Terms of Service

Updated 10/31/2019

  1. Acceptance of Terms

TPLO City, LLC (referred to as “Company,” “us” or “we”) and affiliates, shall provide you the Customer (“You” or “Customer”) leased access to the website developed for your city. (referred to as “site”).

As used in these Terms, references to our “Affiliates” includes our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing or delivering this Site or contents and Offerings available on this Site.

  1. Offerings

Lease: Customer is licensing the proprietary educational and instructional content, marketing materials, use of a custom website, a custom domain name and search engine optimization services from Company.

AS-IS: You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

No Guarantee: Although Company works hard to provide quality offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or offerings available on this site.

Ownership of Content: By accepting these Terms, you agree that all content and marketing materials presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Company Inc. or its Affiliates.

No Resale Right: You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site.

  1. Terms

Lease length: In signing this lease, you agree to lease the site for twelve (12) consecutive months.

Payment: The credit card on file will automatically be billed on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)

Auto-Renewal: Unless either party notifies the other per the terms below, this lease will automatically renew for twelve (12) months. This one auto-renewal clause will continue indefinitely until termination notification from either party is received.

Termination: Either party can cancel this lease without purpose with a thirty (30) day notification. If this notice is given within the first six (6) months of the lease a fee equal to one (1) month hosting will be charged to the credit card on file as a lease penalty upon receiving termination notification.

Notifications: Termination notifications should be directed to support@tplocity.com or addressed to:

TPLO CITY, LLC

13221 Overland Pass Dr., Bee Cave, TX 78738

  1. Posting and intellectual property

Posting: All postings, including but not limited to, blogs, vlogs, white papers, videos, PDFs, etc. are owned by us. Part of the services paid for is the content development, publishing, and management posts. If you would like to publish one of the above items or something similar in nature, it must be approved by us.

Intellectual Property: Company owns all content on this site. If we approve postings such as blogs, vlogs, white papers, etc. you assign Company the rights to use this material free of charge and assign company unlimited and perpetual royalty-free usage rights to this content.

Other Documents: Customer also agrees to the website privacy statement found here at tplocity.com/privacy-policy/ and the website cookie policy found here at tplocity.com/cookie-policy/

  1. Other terms

No Liability: IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

Indemnification: You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Governing Law: This Site (excluding any Third Party websites) is controlled by us from our offices in Austin, Texas, and the statutes and laws of the State of Texas, County of Travis shall be controlling, without regard to the conflicts of laws principles thereof.

Savings Clause: If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver: Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Changes to the Terms of Service: We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

Entire Agreement: These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

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