Tuesday Strategies | Terms and Conditions
Last updated: July 9, 2018
THIS FOLLOWING TERMS AND CONDITIONS (“TERMS” OR “TERMS AND CONDITIONS”) DESCRIBES THE TERMS ON WHICH THE TUESDAY COMPANY OFFERS YOU USE OF OUR WEBSITE, MOBILE APPLICATION SOFTWARE AND ACCESS TO OUR SERVICES.
IMPORTANT - READ CAREFULLY. THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU, THE LICENSED USER (EITHER AN INDIVIDUAL OR ORGANIZATION) (“YOU” OR “YOUR”) AND TUESDAY STRATEGIES LLC d/b/a THE TUESDAY COMPANY (“TUESDAY”, “US”, “WE” OR “OUR”), FOR USE OF OUR SERVICES INCLUDING OUR WEBSITE, DASHBOARD, MOBILE APPLICATION, OUR ASSOCIATED PRINTED AND ONLINE DOCUMENTATION (COLLECTIVELY, THE "SERVICES"). ONLY THE LICENSEE MAY ACCEPT THESE TERMS AND USE THE SERVICES. THE LICENSEE IS THE INDIVIDUAL OR ENTITY DESIGNATED AS SUCH ON THE ORDER FORM, ENGAGEMENT LETTER, OR SIMILAR DOCUMENT UNDER WHICH THE SERVICES WERE LICENSED FROM US. DO NOT INSTALL OR USE THE SERVICES AND EXIT NOW IF YOU ARE NOT THE LICENSEE, OR A PERSON WITH AUTHORITY TO BIND THE LICENSEE TO THESE TERMS.
BY ACCEPTING THESE TERMS OR USING THE SERVICES YOU, AS AN INDIVIDUAL AND IN YOUR PERSONAL CAPACITY, REPRESENT AND WARRANT TO US THAT YOU ARE EITHER (I) THE INDIVIDUAL LICENSED TO USE THE SERVICES, OR (II) A PERSON DULY AUTHORIZED TO ACT ON BEHALF OF THE ORGANIZATION THAT IS THE LICENSEE OF THE SERVICES, OR (III) A PERSON THAT HAS BEEN AUTHORIZED BY A LICENSEE TO USE THE SERVICES UNDER THE LICENSEE’S LICENSE TO USE THE SERVICES. IF THIS IS NOT THE CASE, YOUR USE OF THE SERVICES IS NOT AUTHORIZED AND YOU ARE PERSONALLY LIABLE AND RESPONSIBLE FOR ANY DAMAGE INCURRED BY TUESDAY STRATEGIES.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SERVICES AND EXIT NOW.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to minors (persons under the age of 18) or to temporarily or indefinitely terminated Users. By becoming a User, You represent and warrant that You are at least 18 years old. By using the Services, You represent and warrant that You have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by You for accessing the Service. You are solely and fully responsible for all activities that occur under Your password or account. We have no control over the use of any User's account and expressly disclaim any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, 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.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party (including an Other User, defined below) posts on or through the Service. You are solely responsible for Your Content and Your interactions with other people in the public, and we act only as a passive conduit for Your posting of Your Content or communications with other users where you may share Your Information. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
You further agree that your Content and your interactions when using the Service shall not: (a) be false, inaccurate or misleading; (b) infringe any third party's (including an Other User’s, defined below) rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us; and (j) link directly or indirectly to any other websites. We reserve the right, but We have no obligation, to reject or terminate Service to any user that does not comply with these prohibitions.
We have the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Tuesday or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
We cannot verify or guarantee the accuracy of the information Users provide us or You using the Service. We do not control the information provided by other Users that is made available through our system. Therefore, We cannot and do not confirm each User's purported identity. Please use caution and common sense when using the Services. By using the Service, You agree We are not responsible for the acts or omissions of Users.
Copyright complaints and copyright agent
We respect the intellectual property of others, and expect Users to do the same. If you believe, in good faith, that any materials provided by Users over the Services infringe upon your copyrights, please send the following information to Our Copyright Agent at Tuesday Strategies, LCC at the address provided below:
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Us to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your use or access to the Services if You have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. With respect to Your use of the Service, You agree that You will not: (a) Impersonate any person or entity; (b) "Stalk" or otherwise harass any person; (c) Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notices contained in the applications or with respect to the Service; (g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) "frame" or "mirror" any part of the Service, without Our prior written authorization or use of meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other website for any purpose; (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the application or any software used on or for the Service or cause others to do so; or (l) use the Services in connection with any commercial endeavors whatsoever without Our express prior written consent.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Tuesday and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tuesday.
You agree that any and all improvements, enhancements, ideas, concepts, methods, processes, inventions, software, trade secrets, know-how or product modifications related to or involving the Services including, without limitation, those resulting from (i) any product demonstrations, collaborative discussions or exchanges between You and Us, or (ii) any suggestions or requirements for improving the Services regardless of the source, shall be the sole and exclusive property of Tuesday. You agrees to cooperate with Us in ensuring Tuesday has full right, title and interest in and to all of the forgoing including, without limitation, executing any documents, instruments of transfer, acknowledgements or similar documents that may be necessary or desirable, in Our reasonable judgment, to evidence Our intellectual property rights.
