Terms of Service
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Tap2Open, LLC, also known as Tap2Open, located at 2234 N. Federal Highway #447, Boca Raton, FL 33431, and our subsidiaries and affiliates, in association with the use of the Tap2Open website, which includes Tap2Open (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
This website is designed to provide the User with the ability to provide their authorized, chosen <%= pluralize(value('guest')) %> with access to their premises at a time convenient to the User.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website, are the sole property of Tap2Open, LLC. At its discretion, Tap2Open, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Tap2Open, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Tap2Open, LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Tap2Open, LLC shall not assume any responsibility or obligation for the timeliness or missed delivery of Services.
REGISTRATION
To register and become a “member” of the Site, you must be 16 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Tap2Open’s Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
| a) | furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and |
| b) | maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. |
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Tap2Open, LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Tap2Open, LLC Services, or any portion thereof.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the Tap2Open, LLC Online Privacy Policy (see the full Privacy Policy for details). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Tap2Open, LLC and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
Your member account, username, and password will be setup or provided to you in a manner chosen and performed by your Homeowner’s Association/Condominium Association/or <%= titlecase(value('property')) %> Manager. You are responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Tap2Open, LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Tap2Open, LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a member of the Site, you herein acknowledge, understand and agree that it is the expressed sole responsibility of you as the User/Member, to decide who you invite onto your premises and at what time. Tap2Open, LLC is therefore in no way responsible for any behavior of any individual whom you invite to your premises and who gains access to those premises via <%= a(value('invitation')) %> and sent to them by you via Tap2Open, LLC. Moreover, by using Tap2Open, LLC’s Services, you agree to hold Tap2Open, LLC harmless for any and all injuries or damages suffered, to person or property, as a result of any action or inaction on the part of any individual who gains access to your premises via <%= a(value('invitation')) %> sent through Tap2Open, LLC’s Services.
Furthermore, you herein agree not to make use of Tap2Open, LLC’s Services for the purpose of:
| a) | inviting <%= a(value('guest')) %>/<%= pluralize(value('guest')) %> into your <%= value('community') %> with the intention that he/she/they will commit crimes while in your <%= value('community') %> or aid you in any way in committing a crime; |
| b) | causing harm to any person or property; |
| c) | impersonating any individual or entity, including, but not limited to, any users or members of Tap2Open, LLC; |
| d) | disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’, members’, or <%= possessive(pluralize(value('guest'))) %> ability to use Tap2Open, LLC’s Services; |
| e) | interfering with or disrupting any Tap2Open, LLC Services, servers and/or networks that may be connected or related to our website; |
| f) | intentionally or unintentionally violating any <%= value('community') %>, local, state, federal, national or international law or bylaw; |
| g) | providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act; |
| h) | “stalking” or with the intent to otherwise harass another individual; and/or |
| i) | collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. |
Tap2Open, LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
| a) | compliance with any legal process; |
| b) | enforcement of the TOS; |
| c) | responding to requests for customer service; or |
| d) | protecting the rights, property or the personal safety of Tap2Open, LLC’s website, its visitors, users and members, including the general public. |
INDEMNITY
All users and/or members herein agree to insure and hold Tap2Open, LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, the use of Tap2Open Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Tap2Open’s sites.
USE AND STORAGE GENERAL PRACTICES
You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Tap2Open, LLC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
MODIFICATIONS
Tap2Open, LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
LINKS
Either Tap2Open, LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Tap2Open, LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Tap2Open, LLC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Tap2Open, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Tap2Open, LLC Services (e.g. Content or Software), in whole or part.
Tap2Open, LLC herein has granted you a personal, non-transferable and non-exclusive rights and/or license to make use of the object code, source code, or our Software, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Tap2Open, LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
| a) | THE USE OF TAP2OPEN, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. TAP2OPEN, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. | ||||||||||
| b) |
TAP2OPEN, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT
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| c) | ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF TAP2OPEN, LLC’S WEBSITE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. | ||||||||||
| d) | NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM TAP2OPEN, LLC OR BY WAY OF OR FROM OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TAP2OPEN, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
| a) | THE USE OR INABILITY TO USE OUR SERVICE; |
| b) | AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE, INCLUDING THE ACTIONS OF ANY INDIVIDUALS WHO GAIN ACCESS TO YOUR PREMISES VIA TAP2OPEN, LLC’S WEBSITE. |
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
NOTICE
Tap2Open, LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Tap2Open, LLC trademarks, copyright, trade name, service marks, and other Tap2Open, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Tap2Open, LLC. You herein agree not to display and/or use in any manner the Tap2Open, LLC logo or marks.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Tap2Open, LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Tap2Open, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Tap2Open, LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Tap2Open, LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Tap2Open, LLC, shall be filed within the courts having jurisdiction within the County of Palm Beach, Florida or the U.S. District Court for the Southern District of Florida located in said state. You and Tap2Open, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Tap2Open, LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your moving out of your residential unit or death. Upon notice by your Homeowner’s Association, Condominium Owner’s Association, or <%= titlecase(value('property')) %> Manager that you have moved, or a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 4 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Tap2Open, LLC as follows:
Mailing Address:
Tap2Open, LLC
2234 N. Federal Highway
#447
Boca Raton, FL 33431
Telephone: 561-740-6736
Email: sales@tap2open.com
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