This is a legally binding agreement between Licensee (also referred to herein as “you”), and TAB HOP, LLC, a Colorado limited liability company, hereinafter referred to as the “Company,” regarding your rights to use Product(s) provided directly by the Company or made available through the Company’s Site(s) under this license. “You” refers to the purchasing party, who must be at least twenty-one years of age. The rights granted in this agreement are granted to the purchasing party. Collectively, these rights are considered “extended uses”, and are granted to you, subject to applicable restrictions described below. The license granted is not transferable by you, the Licensee, to other parties.
Introduction & Definitions
“Intellectual Property” means any and all Company Products, copyrights, trademarks, trade secrets, rights of publicity, or any other proprietary rights throughout the world.
“Membership Subscription” means the Company’s membership program which provides to you various discounts, coupons, and marketing incentives from various third party restaurants and or/retail businesses. You acknowledge that the Membership Subscription is granted in exchange for a monthly fee.
“Product” or “Products” or “Company Product(s)” refers to any data, documents, imagery, model, photographs, application and plug-in software, materials, graphics, instructions, audio, videos, or promotional materials sold, provided, or made available for Licensee by the Company. “Product” or “Products” includes any Intellectual Property owned by the Company as defined herein.
“Purchase” is the acquisition of a the Company’s Product by you through Membership Subscription to Company’s membership program, acquisition of materials of products from the Company’s Site(s), or through other means under this agreement, whether as a purchase of the Company’s Product made available at a price or through download made available at no charge.
"Site" or “Sites” refers to the Company website(s), software applications, or any approved means or utility either currently in existence or in the future; the software and source code used by the Company to provide such services; user interface layouts, designs, images, text, knowledge base articles, program offers; site information provided in reports; and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.
Ownership. The Company does not grant title or ownership in the Product(s). All rights in the Product(s) not expressly granted in this agreement are reserved by the Company for itself and its licensors.
Rights Granted. The Company grants to you a non-exclusive, individual right and license to utilize the licensed Product(s) for the Licensee’s personal use. This license DOES NOT grant Licensee any right to reproduce, transmit, sell, convey, or otherwise distribute to third parties by any means.
The Company does not in any way make any representations or warranties about Other-Party Intellectual Property associated with the Product(s).
Restrictions on Permitted Uses.
You may NOT publish or distribute any data or imagery obtained under this License in any manner including, for example, as part of an online marketplace for photography, clip art, or design templates.
You may NOT use any data or imagery obtained under this License in any commercial matter or for individual or group profit.
Unauthorized Use. If you use the Company’s Product(s) in an unauthorized way, the Company may terminate your account and pursue other penalties, damages, losses, and profits to which the Company is entitled to under this agreement or at law or equity. Unauthorized and prohibited uses include but are not limited to the following:
Competition. You may NOT use Company Product(s) in a way that competes with the Site or with the Company or Company’s Product(s) themselves.
Re-Distribution. You may NOT re-distribute, publish, or make Company Product(s) available to any third party.
You may NOT publish, distribute, or make Company Product(s) available through any online marketplace or other distribution channel.
No Unlawful Use. You may NOT use Products for any unlawful purpose or in any way which infringes upon any party’s Intellectual Property rights.
False Attribution. You may NOT misrepresent yourself as the creator of Company Product(s).
Payment – No Refund Policy; License Term; and Termination
Payment – No Refund Policy. Upon payment for Company Product(s), Company has a strict no refund policy and you are not entitled to a refund of moneys paid for Company Product(s) under any circumstances.
Term. Your individual right and license to Company Product(s) is in effect during the time in which you have an active Membership Subscription in the Company’s membership program, unless terminated as described herein.
Termination. Your license grant is terminated immediately and without notice in the cases below. In such termination, you and any recipients of Company Product(s) must cease use of and destroy all copies of Company Product(s).
Your right and license to Company Product(s) are contingent on your subscription in Company’s membership program or through purchase of Company Product(s). Any payment reversal of a Purchase for any reason immediately terminates all rights granted under this agreement. Potential Reasons for a payment reversal include:
The Company receives a charge back notice from your bank or credit card cancelling your Purchase and withdrawing the funds used for your Purchase.
The Company determines in its sole discretion that your Purchase was fraudulent.
Your purchase was made with dishonored funds.
