Terms and Conditions

JSJ International, Inc. parent company of TapMissoula.com

 

Welcome to TapMissoula.com, by accessing and using TapMissoula.com website (the “Website”) you are agreeing to the following Terms and Conditions of Services.  We encourage you to review these Terms and Conditions along with the Privacy Policy, which is incorporated into these Terms and Conditions by this reference.  They form a binding agreement between JSJ International, Inc. and you.  As the Terms and Conditions are subject to updating and revising over time, we encourage you to check the Terms and Conditions periodically to keep yourself informed of any changes to the Terms and Conditions and the Privacy Policy.  If we make any changes and/or modifications, we will post the updated Terms and Conditions to the “Website”.  Please be advised that the changes and/or modifications become effective immediately upon posting.

 

When using particular Services, you may be subject to additional Terms and Conditions and/or posted guidelines for such services posted from time to time. 

 

Click on the Frequently Asked Questions tab for questions regarding the use of the Website.  Direct all other questions or comments about the Website or its contents, to TapMissoula using the Contact Us tab.

 

1.  BECOMING A MEMBER AND REGISTERING ON THE WEBSITE

 

A.  Accessing the Website and Becoming a Member:  The Website is intended solely for access and use by individuals 18 years of age and older.  By accessing and using the Website, you represent and are guaranteeing that you are at least 18 years of age or older.  A TapMissoula membership is free.  Registering your name and address, setting up a profile, accessing or searching the Website links are all free.  By accessing and using this Website you are agreeing to these Terms and Conditions.  However, if you do not agree to the Terms and Conditions listed here, please exit and do not use the Website.  The use of the Website may also be subject to additional Terms and Conditions in the future.  Your membership and password are only valid for your personal use. 

 

B.  Your Information:  When you register on the Website, we may ask you to provide us with certain personal information about yourself including your name, address, phone number, and e-mail address.  Please review our Privacy Policy for clarification on how we may use your information.  You are responsible to update your information as needed.  Inaccurate, incomplete, unethical or illegal presentation of personal and professional information will result in the immediate termination of your membership.  Except as provided in the Privacy Policy, your personal and professional information will not be sold to a third-party entity or purchaser.

 

You are responsible for ensuring the e-mail address you submit to the Website as part of your registration and during the course of your membership, is valid and that the software or system you use to access your e-mail is compatible with the Website.  Do not block or filter Website communications.  Unless you own your business and have sole jurisdiction over a business e-mail address, we require that you only use a personal e-mail address.

 

In order to cooperate with government requests, subpoenas or court orders, to protect our system or to ensure the integrity and operation of our business and systems, we may access and disclose any information necessary or appropriate to comply with said requests.  Our right to disclose any information shall govern any terms of our Privacy Policy.

 

C.  Your Password:  During the registration process, we will ask you to create a password, which you can change at any time in the edit function on your profile page.  Because any activities that occur under your password are your responsibility, it is important for you to keep your password secure and not prone to misuse or shared.  You must notify TapMissoula immediately if you believe that your password is compromised.

 

D.  Communications:  Expect communications from TapMissoula in keeping with our Privacy Policy, and as otherwise permitted in the Terms and Conditions.  Please note that any number of issues may interfere with your receipt of such Website communications, including (but not limited to) some types of e-mail systems that may use filtering or blocking techniques that are intended to block e-mail.  TapMissoula is not responsible for the delivery or your receipt of these communications.

 

2.  MEMBER CONDUCT

 

A.  Community Guidelines:  The Website contains areas that enable members to communicate and share information.  This information may include community interest stories, photographs, events, etc.  While we may provide you with this community networking tool and opportunity, we also insist that you only provide personal or business information that is true, ethical and legal and in full compliance with TapMissoula values set below. Failure to comply with this membership requirement will result in TapMissoula immediately terminating your profile. 

 

Under the Terms and Conditions of TapMissoula we have developed TapMissoula Values that govern the use of the Website:

  1. Treat members of TapMissoula with respect.

  2. Let TapMissoula know if you find abuses, such as offensive language, photographs or unlawful activities.  A “Contact Us” option is readily available to report abuse.

  3. Do not upload, post, e-mail, transmit or otherwise make available any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

  4. Do not provide any content that encourages a criminal offense or violates the rights of any party.

  5. Do not impersonate anyone else or misrepresent your affiliation with a person or party or your business service.

  6. Do not participate in any unauthorized or unsolicited promotions, advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, or otherwise use the Website for commercial use. 

