the TAP website (the “Website”) at www.totalassetprotection.net,
the TAP Ebook “Insurance Claim Secrets” (the “Ebook”)
the TAP App (the “App”)
and any and all related TAP services and materials
all of which are owned, run, operated and managed by TM Productions LLC, an Idaho limited liability company doing business as Total Asset Protection (the “Company”, “TAP,” “we,” “us,” or “our”). TAP the App is currently available for download through Apple’s App Store and Google’s Play Store (each, the “Store”).
THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US, SO READ THESE TERMS CAREFULLY. YOU AGREE TO BE BOUND BY THESE TERMS, TOGETHER WITH ALL RELATED POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN, BY ACCESSING OR USING THE OUR SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU MAY NOT USE THE WEBSITE, THE APP THE EBOOK OR THE SERVICES. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.
If you are using the Services on behalf of any organization, you represent and warrant that you are authorized to accept these Terms on behalf of that organization (in which case, “you” and “your” will refer to that organization), and that the organization agrees to indemnify you and us for any violations of these Terms. Nothing in these Terms will be deemed to confer rights or benefits on any third party.
Modification of Terms. We reserve the right, at any time in our sole discretion, to change or modify these Terms and any policies or guidelines governing your use of the Services at any time. Any changes or modifications will be effective immediately upon posting of revisions on the Website or through the App. Your continued use of the Services following the posting of such changes or modifications constitutes your acceptance of our Terms. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Website or through the App in order to understand the terms and conditions applicable to your use of the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Website, your sole recourse is to stop using the Services.
Use by Minors. In order to create a user account, you must be 18 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be accompanied by their parent or guardian. By registering, you represent and warrant that you are 18 years of age or older.
Your Account. We require you to register and create a user account in order to use the Services. For creating an account, you must complete an online registration form designating a user ID and password. If you become aware of any unauthorized use or access of your account, or have any account related questions, please contact TAP support at firstname.lastname@example.org. You are solely responsible for all materials and information that you upload, post or otherwise transmit via the Services. Only you may use your TAP account and you are responsible for your account. Please also refer to our Acceptable Use Policy.
Account Authorization and Access. Under these Terms, you represent and warrant to the Company that you are authorized to use the Services; that all of your registration, account and payment information is true, accurate and complete at all times, that you will maintain the security of your password, if any; and that you accept all responsibility for all activity that occurs under your user name Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund.You choose the email address(es) associated with your account when you register for an account. If you use a personal email account, you solely will have the right to control it. If, however, your organization provided you with your account, you understand that your organization has rights to the account and may manage your account (including suspending or canceling it), reset your password, view your usage and profile data, including how and when your account was used, and manage the Content (as defined below) in the account.
Use of Services; No Representations. Our Services are for informational purposes only, intended solely to provide information to assist you in preparing an compilation of your personal or business property. The Services are not offered or intended for professional, licensed or commercial use. We can make no representations or guarantees regarding the acceptance, use or application of the compiled information by any insurer. In providing the Services, TAP is not acting as a licensed adjuster and makes no representations as to coverage availability or settlement of potential or actual claims. Information compiled by you is your responsibility and we can make no representations or guarantees regarding the accuracy or completeness of your information.
Acceptable Use Policy; Restrictions on Use. Your use of the Services is restricted to the purposes for which the Services are intended and offered to you. You agree that you will not, nor will you encourage others or assist others, to harm the Services or use the Services to harm, threaten or harass others, to build a similar service or website, to damage, disable, overburden, or impair the Services (or any network connected to the Service), to resell or redistribute the Services or any part of it, to probe, scan or test the vulnerability of any system or network related to the Services, to breach or otherwise circumvent any security measures or authentication protocols, including any authorized third party payment network protocols used by or through us, to use any authorized means, or any automated process or service (such as a bot, spider, or periodic caching of information stored on TAP servers) to modify, reroute, or gain access to or use of the Services or attempt to carry out any of these activities, to use the Services beyond the features or functionality allocations and amounts or storage space or in violation of our fair use policy, to use the Services to violate any law or distribute malware, malicious, unlawful, indecent or pornographic Content, to distribute, post, share information or Content you don’t have the right to or is illegal, or to violate the privacy or infringe the rights of others.You also agree to comply with all laws, regulations, government, court and regulatory orders, notifications, customs and usage of trade as may be applicable to you and your use of the Services. Specifically, you will not create or store any Content on TAP if such creation or storage would result in breach of your legal or regulatory obligations and may expose us to any legal or regulatory action, investigation, penalty, fine or suspension. You understand and acknowledge that TAP merely provides an inventory management and storage system for individuals and businesses and we do not control how or what information you specifically store on TAP, except that we may, from time to time, impose overall account and storage limits based on your account type.
