Current Version: October 1, 2021

Acceptance of Terms of Use

Thank you for choosing Tecarta, Inc. (“Tecarta” “we” or “us”). We provide services on the Internet through our website located at www.tecartabible.com (including the mobile versions thereof, “Website”) and mobile Bible software applications for iOS and Android (“Mobile Apps”). The following terms and conditions (together with any other documents referred to in them) (“Terms of Use”) apply to your use of the Website and Mobile Apps, including any related product, mobile software application, service, content or functionality offered on or through the Website or Mobile Apps (individually “Tecarta Service” and collectively, “Tecarta Services”).

Please read these Terms of Use carefully before you start to use any Tecarta Service. By using or accessing any Tecarta Service, you accept and agree to abide by these Terms of Use and our Privacy Policy found at www.tecartabible/privacy and incorporated herein by this reference. You agree that Tecarta will process your personal data in accordance with the Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must cease using all Tecarta Services. Violation of the Terms of Use should be reported via email to legal@tecarta.com .

We may revise and update these Terms of Use and/or Privacy Policy from time to time in our sole discretion and such revisions and updates will be effective immediately upon being posted on the Tecarta Services. We will use good faith efforts to notify you of any revisions and updates to these Terms of Use. Your continued use of any Tecarta Service following the posting of revised Terms of Use means that you accept and agree to the changes.

Description of Services

Tecarta offers a variety of products and services. We develop mobile Bible software for users to read, study and share the Bible – products include the Tecarta Bible, Zondervan NIV Study Bible, NIV Bible, The Holy Bible – King James Version (free), The One-Year Men Devo and MacArthur Daily Bible. Features available to some or all Tecarta Service users may be different than features offered to other Tecarta Service users, for example, although our Website provides users a web experience similar to services, features, and content similar to our Mobile Apps, in some cases, our Website will have services, features and content not available on our Mobile Apps. All of our products and services are covered by our Privacy Policy, which describes how we collect, use and disclose your information. By using any of Tecarta Services, you are accepting and agreeing to the Terms of Use and Privacy Policy.

Registration and Account Security

You are not required to register or create an account in order to use the Website or Mobile Apps. If you do not register or create an account, certain features and functionality will not be available to you when using Tecarta Services.

By using Tecarta Services, you are agreeing to make the following commitments relating to registration and security:

• You agree to provide information about yourself that is true, accurate, current and complete when registering for Tecarta Services. You will not provide any false information or create an additional account for anyone other than yourself without permission.
• Access to Tecarta Services is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend any service we provide on Tecarta Services in our sole discretion without notice. We will not be liable if for any reason all or any part of Tecarta Services is unavailable at any time or for any period. From time to time, we may restrict, suspend or terminate access to some parts of Tecarta Services or all of Tecarta Services, to users, including registered users. Upon any such restriction, suspension or termination, your right to use the Tecarta Services will immediately be restricted, suspended or terminated. You agree that we shall not be liable to you or any third party for any restriction, suspension or termination of your access to the Tecarta Services. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
• You are responsible for making all arrangements necessary for you to access and to use Tecarta Services, including any necessary fees for internet access and the provision of your own computing devices.
• You will keep your information up-to-date and accurate.
• You will not share your password that may compromise the security of your account. You are responsible for maintaining the confidentiality and safety of your username and password.
• You are responsible for all activities associated with your username and password.
• You will not transfer your account to anyone.
• You must immediately notify Tecarta of any unauthorized use of your account.
• We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, for any reason, including, if in our opinion, you have failed to comply with any provision of the Terms of Use.

FOR PARENTS OF CHILDREN UNDER 13 WHO ALLOW THEIR CHILDREN TO USE TECARTA SERVICES, IT IS YOUR RESPONSIBILITY TO DETERMINE IF TECARTA SERVICES ARE APPROPRIATE FOR YOUR CHILD. IF YOU ARE UNDER THE AGE OF 13, THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER OR OTHERWISE SUBMIT PERSONAL INFORMATION TO US. THE TECARTA SERVICES ARE NOT DIRECTED TO CHILDREN UNDER THE AGE OF 13.