  7. Do not violate any applicable local, state, national and international regulation.

  8. Do not provide any correspondence from TapMissoula or any other Website member without permission.

  9. Do not interfere with, interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment.

  10. Do not use other members’ personal information for purposes other than communication or chat.

  11. Do not try to gain unauthorized use of the Website.

  12. Do not post any information about yourself that is not publicly available.

 

B.  Monitoring and Enforcement:  We do not actively monitor communications between members.  Since we do not monitor member content, we are not responsible for content accuracy, integrity, or quality.  If you run across content that is offensive, unethical or potentially illegal, or in violation of TapMissoula values, you may contact us to inform us of possible membership violations.  We may investigate the complaints that come to our attention.  If we choose to investigate the complaint, we will take any action that we believe appropriate, including but not limited to issuing warnings, removing the objectionable content or terminate a member for violation of the “Terms and Conditions” of TapMissoula.  Under no circumstances, will be liable in any way, for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the content or Website.

 

3.  SUBMITTING OR POSTING CONTENT:  By submitting content, you grant us a royalty-free, worldwide, non-terminable, non-exclusive right to use, reproduce, modify, adapt, edit, market, publish, store, distribute publicly and privately the content for promotional, testimonial and educational use.  Again, TapMissoula or JSJ International, Inc. will not sell your information to any person or entity.  You are responsible for the content you provide.  Ultimately, you guarantee said content does not infringe on copyright or any third party right or violate any applicable law or regulation and you have the right to grant all necessary rights and licenses provided in this Section 3 without limitation, free and clear of all claims and encumbrances without violating the rights of any person or entity, including the right to privacy or publicity and that each person depicted in any picture or photograph that you submit as part of the content has provided consent to the use of the said photograph.  No compensation will be paid for the use of your content, including without limit any photograph you provide.

 

4.  TapMissoula PROPERTY RIGHTS:  The Website and contents contained are owned by JSJ International, Inc. parent company of TapMissoula and is protected by intellectual property and other laws throughout the world.  Nothing found on the Website maybe be copied, reproduced, republished, distributed, licensed, transferred or modified without the express written consent of TapMissoula.  In addition, the trademarks, logos and service marks displayed on the Website are the property of TapMissoula.  If you are aware of material on the Website that infringes copyright, please contact us through the Copyright infringement process, described below.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE WEBSITE IS PROHIBITED.  Nothing contained in these Terms and Conditions or in the materials on the Website should be construed as granting by implication, estoppels, or otherwise, any license or right to use any material in any manner without the prior written consent of TapMissoula or such third party that may own the material or intellectual property displayed on the Website.  In addition, the use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited.

 

5.  AVAILABILITY OF SERVICE:  TapMissoula does not provide you with access to the internet or the equipment necessary to access the internet or the Website or Services.  You are responsible for fees charged by other parties to obtain access to our Website and Services.

 

6.  MEMBER AND THIRD-PARTY OFFERS:  In addition to member offers and services, we may allow other companies to offer you products and services, including offers through our Website.  Your usage or participation is such offers are at your own discretion.  Your participation in any offers, including delivery, warranty, terms and conditions of goods and/or services is the sole responsibility of the TapMissoula member.  Your participation in any offers, including payment, delivery, warranty, terms and conditions of goods and/or services by a third party is also at your discretion and your sole responsibility. 

7.  LINKING TO OR FROM OUR WEBSITE:  You cannot link to or frame our Website without our prior written consent.  While our Website may have links to the websites of other companies and parties, TapMissoula has no control over those websites.  TapMissoula is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites.  TapMissoula is not 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 content, advertising, products, services or other materials on those websites.

 

8.  TERMINATION OR CANCELLATION:  You may terminate your membership at any time by contacting our Member Care Department or deleting your TapMissoula profile.  If you have a complaint or dispute relating to the Website or Service, you may cancel and/or delete your membership and cease use of the Website.   The termination or cancellation of your membership is your only recourse to an unresolved dispute. 

 

9.  PRIVACY:  TapMissoula will work diligently to provide its members protection of their personal information.  We will not sell your personal or business information to a third party.  However, we are not liable for a member or third-party gaining access whether legally or illegally to content provided on member profiles. 

