Terms

Last updated: January 28, 2014

Welcome to the TipTap Lab website. We, TipTap Lab INC ("TipTapLab" "we" or "us" or "our"), provide services to you through this website and associated and successor websites and services (collectively referred to in these Terms of Use as "TipTapLab", the "Site" or the "Services") subject to the following terms ("terms", "Agreement", "Terms of Service" or "Terms of Use"). If you visit or use TipTapLab, you are signifying that you accept these terms. Please read them carefully. If you do not accept these terms, you may not use TipTapLab.

API Use

The API is available for personal or commercial use. If you would like to use the API for commercial use, please contact us at Sales@TipTapLab.com or call us at 1-800-216- 5207.

Commercial use would include using the API to sell products, segregate your customer base or increase traffic to a commercial web site. You must use follow the instructions provided with the API

Termination, Modification, Cancellation

Violation of any of these terms will result in the termination of your access to the TipTapLab API. We reserve the right to suspend or terminate your TipTapLab access if we suspect that you have violated these terms or otherwise feel it is in the best interest of TipTapLab.

Our Proprietary Rights

  • TipTapLab's Trademarks. Unless there is a written agreement between you and TipTapLab, you understand and agree that nothing in these Terms of Service gives you the right to use TipTapLab's trademarks, trade names, service marks, logos, domain names, and any other distinctive brand features;
  • Your Comments - by submitting ideas, comments, suggestions, documents, and/or proposals ("User Comments") to TipTapLab through the Services, you agree to grant TipTapLab permission to use or disclose (or choose not to use or disclose), without any restriction or limitation, any such User Comments for any purpose, in any way, in any media worldwide. In order to allow TipTapLab to use your User Comments, you acknowledge and agree that:

Disclaimers

Not professional advice information provided via the Services is not intended to substitute for informed medical, psychiatric, psychological, financial, legal, investment, accounting, or other professional advice.

Confidentiality

Use of Information. The questions or comments you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith;

No Reliance on Term "Expert" Throughout this Site, certain terms, including "Expert", "Specialist", "Consultant" or "Advisor" may be used to refer to someone who claims to have certain knowledge, background or experience that may be useful in responding to a question posed by a user. Use of such terms provides no assurance that the person answering your question has any expertise or qualifications to give such advice. You acknowledge that TipTap Lab has not and cannot independently verify their qualifications.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to disclose how we collect and use your content and information. We encourage you to read the Privacy Policy to help you understand your rights. Our Privacy Policy is incorporated into and a part of these terms, so by using TipTapLab you are agreeing to our Privacy Policy.

Legal Rights

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN OUR JURISDICTION WILL APPLY TO YOU, AND TipTap Lab'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.

DISCLAIMER OF WARRANTIES.

TipTapLab MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE OR THE SERVICES. TipTapLab DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE SITE OR ANY OF ITS SUBPAGES; ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THE SITE OR ANY VISITOR OF THE SITE; ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND ANY AND ALL RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE SITE OR ANY OF ITS SUBPAGES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TipTapLab MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANY WAY MEET YOUR REQUIREMENTS OR EXPECTATIONS. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL TipTapLab BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SITE, THE SERVICES, THE USE OF THE SITE OR THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SITE AND/OR THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE AND/OR THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE AND/OR THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT TipTapLab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON TipTapLab, THE SITE AND/OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES. IF NOTWITHSTANDING THE FOREGOING IT IS DETERMINED THAT WE HAVE LIABILITY TO YOU, OUR ENTIRE LIABILITY TO YOU WILL BE LIMITED TO ACTUAL DIRECT DAMAGES, WHICH IN ANY EVENT WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR TIPS IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

Indemnification

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY TipTapLab, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) ARISING IN CONNECTION WITH YOUR USE OF TipTapLab.

APPLICABLE LAW

By visiting TipTapLab, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and TipTapLab.

ENTIRE AGREEMENT; AMENDMENT

These terms, including the Privacy Policy, constitute the entire agreement between you and TipTapLab with respect to its subject matter. Except as expressly provided in these terms, these terms may be modified only by a written instrument duly executed by an authorized officer of TipTapLab.