Please read the following terms and conditions carefully.
1. Acceptance of Terms
Before you begin setting up your TallyZoo (herein referred to as we, us, or TallyZoo) account (herein referred to as Account), please read the following Terms of Use (Terms) carefully. You can review the most current version of the Terms at any time here. By using TallyZoo, whether or not you create a membership account, you are deemed to have agreed to these terms and conditions of use. These Terms govern your access to and use of the TallyZoo service (Service). Your access to and use of the Service are expressly conditioned on your compliance with these Terms. When using particular TallyZoo owned or operated services and software, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. Note that any violation of these Terms may result in termination of the TallyZoo service to you. TallyZoo reserves the right to change these Terms from time to time or at anytime. All changes will become effective on the date they are posted. Please refer to this site periodically for any changes. By continuing to access or use the Service after TallyZoo makes any such changes, you agree to be bound by the revised Terms, whether or not you have reviewed them.
2. Description of Service
TallyZoo currently provides members with access to a number of online resources and software for creating and hosting personal logs, graphs, dashboards, comments, and privacy permissions. User created content such as data points, geotags, text, images, comments, graphics, messages or other materials ("Content") may reside on TallyZoo's servers or on the servers of a third party. Unless clearly stated otherwise, any new features added to the current Service will be subject to these Terms.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for TallyZoo to provide the Service. You also understand and agree that the Service may include certain communications from TallyZoo, such as service announcements and administrative messages and that these communications are considered part of TallyZoo membership.
3. Website Access and Membership Information
A. TallyZoo hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) you will not copy or distribute any part of the Website in any medium without TallyZoo's prior written authorization; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or TallyZoo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TallyZoo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We recommend that you choose a password consisting of both letters and numbers and at least six (6) characters in length. You must notify TallyZoo immediately of any breach of security or unauthorized use of your account. Although TallyZoo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TallyZoo or others due to such unauthorized use.
C. If you access TallyZoo through or by means of a mobile device such as our TallyZoo iphone application, another application such as a mobile web browser (e.g., a Blackberry or an iPhone) there may be fees that apply to the data transferred by your service provider (e.g., your phone company or other service provider).
4. TallyZoo Privacy
Please read our Privacy Policy which describes the personally identifiable information (the “Personal Information”) we collect, use, disclose, manage and store.
5. Website Content
The content on the TallyZoo Website, except User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to TallyZoo, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, except as permitted by these Terms and Conditions, without the prior written consent of TallyZoo or the respective owners. TallyZoo reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the TallyZoo Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TallyZoo Website or the Content therein.
6. User Submissions
A. The TallyZoo Website may now or in the future permit the submission of data, writings, photos, art works or other visual images submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, TallyZoo does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize TallyZoo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. FOR CLARITY, YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS, BUT LICENSE IT TO TALLYZOO ON A WORLDWIDE BASIS FOR THE DURATION THAT YOU KEEP SUCH USER SUBMISSION POSTED. However, by submitting the User Submissions to TallyZoo, you hereby grant TallyZoo: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your User Submissions within the Website as permitted by you through your interactions on the Website, and (ii) use, distribute, reproduce and make derivative works (and to authorize third parties to use and reproduce) any of your User Submissions in any or all media in connection with the Website or any other part of TallyZoo’s business, including its marketing and promotional activities, provided that in the event that your User Submissions appears publicly in material under the control of TallyZoo, and you provide written notice to TallyZoo of your desire to discontinue the distribution of such User Submissions in such material (with sufficient specificity to allow TallyZoo, in its sole discretion, to identify the relevant User Submissions and materials), TallyZoo will make commercially reasonable efforts to cease its distribution of such User Submission following the receipt of such notice, although TallyZoo cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your User Submissions from TallyZoo’s servers and from the Website, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your User Submissions as TallyZoo may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Website. Further, you agree to grant to TallyZoo a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth at the Privacy Policy page; (d) a license to use, reproduce, distribute, display, and perform the User Submissions in connection with the TallyZoo Website and TallyZoo’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the TallyZoo Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TallyZoo Website a license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. FOR CLARITY, YOUR USER SUBMISSIONS MAY BE PUBLICLY AVAILABLE TO ANYONE USING THE TALLYZOO WEBSITE, WHETHER THEY ARE SUBSCRIBERS OR NOT. The foregoing license granted by you terminates once you remove or delete a User Submission from the TallyZoo Website.
C. IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED, PROTECTED BY TRADE SECRET OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT TALLYZOO ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE TALLYZOO OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, DEFAMATORY, LIBELOUS, HARASSING, HATEFUL, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR IS OTHERWISE INAPPROPRIATE; (IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS; OR (V) IMPERSONATE ANOTHER PERSON. TallyZoo expressly disclaims any and all liability in connection with User Submissions. TallyZoo does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TallyZoo will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. TallyZoo reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to defamatory material. TallyZoo may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
D. You understand that when using the TallyZoo Website, you will be exposed to User Submissions from a variety of sources, and that TallyZoo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that may be inaccurate, or that you may find offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TallyZoo with respect thereto, and agree to indemnify and hold TallyZoo, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
E. DELETING YOUR TALLYZOO ACCOUNT DOES NOT NECESSARILY DELETE USER SUBMISSIONS THAT YOU MAY HAVE POSTED TO PLACES OTHER THAN YOUR TALLYZOO PROFILE. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO DELETE ANY USER SUBMISSIONS THAT YOU NO LONGER WISH TO BE PUBLICLY VIEWABLE OR PUBLICLY AVAILABLE.
6. Member Conduct
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TallyZoo, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TallyZoo does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation of the following terms and guidelines or any other provision of these Terms, it will be TallyZoo's sole discretion as to what action should be taken. To notify TallyZoo of any abuse, please send email to the TallyZoo compliance team.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a TallyZoo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- upload, post, email, transmit 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;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- 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) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.
You acknowledge that TallyZoo may or may not pre-screen Content, but that TallyZoo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, TallyZoo and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TallyZoo or submitted to TallyZoo, including without limitation information in TallyZoo Community Areas, and in all other parts of the Service.
You acknowledge, consent and agree that TallyZoo may access, preserve, and disclose your account information and Content 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 Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TallyZoo, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by TallyZoo and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. Copyright Owners
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement notices should be sent to copyright@tallyzoo.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
8. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, 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.
9. External Links
The Website may contain links to other websites. TallyZoo is not responsible for the privacy practices or content of other websites. When you leave the TallyZoo Website, TallyZoo advises you to read the privacy statements of each and every website that collects personally identifiable information. The presence of external links on the Website does not imply TallyZoo’s endorsement of or association with the linked site. These Terms of Use apply solely to TallyZoo’s Website. In no event shall TallyZoo be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or the material accessed through these linked sites.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your TallyZoo I.D.), use of the Service, or access to the Service.
11. Modifications to Service
TallyZoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TallyZoo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that TallyZoo may, under certain circumstances and without prior notice, immediately terminate your TallyZoo account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your TallyZoo account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in TallyZoo's sole discretion and that TallyZoo shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
13. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TallyZoo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. Indemnity
You agree to indemnify and hold TallyZoo, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
OUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TALLYZOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TALLYZOO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALLYZOO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Electronic Communications Privacy Act Notice (18USC 2701-2711): TALLYZOO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED IN CONNECTION WITH THE SERVICES OR ON OUR WEBSITE OR ANY WEB-SITE LINKED TO OUR WEBSITE. TallyZoo will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on our equipment, transmitted over networks accessed by our website, or otherwise connected with your use of the Services.
16. Limitation of Liability
IN NO EVENT SHALL TALLYZOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website; (iii) any unauthorized access to use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of the content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
YOU SPECIFICALLY ACKNOWLEDGE THAT TALLYZOO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by TallyZoo from its facilities in the United States of America. TallyZoo makes no representations that the TallyZoo Website is appropriate or available for use in other locations. Those who access or use the TallyZoo Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
17. Fees and Payments
Some of the Services may require payment of fees. You shall pay all applicable fees, as described on our website in connection with such Services selected by you. We reserve the right to change our price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on our website. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
18. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use
19. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
20. Notice
TallyZoo may provide you with notices, including those regarding changes to the Terms, either by email, regular mail, or postings on the Service.
20. General Information
Entire Agreement. The Terms constitutes the entire agreement between you and TallyZoo and governs your use of the Service, superseding any prior agreements between you and TallyZoo with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TallyZoo services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and TallyZoo shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and TallyZoo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
Waiver of Class Action YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION AGAINST TALLYZOO.
Waiver and Severability of Terms. The failure of TallyZoo to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.
Statute of Limitations. 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Any questions regarding these Terms should be mailed to the TallyZoo.
