Online Software for profit enhancement, cash management, business valuation, exit plan solutions

THE TASCON® BUSINESS ANALYST
END USER LICENSE AGREEMENT

Last Updated: March 27, 2008

IMPORTANT:

THIS AGREEMENT IS A CONTRACT.
 IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
PLEASE READ THIS AGREEMENT CAREFULLY, AND PRINT IT, BEFORE CLICKING  “I ACCEPT”

CLICKING “I ACCEPT” MEANS YOU ACCEPT THIS EULA AND UNDERSTAND THAT IT WILL BE LEGALLY BINDING ON YOU AND ANYONE WHO ACCESSES THE SITE AND/OR THE TASCON® BUSINESS ANALYST USING YOUR ACCOUNT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS EULA, OR DO NOT WANT THE EULA TO BE BINDING ON YOU, YOU SHOULD CLICK “I DECLINE.” IN SUCH CASE, YOU SHALL HAVE NO AUTHORIZATION WHATSOEVER TO ACCESS OR USE THE SITE OR THE TASCON® BUSINESS ANALYST.

 

TABLE OF CONTENTS
The Parties
Company Agents and Representatives
Acceptance of terms through use
Changes to this Agreement
Licensee Registration Data; Account Security
Email and Notices
License and Site Access
License Term and Termination
Licensee Data
Internet Access Requirement
User Conduct and General Practices
User Representations
Co-Branding, Framing, Metatags and Linking
Third Party Websites and Content
Copyright and Trademark Notices
Parental Control Protections
Special Admonitions for International Use
Digital Millennium Copyright Act (DMCA) Policy and Notification
Disclaimer of Warranties
Limitation of Liability
Submissions
Miscellaneous
Acceptance of Electronic Contract
Currency
Payments
Stale Checks

 

 

The Parties
This End User License Agreement (referred to as the "Agreement" or “EULA”) is made by and between TAS CONSULTING GROUP, INC. and its corporate affiliates (referred to herein as “we,” “us,” “Company,” “Licensor” or “TASCON”), a Wisconsin corporation having its office at 7780 Elmwood Avenue, Suite 100, Middleton, WI 53562 and you (referred to herein as [and as appropriate to the context] "you," "your," "User" “Demonstration Licensee” or “Registered Licensee”).  This Agreement contains the terms and conditions that govern your use of the web site found at http://www.thebusinessanalyst.com and any of its sub-domains (collectively, the “Site”), and the online business application and related documentation known as The TASCONâ Business Analyst (the “Service"). You and Company may be referred to collectively herein as the “Parties” and individually as a “Party.” 

IN CONSIDERATION and exchange of the mutual covenants of the Parties contained herein and the mutual benefits to be received under this Agreement, the Parties agree as follows:

Company Agents and Representatives. You understand and expressly acknowledge that Company’s sales agents and representatives are independent contractors and are neither employees nor officers of Company, notwithstanding any title or Company materials any such agent or representative may use, and notwithstanding any seemingly contrary representation or appearance any such agent or representative may advance.

Acceptance of terms through use
By accessing or using the Site or Service, you signify that you have read, understand and agree to be bound by this EULA whether you are simply browsing the Site, evaluating the Site and Service pursuant to a demonstration license or accessing the Site and Service as a Registered Licensee (collectively, “Users”).
This EULA also includes, and by accessing or using the Site or Service you are agreeing to be bound by, the privacy policy found at www.thebusinessanalyst.com/privacy and all other legal notices posted on the Site and applicable to the Site and/or Service (collectively, the “Policies”). The Policies are incorporated herein by this reference, and you agree to their terms. You should review the Policies frequently and carefully.
By using the Site or Service you are consenting to have your personal data transferred to and processed in the United States.
Nothing in this Agreement shall be deemed to authorize you to access or use the Service unless and until you become a Registered Licensee and pay all applicable License Fees.

Changes to this Agreement. We may change or modify this EULA (including the Policies) at any time without further notice and such changes or modifications will become effective upon being posted on the Site. We will indicate at the top of its first page the date the EULA was last revised. Your continued use of the Service or the Site after any change or modification constitutes your acceptance of the revised EULA. If you do not agree to abide by these or any future versions of the EULA, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to check the Site regularly to determine if there have been changes to the EULA and to review such changes.

