Last Updated: October 2022
The Agent Circle LLC Website Standard Terms and Conditions
Terms & Conditions
Created: 01 August 1997
Last Modified: 01 August 2022
The Agent Circle LLC. d/b/a TheAgentCircle.com which will be referred as (“TAC” “we” “us” or “our”) provides the Real Estate agent a Profile Platform (“Platform”), which supports the creation, maintenance and use of a unique portable digital identity for users.
TAC provides key features to our users:
Capitalized terms used and not defined herein have the meaning ascribed to them in the TAC .
These terms and conditions (“Terms”) will apply to persons and entities fully and affect to your use of this using the Platform to create and manage their digital identities by paying a registration and service fees to TAC to host a single Profile (as defined in the section below entitled “Your Identity”) and requesting third-party verifications to build a digital reputation (each such person or entity, a “TAC Profile holder”). By using any of TAC’s services, including any associated features or functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “TAC Service” or “Service”), you are entering into a binding contract with The Agent circle LLC (the “Contract”). We recommend that you save a copy of these Terms for your records.
Your agreement with us includes these Terms and any additional terms with us or our affiliates that you agree to either in these Terms or elsewhere but exclude the terms with any unrelated third parties (collectively, the “Agreements”). The Agreements include terms of future changes to the Agreements, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on the TAC website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot follow) the Agreements, then you may not use the TAC Service.
We may modify the Agreements in our sole discretion at any time by publishing the amended terms on the TAC website, and all amended terms will take effect immediately upon posting. We agree that changes cannot be retroactive. You are responsible for checking these Terms periodically to inform yourself of any changes. Your continued use of the Service after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Service under the new version of the Agreements, you may revoke your TAC Profile by contacting TAC Support.
By using TAC’s Service, you represent and warrant that you are (1) an individual of legal age to form a binding contract and to consent to processing your personal data, or that you are the parent or legal guardian able to form a binding contract for such person and consent to processing the personal data of a child at least 13 years of age and consent; (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and (3) accept these Terms and agree to all obligations and liability hereunder, including any disclaimers and waivers of applicable legal protection herein.
If you do not meet the above stated eligibility requirements, you may not use or access the TAC Service.
2.2 Your Identity
To become a TAC Profile holder and claim your digital identity, you will create a unique “TAC Profile” and you will complete a verification to confirm that you have access to the information you provide. Once you provide your phone number, you will receive a text message or a phone call. As a part of these Terms, you consent to receiving this text message or phone call. You promise that you will not create a TAC Profile in an unauthorized manner. Taking a Profile in an unauthorized manner includes creating or using a Profile: (i) of another person or entity with the intent to impersonate that person or entity; (ii) subject to any rights of a person other than you without appropriate authorization; (iii) that is otherwise offensive, vulgar or obscene; (iv) using any procedure or method that violates third party rights; (v) by using an automated device, computer, phone, script, bot, spider, crawler or scraper; or (vi) that violates these Terms, or any applicable laws. You must not solicit, collect or use the login credentials of other TAC Profile holders. TAC reserves the right to freeze and/or revoke any TAC Profiles at any time and without notice to you.
Your Password is the key to your unique profile Identity created, as represented by your TAC Profile, and you are solely responsible for keeping this Password confidential and secure. You may remove or revoke your TAC account. Please note that the action of revoke does not delete your data; it only removes your account from the public access. After revoking access, you may add (“restore”) your TAC account. You understand that you are responsible for all use (including any unauthorized use, to the extent permitted by applicable laws) of your TAC Profile and Password on the Service. We cannot guarantee that we can recover your TAC Profile for you should you lose your Password. If you lose your Password, please contact TAC Support.
