Tap2Open – Smartphone Access for Gated Communities & Secured Doors

Terms and Conditions


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:

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:

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:

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:

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:

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