Terms and conditions
Tagcrush.com, Tagcrush.net, and Tagcrush are trademarks of Tagcrush LLC.
TAGCRUSH offers a Software as a Service (SaaS) hosting service for websites and technology for marketing and dissemination of them under the subscription model of paid or free. TAGCRUSH provides the service, and the subscriber receives the service always under the limitations of this agreement.
Effective date: November 07, 2020
This website represents a legal document, and these are the Terms and Conditions (Agreement) of our website and/or service. The subscriber agrees to these terms by using the services provided by TAGCRUSH. The subscriber, by using our Website and service, agrees to comply with and be bound by the following Terms and Conditions of Use Agreement each time they use our website and/or service.
Please review the following terms carefully.
Definitions
The terms "we", "us", and "our" refer to TAGCRUSH LLC, the owner of this website and the services it provides through TAGCRUSH.com and TAGCRUSH.net, hereafter referred to as THE COMPANY. A "visitor" is someone who simply browses our website. A "SUBSCRIBER" or "MEMBER" is someone who has registered on our website to use our Services. The term "USER" is a collective identifier that refers to a Visitor or a Member. The term "PRODUCT" refers to any product we sell or give away.
All text, information, graphics, design, and data offered through our Website or Services are collectively known as our "CONTENT." We distinguish content posted by our members as "SUBSCRIBER CONTENT."
Acceptance of the Agreement
This agreement is between anyone who falls under the category of SUBSCRIBER, MEMBER, User, and the COMPANY. BROWSING OUR WEBSITE, USING OUR SERVICES, CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY EACH AND EVERY LIMITATION AND CONDITION SET FORTH HEREIN, PLEASE IMMEDIATELY EXIT OUR WEBSITE AND DO NOT USE OUR SERVICES.
Unless otherwise stated, this Agreement constitutes the complete and sole agreement between USERS, SUBSCRIBERS, AND MEMBERS and the Company and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein.
This is a Spanish-language text that outlines the terms and conditions of a service provided by TAGCRUSH. Here is a rough translation of the text:
Privacy Policy
The privacy policy is considered part of this agreement and is available on this website. You should review our privacy policy at https://www.TAGCRUSH.com/politicas-de-privacidad.
Arbitration
Any legal dispute or claim arising from or related to this agreement and/or our service, excluding any legal action we take to collect or recover damages, or to obtain any injunction related to website operations, intellectual property, and our service, will be resolved solely through mandatory arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such dispute or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will take place in Miami, FL, and the judgment on the arbitration award may be entered in any court having jurisdiction over it. You and we may seek any interim or preliminary relief from a court of competent jurisdiction in Miami, FL necessary to protect the rights or property of you and us until the arbitration award is rendered. Each party will bear half of the fees and costs of arbitration.
Choice of Law and Jurisdiction
This agreement will be treated as if it were executed and performed in Miami, FL, and will be governed and interpreted in accordance with the laws of the state of Florida without regard to its provisions on conflicts of laws. You agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our website or service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Limited License
The company grants the subscriber or member a non-exclusive, non-transferable, and revocable license to access and use our website and services strictly in accordance with this agreement. You may not use any printed copy or electronic version of any part of our website or services in any litigation or arbitration under any circumstances.
Legal Compliance
The subscriber or member agrees to comply with all applicable national and international laws, statutes, ordinances, and regulations regarding their use of our website, content, services, and any software included therein.
The subscriber or member agrees to comply with all applicable national and international laws, statutes, ordinances, and regulations regarding the protection of copyright.
Our Relationship with the Subscriber, Member or User
This agreement does not create an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and the company.
This is a Spanish-language text that outlines the terms and conditions of a service provided by TAGCRUSH. Here is a rough translation of the text:
Our Intellectual Property
The subscriber agrees that our website and service may contain our service marks or trademarks, as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our website or services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of the company.
The subscriber agrees that our content, as found on our website and services, is proprietary and is protected by U.S. and other countries' copyright laws. Copying, redistribution, use, or publication by you of such content is strictly prohibited. Your use of our website and services does not give you any ownership rights over our content.
