TERMS OF USE

Last Updated: 01/23/2018

INTRODUCTION

Welcome to the website of Tank Ties, LLC (“Tank Ties”, “we” or “us”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use”) apply to your use, whether as a guest or a registered user, of tankties.com and other websites of Tank Ties or any of its affiliated or subsidiary companies where these Terms of Use are posted along with any content, functionality and services offered on or through such websites (collectively, the “Website”).

Please read the Terms of Use carefully before you start to use the site. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated here by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Website.

You acknowledge that the Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Website and receipt of data, materials and information available at or through the Website.

CHANGES TO THE TERMS OF USE

We reserve the right to change or modify these Terms of Use or any policy or guideline of the Website, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Website. If you do not agree to the amended terms, you must stop using the Website.

USE OF SERVICES

Customer acknowledges and agrees that it will use the Services only to access, employ, utilize, or display the Software solely for Customer’s “personal or business purposes.” For the avoidance of doubt, the term “personal or business purposes,” as used herein, does not include, among other things, the right to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) upload Prospects that are not pre-existing, substantive relationships; (v) upload or disseminate information that is known by the Customer to be false, misleading or omit material facts; or (vi) use the Services in any other manner which violates the Privacy Policy, these Terms of Use or any applicable law. Customer agrees to report immediately to Tank Ties, and to use best efforts to stop immediately, any violation of the terms and conditions set forth in the Privacy Policy or these Terms of Use. In the event of any suspected violation of any term, condition or restriction set forth in the Privacy Policy or these Terms of Use, or in the event Tank Ties otherwise reasonably objects to any inappropriate or improper content uploaded by Customer in connection with its use of the Service, Tank Ties may immediately disable Customer’s access to the Services and suspend its provision thereof.

RESTRICTIONS ON USE

The contents from the Website may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Tank Ties; EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Tank Ties intellectual property rights. The material in this Website is provided for lawful purposes only. If you download software from our Website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Tank Ties. Neither title nor intellectual property rights are transferred to you, but remain with Tank Ties, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

USER CONTRIBUTIONS

The Website may include interactive areas in which you or other users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites (“User Content”). By using the Website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:

1.    Unless specifically requested by Tank Ties, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);

2.    User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;

3.    User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;

4.    User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;

5.    Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;

6.    User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;

7.    Viruses, spyware, Trojan horses or any other harmful, disruptive or destructive files; and

8.    User Content that, in the sole judgment of Tank Ties, is objectionable, restricts or inhibits any other person from using or enjoying the Website or which damages the image or rights of Tank Ties, other users or third parties.

Tank Ties does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Tank Ties liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

PROPRIETARY RIGHTS

This is an agreement for services and Customer is not granted any license hereunder. All software embedded in the Services, the Professional Services, and in any applications developed, owned or controlled by Tank Ties (as applicable) (the “Software”), and the Services, are and shall remain the sole and exclusive property of Tank Ties. Accordingly, Customer acknowledges that, as between Tank Ties and Customer, Tank Ties owns all right, title and interest in and to the Software and the Services, including, without limitation, all United States and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Software or the Services. Customer acknowledges that the Software contains proprietary information and trade secrets of Tank Ties. Customer will not take any actions inconsistent with Tank Ties’s ownership of each of Tank Ties’s rights in and to the Software. Customer agrees that Customer will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this Agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; (iv) use or distribute the Software in violation of any applicable laws, regulations or export restrictions; or (v) possess or use the Software in any format other than machine-readable format. All rights in the Software not explicitly granted herein, are reserved by Tank Ties.

MONITORING AND ENFORCING TERMS OF SERVICES

Tank Ties has the right to:

1.    Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of the Website and the public or could create liability for the Company.

2.    Remove, screen, edit, modify or refuse to post any User Content for any or no reason in our sole discretion.

3.    Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

4.    Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

5.    Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TANK TIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TANK TIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Website will not contain any content that is prohibited by these Terms of Use. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

PASSWORDS

In connection with Tank Ties’s provision of the Services, Tank Ties will send to Customer’s email address or Customer may create (as designated by Customer at the time an account is established), information such as user-IDs and/or passwords which will enable Customer to access the Services (the “Passwords”). Customer agrees to maintain the Passwords in strict confidence and not to provide the Passwords to any third party. Customer will notify Tank Ties promptly if there is a loss or compromise of any Passwords and Customer will be solely responsible for all actions and fees incurred as a result of such incident resulting from the Customer’s negligence or intentional misconduct. Any unauthorized use of the Passwords by Customer will constitute a material breach of this Agreement.