Purchases of Products and Services

You may be required to provide personal information such as credit card information and billing information to an independent third party (“Processor”) that we choose in order to facilitate transactions on the Tecarta Service. We may have multiple Processors for various services and products. The Processor is responsible for collecting, transmitting and processing your financial information. In some instances, we may choose a Processor to not only collect your financial information and process your order, but also to fulfill your order. All payment obligations will be governed by the terms of use and privacy policies of the Processor. You are responsible for any data breach of your personal financial information or any problems related to the processing of your transaction. We make no warranties and accept no liability for any loss or damages in connection with the Processor(s). Tecarta does not request or store any credit card or debit card information nor any billing information.

Refund Policy

Thank you for using Tecarta Bible. If you are not satisfied with the purchase you made from the Website or made a purchasing error on the Website, you may request a refund within 10 days of the purchase. It is important to note that we are not responsible for purchases made via the Mobile Apps from the Apple App Store, Google Play, Amazon or any other similar app store. We will not be able to provide refunds on purchases made on those app stores and will be subject to its specific terms of use and refund policy. In order to receive your refund for a purchase from the Website, please send the following information to biblesupport@tecarta.com . It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card or debit card number.

• Name
• Tecarta Bible sync account email (used to purchase product)
• Date of purchase
• Product title
• Reason for refund
• Copy of receipt

Privacy

Your privacy is very important to us. We collect and use information about you in accordance with our Privacy Policy. By using Tecarta Services, you consent to such collection and you represent and warrant that all data provided by you is accurate. We encourage you to read the Privacy Policy found at tecartabible.com/privacy.

Intellectual Property Rights

The entire contents of Tecarta Services (including all information, software, text, displays, images, video and audio and any derivatives thereof) and the design, selection and arrangement thereof, are owned by Tecarta or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.

No right, title or interest in or to Tecarta Services or any related content are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Tecarta Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

You will not modify, create derivative works, attempt to decompile, or otherwise extract source code from the Tecarta Services.

You are permitted to use the Tecarta Services for personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our Website or Mobile Apps without the prior written consent of the Company, except to:

• Store copies of such materials temporarily in RAM.
• Store files that are automatically cached by your Web browser for display enhancement purposes.
• Print a reasonable number of pages of the Website for a permitted use under applicable law.

You must not:

• Modify the paper or digital copies of any materials from the Website or Mobile Apps.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text in the Bible version or materials provided to you via the Tecarta Services.
• Delete or alter any copyright, trademark and other proprietary notices appearing on such materials.
• Except as expressly permitted in these Terms of Use, you must not reproduce, sell or exploit for any commercial purposes any part of the Tecarta Services, access the Tecarta Services or use of the Tecarta Services (or any materials available in any of the foregoing) without obtaining a license to do so from the Company or its applicable licensor. If you wish to make any use of material on the Website or Mobile Apps other than that set out above, please address your request to: legal@tecarta.com.
• If you print, copy, modify, download or otherwise use any part of Tecarta Services in breach of the Terms of Use, your right to use Tecarta Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Tecarta Trademarks

Tecarta’s name, Tecarta’s logo and all related names, images, product and service names, designs and slogans are the intellectual property of Tecarta or its affiliates or licensors. In addition, the look and feel of the Tecarta Services constitute the service mark, trademark and/or trade dress of Tecarta and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Tecarta. You must not use such intellectual property without the prior written permission of Tecarta. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Our trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages Tecarta or suggests a sponsorship, affiliation or endorsement by Tecarta.

Prohibited Uses

You may use Tecarta Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use Tecarta Services:

• In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or reuse any material which does not comply with the Content Standards set forth below out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Tecarta or a Tecarta employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Tecarta Services, or which, as determined by us, may harm the Company or users of Tecarta Services or expose them to liability.

