Effective date: 04/26/2020
This Terms of Service document (the “Terms”) outlines the terms and conditions of use of the services (the “Services” or “Service”) provided by Tangerine Flow, Inc. (“TangerineFlow” or “us”). These Terms also govern the use of and access to TangerineFlow content (the “Content”), which includes the IPSTATICO.ORG website (the “Site”).
By accessing the Content or Services, you are agreeing on behalf of yourself or those you represent (“you”) to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the “Agreement”) between you and TangerineFlow. If you do not agree with any part of the Terms, you may not use our Services.
By creating an account for using our Services, you represent that you are at least eighteen (18) years of age or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.
TangerineFlow may update the Terms from time to time without notice. If you continue to use TangerineFlow’s Services, Content, Site after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on any core changes to the Terms will be provided to subscribers through an email message or update to the Site. Your use of the Content or Services following the changes to these Terms constitutes your acceptance of the changed Terms.
TangerineFlow Services are available to you upon registration on the Site. By subscribing to the Services, you agree to become a subscriber (“Subscriber”) for the period you have elected. TangerineFlow reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal. Subscription purchases are handled via multiple third-party payment companies.
When supported by your payment method, plans renew automatically by default at the completion of the billing term. By default, the renewal term is for the same duration as the billing term for the original subscription. The subscription fee will be charged automatically to the payment method you last selected. If you would like to discontinue automatic renewal, you may sign in to the Site and turn off auto-renewal. By default, auto-renewal is turned on when you use a payment method that supports auto-renewal (such as a credit card or Paypal).
Each paid subscription grants you one (1) license to use on one (1) device at any given time. If you want to use the Services on more than one device at a time, then you can either (i) purchase additional subscription plans, or (ii) purchase additional licenses through the ‘volume licensing’ option. For more information on ‘volume licensing’ program, please contact Sales@tangerineflow.net.
4. Free Trials
If Subscriber registers at TangerineFlow websites for a free trial ("Trial Account") of one or more Services, TangerineFlow will make such Services available to Subscriber on a trial basis free of charge until the earlier of (a) ten (10) days (the “Evaluation Period”), (b) the start of any paid subscription for such Services, or (c) termination by TangerineFlow at its sole discretion. If, at the end of the Evaluation Period, Subscriber does not sign up for a paid subscription of the Services, the Agreement will automatically terminate unless TangerineFlow agrees, in its sole discretion, to extend the Evaluation Period. Additional terms and conditions may appear on the registration website for a Trial Account and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ALL TRIAL ACCOUNTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. TRIAL ACCOUNTS MAY BE SUSPENDED, TERMINATED, OR DISCONTINUED AT ANY TIME AND FOR ANY REASON (OR NO REASON). TANGERINEFLOW DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT (INCLUDING LIABILITY OTHERWISE PROVIDED FOR UNDER SECTION LIMITATION OF LIABILITY) FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A TRIAL ACCOUNT, INCLUDING ANY OBLIGATION OR LIABILITY WITH RESPECT TO SUBSCRIBER DATA. ANY CONFIGURATIONS OR SUBSCRIBER DATA ENTERED INTO A TRIAL ACCOUNT, AND ANY CUSTOMIZATIONS MADE TO A TRIAL ACCOUNT BY OR FOR SUBSCRIBER, MAY BE PERMANENTLY LOST IF THE TRIAL ACCOUNT IS SUSPENDED, TERMINATED, OR DISCONTINUED. TANGERINEFLOW’S INDEMNITY OBLIGATIONS UNDER SECTION INDEMNIFICATION DO NOT APPLY TO TRIAL ACCOUNTS.
Fees for Services do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes assessable by any jurisdiction whatsoever (collectively, “Taxes”). Subscriber is responsible for paying all Taxes associated with its Service Orders. If TangerineFlow is obligated by law to pay or collect Taxes for which Subscriber is responsible, TangerineFlow will invoice Subscriber and Subscriber will pay that amount unless Subscriber can provide a valid tax exemption certificate authorized by the appropriate taxing authority. Subscriber will provide TangerineFlow any information TangerineFlow reasonably requests to determine whether TangerineFlow is obligated to collect Taxes. TangerineFlow is solely responsible for taxes assessable against its income, property, and employees.
Except when required by law, paid Subscription fees are non-refundable.
If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
8. TangerineFlow’s Obligations.
TangerineFlow will make the Services available to Subscriber according to online description of Service contained in the Site.
TangerineFlow will comply with all laws and governmental regulations applicable to the Services.
TangerineFlow will be responsible for the performance of its personnel (including employees and contractors) and their compliance with the Agreement.
TangerineFlow will make online documentation available under the section Docs of the Site (the “Documentation”) that describe: (a) TangerineFlow Services ("Services") and (b) usage guides for the Services.
TangerineFlow will maintain administrative, physical, and technical safeguards for the security and integrity of the Services (the “Security Measures”) consistent with industry standard practices. TangerineFlow will store, process, transmit and disclose electronic data and configurations submitted to the Services at the direction of or on behalf of Subscriber ("Subscriber Data") only according to the Agreement and the Documentation. The Services, independent of Subscriber Data, will not transmit code, files, scripts, agents, or programs intended to do harm, including, viruses, worms, time bombs, and Trojan horses ("Malicious Code").
9. Acceptable Use Policy
TangerineFlow Services may be accessed from all around the world, so it is your responsibility to assess whether using the Site, Apps, Software, or Services is in compliance with local laws and regulations. Whenever you use the Site, Apps, Software, or Services, you should comply with these Terms and applicable laws, regulations, and policies.
You understand that it is your responsibility to keep your TangerineFlow account information confidential. You are responsible for all activity under your account. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to inform us immediately so that we may revoke your account credentials and issue new ones.
TangerineFlow aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations.
In order to protect the Services from being misused or used to harm someone, TangerineFlow reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that TangerineFlow may terminate your account, without providing a refund for Services already paid, if you misuse the Service.
In using our Services, you agree not to:
10. Export Compliance.
The Services, TangerineFLow Software and the Documentation may be subject to export laws and regulations of the United States and other jurisdictions, and any use or transfer of the Services, TangerineFLow Software and Documentation must be permitted under these laws and regulations. Each party represents that it is not named on any U.S. government denied-party list. Subscriber shall not enable use of the Services in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan, Crimea – Region of Ukraine, or Syria) or in violation of any U.S. export law or regulation.
11. Limitation of Liability
IN NO EVENT WILL TangerineFlow OR TangerineFlow’s DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TangerineFlow’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 6 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless TangerineFlow, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Content and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
13. Electronic Communications, Transactions and Signatures
Visiting the Site, sending TangerineFlow emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
14. Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance
with laws of the State of Delaware.
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Delaware.
15. Contacting us
You can contact us by post at:
Tangerine Flow, Inc
2093 PHILADELPHIA PIKE #1492
Claymont, DE 19703
or by email at: firstname.lastname@example.org