SUBMISSION OF IDEAS

Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Tank Ties, the Website and our products and services (collectively, the “Ideas”). Ideas, whether posted to the Website or provided to Tank Ties by email or otherwise are entirely voluntary, nonconfidential, gratuitous and non-committal.

You hereby irrevocably assign and transfer to Tank Ties all of your rights, title and interest, on a worldwide basis, including without limitation, all intellectual property rights and moral rights, in and to such Ideas. Accordingly, Tank Ties shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. To the extent the preceding assignment and transfer is ineffective, you grant Tank Ties an exclusive, irrevocable, royalty-free, perpetual and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, and create derivative works from any such Ideas submitted to Tank Ties by you.

Tank Ties will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Tank Ties operations. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them. We may have already had the same or similar idea and we do not want disputes.

To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Ideas exist and are not exclusively owned by Tank Ties, you agree not to enforce any such rights as to us or our licensees, agents, representatives, and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.

COPYRIGHT COMPLAINTS

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent as set forth below.

Tank Ties, LLC

Attn: Marketing

info@tankties.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

In accordance with the Digital Millennium Copyright Act and other applicable law, Tank Ties has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Tank Ties may also, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

LIMITATION OF LIABILITY

Tank Ties will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Tank Ties will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if there is negligence or Tank Ties or an authorized Tank Ties representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Tank Ties total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to Tank Ties to access this Website, which in all cases should be $0.

JURISDICTION

This Agreement will be governed by the laws of the State of Texas as applied to agreements entered into and performed entirely within the State of Texas.

Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in Williamson County, Texas. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, Tank Ties shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of Texas, to which jurisdiction, for such purpose, Customer hereby irrevocably consents.

DISCLAIMER

The material in the Website could include technical inaccuracies or typographical errors. Tank Ties may make changes or improvements at any time. THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. TANK TIES DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TANK TIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TANK TIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TANK TIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

The Website contains downloadable materials as well as links to external sites. Tank Ties is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that Tank Ties cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

Tank Ties is an equal opportunity employer committed to a diverse workforce. Tank Ties franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Solicited applications are active for 180 days, after which you must reapply.

GENERAL NOTICE

These Terms of Use will be governed and be interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. Any legal action or proceeding relating to your access to, or use of the Website or these Terms of Use shall be instituted only in a state or federal court located in Travis County, Texas. You and Tank Ties agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Website. Tank Ties products and services are available in various parts of the world. However, the Website may describe products and services that are not available worldwide. The Website may be linked to other sites which are not maintained by Tank Ties. Tank Ties is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Tank Ties of the sites.

TRADEMARK AND COPYRIGHT NOTICES

The Website contains many of the valuable trademarks and service marks owned and used by Tank Ties throughout the world. These trademarks and service marks distinguish Tank Ties’s quality products and services. The content, arrangement and layout of the Site, including, but not limited to, the trademarks, service marks, package designs, text, and content, are proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Tank Ties.

The Website may also contain references to other company, brand and product names. These company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Website are either the property of, or used with permission by Tank Ties. Tank Ties may be, but is not necessarily sponsored by or affiliated with any of owners of the other company, brand and product name appearing on the Site, and makes no representations about them, their owners, their products or services.

The graphic images, buttons and text contained in the Website are the exclusive property of Tank Ties, except where otherwise noted, and, except for personal use, may not be copied, distributed, or displayed, or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Tank Ties.

Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Website, or trademarks, service marks, or trade dress found within the Website may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Website the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Website.

HYPER-LINKS NOTICE

The Website may link to sites not maintained or related to Tank Ties. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this Website or Tank Ties.

Tank Ties has not reviewed any or all of the sites hyper-linked to or from this web site and is not responsible for the content of any other sites. The links are to be accessed at the user’s own risk, and Tank Ties makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the Website. Further, Tank Ties does not implicitly endorse third-party sites hyper-linked to the Website.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Tank Ties, its affiliates, parents, subsidiaries, service providers and consultants, and each their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees for investigating and defending any actions or threatened actions) arising out of or related to (a) your use of the Website; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Website. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

WAIVER

The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms of Use will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained. All contents and code are copyright © 2018 Tank Ties, LLC. All Rights Reserved.