Additionally, you agree not to:

• Use any Tecarta Service in any manner that could disable, overburden, damage, or impair Tecarta Service or interfere with any other party’s use of any Tecarta Service, including their ability to engage in real time activities through such Tecarta Service.
• Use any robot, spider or other automatic device, process or means to access any Tecarta Service.
• Use any manual process to monitor or copy any of the material on any Tecarta Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of a Tecarta Service or introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of any Tecarta Service, the servers on which any Tecarta Service is stored or hosted, or any server, computer or database connected to any Tecarta Service.
• Attack any Tecarta Service using a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of any Tecarta Service.

User Contributions

Tecarta Services may allow you to post, submit, publish, display or transmit to other users and the public content or materials (collectively, “User Contributions”) on or through Tecarta Services. All User Contributions must comply with the Content Standards set out below in these Terms of Use.

• Any User Contribution you post to the site will be considered non-confidential and non-proprietary, and we have the irrevocable, royalty-free, perpetual right and license to use, copy, distribute, exploit and disclose to third parties any such material for any purpose. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Contributions that you may have under any applicable law under any legal theory. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
• You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant Tecarta and its affiliates the license granted above.
• You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless Tecarta and its affiliates and licensors for any breach of that representation and warranty.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Tecarta, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Any content and/or opinions uploaded, expressed or submitted to Tecarta Services, and all articles and responses to questions and other content, other than the content provided by Tecarta, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Tecarta. We are not responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of Tecarta Services. We cannot reasonably guarantee that all content published by users will be accurate and suitable. By using Tecarta Services, you understand and agree that you may be exposed to content that is abusive, inflammatory, hateful, objectionable, offensive, questionable and indecent.

Monitoring and Enforcement: Termination

We may or may not monitor, review, or edit User Contribution. However, we have the right to the following:

• Remove or refuse to post any User Contributions for any reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right, threatens the personal safety of users of the Website and the public or could create liability for Tecarta or its affiliates.
• Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of any Tecarta Service.
• Terminate your access to all or part of any Tecarta Service for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through a Tecarta Service. YOU WAIVE AND HOLD HARMLESS TECARTA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TECARTA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TECARTA OR LAW ENFORCEMENT AUTHORITIES. However, we can neither review all material before it is posted on a Tecarta Service nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Contributions and licensed to us as set forth above.

You are solely responsible for your interaction with other users of Tecarta Services, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes and other sales promotions, barter, advertising or pyramid schemes.
• Give the impression that they emanate from us, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see below for instructions on sending a notice of copyright infringement to Tecarta’s copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). In order for your complaint to be valid under the DMCA, you must provide the following information in writing:

• A written description of the copyrighted work that you claim has been infringed;
• A written description of the location of the copyrighted work that is claimed to be infringed;
• A written statement that you have a good faith belief that the use is not authorized by the owner of the copyright;
• Contact information including address, telephone number and email address;
• A written statement that your claim is true to the best of your knowledge;
• An electronic or physical signature.

The foregoing information must be submitted to the following DMCA Agent:

Tecarta, Inc.

2479 E. Bayshore Road Suite 185

Palo Alto, California 94303

Attn: DMCA Notice (legal@tecarta.com)

Under United States federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs and attorneys’ fees.

Links from the Tecarta Services

If Tecarta Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements and other advertising media. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or services linked to Tecarta Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.

Devices and Connectivity

You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile services, and other services needed for your access to and use of the Tecarta Services and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Tecarta Services.

By using Tecarta Services, you agree that Tecarta may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Tecarta Services. For instance, a Tecarta Service may access and read accounts, data and/or content on your device, add metadata to your device, and change settings of your device, for reasons such as showing you the location of things near you; saving images, sound files and writing usage logs to the device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for Tecarta Service operations; and to provide you notice when you are not connected to a network, but in each case subject to the Privacy Policy. You consent to these activities by installing or otherwise using a Tecarta Service and by agreeing to these Terms of Use and the Privacy Policy. Your device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with a Tecarta Service by uninstalling a Tecarta Service.

When using the Tecarta Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with Tecarta Service.

