IMPORTANT: ALL USERS MUST READ THIS AGREEMENT
Impel Apps™ ("Impel Apps" or "we" or "us") provides an interactive online service, www.TAPCongress.us (the "Site" or the "site") and companion mobile app, TAPCongress™ (the "App" or the "app") consisting of information services, content and transaction capabilities provided by Impel Apps, affiliates of Impel Apps and other third parties. This Terms of Service Agreement ("Terms of Service" or "Agreement") describes our relationship with you. You and other users of our Site or App are sometimes referred to as "End Users".
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1 YOUR AGREEMENT WITH US
1.2 MODIFICATION OF TERMS
2. USE OF THE SITE OR APP
2.1 SITE OR APP AVAILABILITY AND CONTENT
You acknowledge that, although the Internet and wireless broadcasting are often secure environments, sometimes there are interruptions in service or events that are beyond the control of Impel Apps, and Impel Apps shall not be responsible for any data lost while transmitting information on the Internet or wireless service. While it is our goal to make the Site or App accessible 24 hours per day, 7 days per week, the Site or App may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Impel Apps, access to the Site or App may be interrupted, suspended or terminated from time to time.
Impel Apps has the right at any time to change or discontinue any aspect or feature of the Site or App, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Impel Apps may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site or App and all charges related thereto. Impel Apps shall not be liable for any damages to your equipment resulting from the use of the Site or App.
2.3 YOUR CONDUCT
The Site or App and any individual Site or App or merchant-specific, city-specific, or state-specific Impel Apps-operated Site or App now or hereinafter contained within or otherwise available through external hyperlinks with our Site or App (collectively, the "Expanded Site or App") are private property. All interactions on this Site or App and/or the Expanded Site or App must comply with these Terms of Service. Although we welcome and encourage user interaction on our Site or App, we do insist and require that all End Users restrict any and all activity in connection with the use of this Site or App and the Expanded Site or App to that which involves lawful purposes only. You shall not post or transmit through this Site or App any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Impel Apps' express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in Impel Apps' exclusive discretion restricts or inhibits any other End User from using or enjoying this Site or App and/or any of the Expanded Site or App is strictly prohibited. You shall not use this Site or App or any of the Expanded Site or App to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site or App and/or the Expanded Site or App to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Impel Apps.
2.4 INTELLECTUAL PROPERTY RIGHTS RETAINED BY HOLDER
When using the Site or App, you do not acquire any rights in the products services, trademarks, copyrights, patents or other intellectual property rights to anything on the Site or App, except for personal use. All intellectual property rights are retained by Impel Apps, their licensors, or the respective rights holders. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF ANY OF THE CONTENT OF THIS SITE OR APP OR ANY OF THE EXPANDED SITE OR APPS WITHOUT THE EXPRESS WRITTEN PERMISSION OF IMPEL APPS AND, IF APPLICABLE, THE HOLDER OF THE RIGHTS TO SUCH INTELLECTUAL PROPERTY, IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and / or criminal penalties.
Trademarks that are located within or on the Site or App, the Expanded Site or App, or a Web Site or App otherwise owned or operated in conjunction with Impel Apps shall not be deemed to be in the public domain but rather the exclusive property of Impel Apps, unless such Site or App is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Impel Apps, unless otherwise stated. You shall not upload, post or otherwise make available on this Site or App any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. TAPCongress™ is a trademark of Impel Apps™. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Impel Apps are the property of their respective owners.
The foregoing provisions of this Section apply equally to and are for the benefit of Impel Apps, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
2.5 LICENSE GRANT
By submitting material to any public area of this Site or App, you grant, or warrant that the owner of such material has expressly granted, Impel Apps the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees, for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for that End User's personal use. You hereby grant Impel Apps the right to edit, copy, publish and distribute any material made available on this Site or App by you.