Your purchase was made and there is a bank transfer failure.
Failure to Abide by the License Grant. Material failure to abide by the terms of this agreement immediately terminates your right and license to Company Product(s). If you detect a violation of the license grant by you or any recipient of shared Company Product(s), and promptly report the violation to the Company, the Company will make a good faith effort to find an appropriate remedy to preserve your license grant.
You covenant, represent, and warrant to the Company that:
You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel at your discretion.
You will not use Company Product(s) except pursuant to the terms of this agreement. Should you use Company Product(s) in an unauthorized way, you agree to any reasonable fee or penalty exercised by the Company under this agreement or applicable law.
Limitation of Liability
Company Product(s) are provided on an “as is”, “as available”, and “with all faults” basis. The Company makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of Company Product(s), and does not guarantee the accuracy or completeness of specifications associated with Company Product(s).
The Company disclaims all express or implied conditions, representations, and warranties of any kind regarding Company Product(s), including any implied warranty or condition of merchantability.
You assume all risk for any damage to your phone or electronic device, computer system(s) and/or network(s) for any damage to your computer system(s) and/or network(s) by obtaining Company Product(s), including any damages resulting from computer viruses.
To the fullest extent permitted by law, Company shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with Company Product(s), even if Company has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.
You agree to indemnify and hold Company and its subsidiaries, affiliates, owners, officers, directors, agents, licensors, suppliers, members, other partners, employees and representatives ("Company Parties") harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of your use of the Company Product(s).
TAB HOP, LLC ("us", "we", or "our") operates its website at _______ and provides its Membership Subscription service to you (the "Service"). TAB HOP, LLC has adopted policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.
Service. Service is the website operated by TAB HOP, LLC as well as the mobile phone application provided to its subscribers.
Personal Data. Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data. Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies. Cookies are small pieces of data stored on your device (computer or mobile device).
Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User). Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use. We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data. While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data. We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Usage Data. We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data. TAB HOP, LLC uses the collected data for various purposes:
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
Basis for Using Personal Data. We may process your Personal Data because (1) We need to perform a contract with you; (2) You have given us permission to do so; (3) The processing is in our legitimate interests and it's not overridden by your rights; (4) For payment processing purposes; and (5) To comply with the law. We require your Personal Data in order to provide you services through our Membership Subscription. In the event that you do not wish to provide us with Personal Data, we may be limited in, or prevented from, providing you with services.
Authorization. By accepting this Agreement, you authorize us to utilize your Personal Data in order to provide you services under this Agreement. Your consent to this Agreement followed by your submission of such information represents your agreement to use of your Personal Data.
Transfer of Data.
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, through cross border transfer to the United States and process it there.
Disclosure of Data.
Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Disclosure with Your Consent. We may ask if you would like to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
Legal Requirements. We may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation such as responding to subpoenas, warrants, or court orders in connection with any legal or regulatory proceedings;
To protect and defend the rights or property of the Company;
To prevent or investigate possible wrongdoing in connection with the Service;
To protect the personal safety of users of the Service or the public;
To protect against legal liability.
Security of Data. The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Other. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent or opt-out right. You have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
The right to complaint. You also have the right to lodge a complaint with an appropriate supervisory or regulatory authority concerning data privacy.
Please note that we may ask you to verify your identity before responding to such requests.
Service Providers. We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics. We may use third-party Service Providers to monitor and analyze the use of our Service.
Children’s Privacy. Our Service is not offered to individuals under the age of 21; accordingly, our service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Entire Agreement. This agreement constitutes the entire agreement between you and Company relating to your Purchase. Company does not otherwise offer any other changes, additions, variations, or additional signed forms related to this agreement. No modification to this agreement will be binding, unless in writing and signed by an authorized Company representative.
Material Breach. You agree that any material breach of these Terms will result in irreparable harm to Company for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Company will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Company seeks such an injunction.
Governing Law. This agreement is governed by Colorado law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in Colorado, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing.
Notice. Any notice under this agreement shall be sent to Company by mail to the following address:
TAB HOP, LLC
2625 Featherstar Way
Fort Collins, CO 80526
Assignment. The Company may assign its rights under this agreement without providing you notice. You may not assign your rights under this agreement without the prior written consent of Company.
This License is effective for use on or after August 1, 2019.