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Terms of Service

Please read these terms and conditions carefully before using Our Service.

Welcome to Tap! These Terms of Service, together with our Privacy Policy, form an agreement (the “Agreement’) between Stakehold, Inc. and our affiliates(“Tap”, “we”, “us” and/or “our”), on the one hand, and anyone who uses our website, usetap.com (the “Site”); accesses our products and services (together with the Site, the “Services”); uses or evaluates our Site and/or Services; and otherwise engages in business with Tap(collectively, “Users,” “you,” and/or “your”), on the other hand.

In conjunction with the Privacy Policy, theseTerms of Service govern your use of the Services, and by proceeding asa User, you agree to be bound by them.Please read these documents carefully. If any aspect of this Privacy Policy or the Terms of Service is unacceptable to you, please do not use the Services.

Account Registration

To access the Site and many other components of the Services, you will need to register for an account (the “User Account’). By registering for a User Account, you certify that: (i) you are at least 18 years of age; (ii) any information you provide to us will be true, accurate, current, and complete; and (iii) you are registering the account solely for yourself.
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When you create a User Account, you will generate an associated password. You must keep this password confidential and avoid sharing it with any third parties and/or letting anyone else use the Services under your User Account. You must notify us immediately if the password is lost or stolen or if you otherwise suspect unauthorized use of your User Account. You are responsible for all activities that occur under your User Account.
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By creating a User Account, you authorize us to create and maintain a User Account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy as part of providing our Services. By registering, you also specifically consent to let us request and receive your consumer report data and other data about you from third parties to include in your User Account as follows:
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I understand that I am providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for Tap or its affiliated companies to request and receive copies of consumer reports, scores and other information about me from third parties, including, but not limited to Experian. I understand that my instructions let Tap and affiliated companies obtain such information at any time for as long as I have a registered Tap User Account to use as described in the Terms of Service and Privacy Policy.

Permitted Use

Subject to your continued compliance with the Terms of Service and Privacy Policy, we grant you, for the duration of your access and use, a worldwide, limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable right and license to access and use our Services (the “User License”).

In connection with the User License, you agree that you will: (i) always provide accurate information to us, including your real name, and keep it updated; (ii) use the Services solely for non-commercial use; (iii) use the Services in a professional manner; and (iv) always comply with any applicable court orders or local, state, provincial, national, international, or other laws and regulatory requirements, including, without limitation, laws and regulations relating to privacy, intellectual property, anti-spam, finance, securities, taxation, international trade, and export control.

Prohibited Use

In connection with the User License, you further agree that you will not and, directly or indirectly, will not permit or cause any other person or entity to, attempt to or successfully:

  • Gain unauthorized access to any part of the Services or to any Tap computer systems or networks;
  • Circumvent, disable, or otherwise interfere with security-related or authentication features of the Services or any Tap computer systems or networks;
  • Probe, scan, or test the vulnerability of any Tap system or network;
  • Decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services;
  • Infringe or misappropriate the rights of any person or entity, including their intellectual property, privacy, publicity, or other proprietary or contractual rights;
  • Interfere with, damage, or violate the security or integrity of, or place an unreasonable load on any part of the Services, our infrastructure or systems, or any network, computer, or communications system, software application, or network or computing device, including through the use of viruses, bots, Trojan horses, harmful code, ping floods, denial-of-service attacks, packet or IP spoofing, forged routing or email address information, circumvention or modification of any access keys or other security mechanism employed by us or our Services, or similar methods or technology;
  • Use scripts, bots, spiders, or other automated mechanisms to collect information, “scrape,” or otherwise interact with the Services without our express prior written permission;
  • Collect or store personal information about other Users without their express permission;
  • Use or interact with the Services in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or in a manner that would damage, disparage, or negatively affect us or our licensors, licensees, or partners;
  • Copy, reproduce, rent, lease, sell, transfer, assign, sublicense, modify, publish, distribute, display, prepare derivative works of, reverse engineer, disassemble, or decompile any portion of the Services, including any corresponding source code, without prior written consent from us or the respective owner of the corresponding material;
  • Violate the Terms of Service or any other rule or agreement applicable to your or Tap’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
  • Solicit any User for any investment or other commercial or promotional transaction;
  • Copy or use the information, content, or data provided through the Services in connection with a competitive service (as determined by Tap);
  • Monitor the availability, performance, or functionality of the Services for any competitive purpose; or
  • Use the Services in any other manner not permitted by the Agreement.

Licenses to Us

By using the Services, you may provide us with information or content that may be used by us in connection with the Services and which may be visible to third parties (“User Information”). You understand that by providing User Information to us in connection with your access to or use of the Services, you hereby grant to us a non-exclusive, unrestricted, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and license to use, including to modify, reproduce, distribute, create derivative works from, reformat, translate, display, perform, transmit, process, and otherwise use, in any manner and for any purpose, and in all forms or distribution methods now known or later developed, your User Information, in whole or in part, to provide, optimize, improve, and promote or market our Services, and to create new products and services.

In the course of using the Services, you may also provide us with account credentials for accessing and/or receiving data from a specified data site, service, or other source of information maintained by you or a third party (“Data Source”). By providing these credentials, you hereby expressly grant us authority and permission to access the corresponding Data Sources and retrieve your data maintained by such Data Sources, permission to store such credentials and use them to retrieve such data, and rights to store and use data we retrieve from the Data Sources.
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You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to store the data from the Data Sources in our systems in order to create summaries and/or reports; offer, provide, maintain, and/or improve the Services; and conduct research and analytics. Except as described herein, your data from the Data Sources will not be provided to any third party without your consent, unless we conclude that it is required for legal compliance or protection, or otherwise as described in the Privacy Policy.
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The Services may also include information or content that is available or accessible to us from a variety of public websites, mobile apps, and other products or services. You authorize us to access your information from  publicly accessible websites, mobile apps, and other products and services, and collect, store, and use information and content available therein in connection with our business, including to improve the Services and create other products and services.