Keep in mind that you are solely responsible for the use of TAC Profiles, and your failure to protect your identity or to secure your TAC Profile will only increase the risk of these losses. We may assist you with recovering your TAC Profile, but are not obligated to do so, and you are solely responsible for losses due to lost or stolen TAC Profiles or Passwords, compromise of your TAC Profile and Password, and any other unauthorized use or modification of your TAC Profile. TAC is not liable or responsible to you and you waive any right to bring a claim against us for any losses that result from the use of lost or stolen credentials or unauthorized use or modification of your TAC Profile, unless such losses result from TAC’s willful or intentional actions. You agree to notify TAC immediately of any unauthorized use of your account or any other breach of security. You agree to keep your password secure.
You agree that we will provide notices and messages to you within the Service. Notices may include notifications about your TAC Profile, changes to the Services, terms and conditions, privacy statement or notices and any changes thereto, pre-payment disclosures, transaction receipts and confirmations, and customer service communications, notices required by law, or other information we are required to provide to you (“Communications”). You also agree that electronic delivery of a notice has the same legal effect as if we provided you with a physical copy. We will consider a notice to have been received by you within 24 hours of the time a notice is either posted to our website or otherwise sent to you within the Service.
2.3.1 Methods of Providing Communications
You are hereby notified that communications you receive in electronic form from us will be considered “in writing.” By using the Services, you hereby consent and affirm that you have access to the hardware and software necessary to receive electronic communications. If you choose not to consent or you withdraw your consent, you will be restricted from using the Services.
We may provide Communications to you by email or by making them accessible on the TAC website, mobile applications, or mobile websites (including via “hyperlinks” provided online and in e-mails). Communications will be provided online and viewable in a browser window or with a PDF reader. A free PDF reader may be downloaded from www.adobe.com. We may request that you respond to an email or other message to demonstrate you are able to receive these Communications.
2.3.2 How to Withdraw Your Consent
You may withdraw your consent to receive Communications under this Notice by emailing TAC Support,or writing to us at “Attn: E-Sign Disclosure and Consent Notice, “TAC 650 Poydras St., Suite 1400, New Orleans, LA 70130”. Your withdrawal of consent will cancel your agreement to receive electronic Communications, and therefore, your ability to use our Services.
2.3.3 Requesting Paper Copies of Electronic Communications
You may request a paper copy of any Communications; we will mail you a copy via U.S. Mail. To request a paper copy, contact us by emailing TAC Support, or by writing to “Attn: E-Sign Disclosure and Consent Notice, TAC 650 Poydras St., Suite 1400, New Orleans, LA 70130,”. Please provide your current mailing address so we can process this request. TAC may charge you a reasonable fee for this service.
2.3.4 Updating Your Primary Contact Information; Acknowledgement of Law
It is your responsibility to keep your contact information current so that TAC can communicate with you electronically. You understand and agree that if TAC sends you a Communication but you do not receive it because your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, TAC will be deemed to have provided the Communication to you; however, we may deem your account inactive. You may not be able to transact using our Services until we receive a valid, working means of contact from you. If you, your email server, or other communications provider including telephone service provider use a spam filter or similar software that blocks or re-routes messages from senders not listed in your list of approved senders, we recommend that you add TAC to your list of approved senders so that you can receive important Communications.
You can update your contact information by updating your profile or by emailing TAC Support or writing to us at “Attn: E-Sign Disclosure and Consent Notice, TAC 650 Poydras St., Suite 1400, New Orleans, LA 70130”.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that such Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
2.3.4 Changes to Communications
We reserve the right, in our sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which we provide Communications. We will provide you with notice of any such termination or change as required by law.
3. Rights and Limits
The TAC Platform is neutral, meaning that it accommodates all non-fraudulent and legally permitted activity. While TAC will make best effort attempt to restrict participation of fraudulent and illegal actors on the Platform, TAC Profile holders acknowledge that third parties’ vouches, verifications or activity on the Platform do not represent TAC’s endorsement of those third parties, TAC’s validation of any of the information or data attached to a TAC Profile or offered by such third-parties, or TAC’s recommendation or advice of any sort as to whether to rely upon the information or data or to use or rely on third parties on the Platform.
