TAD Software Terms of Service
- I understand and agree that TAD Software, LLC is a software for service company with a web based software designed to manage and organize my A&D Record Book online and that all data, customer information and any other information entered into the software will be kept on servers maintained by TAD Software, LLC or contracted third parties to TAD Software, LLC.
- TAD Software, LLC exists solely within the County of Maricopa in the State of Arizona. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of TAD Software, LLC occurs solely within the County of Maricopa in the State of Arizona, and that all content and services shall be deemed to be served from, and performed wholly within, Maricopa, Arizona, as if I had physically traveled there to obtain such service. I agree that Arizona law shall govern any disputes arising from my use of this website. Disputes shall be resolved through binding arbitration or small claims court as described in the TAD Software, LLC Arbitration Agreement, contained in Paragraph 10 of these Terms of Service.
- I UNDERSTAND THAT THE TAD SOFTWARE, LLC REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND GRAMMAR, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I ALSO AGREE THAT ALL SUCH INFORMATION PROVIDED BY ME OR ANY OF MY COMPANY’S EMPLOYEES, AFFILIATES, OR PARTNERS, IS THE SOLE OWNERSHIP OF TAD SOFTWARE, LLC AND THAT TAD SOFTWARE, LLC RETAINS ALL RIGHTS TO SAID INFORMATION.
- Limitation of Liability and Indemnification. I WILL HOLD TAD SOFTWARE, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF TAD SOFTWARE, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF TAD SOFTWARE, LLC, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE TAD SOFTWARE, LLC ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 11 OF THESE TERMS OF SERVICE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF ARIZONA BUSINESS AND PROFESSIONS CODE TITLE 32.
- Abandoned Orders. My purchase allows me to create my own A&D Record. I understand that, other than as required by applicable law, I shall have no right to AZncel, request a cash refund or obtain store credit for any undelivered order after 120 days have elapsed from the purchase date unless TAD Software, LLC is at fault. All itemization of fees are displayed for convenience only. Delivered orders shall be governed by the TAD Software, LLC Satisfaction Guarantee. Both parties acknowledge that TAD Software, LLC is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to TAD Software, LLC for reimbursement of our commitment to service this order.
- I understand that I may request an exchange of one product for a different product and complete a replacement order within 60 days of my purchase. The purchase price of the original item, less any filing fees, taxes or other third-party costs, will be credited to my TAD Software, LLC account. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 60 days of purchase, the full original purchase price (in each case less any filing fees, taxes or other third-party costs) will be credited to my original form of payment. If I paid for my original order by check, I understand that TAD Software, LLC will mail a check for the applicable amount to my billing address.
- DISPUTE RESOLUTION BY BINDING ARBITRATION.Please read this carefully. It affects your rights.Summary:Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (602) 883-8550. In the unlikely event that the TAD Software, LLC Customer Care Center is unable to resolve your complaint to your satisfaction (or if TAD Software, LLC has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, TAD Software, LLC will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from TAD Software, LLC to the same extent or more as you would in court.Under certain circumstances (as explained below), TAD Software, LLC will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what TAD Software, LLC offered you to settle the dispute.
(a) TAD Software, LLC and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “TAD Software, LLC,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and TAD Software, LLC are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to TAD Software, LLC should be addressed to: Notice of Dispute, General Counsel, TAD Software, LLC., 18830 E Swan Dr. Ste 100, Queen Creek, AZ. 85142 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If TAD Software, LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TAD Software, LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TAD Software, LLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TAD Software, LLC is entitled.
You may download or copy a form Notice from http://www.TADsoftware.com/arbitration-forms.pdf.
You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/aaa/faces/home?_afrLoop=2240509044498788&_afrWindowMode=0&_afrWindowId=zuyzh4uor_48#%40%3F_afrWindowId%3Dzuyzh4uor_48%26_afrLoop%3D2240509044498788%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dzuyzh4uor_96.
(c) After TAD Software, LLC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, TAD Software, LLC will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to TAD Software, LLC, at http://www.TADsoftware.com/arbitration-information.pdf.) The arbitrator is bound by these Terms. Unless TAD Software, LLC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving TAD Software, LLC. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which TAD Software, LLC was a party. Except as otherwise provided for herein, TAD Software, LLC will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse TAD Software, LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of TAD Software, LLC’s last written settlement offer made before an arbitrator was selected, then TAD Software, LLC will:
- pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s fees”).
