Terms of Use

Terms of Service updated June 07, 2022

TC2DAY INTERNATIONAL LLC, (TC2DAY or us or we), has established the following Terms of Use (“Terms of use”) to govern your access to our online services, any content or information therein, the tc2.day.com website, any subdomains of tc2.day.com, and/or any software applications provided by us, whether accessed via computer, mobile device or other technology (the “Services”).

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.

You acknowledge and agree that by using this Site, you are consenting to be bound by the following Terms of Use, as well as all applicable laws and regulations. If you do not agree with any of these Terms of Use, you are not permitted to use or access this Site. This Site’s materials are protected by copyright and trademark laws.

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.

Indemnification

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.

Links

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

The following provisions of these Terms of Use shall be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to their conflict-of-law provisions. Except as otherwise stated herein, you agree that any dispute, regardless of its nature, between us and any other entity relating to your visit and use of the Sites will be governed by the laws of the State of New York, without regard to principles of conflict of laws.

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.

YOU AND WE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE LITIGATED IN BINDING ARBITRATION. YOU HEREBY CONSENT TO EITHER PARTY’S RIGHT TO CHOOSE A NON-JUDICIAL OPTION, SUCH AS Mediator-Arbitrator OR Small Claims Court to RESOLVE THESE TERMS OF USE ISSUES. YOUR RIGHTS WOULD BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR Ajury. You agree that any dispute relating to these Terms of Use, including the interpretation of any provision thereof, or other agreements between you and us, or concerning the performance or obligations of either party, will be resolved by mandatory and binding arbitration conducted in accordance with JAMS’ rules and Consumer Arbitration Standards at the request of either party. The following conditions must apply:

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.

The dispute will be resolved by an arbitrator appointed by Streamlined Arbitration under JAMS’ streamlined rules and procedures. The arbitration shall be conducted by a single neutral arbitrator under the Streamlined Arbitration Rules & Procedures, which are subject to modification as set forth in these Terms and Conditions. For claims valued at $5,000 or less, the arbitrator shall allow reasonable discovery in accordance with the Federal Rules of Civil Procedure, to the extent permitted by the purpose of the arbitration. The arbitrator(s) has no power or authority to change or ignore any portion of this section or other provisions of these Terms of Use except as needed to comply with JAMS’ Policy on Consumer Arbitrations Under Pre-Dispute Clauses, Minimum Standards of Procedural Fairness. The hearing shall be scheduled and conducted in a timely manner. If more than one day is necessary, the arbitration hearing shall be conducted in two sessions on consecutive days unless otherwise agreed to in writing by the parties. The decision and findings of the arbitrator(s), which the parties are entitled to know, must be prepared in writing. The award of the arbitrator(s) will be final and binding on the parties, and judgment thereon may be obtained in a court of competent jurisdiction. The filing fee, established by JAMS, to start the proceeding is non-refundable. To the extent permitted by JAMS rules, each party will bear its own costs and expenses, as well as an equal proportion of the arbitrators’ and administrative charges of arbitration, while we will be responsible for our portion of costs, expenses, and fees. The Federal Arbitration Act and federal arbitration law govern these Terms of Use. The provisions of these Terms of Use that deal with the obligations, rights, or liabilities of either party shall survive termination or cancellation except as may be limited by or pursuant to applicable law.

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.

Contact

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]

If you have any questions regarding these Terms of Use or the Site, please email [email protected] Alternatively, send a letter to the following address: 759 SW Federal Highway suite 304 A Stuart, FL 34994.

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