Licensee Registration Data; Account Security
In order to access the Service and some features of the Site, you must create an account, become a Registered Licensee, and pay the applicable License Fee. You may not use the account of any other person or entity.
For purposes of this Agreement, you are not a “Registered Licensee” until you have paid the applicable License Fee for the Service. If Company grants you temporary access to the Service for demonstration purposes you are considered a “Demonstration Licensee” and, as such, are subject to all the terms and conditions of this Agreement, provided, however, that your license to use the Service (“License”) shall expire at the end of the specified demonstration period. For the avoidance of doubt: aside from references to the term of the License, all references in this Agreement to a Registered Licensee shall also include a Demonstration Licensee.
In consideration of your use of the Site and/or Service (and in addition to the other terms, conditions and covenants contained herein), you agree (as more fully described below) to:

  • provide accurate, current and complete information about you as may be requested by any registration form on or relating to the Site or Service ("Registration Data");
  •  maintain the security of your username and password;
  • maintain and promptly update your Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and
  • be fully responsible for all use of your account and for any actions that take place using your account.

You consent and authorize us to verify your Registration Data as required for your use of and access to the Site and Service.  
As a Registered Licensee, you will receive a unique username and password in connection with your account (collectively referred to herein as your "Username"). You are solely and entirely responsible for maintaining the confidentiality of your Username and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. Company is not liable for any harm caused by or related to the theft of your Username, the disclosure of your Username, or your authorization to allow any other person to access or use the Site or Service using your Username. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account, including, but not limited to, any charges incurred relating to the Site or Service. You agree to notify us immediately of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data transmitted while using the Site or Service cannot be guaranteed.  
Company, in its sole discretion and without notice to you, may freeze or otherwise disable access to your account for a reasonable period of time to investigate any good faith suspicion Company may have regarding activities occurring under your account that may be in violation of this Agreement and/or applicable law.
You agree that your failure to abide by any provision of this Agreement, the Policies or any other Company operating rule or policy, your willful provision of inaccurate or unreliable Registration Data, your failure to advise Company regarding changes in your Registration Data, and/or your failure to respond to inquiries from Company concerning the accuracy of your Registration Data shall be considered a material breach of this Agreement. If within ten (10) calendar days after Company provides notice (in any form and via any method of delivery) to you of such material breach, you fail to provide evidence, reasonably satisfactory to Company, that you have not breached your obligations under this Agreement, Company may terminate your account without further notice to you and without any obligation to refund any License Fee, portion thereof or other sums you may have paid to Company.  

Email and Notices.  You agree that Company may provide any and all notices, statements and other communications to you through the e-mail address specified in your Registration Data or, in Company’s sole discretion, by mail, express delivery service, facsimile or other electronic communication sent to the respective addresses specified in your Registration Data.

License and Site Access
Contingent upon your compliance with all the terms and conditions of this Agreement, Company grants you a personal, revocable, nontransferable, and non-exclusive license to access and make use of the Site and (if you are a Registered Licensee) the Service, and to use the object code of the Site on a single computer, subject to the following terms and conditions:  

  • You do not, and do not allow any third party to, copy, modify, create a derivative work from, or attempt to transfer any right in the software for the Site or the Service; and
  • You do not download (other than page caching) or modify the Site or Service or any portion of either, without Company’s express written consent; and
  • You do not download (other than page caching), modify or exercise any other right to any Licensee Data (as defined in this Agreement) that you do not exclusively own, without a written license from the owner(s) thereof; and
  • You do not download (other than page caching), modify or exercise any other right to any Site Content (as defined in this Agreement), without a written license from Company; and
  • You abide by all the terms and conditions of this Agreement, including without limitation the requirements set forth under the section of this Agreement titled User Conduct and General Practices.

