Terms of Service updated June 07, 2022
You acknowledge and agree to these Terms by using or accessing the Services. You as a user of the Services are referred to as “you” and “your” in these Terms. If you use the Services on behalf of a company or other entity, “you” includes you and that business or other entity, and you represent and warrant that (a) you are an authorized representative of the firm or other entity with the power to bind it to these Terms, (b) you agree to these Terms on behalf of the firm or other entity, and (c) the firm or other entity agrees to indemnify TC2DAY for any violations of these Terms. Please read these Terms carefully since they contain important information about your legal rights. You may not use the Services if you do not agree to these Terms.
Limitation of Liability
THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FOR THE CONTENT ON THE SITE. THE SITE MAY CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS AND WE ASSUME NO LIABILITY FOR ANY SUCH ERRORS, INACCURACIES OR OMISSIONS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE SECURE, TIMELY OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE CONTENT WILL BE ACCURATE, COMPLETE OR APPROPRIATE FOR YOUR NEEDS.
WE MAKE NO WARRANTIES THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT MADE AVAILABLE THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR-FREE. WE SHALL NOT BE LIABLE FOR ANY INCOME YOU OWE US AS A RESULT OF YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
TC2DAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (II) IN NO EVENT WILL TC2DAY BE HELD RESPONSIBLE FOR ANY OF THE FOLLOWING (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE):
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RESULTING FROM USE OF THE SITE.
DAMAGES CAUSED BY DELAYS OR INTERRUPTIONS IN USE OF THE SITE FOR WHATEVER REASON;
DAMAGES RESULTING FROM ANY FAILURE TO PERFORM DUE TO CIRCUMSTANCES BEYOND OUR CONTROL;
LOSSES CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE OR OTHER EQUIPMENT ON ACCOUNT OF YOUR USE OF TC2DAY’S SITE; AND/OR
ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RESULTING FROM USE OF OUR SITE.
You agree to indemnify and hold harmless TC2DAY from any claim or demand, including reasonable attorneys’ fees, arising out of (1) your use of the Site; (2) your breach of any representations or warranties made by you on the Site; and/or (3) your violation of law or infringement, or infringement by any other user of your account, of any intellectual property right or other right of a third party. You also agree that we may bring a claim against you in our own name and on our own behalf in connection with your use of the Site.
Modification of these Terms and Conditions
We reserve the right to change these Terms and Conditions at any time without prior notice to you. You agree that each visit you make to the Site shall be subject to the then-current Terms and Conditions. From time to time, we may modify, supplement or delete certain information, products or services described on this Site without liability. You should check back periodically for changes. We encourage you to review these Terms and Conditions whenever you use our Site because by doing so, you will learn of any changes we have made. If we modify these Terms and Conditions after you have placed an order with us, such modifications will not affect your order unless we are required by law to make the modification. If in our sole discretion we determine that you have not complied with these Terms and Conditions, been engaged in fraudulent or illegal activity, or otherwise misused the Site, we may take any action we deem appropriate without notice to you.
Limitations of Liability.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR ANY KIND OF DAMAGES, INCLUDING PERSONAL INJURY OR DEATH, AND/OR (B) FOR ANY CLAIMS MADE BY A THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, THE CONTENT, INFORMATION OR OTHER MATERIALS CONTAINED ON OR RECEIVED THROUGH ACCESS OR USE OF THE SERVICES, THE PRODUCTS OR SERVICES LISTED OR ADVERTISED ON THE SERVICES, OR ANY PRODUCTS OR SERVICES RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS, AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This Site may be linked to other websites, and TC2DAY has not reviewed all of these sites. The inclusion of a link on this site does not imply an endorsement by TC2DAY. It is the user’s responsibility to use any linked web site at his or her own risk.
Dispute Resolution and Arbitration
If we don’t agree on something and you want to address the problem, you must write us a letter. We agree that in the event of a dispute, the person wishing to address it must first notify the other party in writing, including by e-mail, and describe the issue as fully as possible. Notices to us may be sent to any email address or physical address you supply us with, and all such communications should be directed to: [email protected]
After that, the disputing parties must make a good-faith effort to resolve the problem before taking more formal procedures. If the dispute is not resolved through this procedure, the person who brought it up may proceed to mandatory arbitration as provided for below.
Unless you choose to have the dispute decided by phone or in writing, an in-person arbitration hearing will be held at a JAMS facility near you or in New York, New York. The arbitrator will be chosen utilizing JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the size of the claim as described below.
Class Action Waiver
You and we agree that any dispute, claim or other proceeding brought between you and us will be resolved on an individual basis, not as a class action, mass action, or on a consolidated or representative basis. The arbitrator has no power to grant classwide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that, by signing this document, you are expressly prohibited from bringing claims in arbitration on behalf of others. If a dispute goes to court rather than to an arbitration hearing for any reason, each party waives its right to a jury trial. The entire Class Action Waiver is unenforceable, unconscionable, void, or voidable. It may be determined only by a court of competent jurisdiction and not by an arbitrator that any portion of this Class Action Waiver is unenforceable, unconscionable, void, or voidable.
Residents of California who use this Site are entitled to be informed that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone (916) 445-1254 or (800) 952-5210. Residents can also send an email to [email protected]