If you use your TAC Profile or the TAC Profile of another person or entity for any purpose, including relying on the information attached to a TAC Profile for decision-making or judgement, you do so at your own risk and according to your own criteria. You are responsible for any actions you choose to take or not take in relation to your TAC Profile or the TAC Profile of another person or entity, or information associated therewith.
You acknowledge that TAC does not (i) define the terms by which use of the TAC Profile is made; (ii) participate in any way in the vouching or verification process for any information entered in the Platform by a TAC Profile holder; or (iii) validate the information provided by the TAC Profile holder or provide any warranty as to its accuracy or fitness for a particular purpose.
3.2.1 User Content
TAC users may post, upload, submit, share or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the TAC Support Community as well as any other part of the TAC Service.
You agree that, with respect to any User Content you share on the Service, (1) you own or have the right to post such User Content, (2) your User Content is accurate, and (3) such User Content, or its use by TAC as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the user guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by TAC without express written consent from TAC. You agree that you will indemnify us for any infringement of third-party rights.
The TAC Platform is compliant with Section 230 of the Communications Decency Act of 1996 (“CDA”) which states that, “no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” (47 U.S.C. §230). By using the Service, you may encounter User Content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for others’ (including other TAC Profile holders’) User Content or information. TAC may, but has no obligation to, monitor, review, or edit User Content. We cannot always prevent this misuse of our Service, and you agree that we are not responsible for any such misuse. Subject to your compliance with these Agreements, TAC grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Services and use the Services for your personal, non-commercial use, and as we otherwise intend. TAC reserves the right to monitor the Service for the purpose of determining that your usage complies with these Agreements.
The broad protections of freedom of expression and innovation in the CDA do not exempt certain criminal and intellectual capital violation-based User Content. TAC reserves the right to determine the appropriate local law enforcement agency with which to share flagged User Content, based on factors related to the location of the person or entity posting the content in question, as well as the server location hosting the content in question.
You are solely responsible for all User Content that you post. TAC is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TAC RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD TAC HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
3.2.2 Public Content
Each TAC Profile is public and has a Public Profile associated with it, to which you may upload a profile photo, Display Profile, Social profiles and biographic information. You acknowledge that the information that you share on your Public Profile is publicly available and may be viewed by anyone using or accessing the TAC Platform, including the TAC website and TAC public APIs. Remember that the information that you share on your Public Profile may be used and re-shared by other users on the TAC Platform or across the web, so please use TAC carefully. TAC has no responsibility for your choices to post material on the Service. For more information, please refer to the TAC.
3.2.3 Use Guidelines
Please respect TAC and other TAC Profile holders. Don’t engage in any activity or post any User Content which is or includes material that:
is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of TAC or a third party;
includes your Revoke/Restore Password or purposely includes any other TAC Profile holder’s Revoke/Restore Password or purposely includes personal data of third parties or is intended to solicit such personal data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
is intended to or does harass or bully other users;
impersonates or misrepresents your identity or affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by TAC;
involves the reverse engineering, decompiling, tampering with or disassembling the technology used to provide the Service (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
attempts to obtain unauthorized access to the Service;
violates, misappropriates or infringes a third party’s intellectual property or other right, or any social media platform terms;
interferes with any third party’s ability to use or enjoy, or our ability to provide, the Service;
interferes with or in any way disrupts the TAC Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or TAC’s computer systems, network, usage rules, or any of TAC’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
conflicts with the Agreements, as determined by TAC.
TAC may, but has no obligation to, monitor or review User Content. However, you acknowledge and agree that posting any User Content that violates these user guidelines (or that TAC reasonably believes violates these user guidelines) may result in termination or suspension of your TAC account.