Your Responsibility for Content. You may post and/or submit reviews, comments, suggestions, ideas, information and/or other content (“Content“) to the Website or on the App so long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of all or part of the Content. We reserve the right (but do not have the obligation) to remove or edit such Content. We do not regularly review posted Content. If you do post Content, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such Content if we or they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post and/or submit, that the Content is accurate, that the use of the Content you post and/or submit does not violate these Terms, and that the Content will not cause injury to any person or entity. We have the right, but not the obligation, to monitor and edit or remove any activity or Content. We take no responsibility and assume no liability for any Content posted by you or any third party.
Copyright. The Services and all content and other materials, including, but not limited to, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials“) are our property or that of our licensors or users and are protected by United States and/or international copyright laws. Any attempt to circumvent our rights in the Materials is a violation of these Terms.
Trademarks. “Total Asset Protection”, the “TAP” logo, and any other product or service names or slogans (including, without limitation, App Store, Play Store, iCloud, Evernote, Adobe or Dropbox) are trademarks of TM Productions LLC or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TM Productions LLC or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “TAP” or any other name, trademark or product or service name of Total Asset Protection without our prior written permission. In addition, the look and feel of the Website, App and Ebook, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TAP and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website, App and Ebook are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Limited License and Restrictions. We grant you a limited, revocable, non-sublicensable, and non-exclusive license to access and make use of the Services solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Website, the App or the Store. Except as otherwise expressly permitted by these Terms, you may not:
– collect, use, copy or distribute all or any portion of the Services;
– resell, publicly perform or publicly display any portion of the Services;
– modify or otherwise make any derivative uses of any portion of the Services;
– use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Services;
– use the Services in a manner which results in the depletion of TAP infrastructural resources;
– download (other than page caching) any portion of the Services or any information contained therein; or
– use the Services other than for their intended purposes.
Third Party Sites and Content. We may host or provide links to products, Web pages, Web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained in that site. We make no claims or representations regarding, and accept no responsibility for Third-Party Sites and Content, or for their quality, accuracy, nature, ownership or reliability. Users, including you, may use these links and the Third-Party Sites and Content at their own risk. When you leave our Website, App or Ebook, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate away from our Services.
Advertisements and Promotions; Third Party Products and Services. We may run advertisements and promotions from third parties on the Website, the App or the Ebook, or we may otherwise provide information or links to third party products or services. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such Third-Party advertisers or third-party information on the Website, the App or the Ebook.
Tutorials, Samples and Other Support. From time to time, we may provide tutorials, samples, and other support (collectively, “Support”) to enhance your experience using the Services. You agree that such Support is provided solely as a matter of convenience and for illustration purposes only and does not guarantee or warrant any specific user experience and is not intended to demonstrate, promise or represent the presence or absence of any features. You agree to rely on Support solely to explore the ways and manner in which you may use the Services and to understand its possible uses to satisfy your needs. You agree to take adequate precautions to ensure that you retain all relevant data (including copies thereof) in your possession, outside of and independent of the Services, specifically to protect yourself against loss or erasure of data or its unavailability in the event the Services are unreachable or non-functional.
DISCLAIMER OF WARRANTIES.
OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING.WE DO NOT WARRANT THAT THE WEBSITE, THE APP, THE EBOOK, THE MATERIALS, THE SUPPORT OR ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP OR THE EBOOK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF OUR SERVICES UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING.
WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE WEBSITE, THE APP, THE EBOOK, THE MATERIALS, THE SUPPORT AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, THE EBOOK, OR THE APP WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING:
(A) ANY AND ALL WARRANTIES OF MERCHANTABILITY;
(B) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE);
(C) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE;
(D) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY;
(E) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND
(F) THAT THE WEBSITE, THE EBOOK, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
LIMITATION OF LIABILITY.
IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, OWNERS, AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE EBOOK, THE APP, THE MATERIALS, THE SUPPORT AND/OR ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, THE EBOOK, OR THE APP, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE EBOOK, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP EXCEED THE LESSER OF THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE WEBSITE, THE EBOOK OR THE APP (NOT YOUR PAYMENT FOR ANY SERVICE OR PRODUCTS PROVIDED BY US), AND $10. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification and Release. You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties“) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against any Indemnified Parties, whether successful or not, resulting from or arising in connection with your use of the Website, the Ebook, the App, the Materials, the Support and/or the Service; your conduct; any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or any Content you upload to, posted on, create on, transmit through or link from any of the Services.
Confidential Information. During your use of the Service, we may share information that is confidential, sensitive or should be kept a secret. Similarly, we agree that your Content, account information and payment information is confidential to you. Also, any materials either of us shares that are labeled “confidential” (or something similar) or communicated (in writing or via email) as confidential or may be understood to be so by a reasonable person, such materials would also be deemed confidential information.Confidential information, however, will not include information that we already know at the time you tell us, was told to us by a third party who had a right to tell us, is generally available to the public, or was independently developed by us without using any of your confidential information. The same applies to any information that we disclose to you that falls in any of these categories.
