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PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.
The Terms of Use and the Privacy Policy constitute a legally-binding agreement between SOCAT Limited and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Platform and (ii) the Services. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Platform.
1.2 DEFINITIONS
Account – An account created by a user in order to access and participate in certain features of the Platform.
Account Policies – The policies set out in paragraph B.2.4 below.
Additional Policies – Defined in paragraph B.3
Feedback – Your opinions or reviews in connection with the Platform, the Service, the Service Provider, or the Service User.
FindTat – The name of the Platform and the trading name of SOCAT Limited.
Minor - Any individual under the age of 18.
Passwords – Your FindTAT password and your Third-Party Site Password.
Platform – The FindTAT mobile application, including the classified advertisements, forums, various email, chat functions and Internet links, and all content and FindTAT services available through the domain and sub-domains of FindTAT’s website(s).
Privacy Policy – The privacy policy developed by FindTAT and posted together with these Terms of Use on the Platform.
Profile – Your profile created in your Account.
Registered User – An Account holder.
Service Offer – The posting of your Service on the Platform.
Service Provider – Users of the Platform who provide services and businesses to Service Users.
Service Request – The posting of your request to use a Service on the Platform.
Service User - Users of the Platform who are searching for and/or obtaining services and products from Service Providers.
Services – Online transactions between Service Providers and Service Users through the Platform.
SOCAT Limited – A company incorporated in Hong Kong and that owns the Platform.
Terms of Use – The terms and conditions set out below.
1.3 You acknowledge that the Platform serves as a venue for the online distribution and publication of user submitted information between Service Providers and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Platform, including the Services presented, promoted, and displayed on the Platform, and by proceeding with registration with FindTAT you hereby certify that: (1) you are either a Service Provider or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Platform, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Platform immediately. You further acknowledge that FindTAT will in no way be responsible or liable for any loss or damages with respect to any transactions performed between you and any other party via the FindTAT Platform.
1.4 If you use the Platform or open an Account on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.
FindTAT reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time, and FindTAT will post notices of the changes and the amended Terms of Use on the Platform, and/or may communicate the amendments through any method of written contact that FindTAT has established with you. It is your responsibility to review the Terms of Use for any changes. Your use of the Platform following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.
The Privacy Policy explains to users how their information is collected and used. The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Platform is governed by the Privacy Policy. The Privacy Policy is posted on the Platform.
FindTAT hereby grants you a non-exclusive, revocable license to use the Platform as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Platform in any medium without FindTAT's prior written consent; (ii) you will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable local, state, and federal laws.
2.1 Use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Platform and Services offered through this Platform do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations.
2.2 You need not register with FindTAT to visit and view the Platform, but to access and participate in certain features of the Platform, you will need to create a password-protected account. To create an account, you must submit your name and email address through the account registration page on the Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to FindTAT in providing you with a more customized experience when using the Platform.
2.3 You are solely responsible for safeguarding your Passwords at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify FindTAT immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use anotherperson's Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform. You hereby acknowledge and agree that FindTAT will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of FindTAT or others due to such unauthorised use.
2.4 You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
>2.5. If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Platform. Should FindTAT find that you violated the terms of the membership eligibility criteria or any other terms stated herein, FindTAT reserves the right, at its sole discretion, to immediately terminate your use of the Platform.
Your access to, use of, and participation in the Platform is subject to the Terms of Use and all applicable FindTAT regulations, guidelines and additional policies that FindTAT may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that FindTAT publishes on the Platform (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, FindTAT, in its sole discretion, may terminate your account at any time without prior notice to you.
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your Profile, Service Offer, Service Request, or the posting of Feedback (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
You will not send messages to other users containing:
All Postings - Federal, state and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. FindTAT will not knowingly accept any Posting for employment which is in violation of the law. FindTAT has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is any way in violation of any federal, state, or local law.