If TAD Software, LLC did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws TAD Software, LLC may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration, TAD Software, LLC will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND TAD SOFTWARE, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and TAD Software, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
(h) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforce ability, or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is sever-able from the rest of the arbitration agreement.
- Installment Plan.
(a) Qualification. The TAD Software, LLC Installment Plan (the “Installment Plan”) is available as a purchase option for certain TAD Software, LLC products priced at $800 or more.
(b) Billing. By opting into the Installment Plan, I am agreeing to make an initial payment (the “Initial Installment Payment”) immediately when I place my order. I hereby authorize TAD Software, LLC to charge my credit card for two additional installments on approximately, but not before, the first and second month anniversaries (each an “Installment Billing Date”) of the Initial Installment Payment. If my purchase date is on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will fall on the last day of the month. Each payment will be of the same amount, except that if the total purchase price does not divide evenly into three parts, my final installment payment will include all outstanding amounts. I understand that I may pay my outstanding balance at any time without incurring additional charges. Furthermore, I agree to pay any recurring billing charges that occur as a result of signing up for a monthly subscription to TAD Software, LLC’s products.
(c) Default. If my credit card is declined, I agree that TAD Software, LLC may make up to five attempts to bill that card over a 30 day period. If I remain in default on the second payment when the third payment is due, I authorize TAD Software, LLC to charge both the second and third payment amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that TAD Software, LLC may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that TAD Software, LLC may restrict my ability to purchase other TAD Software, LLC products if I am delinquent on any payment. I understand that TAD Software, LLC may make efforts to collect a delinquent payment. I understand that if I believe TAD Software, LLC has reported inaccurate information to a consumer reporting agency, I may call the TAD Software, LLC Customer care Center at (602) 883-8550 and TAD Software, LLC will investigate the matter. I understand that TAD Software, LLC may accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
(d) Store Credit. I understand that if I have a TAD Software, LLC store credit, the amount of that store credit will be deducted from my total purchase price before installment payment amounts are calculated. Store credit will not count against the $800 minimum purchase price per product. If I want to apply a store credit issued after my enrollment in the Installment Plan, I may do so by calling the TAD Software, LLC Customer care Center at (602) 883-8550.
(e) Notice of Automatic Billing. TAD Software, LLC may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and TAD Software, LLC is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of TAD Software, LLC to send the email does not create any liability on the part of TAD Software, LLC or any third-party service provider.
(f) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call the TAD Software, LLC Customer care Center immediately at (602) 883-8550 and TAD Software, LLC will investigate the matter.
(g) Account Information. I agree to notify TAD Software, LLC immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is canceled for any reason. I understand that if my failure to provide TAD Software, LLC with accurate, complete, and current information results in delinquent payments, TAD Software, LLC may restrict my ability to purchase other TAD Software, LLC products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
- Filing Fees. Except as otherwise noted, filing and recording fees include all mandatory or applicable federal, state, county and local administrative fees and may also include publishing, name check, handling and TAD Software, LLC or third party processing fees.
- I understand that TAD Software, LLC uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address I designate. If I select overnight delivery or two-day delivery, I agree that TAD Software, LLC may use air or ground shipping as necessary to get my items to me within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by TAD Software, LLC to the carrier chosen for the delivery of my order. It may include, in addition to the fees paid to the carrier, TAD Software, LLC or third party handling and processing fees.
- Access to World Wide Web; Internet Delays. To use TAD Software, LLC services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain TAD Software, LLC services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that TAD Software, LLC is not responsible for delays, delivery failures, or other damage resulting from such problems.
- Force Majeure. TAD Software, LLC shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, TAD Software, LLC may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
- Right to refuse. I acknowledge that TAD Software, LLC reserves the right to refuse service to anyone.
- I acknowledge that I have had the opportunity to view sample software of TAD Software, LLC and may call TAD Software, LLC Customer care at (602) 883-8550 with questions or for assistance locating or setting up free demonstrations.
- By proceeding with my purchase, I agree to these Terms of Service.