You and we agree that confidential information will remain the property of its owner, that we will treat each other’s confidential information with the same degree of care that we treat our own confidential information but, in any event, with no less than a reasonable degree of care, that we will use each other’s confidential information only in connection with these Terms and the Services, that we will share confidential information only on a “need to know” basis with those who agree in writing to maintain its confidentiality in a similar manner; and that we will not share any confidential information with any third party expect as allowed by these Terms or through the Services.
Right to Suspend and Terminate Services. Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to suspend or terminate your access to the Services at any time in our sole discretion, and/or any of your rights under these Terms (including, but not limited to, your right to use the Services and to block or prevent your access to and use of the Services for any or no reason. We also reserve the right to deactivate, change and/or require you to change any TAP user ID or password used in connection with the Services.You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.
Upon termination, you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or our Acceptable Use Policy. You must make such request within 14 days following termination; otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this 14-day period.
Service Updates. We reserve the right to make necessary deployments of changes, updates or enhancements to the Services at any time. We also may add, remove, upgrade or downgrade any functionality or features, or we may suspend or stop the Services altogether at any time.
Electronic Communications. Notwithstanding any terms to the contrary in these Terms, we may choose to electronically deliver all communications with you, which may be by email to your email address indicated in your communications with us or upon registration with, or use of the Services, or by posting messages that are displayed to you when you log in to or access the Services. Our electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with us and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received when the email is sent to you to the address you provided. If you don’t consent to receive notices (other than promotional materials) electronically, you must stop using the Services.
Billing, Payments and Refunds. You agree to pay the Fees in the currency quoted on the Services and/or the Store. We and/or the Store reserves the right to change the quoted currency and the price at any time. In addition to any Fees, you may still incur charges incidental to using the Services, for example, charges for currency exchange settlements, Internet access, data roaming, and other data transmission charges.At this time, we do not provide any payment gateway or handle any payment processes for any users of the App, including you; except that you may be asked to provide your payment details through the Website although such details are accessed and processed at the back-end entirely by our third party payment processor(s). The entire billing and payment process is handled either by the Store (if you download the App through the Store) or through third party payment processor (if you access the Service through the Website), and you must comply with the payment terms and other instructions, as specified on the Store or such third party processor, as well as any other terms stated on the Website, the Ebook, the App or in these Terms. Without limiting the foregoing, and only by way of explanation, you must be authorized to use the payment method that you enter when you create a billing account. You authorize the Store or our third party processor (as applicable) to charge you for the Services using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms or any Store terms are in force.
We typically bill in advance on a recurring monthly or annual basis for subscription Services. Also, the Store may charge you up to the amount you have approved and may choose to notify you in advance of the difference for recurring subscription Services.
You must keep all information in your billing account current. You may access and modify your billing account information through your account or through the Store. You may be able to change your payment method or cancel your subscription at any time, only if so permitted by the Store terms. Cancelling the service will, however, not result in any refunds whatsoever for any remainder of your subscribed term. You may still choose to use the Services for remainder of the cancelled term and you will not be charged for a subsequent renewal if you have timely cancelled the Services, typically at least 30 days in advance for monthly plans and 60 days in advance for annual plans.
We will notify you in advance, either through the Services, the Store or to the email address you have most recently provided to us, if we change the price of the Services. If there is a specific length and price for your Services offer, that price will remain in force for that time, unless otherwise specified in the Store. After the offer period ends, your use of the Services will be charged at the new price. If your Services are on a period basis (for example, monthly or annual) with no specific length, we will notify you of any price change at least 30 days in advance, unless a shorter period is specified by the Store. If you don’t agree to these changes, you must cancel and stop using the Services by sending us an email (with cancellation confirmation from a Total Asset Protection and or TM Productions LLC board member) no later than 30 days prior to the conclusion of your current payment term, whether monthly, annual, or otherwise.
Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, annual or otherwise) and are non-refundable. This includes accounts that are renewed.
As stated above, we do not provide a payment gateway or store any of your payment details, including any credit card details. Your payment details are stored on the Store or with a third-party payment processor in conformance with the Store’s or such processor’s policies, as they may be updated from time to time. In addition to complying with these Terms and other of our applicable policies, you are required to comply with all our third-party provider policies from time to time. In the event of any conflict between our policies and those of any third-party provider, the most restrictive policies will bind you.
Miscellaneous. These Terms and your use of the Services will be governed by and construed only in accordance with the laws of the State of Idaho applicable to agreements made and to be entirely performed within the State of Idaho, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Ada County, Idaho. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. However, you agree that the Company may apply for injunctive remedies in any jurisdiction worldwide. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act does not apply to these Terms. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Reporting Violations. If you believe there is a violation of these Terms, you may report the information the Company at this email address, email@example.com. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.