The subscriber agrees that TAGCRUSH provides a web page hosting service and a promotion service for it. The subscriber, member, or user is responsible for all content added (audio, video, photographs, texts) to the web page and related promotion services hosted on the subscription or membership associated with TAGCRUSH.
The subscriber or member agrees that TAGCRUSH is not and will not be responsible for the images, audio, videos, and texts that the member or subscriber adds to the website and services associated with their.account
Eligibility and enrollment for subscription
To use our Services, the USER must register on our website to become a MEMBER or SUBSCRIBER. The subscription is not transferable or assignable and is void where prohibited. Our website and services are intended only for users who are at least 18 years of age or older. Any registration, use, or access to our website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are 18 years of age or older and agree to comply with all the terms and conditions of this Agreement. The Company has the exclusive right and discretion to determine whether to accept a MEMBER and may reject the registration of a MEMBER with or without explanation.
Upon completing the registration process, the SUBSCRIBER will receive or may create a password that will allow them to access our Services. The SUBSCRIBER agrees to maintain the confidentiality of their password and assumes full legal responsibility and damages resulting from their failure to maintain that confidentiality and all activities that occur through the use of their password.
The SUBSCRIBER agrees to notify us immediately of any unauthorized use of their password or any other security breach. The SUBSCRIBER agrees that our website cannot and will not be liable for any loss or damage resulting from the malicious use of the password by unauthorized third parties.
Access to the platform is limited to the contracting SUBSCRIBER of the service (MEMBER), and the use of the tools provided on the platform is limited only to the SUBSCRIBER, understood as a single identity and a single domain, and which will use the platform for the promotion of products and services that the SUBSCRIBER offers. This clause explicitly limits the use that the user will give to landing pages, pop-ups, email marketing, and any other tool provided by the platform offered by the COMPANY, absolutely prohibiting the use of these as hosting for other person(s) other than the subscriber who contracts the service.
Errors, corrections and changes
The SUBSCRIBER agrees that we do not declare or guarantee that our website is free of errors, free of viruses, or other harmful components, or that we will correct any errors. We do not declare or guarantee that the information available on or through our website is correct, accurate, timely or reliable.
The SUBSCRIBER agrees that the Company reserves the right, in our sole discretion, to change any content, software, and other elements used or contained on our website or services at any time without prior notice.
Disclaimer
The SUBSCRIBER agrees that our website allows SUBSCRIBERS to post content. The SUBSCRIBER agrees that the Company has no editorial control over such content and that the SUBSCRIBER is solely responsible for it.
The SUBSCRIBER agrees that the Company does not guarantee the accuracy, completeness, merchantability, or suitability for any particular purpose or the legality of any content provided by the SUBSCRIBERS OR MEMBERS.
The SUBSCRIBER, MEMBER, USER understands that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to transactions made between you and the Merchants. You agree that the use or purchase of such Merchants is at your own risk and without any warranties of any kind by us.
All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while you are on any Merchant website.
Hereby, the SUBSCRIBER acknowledges that nothing contained on our website shall constitute financial, investment, legal, or other advice, and that no professional relationship of any kind shall be created.
Here's the English translation of the text:
"All rules, legal documents (including privacy policies), and operational procedures of the Merchants will apply to you while you are on any Merchant's website.
Hereby, THE SUBSCRIBER acknowledges that nothing contained on our website shall constitute financial, investment, legal, or any other kind of advice, and that no professional relationship of any kind shall be created between THE SUBSCRIBER and THE COMPANY. Hereby, THE SUBSCRIBER agrees that they will not make any financial, investment, legal, or any other kind of decision based on any content of our website or services.
Accessibility
THE SUBSCRIBER agrees that THE COMPANY strives to ensure that its services are accessible to people with disabilities. The Company has invested a significant amount of resources to help ensure that its websites are more user-friendly and more accessible to people with disabilities, with the firm belief that every person has the right to live with dignity, equality, comfort, and independence, in compliance with the Americans with Disabilities Act. In this regard, the Company's software undergoes continuous reviews to ensure compliance with the Web Content Accessibility Guidelines (WCAG 2.1).