Except as otherwise specifically permitted herein, this license expressly excludes any resale of any part of the Site or the Service; any derivative use of the Site or the Service; any downloading or copying of any other User’s Registration Data; and any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor the Service nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited without Company’s express written consent.  
The Site and Service are protected by all applicable federal and international intellectual property laws. No portion of the Site or Service may be reprinted, republished, modified or distributed in any form without Company’s express written permission. You agree not to reproduce, reverse engineer, decompile, disassemble or modify any portion of the Site or Service. Certain content and functionality may be licensed from third parties and all such third party intellectual property rights related thereto belong to the respective third parties.
You acknowledge that Company reserves and retains exclusive ownership of the Site and Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any right or license to patents, copyrights, trade secrets or trademarks with respect to the Site or Service, and Company reserves all rights not expressly granted hereunder. You shall promptly notify Company in writing upon your discovery of any unauthorized use or infringement of the Site or Service or Company' patents, copyrights, trade secrets, trademarks or other intellectual property rights. The Site and Service contain proprietary and confidential information that is protected by applicable law.  
Violations of this Agreement may result in civil and/or criminal liability. We have the right to investigate occurrences that may involve such violations and may provide information to and cooperate with law enforcement authorities in connection with such occurrences.

License Term and Termination.
If you are a Demonstration Licensee, the term of your License shall expire at the end of the specified demonstration period.
If you are a Registered Licensee, the term of your License shall be one year commencing upon Company’s collection of the applicable License Fee for such period (or, if Company has expressly authorized you to pay your License Fee in monthly installments, upon Company’s collection of the first installment payment.) Licenses shall not automatically renew.
You may terminate your License at any time by providing notice to Company in accordance with the provisions of this Agreement.

Your License and access to the Service will terminate immediately if you fail to comply with any term or condition of this Agreement. In such event, no notice shall be required by Company to effect such termination. Any breach by you of any terms or conditions herein, including but not limited to timely payment of all License Fees, shall be deemed material.

Either Party may terminate your License immediately by written notice if the other Party makes an assignment for the benefit of creditors, becomes subject to a bankruptcy proceeding or is subject to the appointment of a receiver.
License Fees collected by Company are nonrefundable, notwithstanding termination of your License for any reason or by any Party.

Licensee Data. In this Agreement, the term “Licensee Data” means any data, information or other materials of any nature whatsoever you upload, enter or post on, at or through the Site or Service, or by any other means, in the course of registering for, implementing and/or using the Site or Service.
You acknowledge, consent and agree that Company may access, preserve and disclose your account information and Licensee Data if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the EULA; (c) respond to claims that any Licensee Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, its Users and the public.

You acknowledge and agree that following termination of your account, License and/or use of the Service, Company may immediately deactivate and delete your account and Licensee Data. You further agree that Company shall not be liable to you or to any third party for any termination of your access to the Service or deletion of Licensee Data.

Company may in its sole discretion, but shall not be required, to retain Licensee Data for purposes of convenience in order to accommodate Users who may wish at a later time to renew their Licenses. Company makes no representation that your Licensee Data will be available for this purpose, following termination of your License.

Internet Access Requirement.  In order to use the Service, you must have or must obtain access to the World Wide Web, either directly or through devices that access Web-based content. You must also provide all equipment necessary to make and maintain such connection to the World Wide Web.

User Conduct and General Practices
Without limiting any other provision of this Agreement, you agree not to use the Service or the Site in any unlawful manner or, without limitation, to:

  • harvest or collect email addresses or other contact information from other users of the Service or the Site by electronic or other means;
  • damage, disable, overburden or impair the Site or the Service;
  • use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • interact with minors in any way;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate, “stalk” or harass another;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another's account, service or system without authorization from Company, or create a false identity on the Service or the Site;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) pursuant to Section 219 of the Immigration and Nationality Act; and/or
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which may expose Company or its Users to any harm or liability of any type.

You understand that the technical processing and transmission of the Service, including your Licensee Data, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store any communications, Licensee Data or Site Content. You further acknowledge that Company reserves the right to modify these general practices and limits from time to time.
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service.