3.3 Data Access
You control the public and non-public information and data associated with your TAC Profile. Any third parties that have relied on vouches or verifications in the TAC Database may access the underlying private data with your explicit consent. Authorities may access the underlying private data without your explicit consent solely to: (i) fulfill a legal obligation; or (ii) investigate suspicious or illegal behavior. More information on privacy rights and responsibilities with respect to your TAC Profile are available in the TAC . TAC has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services. The Services are not intended for data storage. You are solely responsible for backing up your data.
3.4 Service Limitations and Modifications
We will make reasonable efforts to keep the TAC Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. TAC reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the TAC Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the TAC Service or any function or feature thereof. You understand, agree, and accept that TAC will, although it has no obligation, make reasonable efforts to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law.
3.5 Third-Party Partners, Sites and Apps
3.6 Intellectual Property Rights
TAC reserves all of its intellectual property rights in the Service. Using the Service does not give you any ownership in our Service or the content or information made available through our Service. Trademarks and logos used in connection with the Service are the trademarks of their respective owners. TAC, its “circle” logos and other TAC trademarks, service marks, graphics, and logos used for our Service are trademarks or registered trademarks of TAC and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Trademarks and other intellectual property rights of third parties are the property of their respective owners and are displayed or used in the Service pursuant to limited permission granted to TAC. No rights to trademarks or other intellectual property rights of third parties is granted to you nor arises from any use of the Service.
4. Disclaimer and Limit of Liability
4.1. No Warranty
YOU UNDERSTAND AND AGREE THAT THE TAC SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TAC AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TAC NOR ANY OWNER OF CONTENT WARRANTS THAT THE TAC SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, THAT THE TAC SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL INFORMATION WILL BE ACCURATE, TIMELY OR COMPLETE.
THIRD PARTIES MAY ADOPT ADDITIONAL LIMITATIONS ON WARRANTIES PROVIDED IN CONNECTION WITH THEIR RESPECTIVE SERVICES, AS INDICATED IN THE TERMS SPECIFICALLY APPLICABLE TO THEIR SERVICES. IN ADDITION, TAC MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE TAC SERVICE OR ANY HYPERLINKED WEBSITE, AND TAC IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TAC SHALL CREATE ANY WARRANTY ON BEHALF OF TAC.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
4.1.1 Identity Verification
YOU ACKNOWLEDGE THAT TAC IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND THE THIRD PARTY VERIFICATION PROVIDERS: (II) BETWEEN YOU AND OUR PARTNERS WHO MAY REQUEST YOUR VERIFIED INFORMATION; AND (II I) BETWEEN YOU AND ANY CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR CREDIT REPORTS FOR PURPOSES OF VERIFICATION OF YOUR IDENTITY INFORMATION. TAC EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS, CREDIT SCORES, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
4.2 Limitation and Time for Filing
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TAC SERVICE IS TO UNINSTALL ANY TAC SOFTWARE AND TO STOP USING THE TAC SERVICE. YOU AGREE THAT TAC HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE TAC SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TAC, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS AVAILABLE THROUGH OR IN CONNECTION WITH THE TAC SERVICE OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL TAC, ITS AFFILIATES AND ITS AND THEIR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE TAC SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TAC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TAC SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO TAC DURING THE PRIOR TWELVE MONTHS IN QUESTION OR, IF NO FEES OR CHARGES APPLY, TO A MAXIMUM OF USD100, OR ANY LARGER AMOUNT THAT IS IMPOSED AS MINIMUM LIABILITY BY ANY APPLICABLE MANDATORY LAW.
Nothing in the Agreements removes or limits TAC’s liability for fraud. Additionally, if and to the extent required by applicable law, nothing in the Agreements removes or limits TAC’s liability for fraudulent misrepresentation, death or personal injury caused by TAC’s negligence.