THE COMPANY does not accept any discriminatory treatment promoted by its SUBSCRIBERS.
On the use of third-party programs regarding accessibility
The Company's software allows for the integration and use of third-party tools and programs (widgets), among which are programs created to improve compliance with Web Content Accessibility Guidelines. Although the Company facilitates this integration, THE SUBSCRIBER decides whether to add these programs to their website and therefore accepts the responsibility arising from their use and administration, as well as the consequences arising from the use of these programs within their website.
Third-party programs or widgets are utility programs created by third parties that may add multiple contents and/or functionalities to a website and may or may not comply with Web Content Accessibility Guidelines, and may, in turn, affect a website's compliance with these guidelines.
THE SUBSCRIBER agrees that THE COMPANY does not control or manage the design or operation of programs created by third parties and therefore is not responsible in any way for the software created and managed by third parties, nor for the consequences arising from their use. THE SUBSCRIBER accepts the responsibility derived from the use of these programs exclusively.
Exclusion of Warranty
THE COMPANY is not responsible in any way for the content posted by SUBSCRIBERS. THE COMPANY is not responsible for the online or offline conduct of any SUBSCRIBER of our website or services.
THE SUBSCRIBER agrees that our website or services may not be available temporarily from time to time for maintenance or other reasons. The Company assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, or destruction, or unauthorized access or alteration of Subscriber communications.
THE SUBSCRIBER agrees that THE COMPANY is not responsible for any technical malfunction or other problems of any network or telephone service, computer systems, servers or providers, computer or mobile phone equipment, software, email failures due to technical problems or congestion on the Internet, or any combination thereof, including injury or damage to the computer, mobile phone, or other hardware or software of the MEMBERS or any other person related to or resulting from the use or downloading of materials in connection with our website or services, including, without limitation, any software provided through our website or services.
THE SUBSCRIBER agrees that under no circumstances will THE COMPANY or any of their employees be liable for any loss or damage, including any loss or damage or personal injury or death resulting from the use of our website or services by any person, or any interaction between Users of our website or services, whether online or offline.
The SUSCRIBER accepts that any reference to any product, service, process, or other information by trade name, trademark, manufacturer, supplier in no way constitutes or implies endorsement, sponsorship, recommendation, or any affiliation to our website by third parties or any of the team or programming associated or used by our Services.
Limitation of liability
The SUBSCRIBER accepts that in no event shall TAGCRUSH, LLC or its directors, employees, or agents be liable for any direct, indirect, consequential, exemplary, incidental, special, punitive, or non-punitive damages, including those for any loss of profits or loss of data arising from the use of our website or systems.
Conduct of Members and/or Subscribers
Subscribers may post their content on our website through our Services (Member Content). Members and Visitors understand that by using our website or services, they may be exposed to content that is offensive, indecent, or questionable. We have no control over Member Content and in no way guarantee its quality, accuracy, or completeness. The COMPANY is not responsible for monitoring or filtering any Member Content. In the event that any Member Content is illegal, the COMPANY will provide all necessary information to the relevant authorities.
If any Member Content is reported to the COMPANY as offensive or inappropriate, we may ask the Member to remove or modify the questionable content within 24 hours of being notified by us. If the Member fails to comply with such a request, the COMPANY has full authority to restrict the Member's ability to post Member Content or immediately cancel the Member's subscription without notice.
The SUBSCRIBER agrees that, without limiting the foregoing, we have the sole discretion to remove any Member Content that violates this Agreement or is objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws regarding their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
The SUBSCRIBER agrees that they will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating Members that we consider, in our sole discretion, to be infringers of others' intellectual property rights.
The SUBSCRIBER agrees not to use our Services to engage in any of the following actions:
Violation of any local, state, federal, or international law.
Violation of patent, trademark, trade secret, copyright, or other third-party property rights.
Threats, defamation, promotion of violence, or illegal activities.
Segregation or discriminatory activities.
Disclosure of third-party private information without consent, including, but not limited to, addresses, phone numbers, email addresses, social security numbers, and credit card numbers.