 

10.  DISCLAIMER OF WARRANTIES:  YOU UNDERSTAND AND AGREE THAT:  THE WEBSITE AND THE SERVICES PROVIDED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TAPMISSOULA DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU HEREBY WAIVE ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  THE FUNCTIONS, MATERIALS, AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  TAPMISSOULA MAKES NO WARRANTY THAT THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY GOODS OR SERVICES, INFORMATION OR OTHER MATERIAL OFFERED OR PRESENTED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.  TAPMISSOULA DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO DELIVER, MIS-DELIVER, OR UNTIMELY DELIVERY OF ANY INFORMATION, GOODS OR SERVICE.  YOU ASSUME THE ENTIRE RISK AND RESPONSIBILITY OF LOSS AND/OR DAMAGE DUE TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OF GOODS AND/OR SERVICES OR TO YOUR HARDWARE OR SOFTWARE.  TAPMISSOULA HAS NOT VERIFIED WHETHER THE MEMBERS’ POSTS ARE VALID OR OFFER OF GOODS OR SERVICES ARE QUALIFIED TO PERFORM SUCH SERVICES.  NOR WHETHER THEY ARE PROPERLY LICENSED, BONDED OR INSURED.  MEMBERS ARE ENCOURAGED TO VERIFY SUCH MATTERS.

11.  LIMITATIONS OF LIABILITY:  YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR RISK.  TAPMISSOULA AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE OF INFORMATION OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE WEBSITE.  EVEN IF TAPMISSOULA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

 

12.  COPYRIGHT AND TRADEMARK NOTICE:  TapMissoula Website and its contents are protected.

All brands of TapMissoula products and services are April 2020, Copyright or trademark of JSJ International, Inc.

 

13.  CHOICE OF LAW/JURISDICTION:  The agreement created by these Terms and Conditions, shall be the governed, construed, and enforced in accordance with the laws of the State of Montana, excluding its conflict of laws provision.  The parties to the agreement, created by the Terms and Conditions, consent to the jurisdiction and venue of any of the courts of the State of Montana.

 

14.  ALTERNATIVE DISPUTE RESOLUTION:  All disputes and claims of any type or description arising out of or related to the agreement created by these Terms and Conditions, including but not limited to, tort claims for breach of contract, shall be submitted to and determined by final and binding arbitration.  Either party may initiate arbitration proceedings upon notice to the other party and to the American Arbitration Association (“AAA”).  Such proceedings shall be conducted by three arbitrators under the Commercial Arbitration Rules of the AAA or such other rules as adopted by the AAA.  The notice of arbitration must specify all alleged disputes or claims.  The arbitration shall be conducted by the AAA in Missoula, MT.  The three arbitrators shall be chosen from a list of arbitrators that the AAA proposes to the parties or according to any other procedures that are adopted by the AAA or other arbitrators acceptable to the parties.  If the parties do not agree to any arbitration within 15 days after the receipt of each party of the list of arbitrators submitted to the AAA, then at the request of any party to the arbitration proceeding, the AAA shall select such arbitrators at is discretion.  Each party to the arbitration shall bear its own costs and expenses, provided, however, that the arbitrators determined that a party commenced, filed, or caused and arbitration proceeding frivolously, without a reasonable belief as to its merits, or primarily for harassment or delay, the arbitrators may assess to such party the cost of such proceeding including reasonable attorney’s fees. Judgment on the award of the arbitrators may be entered in any court of competent jurisdiction.  THIS PROVISION IS A WAIVER OF YOUR RIGHT TO HAVE DISPUTES OR CLAIMS ARISING OUT OF THE AGREEMENT CREATED BY THESE TERMS AND CONDITIONS TO BE RESOLVED IN THE COURTS, INCLUDING THE RIGHT TO A PUBLIC HEARING, TRIAL BY JURY, THE RIGHT TO CONDUCT DISCOVERY, AND THE RIGHT TO APPEAL ANY JUDGEMENT, AS WELL AS ANY BENEFITS THAT COULD FLOW FROM THE ABOVE RELINQUISED RIGHTS.  IF YOU HAVE ANY QUESTIONS OR RESERVATIONS ABOUT THIS ARBITRATION PROVISIONS, YOU SHOULD DISCUSS IT FULLY WITH AN ATTORNEY BEFORE ACCEPTING THE TERMS OF THE AGREEMENT CREATED BY THESE TERMS AND CONDITIONS.

 

©2020 by TapMissoula

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©2020 JSJ International, Inc.

Missoula, Montana

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