User Representations
By accepting this Agreement you expressly warrant and represent the following to Company and acknowledge that Company is relying upon such warranties and representations:

  • That all factual assertions you have made and will make to us are true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; and that in any event you are at least 18 years of age. 
  • That you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit Licensee Data on the terms provided herein and to grant Company the licenses set forth herein.
  • That no other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Licensee Data on the terms provided herein or to grant Company the licenses set forth herein. 
  • That your Licensee Data does not infringe on the personal, privacy, publicity or intellectual property rights of any person or entity, and that neither it nor the act of submitting it to Company is otherwise actionable at law or equity.
  • That you have neither intentionally nor with gross negligence submitted any Licensee Data containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our Users. 
  • You agree to sign and deliver to Company any additional documents that Company may request to confirm Company’s rights and your warranties and representations under this Agreement, without the necessity of additional consideration.  
  • You acknowledge that Company is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify Company, its licensees, assigns, customers and corporate affiliates against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.

You are solely responsible at your own cost and expense for creating backup copies and replacing any Licensee Data you post or store on the Site or Service or otherwise provide to Company.

You shall retain all ownership rights in and to your Licensee Data. Notwithstanding, when you post, transmit or share Licensee Data, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the storage of such Licensee Data on the Site and Service.
You may remove your Licensee Data from the Site or Service at any time. You understand and agree, however, that Company may in its sole discretion retain server copies of Licensee Data that have been removed or deleted.
COMPANY DOES NOT CONTROL LICENSEE DATA POSTED TO THE SITE OR VIA THE SERVICE AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH LICENSEE DATA.

Co-Branding, Framing, Metatags and Linking
You may not co-brand the Site or Service. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of Company in such a manner as is reasonably likely to give the impression that you have the right to display, publish, or distribute the Site or Service or content accessible within the Site or Service. You agree to cooperate with Company in causing any unauthorized co-branding immediately to cease.
You may not frame or use framing techniques to enclose any Company trademark, logo, or other proprietary information (including but not limited to images, text, page layout, and form) without Company’s express written consent. You may not include Company’s name or trademarks in any metatags or any other "hidden text" without Company’s express written consent.
You are granted a limited, revocable, nonexclusive license to create a hyperlink to the Site’s home page, provided that you comply with all of the following:

  • The link must be a text-only link clearly marked “THE TASCONâ BUSINESS ANALYST” or "www.thebusinessanalyst.com”
  • The link must "point" to the URL <http://www.thebusinessanalyst.com> and not to any other page within or without the Site;
  • The link, when activated by any person, must display the Site full-screen and not within a "frame" on the linking or any other site;
  • The link shall not portray Company or its products or services in any false, misleading, disparaging or otherwise offensive manner;
  • The link may not use any Company logo or other proprietary graphic or trademark as part of the link without Company’s prior express written permission; and
  • The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create any false appearance that we are associated with or sponsor the linking or any other site.

We reserve the right to revoke this license to link at any time in our sole discretion, without notice.  
Any unauthorized activity by you as set forth in this provision shall result in the immediate and automatic termination of your account and all permission, rights and/or licenses granted to you by Company, and may also result in such additional action as Company deems necessary to protect and enforce its legal rights.  

Third Party Websites and Content
You understand that the Site may contain links to third party web sites that are not owned or controlled by Company ("Third Party Sites") and that Third Party Sites may contain advertisements, pictures, graphics, photographs, trademarks, logos, text, comments, messages, information, audiovisual work, sound recordings, musical compositions, lyrics, and other works and intellectual property (without limitation, “Third Party Content”) that is not owned or controlled by Company.
Without in any way limiting any other provisions of this Agreement, Company makes no representations whatsoever about any Third Party Site or Third Party Content that you may access through the Site. When you access any other website, you understand that it is entirely independent from the Site, and that Company has no control over the content of such website nor of its policies. Company will not and cannot investigate, monitor, censor or edit the content of any Third Party Sites or Third Party Content. It is up to you to take precautions to ensure that Third Party Sites and Third Party Content are free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.  If you access any Third Party Site or use or install any Third Party Content, you do so at your own risk.
In addition, a link to another website does not mean that Company endorses or accepts any responsibility for the content, use or policies of the linked website or that the policies of that website are consistent with our policies or the terms and conditions of this Agreement. We strongly encourage you to become familiar with the terms of use and practices of any linked site. You acknowledge and agree that all Third Party Content and Third Party Sites shall be governed by the terms of use and other rules established by the owners, operators or providers of such Third Party Content and/or Third Party Sites, and that Company shall not be a party to, and shall play no role whatsoever in any dispute you may have with the owners, operators or providers of such Third Party Content and/or Third Party Sites
By using the Site and/or Service, you expressly release Company from any and all liability arising from your use of any Third Party Site or Third Party Content.