Inclusion of malicious code with the intent to damage or infect third-party systems.
Dissemination of unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Decompilation or reverse engineering of our service.
Use of our website or our services in any way that violates this Agreement or any local, state, federal, or international law.
Illegal activity
The SUBSCRIBER agrees that we reserve the right to investigate reported complaints or breaches of this Agreement and take any action that we deem appropriate, including but not limited to reporting any suspected illegal activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities related to their profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Links to other websites
The SUBSCRIBER acknowledges that our website may occasionally contain links to third-party websites. The inclusion of links to any website on our Site does not imply that we endorse, guarantee, or recommend the services, information, content, and/or data of such third-party websites. The COMPANY has no control over the legal documents and privacy practices of third-party websites; You access any third-party website at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.
Charges and Payments
You represent and warrant that if you purchase anything from us, (i) any credit information you provide is true and complete, (ii) the charges you incur will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to the dishonored payment.
Payment and Refund Policy
The SUBSCRIBER agrees that subscribing to the TAGCRUSH platform for the time contracted by the customer, whether monthly or annually, will be paid in advance and will allow access to the control panel and website, as well as the marketing and value-added systems of the TAGCRUSH platform.
The SUBSCRIBER agrees that subscribing to the TAGCRUSH site platform reserves system space, servers, and resources, so that the SUBSCRIBER can create, use, manage, change, publish, and/or perform the activities inherent in the use of their website on our platform, which will be available for the contracted time in the subscription. During this time, all platform benefits are available to the SUBSCRIBER, and it will be their sole responsibility to use and take advantage of the contracted time on the platform and the progress in setting up their website.
The SUBSCRIBER agrees that at the end of the time contracted in the subscription, whether monthly or annually, it will be automatically renewed, except in those cases where the user notifies their desire not to renew at least 48 hours before their billing date.
The SUBSCRIBER agrees that once the subscription charge, whether monthly or annually, has been made, NO REFUNDS WILL BE MADE, and the system will be available until the contracted time has elapsed. This policy applies in all cases except those associated with incorrect charges for the subscription.
The SUBSCRIBER agrees that the TAGCRUSH platform has been designed so that the user has a simple interface to manage and customize their website to their liking. The customer service will be available to help, guide, and assist the user in the process of becoming familiar with their control panel and to resolve any questions that may arise.
The SUBSCRIBER agrees that the customer service will not in any way manage the content of the SUBSCRIBER's website, as this content is personal and in line with the SUBSCRIBER's preferences. Likewise, it will be the sole responsibility of the user to manage the content of their website.
The SUBSCRIBER agrees that TAGCRUSH reserves the right to review, update, and/or change the price of its services in consideration of the fluctuations in the economy of each country in which it offers its services. Any price changes will be notified in the informative links located in the footer of our page www.TAGCRUSH.com.
Membership/Subscription Termination
The Subscriber acknowledges that their subscription with us is effective until either the Subscriber or we terminate it. The Subscriber's rights under these Terms and Conditions will terminate without notice from us if the Subscriber fails to comply with any of the terms of these Terms and Conditions. Upon termination, the Subscriber will cease to represent themselves as a registered Member or Customer. They shall delete or destroy any information or content (including all copies) obtained from our website.
Divisibility and Survival
The Subscriber agrees that if any part of this Agreement is deemed invalid or unenforceable, that part will be interpreted in accordance with applicable law and the remaining provisions will remain in full force and effect. To the extent that any content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive the termination of this Agreement.
Changes to Our Terms and Conditions
The Subscriber agrees that we reserve the right to change these Terms and Conditions at any time by providing advance notice of the changes on our website. For clarity, no unilateral amendment will retroactively change any agreed dispute resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for disputes at that time, unless the parties expressly agree otherwise. The Subscriber's continued use of our website, services, and products after any changes to these Terms and Conditions and their notification will constitute their acceptance of such changes. If the Subscriber does not agree to the changes to these Terms and Conditions, they may choose to discontinue their use of our website, services, and products.
TAGCRUSH LLC is a specialized company in Digital Marketing for Real Estate Agents.
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