2.6 COMMUNITY CONTENT
2.7 THIRD PARTY CONTENT
In many instances, the content available through this Site or App represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Impel Apps. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Impel Apps. Impel Apps neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Impel Apps by anyone other than authorized Impel Apps employee spokespersons while acting in official capacities. Under no circumstances will Impel Apps be liable for any loss or damage caused by your reliance on information thus obtained. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Impel Apps.
Impel Apps contains links to third party Web Sites or Apps maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Impel Apps of the contents on such third-party Site or App and Impel Apps hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web Site or App. If you decide to access linked third-party Web Site or App, you do so at your own risk.
Impel Apps shall have the right, but not the obligation, to monitor the content of the Site or App at all times, including any forums that may hereinafter be included as part of the Site or App, to determine compliance with this Agreement and any operating rules established by Impel Apps, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Impel Apps shall have the right to remove any material that Impel Apps, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
2.9 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Impel Apps with the written information specified below:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site or App are covered by a single notification, a representative list of such works at that Site or App;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Impel Apps to locate the material;
Information reasonably sufficient to permit Impel Apps to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that this procedure is exclusively for notifying Impel Apps that your copyrighted material has been infringed. Impel Apps for notice of claims of copyright infringement on its Site or App can be reached as follows: Impel Apps, 400 N. Washington St. Suite 301 Falls Church, VA 22046. In addition, if information about or images of you or a minor child for which you are the parent or guardian appears on the Site or App without your consent, please submit a statement to the above address identifying the offending content, your identity and relationship to the content (whether it is your information or that of a minor child, etc.) as well as you name, address and email so that Impel Apps may investigate the matter and contact you if necessary.
3. TERMS OF SUBSCRIPTION
3.1 Impel Apps offers both Small Business Association Subscriptions and Non-Small Business Association Subscriptions which provide access to the restricted services within the site and app. By registering for a subscription, you have agreed to the terms and conditions stated in this Agreement.
3.3 Non-Association subscriptions expire on the day before the one year anniversary of subscribing. Association subscriptions are valid as long as you are a member in good standing with the respective affiliate Small Business Association which qualified you for the subscription. Impel Apps is not responsible maintaining records of your membership status. Any questions or disputes about membership status should be directed to your Small Business Association membership director whose responsibility it is to provide Impel Apps with membership status information.
4. GENERAL PROVISIONS
4.1 LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THIS SITE OR APP AND THE EXPANDED SITE OR APP IS AT YOUR SOLE RISK. NEITHER IMPEL APPS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSE WARRANT THAT USE OF THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR APP, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR APP OR THE EXPANDED SITE OR APP.
THIS SITE OR APP AND THE EXPANDED SITE OR APP ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT IMPEL APPS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL IMPEL APPS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR APP OR THE CONTENTS HEREOF, INCLUDING THE EXPANDED SITE OR APP AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR APP. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE OR APP AND THE EXPANDED SITE OR APPS.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER IMPEL APPS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR APP OR ANY OF THE EXPANDED SITE OR APPS, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
IMPEL APPS IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR APP OR ANY OF THE EXPANDED SITE OR APP. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY IMPEL APPS. MOREOVER, IMPEL APPS RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE.
You agree to defend, indemnify and hold harmless Impel Apps, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of this Site or App and/or the Expanded Site or App and/or your purchase or use of any service or product offered through the Site or App.
Impel Apps may terminate this Agreement at any time. Without limiting the foregoing, Impel Apps shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which Impel Apps, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
Impel Apps' headquarters are in Falls Church, VA. Legal issues arising out of, but not exclusive to, the use of this Site or App or the Expanded Site or App (unless otherwise specifically stated) are governed by and in accordance with the laws of the Commonwealth of Virginia (exclusive of its rules regarding conflicts of laws). By using this Site or App, you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or App or any Expanded Site or App, shall be finally settled by arbitration in under the rules of arbitration of the arbitration service provider of Impel Apps' choice.