Copyright and Trademark Notices
Except for Licensee Data, all content included on the Site and Service, including but not limited to text, graphics, logos, layout, design, button icons, images, data compilations, “white papers,” code and source code, multimedia content (including but not limited to images, illustrations, audio and video clips), html and other mark up languages, all scripts within the Site and Service or associated therewith and all other work and intellectual property of any type or kind, whether patentable or copyrightable or not (hereinafter, without limitation, “Site Content”), is the property of Company or its content suppliers and is protected by United States and international copyright laws with All Rights Reserved. The compilation of all Site Content on the Site is the exclusive property of Company and is protected by United States and international copyright laws with All Rights Reserved. All software used on this site is the property of Company or its software suppliers and is protected by United States and international copyright laws with All Rights Reserved.
The trademarks “TASCON,” “The TASCONâ Business Analyst,” “Your Path to Profit,” “Keep On Track” and all logos, URLs and trade dress related to the Site and Service (collectively, the “Company Marks”) are exclusively owned by Company.  Other trademarks, service marks, logos, labels, product names and service names appearing in Site Content and not owned by Company or its subsidiaries, are the property of their respective owners.
You agree not to copy, display or otherwise use any Company Marks without Company’s prior written permission. Company Marks may never be used in any manner likely to cause confusion, disparage or dilute the Company Marks and/or in connection with any product or service that is not authorized or sponsored by Company.
You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any Site Content.

Parental Control Protections. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com

Special Admonitions for International Use
We make no representation that products or services available on or through the Site or Service are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site or Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 
Products, including software, made available through the Site or any Service are further subject to United States export controls. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No such products may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any product available through the Site or Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or Service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.

Digital Millennium Copyright Act (DMCA) Policy and Notification
Section 512 of the Copyright Law of the United States (17 U.S.C. §512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider’s website. TAS Consulting Group, Inc. has designated an agent to receive notification of alleged copyright infringement (our agent is identified below). This notification is made without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512, to TAS Consulting Group, Inc.

How to report a claim of infringement
If you believe that any of your exclusive rights under United States copyright law have been violated in a manner that constitutes infringement, and that the allegedly infringing material is accessible on this site or through TAS Consulting Group, Inc. as an online service provider, you must notify our designated agent.
The law requires that to be valid, your claim of copyright infringement must be written and addressed to our agent (identified below) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist our agent’s investigation of your claim.
Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) TAS Consulting Group, Inc. will undertake to have the disputed material removed from public view. We will also notify the user who posted the allegedly infringing material that we have removed or disabled access to that material. TAS Consulting Group, Inc. has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false.
Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution.

How to make a counter notification

  • If you are a TAS Consulting Group, Inc. user and you feel that material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified below) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):
  • A physical or electronic signature of the subscriber;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, TAS Consulting Group, Inc. is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.
It is TAS Consulting Group, Inc.’s policy to terminate users who are found to be repeat infringers.

TAS Consulting Group, Inc.’s designated agent is THEODORE SEE.
By e-mail: TASCON Legal Department   (Subject line: DMCA)
By mail: TAS Consulting Group, Inc., 7780 Elmwood Avenue, Suite 100, Middleton, WI 53562. Attn: Theodore See

Disclaimer of Warranties.
You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Company shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of the Site or Service.
A possibility exists that the Site or Service could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Service. Although we attempt to ensure the integrity of the Site and Service, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which the Site's or Service’s completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable.
Company disclaims any and all responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or Licensee Data. Company disclaims any and all responsibility for harm resulting from downloading or accessing any information, Licensee Data or Site Content on the Internet or through the Site.
THIS SITE AND SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO DISCLAIMERS FOUND ELSEWHERE IN THIS AGREEMENT, COMPANY AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY COMPANY SERVICE. COMPANY AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES, AGENTS, USERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. COMPANY AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE. 