While using the Platform, you shall not:
5.1 As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Provider or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Provider or a Service User from leaving Feedback.
i.Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, FindTAT, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your account privileges; (iii) suspend your account; and/or (iv) decrease your status earned via the feedback page.
ii.Reporting Inappropriate use or feedback. You may contact FindTAT regarding any inappropriate use of feedback via-email at: contact@findtat.com
iii. Resolving disputes in connection with feedback. In the event of any dispute between users of the Platform concerning feedback, FindTAT shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, FINDTAT HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
5.2 The foregoing lists of prohibitions provide examples and is not complete or exclusive. FindTAT reserves the right to (a) terminate your access to your Account, your ability to post to this Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that FindTAT determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. FindTAT reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that FindTAT deems appropriate in FindTAT's sole discretion. FindTAT may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at FindTAT's discretion, FindTAT will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet. FindTAT does not and cannot review every Posting posted to the Platform. These prohibitions do not require FindTAT to monitor, police or remove any Postings or other information submitted by you or any other user.
1.PROFILES AND OFFERS MUST NOT BE FRAUDULENT
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Providers shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.
2.PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT FINDTAT FEES
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Providers shall not: (a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Platform may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through FindTAT to purchase the Service or any other service outside of FindTAT; (f) use their Profile page or user name to promote services not offered on or through the Platfrom and/or prohibited services.
3.PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL PLATFORM USERS
Subject to any exceptions set forth in these Terms of Use Service Providers shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by FindTAT as approved payment methods; (b) include links that do not conform to FindTAT's policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party Service Provider for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of [88X33 pixels] (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party's name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party's website with any information in addition to the Service provided via FindTAT; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.
4.SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROVIDERS
If a Service Provider violates any of the above-referenced rules in connection with his or her Posting, FindTAT, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Provider's Account privileges; (c) suspend the Service Provider's Account; (d) cause the Service Provider to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Provider's status earned via the Feedback page.
1.1 The Platform may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content. You understand that whether or not such Submitted Content is published, FindTAT does not guarantee any confidentiality with respect to any Submitted Content.
1.2 You agree that any Submitted Content provided by for which you authorize to be searchable by Registered Users who have access to the Platform is provided on a non-proprietary and non-confidential basis. You agree that FindTAT shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize FindTAT to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Platform and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Platform and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Platform.
3.1 You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to FindTAT for posting on the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to FindTAT a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Platform and FindTAT's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your Submitted Content through the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Platform and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Platform.
3.2 You acknowledge and understand that the technical processing and transmission of the Platform, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.3 You may remove your Submitted Content from the Platform at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
4.1 FindTAT does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and FindTAT expressly disclaims any and all liability in connection with all Submitted Content. FindTAT does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and FindTAT will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section J below, that such Posting or Submitted Content infringes on another's intellectual property rights. FindTAT reserves the right to remove any Data or Submitted Content without prior notice. FindTAT will also terminate a user's access to the Platform, if he or she is determined to be a repeat infringer. A repeat infringer is a Platform user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Platform more than twice. FindTAT also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. FindTAT may remove such Submitted Content 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 in its sole discretion.
4.2 You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content from a variety of sources, and that FindTAT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FindTAT with respect thereto, and agree to indemnify and hold FindTAT, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
4.3 You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Platform, or transmit to other Platform users. You understand and agree that FindTAT may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Platform users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to FindTAT, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and FindTAT is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that FindTAT is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution.
FindTAT uses a variety of tools in an effort to make our Platform as safe as possible for Service Providers and Service Users. Among these tools could be background checks and identification verifications with national databases. Do not register as a Service Provider on FindTAT if you do not want FindTAT to search for you on any national databases. By requesting to use, registering to use, and/or using FindTAT, you represent and warrant that you and each member of your household have not been and are not currently required to register as a sex offender with any government entity.
