TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT (the “TOS”)
CAREFULLY. BY ACCESSING OR USING OUR APPLICATION AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS APPLICATION. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR APPLICATION OR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 04/01/2018.
ACCEPTANCE OF TERMS
Any Tactician Business Gaming App (the “App”), trial or otherwise, includes access to the service, product updates, and basic support. The App made available through the Apple App Store is licensed, not sold, to you. Your license to the App is subject to your acceptance of the Tactician Business Gaming End User License Agreement.
Use of the App may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. You agree that meeting these requirements is your responsibility.
USER ACCOUNT, USERNAME, PASSWORD AND SECURITY
As a registered user of the App, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Tactician Business Gaming of any security breach of your Account. Tactician Business Gaming shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
You further acknowledge and agree that the App is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Tactician Business Gaming shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
In order to use the App, you must enter your User ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use the App, and you agree to keep it accurate and complete. Failure to provide accurate, current and complete information may result in the suspension and/or termination of your Account. You agree that Tactician Business Gaming may store and use the information you provide for use in maintaining and billing fees to your Account.
User licenses purchased by you commence on the Effective Date (the earlier of either the date of the purchase or the date you begin using the App) and continue for the time period of one (1) year. You shall pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect with Tactician Business Gaming at the time a fee or charge is due and payable (“Fees”). Except as otherwise specified herein or agreed to by Tactician Business Gaming in a separate signed agreement, (i) Fees are quoted and payable in United States dollars, (ii) Fees are based on purchased and not actual usage, and (iii) payment obligations are non-cancelable and Fees paid are nonrefundable. Fees are based on yearly periods that begin on the Effective Date and each yearly anniversary thereof. Unless otherwise stated, fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Fees do not include foreign currency exchange fees levied by any financial institution in connection with non-U.S. dollar payments for the App from you to Tactician Business Gaming (“Foreign Exchange Fees”). You are responsible for paying all Taxes and Foreign Exchange Fees associated with your purchases hereunder. Tactician Business Gaming reserves the right to modify its fees and charges and to introduce new charges at any time.
In addition to any other rights granted to Tactician Business Gaming, Tactician Business Gaming reserves the right to suspend or terminate your access to the App if your Account becomes delinquent (falls into arrears). You agree that any Fees not paid when due will be treated as a material breach of contract, at which point Tactician Business Gaming will be entitled, at its option, to suspend or terminate your access to the App. You shall be responsible for Tactician Business Gaming’s court costs and legal costs in any collection actions. Tactician Business Gaming reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the App.
Upon registration, you hereby acknowledge that by using the App or Services to send electronic communications, which would include, but are not limited to, email, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
All users herein agree to insure and hold Tactician Business Gaming, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our App may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the TOS and/or your violation of any such rights of another person.
As a user of the App, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to BusinessGamingSupport@tactician.com.
As a user, you agree that Tactician Business Gaming may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your Tactician Business Gaming account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Tactician Business Gaming shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within Tactician Business Gaming;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF TACTICIAN BUSINESS GAMING SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. TACTICIAN BUSINESS GAMING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TACTICIAN BUSINESS GAMING AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) TACTICIAN BUSINESS GAMING SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) TACTICIAN BUSINESS GAMING SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TACTICIAN BUSINESS GAMING SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF TACTICIAN BUSINESS GAMING SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM TACTICIAN BUSINESS GAMING OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TACTICIAN BUSINESS GAMING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
You herein acknowledge, understand and agree that all of the Tactician Business Gaming trademarks, copyright, trade name, service marks, and other Tactician Business Gaming logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Tactician Business Gaming. You herein agree not to display and/or use in any manner the Tactician Business Gaming logo or marks without obtaining Tactician Business Gaming’s prior written consent.
If you have questions or comments about this TOS, please contact us at:
Tactician Business Gaming, LLC
305 N Main Street
Andover, MA 01810
Phone: (978) 475-4475