COMPANY AND ITS OWNERS, AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, EMPLOYEES AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SERVICE AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA. 
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.  

Limitation of Liability.
NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (TOGETHER, FOR PURPOSES OF THIS SECTION, “COMPANY”), ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY COMPANY SERVICE OR ANY LINKED SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL FEE, IF ANY, PAID BY YOU TO COMPANY FOR ACCESS TO THE SERVICE FOR THE THIRTY-DAY PERIOD COMMENCING ON THE DATE OF YOUR ACCEPTANCE OF THIS AGREEMENT (FOR THE AVOIDANCE OF DOUBT: THIS SUM IS ONE-TWELFTH OF YOUR ONE-YEAR LICENSE FEE FOR A SINGLE USER). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY COMPANY SERVICE, FROM INABILITY TO USE THE SITE OR ANY COMPANY SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY COMPANY SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED AT, IN OR THROUGH THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE OR ANY COMPANY SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SITE OR ANY COMPANY SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR ANY COMPANY SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.  

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.  

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL COMPANY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, EPIDEMIC, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.  

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions") provided by you to Company are non-confidential and shall become the sole property of Company. You hereby assign to Company all exclusive rights, including all intellectual property rights, to Submissions and Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you.

Miscellaneous.
Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Company’s option. 

This Agreement is binding on the Parties and their respective heirs, legatees, executors, successors and assigns. Except for Policies and other agreements incorporated by reference herein, this Agreement is the entire agreement between the Parties and supersedes all prior written or oral agreements between the Parties relating to the subject matter hereof, including but not limited to any and all prior written or oral representations made by any independent Company agent. If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The Parties’ various rights and remedies hereunder shall be construed to be cumulative.

This Agreement shall be deemed to have been made in the United States of America, State of Wisconsin, and it shall be governed by the substantive laws of the State of Wisconsin without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in Dane County, Wisconsin, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections.

Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.

Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.  

No breach of this Agreement by Company shall be deemed material unless you shall have given Company written notice of such breach, and Company shall fail to cure such breach within thirty (30) days after its receipt of such notice.  

All notices required to be sent to Company under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, to TAS Consulting Group, Inc., 7780 Elmwood Ave., Suite 100, Middleton, WI 53562,  Attention: Legal (or such other address or addresses as may be designated by Company herein).

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notice for California Users. Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. The provider of service is TAS Consulting Group, Inc., 7780 Elmwood Ave., Suite 100, Middleton, WI 53562. There is a charge for using the Service. Charges are available by contacting Company at the above address, Attention: Customer Service.

You agree to defend, indemnify and hold Company harmless against any losses, expenses, costs or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your User account. Company may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. 

Acceptance of Electronic Contract. You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.  

FINANCIAL TERMS AND CONDITIONS

Currency. Service License Fees are based on United States dollars. Payments for same shall be made to Company in United States dollars.

Payments. You agree to pay for all License Fees and charges incurred under your Username. All License Fees and charges must be paid with a credit or debit card or similar form of payment (a "Card” payment method). Company may, in its sole discretion, require License Fees to be paid in full or, alternatively, authorized to be paid in equal monthly installments. You authorize any and all charges and License Fees incurred under your Username to be billed from time to time to your Card account. It is your sole responsibility to advise Company of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you. Your Card issuer agreement governs the use of your designated Card account in connection with any fee, purchase or Service; you must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a Cardholder. 

Stale Checks. Checks issued by Company to any User, for any purpose, are VOID after 180 days from the date of issue. Users who fail to cash Company-issued checks within such 180-day period will be charged a $25.00 fee for re-depositing funds from the stale check to the User’s Account. Users requesting replacement checks will be charged an additional $25.00 fee for issuance of the replacement check. 

 

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

 

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