2. By registering as a Service Provider on the Platform, you do hereby consent to allow FindTAT to perform background check using information you provide, and you understand that FindTAT may review the information provided by the third-party verification service and that FindTAT, after reviewing the results, may take whatever actions it deems necessary with respect to your Account. You hereby authorize FindTAT to verify your representations and warranties herein, and you acknowledge that FindTAT reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. You agree to indemnify and hold harmless FindTAT from any loss or liability that may result from the background check and verification. In addition, you do hereby represent, understand and expressly agree that FindTAT offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. FindTAT retains the right to terminate your FindTAT membership based on the information provided by this third party verification service.
FindTAT has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to contact@findtat.com: (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) 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 at the Platform, and information reasonably sufficient to permit FindTAT to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit FindTAT to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”
2. You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. FindTAT will remove any infringing material. Notwithstanding FindTAT's instructions above, you are solely responsible for ensuring that any Notice you provide to FindTAT complies with any legal requirement.
Please also note that for ANY copyright infringement, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Only the intellectual property rights owner is permitted to report potentially infringing items through FindTAT's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.
FindTAT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that FindTAT shall not be liable to you or to any third party for any modification, suspension or discontinuance of FindTAT services.
You hereby acknowledge and agree that FindTAT, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), or remove and discard any Submitted Content on the Platform ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if FindTAT believes or has reason to believe that you have violated any provision of the Terms of Use.
You may cancel your use of the Platform and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Profile" to "Deactivate Account."
4.1 Upon termination of your Account, your right to participate in the Platform, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, discounts, bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Platform. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the FindTAT system.
4.2 Unless FindTAT has previously cancelled or terminated your use of the Platform (in which case subsequent notice by FindTAT shall not be required), if you provided a valid email address during registration, FindTAT will notify you via email of any such termination or cancellation, which shall be effective immediately upon FindTAT's delivery of such notice.
4.3 Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of FindTAT Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that FindTAT shall not be liable to you or any third party for any termination of your access to the Platform. Upon Termination of Service, FindTAT retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted FindTAT hereunder shall remain in effect for the foregoing purpose. In no event is FindTAT obligated to return any Submitted Content to you. Sections G, I, K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Platform or your Account.
4.4 You agree to indemnify and hold FindTAT, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
1.1 The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by FindTAT, subject to copyright and other intellectual property rights under Hong Kong and foreign laws and international conventions. Other trademarks, names and logos on this Platform are the property of their respective owners.
1.2 Data on the Platform 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 without the prior written consent of the respective owners. FindTAT reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
2.1 The Platform contains FindTAT's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and FindTAT owns and retains all rights in the FindTAT Data and Marks. Subject to these Terms of Use, FindTAT hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the FindTAT Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Platform.
2.2 The Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
1.1 Joining FindTAT, posting Services and viewing posted Services is free. FindTATreserves the right at its sole discretion to charge fees to Service Providers for other services that FindTAT may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by FindTAT, or conducting transactions with Service Users through FindTAT.
1.2 FindTAT offers premium services to Service Providers for a fee and may in the future offer additional services that Service Providers can also choose to purchase. FindTAT reserves the right to charge fees for these services at its sole discretion.
2.1 Joining FindTAT, viewing posted Services, and bidding on posted Services is free. FindTAT currently charges Service Users no fees for transactions completed on the Platform between Service Users and Services Service Providers. However, FindTAT reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after FindTAT has provided you with fourteen (14) days' notice by posting the changes on the Platform.
2.2 If applicable, you agree to pay all fees or charges to your Account based on FindTAT's fees, charges, and billing terms then in effect. If you do not pay on time or if FindTAT cannot charge your credit card, [PayPal] or other payment method for any reason, FindTAT reserves the right to either suspend or terminate your access to the Platform and account and terminate these Terms of Use. You are expressly agreeing that FindTAT is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Platform and the fees will be billed to your credit card, [PayPal] or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that FindTAT may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Provider who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either Service Providers or guests.
All sales on FindTAT are final and non-refundable.