Geographic Restrictions

We are based in the State of California in the United States. We make no claims that Tecarta Services or any of its content is accessible or appropriate outside of the United States. Access to Tecarta Services may not be legal by certain persons or in certain countries. If you access Tecarta Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that any of the Tecarta Services (or content therein) will be free of viruses, safe, secure, error-free or that any Tecarta Service will always function without disruption, delays or imperfections. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Tecarta Services, if applicable, for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY TECARTA SERVICE (OR ITEMS OBTAINED THROUGH ANY SUCH TECARTA SERVICE OR TO YOUR USE OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR SERVICES LINKED TO IT).

YOUR USE OF TECARTA SERVICES, ITS CONTENT AND ANY SERVICES OR SOFTWARE OBTAINED THROUGH A TECARTA SERVICE OR APP STORES IS AT YOUR OWN RISK. TECARTA SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH TECARTA SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TECARTA NOR ANY PERSON ASSOCIATED WITH TECARTA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF TECARTA SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TECARTA NOR ANYONE ASSOCIATED WITH TECARTA REPRESENTS OR WARRANTS THAT TECARTA SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH TECARTA SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY TECARTA SERVICE OR THE SERVER INFRASTRUCTURE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY TECARTA SERVICE OR ITEMS OBTAINED THROUGH ANY SUCH TECARTA SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TECARTA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TECARTA, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, TECARTA SERVICES, WHICH INCLUDES WITHOUT LIMITATION, THE WEBSITE, MOBILE APPS AND (A) ANY WEBSITE OR SERVICES LINKED TO THERETO, (B) ANY CONTENT ON TECARTA SERVICES OR ON SUCH OTHER WEBSITES OR ANY OTHER SERVICE LINKED THERETO, (C) ITEMS OBTAINED THROUGH SUCH TECARTA SERVICES AND (D) ANY SERVICE OR FUNCTIONALITY RELATED TO TECARTA SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE EXCEED $100.00 (US DOLLARS).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF TECARTA SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY TECARTA (INCLUDING YOUR USER CONTRIBUTION) OR A LICENSOR OF TECARTA.

Indemnification

You agree to defend, indemnify and hold harmless Tecarta, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses and fees (including reasonable attorney’s fees) resulting from your violation of these Terms of Use or use of the Website, including, without limitation, any use of the content, services and products related to Tecarta Services other than as expressly authorized in the Terms of Use or your use of any information obtained from any of the Tecarta Services.

Governing Law and Jurisdiction

Subject to the arbitration provision below, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or Tecarta Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California located in the Redwood City and the County of San Mateo, California. You hereby agree to the exclusive jurisdiction and venue of such courts and irrevocably waive any argument based on inconvenient forum.

Arbitration of Disputes

Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Tecarta agree that the parties intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.

You and Tecarta agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Tecarta hereby waive any right to a jury trial of any Claim (as defined herein). All controversies, claims, counterclaims, or other disputes arising between you and Tecarta relating to these Terms of Use and Privacy Policy (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”) in the County of San Mateo, Redwood City, California. You agree that all Claims will be governed by the laws of the State of California without regard to California’s choice of law principles. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

This arbitration agreement does not preclude you or Tecarta from seeking action by federal, state, or local government agencies. You and Tecarta also have the right to bring qualifying claims in small claims court. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.

If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of these Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. This Section of these Terms of Use will survive the termination of your relationship with Tecarta.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TECARTA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Notices for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Tecarta Services, please send an email to legal@tecarta.com. You may also contact us by writing to 2479 E. Bayshore Road Suite 115, Palo Alto, California 94303, Attention: Terms of Use.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Any California residents under the age of eighteen (18) who have registered to use the Tecarta Services, and who have posted content or information on Tecarta Services, can request that such information be removed from Tecarta Services by contacting us at the e-mail or address set forth in the “Contact Us” section below making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR PRIVACY POLICY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of the Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Tecarta, Inc. with respect to Tecarta Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Tecarta Services.

Your Comments and Concerns; Contact Us

Tecarta Services are operated by the following:

Tecarta, Inc.
2479 E. Bayshore Road Suite 185
Palo Alto, California 94303
Attn: Legal

All other feedback, comments, requests for technical support and other communications relating to any Tecarta Service should be directed to: legal@tecarta.com

Thank you for visiting this Website.