The term “Customer,” “you,” or “your” shall refer to any individual or entity subscribing to TigerRag.com. The terms “we” or “our” shall refer to TigerRag.com and its affiliates.
If you open a subscription-based account with Tiger Rag, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.
When you request termination, there is no refund for any unused portion of the current subscription. You acknowledge and agree that the authorization to charge your credit card for services shall automatically transfer to any successors or assigns of TigerRag.com for substantially similar services at the same or similar website.
If payment cannot be charged to your credit card or the charge is returned for any reason, including chargeback, Tiger Rag may suspend or terminate your account, thereby terminating this Agreement and all obligations of Tiger Rag hereunder.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on TigerRag.com) you should notify TigerRag.com immediately of the problem to avoid possible liability for any unauthorized charges to your account.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby agree to indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TIGERRAG.COM SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION OF OUR LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR ANY OTHER SOURCE OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY TIGERRAG.COM SITE.
RESTRICTIONS ON USE OF MATERIALS
All site-specific materials, trademarks, service marks, and trade names contained in any TigerRag.com Site are the copyrighted property of that site, or its subsidiaries or affiliated companies and/or third party licensors. All other materials, trademarks, service marks, and trade names are proprietary to TigerRag.com or its affiliates. No material from any TigerRag.com Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials for your personal, non-commercial use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any TigerRag.com Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited.
The provisions of this Terms and Conditions agreement are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all TigerRag.com Sites, destroying all materials obtained from any and all such sites, and all related documentation and all copies and installations thereof, whether made in accordance with the provisions of this Terms and Conditions agreement or otherwise. Your access to any and all TigerRag.com Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any provision of this Terms and Conditions agreement.
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