY”) MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, AVAILABILITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER, THE USER. TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY DOES NOT WARRANT OR REPRESENT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, WITHOUT DELAY OR WITHOUT INFILTRATION OR COMPROMISE OF THE APPLICABLE SECURITY SYSTEMS. IN NO EVENT WILL ANY MEMBER OF THE TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY GROUP HAVE ANY LIABILITY TO USERS OR ANY THIRD PARTY FOR ANY FEES, DAMAGES, LOST OPPORTUNITY OR PROFITS, INJURY TO ANY RELATIONSHIP (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND SPECIAL DAMAGES), RELATING TO OR ARISING OUT OF THE USERS USE OF THE SITE OR THE SERVICES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER OR NOT TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USERS ARE RESPONSIBLE FOR ANY ELECTRONIC VIRUS OR OTHER DISABLING CODE THAT MAY BE ENCOUNTERED BY USER IN CONNECTION WITH THE USERS USE OF THE SITE OR THE SERVICES, AND USERS ARE RESPONSIBLE FOR ROUTINELY SCANNING THEIR COMPUTERS, NETWORKS AND INFORMATION STORAGE SYSTEMS USING A RELIABLE VIRUS DETECTION PRODUCT TO DETECT AND REMOVE ANY VIRUSES OR OTHER DISABLING CODES. THE SITE OR THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TIATEN DIGITAL MARKETING & CREATIVE ADVERTISING AGENCY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, ERRORS, OMISSIONS, PROBLEMS, OR OTHER LIMITATIONS IN THE SITE OR THE SERVICES.
Indemnification
Users of the Services agree to indemnify and hold harmless Tiaten Digital Marketing & Creative Advertising Agency and each other member of the Tiaten Digital Marketing & Creative Advertising Agency from and against any claims, demands, or judgments, made or recovered against it and arising out of any breach by User of the Terms or arising from any act or omission by Users that violates any applicable federal, state, or local law, regulation or rule. Each member of the Tiaten Digital Marketing & Creative Advertising Agency may defend on their own any such claims or demands or request Users to take up such defense. In either event, Users will further indemnify each member of the Tiaten Digital Marketing & Creative Advertising Agency for reasonable attorney's fees, or any other necessary expenses incurred by reason of such defense.
Disputes, Class Action Waiver and Agreement to Arbitrate
As a condition of participating in the Services, and except as modified herein, Users agree that the following disputes, claims, and causes of action arising among Users and the Released Parties shall be resolved individually, without resort to any form of class action.
Any and all disputes, claims, and causes of action arising out of or related to the Services, including any dispute, claim, or cause of action relating to this Service.
Any and all disputes, claims, and causes of action arising out of or related to the interpretation or application of this arbitration provision, including the enforceability, revocability, scope, or validity of this arbitration provision.
Notwithstanding this arbitration agreement, Users or the Released Parties retain the right to (1) elect to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of said court's jurisdiction; and (2) seek equitable relief in court for infringement or other misuse of intellectual property rights (including but not limited to trademarks, trade dress, domain names, trade secrets, copyrights, and patents).To increase the efficiency of administration and resolution of arbitrations, Users and the Released Parties agree that in the event that there are one hundred (100) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms or organizations within a thirty (30) day period (or otherwise in close proximity), the American Arbitration Association (“AAA”) (1) will administer the arbitration demands in batches of 100 arbitration demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining arbitration demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award. User and the Released Parties agree that arbitration demands are of a “substantially similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. User and the Released Parties agree to cooperate in good faith with AAA to implement the batch arbitration approach.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Notwithstanding anything to the contrary to the use of the Services, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this paragraph or the Class Action Waiver are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), User and the Released Parties agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may litigated in the federal courts located in the State of . All other disputes shall be arbitrated. This paragraph does not prevent the parties from participating in a class-wide settlement of claims.
User agrees that the laws of the State of, without regard to principles of conflict of laws, will govern the Services and any dispute, claim, or cause of action arising out of or related to the Services, except to the extent governed by United States federal law.
Links
Users acknowledge that Tiaten Digital Marketing & Creative Advertising Agency has not reviewed all of the sites that are linked to the Site, and the fact that such links exist does not indicate any approval or endorsement by, or affiliation with, any member of the Tiaten Digital Marketing & Creative Advertising Agency , or approval or endorsement of any material contained on any linked site. Tiaten Digital Marketing & Creative Advertising Agency is not responsible for the contents of any site linked to the Site.
Certain links on the sites will allow Users to leave the Site and access the websites of third parties (other than websites owned by Tiaten Digital Marketing & Creative Advertising Agency or any of its affiliates). Such websites are not under the control of Tiaten Digital Marketing & Creative Advertising Agency or any of its affiliates. Users acknowledge that none of the members of the Tiaten Digital Marketing & Creative Advertising Agency are responsible for the contents (including, without limitation, viruses, disabling codes, or other destructive or harmful elements) of any such linked website or any link contained in a linked website, or any changes or updates to such websites. Tiaten Digital Marketing & Creative Advertising Agency provides such links to Users only as a convenience, and the inclusion of any link does not imply that any member of the Tiaten Digital Marketing & Creative Advertising Agency endorses or is affiliated or associated with the linked websites.
Jurisdiction and Venue
The Site and the Services are controlled, operated, and administered by Tiaten Digital Marketing & Creative Advertising Agency from its office within the United States of America. Tiaten Digital Marketing & Creative Advertising Agency does not make any representation that the Site or the Services are appropriate or available for use at locations outside the United States and access to them from territories where their contents are illegal is prohibited. Users may not use this Site or the Services in violation of United States export laws and regulations. If Users access the Site from a location outside the United States, Users are responsible for compliance with all local laws. The Terms will be governed by and construed under the laws of the State of, excluding only its conflict of law provisions. Users hereby submit to the exclusive jurisdiction of the courts within the State of and waive any jurisdictional venue or inconvenient forum objections to such courts. Any failure by Tiaten Digital Marketing & Creative Advertising Agency to enforce any of its rights under the Terms or applicable laws shall not constitute a waiver of such right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the remaining provisions of the Terms shall remain in full force and effect.
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Tiaten Digital Marketing & Creative Agency Policies
© 2024. Tiaten Digital Marketing & Creative Agency.
All rights reserved.
CRM Software Policies