You agree that Our software and mobile applications, including without limitation, the specific design, structure, functionality and logic of individual programs, their interactions both internal and external, and the programming techniques employed therein are considered Our confidential information and trade secrets (the “Confidential Information”), the unauthorized disclosure of which would cause irreparable harm to Us. You agree to protect Our Confidential Information from unauthorized use or disclosure using the same degree of care and means that You use to protect Your own information of a similar nature, and in any event, using Your best efforts to prevent the use or disclosure of Confidential Information to or by any third parties that have not been authorized by Us to use the software and mobile applications. You shall not use, reproduce or distribute the Confidential Information other than for the sole purpose of using Our Services as licensed and authorized by Us. This confidentiality obligation shall continue to apply to the Confidential Information following the termination hereof, provided that the confidentiality provisions contained herein shall not apply to Confidential Information which (i) was known by You prior to disclosure, as evidenced by Your business records; (ii) was lawfully in the public domain prior to its disclosure, or becomes publicly available other than through a breach of the confidentiality provisions contained herein; or (iii) is disclosed when such disclosure is compelled pursuant to legal, judicial, or administrative proceeding, or otherwise required by law, provided that You shall give all reasonable prior notice to Us to allow Us to seek protective or other court orders.
Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by Tuesday. Our Service also permits Users to communicate with other users of the Service (“Other Users”).
Tuesday has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services or posted or shared by Other Users. We do not warrant the offerings or information of any of these entities/individuals or their websites.
You acknowledge and agree that Tuesday shall not be 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 such content, goods or services available on or through any such third party web sites or services or Other Users.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit, and to exercise due diligence and care when deciding whether or not to engage in a potential transaction with any Other User.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
Upon the termination or expiration hereof, You shall forthwith (i) discontinue the use of the Services, (ii) return to Us all applicable copies of the software, (iii) remove from all computers and devices all copies of the applicable software, and (iv) if requested, certify to Us that You have complied with these requirements.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Tuesday and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Tuesday, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party or Other User on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall Tuesday Strategies’ aggregate liability arising out of or in connection with these Terms, the Services or any component thereof, or Your use of the Services exceed the total amount of fees paid to Us hereunder with respect to the Services.
Limited Warranty; Disclaimer
We warrant for Your benefit only that the Services will perform substantially in accordance with the accompanying product documentation. Our sole obligation, and Your sole remedy, under this warranty is that We will make a commercially reasonable efforts to resolve any reported defects in the Services.
EXCEPT AS PROVIDED ABOVE, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE PROVIDE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, SOFTWARE, DOCUMENTATION, OR ANY OTHER MATERIAL FURNISHED TO YOU, OR ANY COMPONENT THEREOF, INCLUDING THE CONDITION, THE CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY ERROR OR OTHER LATENT OR PATENT DEFECT. WE DO NOT WARRANT THAT THE SERVICES (A) WILL FUNCTION UNINETRRUPTED, SECURE, OR ERROR FREE, (B) THAT ANY DEFECTS WILL BE CORRECTED, (C) THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE RESULTS OF USING THE SERVICES. WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR USE OR PURPOSE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SOFTWARE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law; Venue
These Terms shall be governed and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions. The exclusive jurisdiction for the resolution of any dispute, claim or controversy arising under or in connection with these Terms or the Services shall be in the federal or state courts in Michigan, and the parties hereby expressly submit to and waive any objection to jurisdiction and venue in such courts
You acknowledge that the laws and regulations of the United States restrict the export and re-export of the software used in the Services to restricted countries and agree not to export or re-export the software without the appropriate approval of the United States government.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Any provision herein which is prohibited, invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, invalidity or unenforceability, without invalidating, affecting or impairing the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction. To the extent practicable, the prohibited, invalid or unenforceable provision shall be replaced, for purposes of such jurisdiction, with a permitted, valid and enforceable provision that comes closest to the intention of the parties with respect to the provision so replaced.
No amendment, modification, waiver or consent issued hereunder shall be binding or effective on Us unless set forth in writing specifically referencing these Terms and executed by Tuesday Strategies. No waiver by Us of any rights arising from the breach hereof shall be construed as a continuing waiver, nor shall failure to assert a breach be deemed to waive that breach or any further breach. No waiver of any of the provisions or a breach hereof shall constitute a waiver of any other provision or other breach hereof.
In the event We pursue any claim or action to enforce the terms of these Terms, We shall be entitled to recover all costs incurred in connection with such claim or action including, without limitation, any and all court costs, witness fees, costs of investigation or enforcement, and attorney’s fees.
The license granted hereunder, and the rights and obligations hereunder and under the license, are not transferable or assignable by Licensee without the prior written consent of Tuesday Strategies.
These Terms contain the whole of the agreement between the parties concerning the matters provided for herein and there are no collateral or precedent representations, warranties, agreements or conditions not specifically set forth herein and none have been relied on by either party as an inducement to enter into this agreement.
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org