YOU AGREE THAT ANY CLAIM AGAINST TAC MUST BE COMMENCED BY FILING AN INDIVIDUAL ACTION UNDER SECTION 8 WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Both you and TAC may terminate this Contract at any time without notice to the other by releasing your TAC Profile. On termination, you lose the right to access or use the Service. Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending actions, and (ii) stop accepting or requesting new actions. Your continued or renewed use of the Service after all pending actions have been processed serves to renew your consent to the terms of this Agreement.
The following shall survive termination and release of the TAC Profile:
Our rights to use and disclose your feedback;
Other users’ rights to further re-share content and information you shared publicly through the Service to the extent copied or re-shared prior to termination;
Any amounts owed by either party prior to termination remain owed after termination; and
Sections 3.2. Content, 3.3. Data Access, 4. Disclaimer and Limit of Liability, 5. Termination, 6. Severability, Waiver, Interpretation and Assignment, 7. Indemnification and Release, and 8.Governing Law and Dispute Resolution of these Terms and the TAC will survive and continue to apply.
6. Severability, Waiver, Interpretation and Assignment
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding, and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Service) is the only agreement between us regarding the Service and supersedes all prior agreements for the Service.
If we don’t act to enforce a breach of this Contract, that does not mean that TAC has waived its right to enforce this Contract or such breach at a later time. You may not assign or transfer this Contract (or your membership or use of Service) to anyone without our written consent. However, you agree that TAC may assign this Contract without your consent to its affiliates or a party that buys it, its assets, or equity. There are no third-party beneficiaries to this Contract.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
7. Indemnification and Release
You agree to indemnify, defend and hold TAC harmless from and against all damages, claims, fines, penalties, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the TAC Service; (4) fraud committed by, or the intentional misconduct or gross negligence of you; and (5) your violation of any law or the rights of a third party. If you are a Louisiana resident, you waive Louisiana Civil Password Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
8. Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, TAC and you agree to resolve it in Louisiana courts using Louisiana law. You and TAC agree that the laws of the State of Louisiana, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and TAC both agree that all claims and disputes can be litigated only in the federal or state courts , United States District Court Eastern District of Louisiana 500 Poydras Street New Orleans, LA 70130 Louisiana, USA, and you and TAC each agree to personal jurisdiction in those courts. TAC and you may mutually agree to resolve the dispute in arbitration rather than the courts.
9. Consumer Rights Notice
users of the Service from Louisiana are entitled to the following specific consumer rights notice: Louisiana Department of Insurance, Baton Rouge, LA Website: Department of Insurance ; Email: email@example.com (Consumer Services) Consumer Affairs may be contacted in writing at, or by telephone at Phone Number: 225-219-4775. 225-342-5900.
You may contact TAC at: support@TAC.com or TAC 650 Poydras St., Suite 1400, New Orleans, LA 70130.
10. Mobile App
10.1 Mobile Device
To use the software on a mobile device, you must have a mobile device that is compatible with the Services. TAC does not warrant that the Services will be compatible with your mobile device. You are responsible for any mobile charges that you may incur for using the Services, including text-messaging, roaming charges, and data charges.
10.2 Location-Based Services
You acknowledge and authorize that information concerning the location of your mobile device may be used to assess location. Location may be obtained at any time while logged into the TAC website or mobile application. Location information will not be disclosed to others without the TAC User’s consent. You expressly agree that you authorize TAC to collect and use your location as a part of the TAC app and eligibility for use of the TAC website or app or any feature or function of the Service.
THE SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. THE SERVICES ARE NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
You acknowledge that TAC may from time to time issue upgraded versions of the app, and may automatically electronically upgrade the version that you are using on your mobile device or may require an update before Services will be provided via your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of the Agreements will apply to all such upgrades. You agree that TAC will not be liable to you for any such modifications.
10.4 App Stores
You acknowledge and agree that the availability of the TAC app is dependent on the third party from which you received it, e.g., Google Play or Apple’s App Store (each, an “App Store”). You acknowledge that these Terms are between you and TAC and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the TAC app from it. You agree to comply with, and your license to use the Services via the app is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.