1.1 As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, FindTAT provides a general framework for negotiating the terms of Service (e.g., rate, scope of work) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.
1.2 You should not rely on the any information or resources contained on the Platform, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. FindTAT makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Platform, including, without limitation, the Negotiation Worksheet. In no way will FindTAT be responsible for any actions taken or not taken based on the information or resources provided on this Platform. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Platform, however provided.
Each Registered User hereby acknowledges and agrees that FindTAT is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Platform.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Platform, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind FindTAT in any respect. All Service Providers are independent contractors. Neither FindTAT nor any users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
4.1 Subject to the provisions regarding disputes between Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Providers and Service Users.
4.2 You understand that deciding whether to use the Services of a Service Provider or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that FindTAT does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
4.3 NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT FINDTAT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT FINDTAT IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PLATFORM USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE FINDTAT, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.
1. If a dispute arises between you and FindTAT, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and FindTAT hereby agree that we will resolve any claim or controversy that arises out of the Terms of Use or the Platform inaccordance with this Section Nor as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at contact@findtat.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The Terms of Use shall be governed in all respects by the laws of Hong Kong SAR. You agree the Courts of Hong Kong SAR shall have non-exclusive jurisdiction over any claim or dispute between you and FindTAT.
Aspects of the Platform and other FindTAT services may be supported by advertising revenue. As such, FindTAT may display advertisements and promotions on the Service. The manner, mode and extent of advertising by FindTAT on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by FindTAT of any advertised products or services. You agree that FindTAT shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Platform using your existing account and log-in credentials for such third-party websites. Certain areas of the Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Platform to be shared with your contacts in your third-party site account. Because FindTAT has no control over such sites and resources, you acknowledge and agree that FindTAT is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered as or interpreted to be FindTAT's endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that FindTAT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than FindTAT. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Platform or transacting with FindTAT. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Platform with any party other than FindTAT are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FINDTAT AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FINDTAT DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. FINDTATDOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. FINDTAT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
1.IN NO EVENT SHALL FINDTAT, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM OR ANY SERVICES OFFERED BY ANY SERVICE PROVIDERS VIA THE PLATFORM; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FINDTAT 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.
2.IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF FINDTAT, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO FINDTAT BY YOU HEREUNDER.
3.YOU HEREBY ACKNOWLEDGE AND AGREE THAT FINDTAT SHALL NOT BE LIABLE FOR SUBMITTED CONTENT 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. YOU FURTHER ACKNOWLEDGE AND AGREE THAT FINDTAT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM.
4.THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY FINDTAT. FINDTAT DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, FINDTAT WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PLATFORM, YOU EXPRESSLY RELIEVE FINDTAT FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORM.
1.IN NO EVENT SHALL FINDTAT, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM OR ANY SERVICES OFFERED BY ANY SERVICE PROVIDERS VIA THE PLATFORM; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FINDTAT 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.
2.IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF FINDTAT, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO FINDTAT BY YOU HEREUNDER.
3.YOU HEREBY ACKNOWLEDGE AND AGREE THAT FINDTAT SHALL NOT BE LIABLE FOR SUBMITTED CONTENT 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. YOU FURTHER ACKNOWLEDGE AND AGREE THAT FINDTAT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM.
4.THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY FINDTAT. FINDTAT DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, FINDTAT WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PLATFORM, YOU EXPRESSLY RELIEVE FINDTAT FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORM.
Neither FindTAT nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FINDTAT, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE PLATFORM.
2. IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM USERS, YOU FOREVER RELEASE FINDTAT (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND/OR ANY SUBMITTED CONTENT.
3. THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY FINDTAT WITHOUT RESTRICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS Q AND R MAY NOT APPLY TO YOU.
You agree that FindTAT may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on any website owned by FindTAT.
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by FindTAT on the Platform, shall constitute the entire agreement between you and FindTAT concerning the Platform. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FindTAT's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.