Disclaimers

YOUR USE OF THE SITE AND THE SERVICES, AND THE PERSONAL INFORMATION YOU PROVIDE, IS AT YOUR SOLE DISCRETION AND RISK. WE PROVIDE THE SERVICES, CONTENT, MATERIALS, AND INFORMATION AVAILABLE THROUGH OUR SERVICES ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, TAP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, RELATING TO OUR SERVICES, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTY ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE, AND INCLUDING ANY WARRANTY REGARDING THE AVAILABILITY OF THE SERVICES, INCLUDING THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.ANY ANALYSIS, ESTIMATES, ADVICE, GUIDANCE, OR OTHER INFORMATION THAT WE PROVIDE AS PART OF OUR SERVICES ARE FOR ILLUSTRATIVE AND/OR INFORMATION PURPOSES ONLY AND ARE BASED ON CERTAIN ASSUMPTIONS AND USE ONLY THE DATA WE HAVE. NO ANALYSIS, ESTIMATES, ADVICE, GUIDANCE, OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, THAT WE PROVIDE OR THAT IS OTHERWISE OBTAINED BY YOU THROUGH OUR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOUR USE OF OUR SERVICES AND USE OR ACCESS OF ANY CONTENT AVAILABLE THROUGH OUR SERVICES IS SOLELY AT YOUR OWN DISCRETION AND RISK. NOTABLY, WE DO NOT PROVIDE TAX, INVESTMENT, OR OTHER FINANCIAL PLANNING ADVICE, AND USERS ARE ENCOURAGED TO CONSULT WITH PROFESSIONAL FINANCIAL ADVISORS.

YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER MEMBER OR THIRD PARTY, AND YOUR USE OF ANY CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY CONTENT AVAILABLE THROUGH OUR SERVICES.YOU AGREE THAT YOU ARE NOT RELYING ON OUR DELIVERY OF ANY FUTURE FUNCTIONALITY, OR ON ANY OF OUR ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING IN YOUR USE OF THE SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES PROVIDED HEREUNDER RELY ON AND/OR ARE BASED ON INFORMATION, CONTENT, MATERIALS, AND SERVICES OBTAINED THROUGH A VARIETY OF METHODOLOGIES FROM THIRD-PARTY SOURCES THAT ARE NOT AFFILIATED WITH OR CONTROLLED BY US, INCLUDING CREDIT REPORTING AGENCIES, FINANCIAL INSTITUTIONS, AND OTHER INFORMATION PROVIDERS, AND ACCORDINGLY, WE CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AS TO, AND HEREBY DISCLAIM ANY AND ALL LIABILITY ARISING OUT OF OR ASSOCIATED WITH THE ACCURACY, ADEQUACY, SUFFICIENCY, COMPLETENESS, CURRENCY, PROVENANCE, RIGHTS, OR OTHER ATTRIBUTES OF SUCH SERVICES AND CONTENT, OR OUR COLLECTION AND PROCESSING THEREOF. YOU EXPRESSLY ACKNOWLEDGE THAT WE DISCLAIM ANY LIABILITY FOR DAMAGES INCURRED BY YOU AS A RESULT OF SANCTIONS OR PENALTIES IMPOSED BY THIRD PARTIES BECAUSE OF YOUR ACCESS TO OR USE OF OUR SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TAP OR ANY OF ITS REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, CONTRACTORS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, OR ANY OTHER INTANGIBLE LOSS) INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES, ANY CONTENT, OR ANY THIRD-PARTY MATERIALS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES OR FOR ANY FINANCIAL DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OUR POLICIES, AND/OR THE ACCESS TO OR USE OF (OR ANY INABILITY TO ACCESS OR USE) ANY FEATURE OF THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $100. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO ANY ACTS, OMISSIONS, OR DECISIONS MADE OR UNDERTAKEN (OR NOT MADE OR UNDERTAKEN) BY YOU OR ANY OF YOUR AFFILIATES OR THIRD PARTIES WITH WHOM YOU SHARE THE SERVICES OR CONTENT, WHETHER PERMITTED OR NOT, ARISING OUT OF OR IN CONNECTION WITH SUCH PARTIES’ USE OF THE SERVICES AND CONTENT.

Indemnification

You agree to indemnify, defend, and hold harmless Tap and all of its agents, officers, directors, contractors, and employees to the fullest extent permitted by law, against any claim, action, demand, loss, liability, damage, cost, or expense (including legal fees) arising from or relating to: (i) your use of our Services; (ii) your breach or alleged breach of the Agreement or any applicable law; (iii) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; (iv) or any dispute between you and any third party.
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You must not settle any such claim or matter without the prior written consent of Tap, and Tap reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without reducing your indemnification obligations concerning that matter), and you further agree that you will cooperate fully in the defense of any such claims.

Intellectual Property

All content and materials, including but not limited to images, text, visual interfaces, information, data, estimates, reports, analyses, and computer code, provided by us through our Services (the “Content”) and all related intellectual property rights are the property of Tap and/or its third-party licensors. Our Content is protected by U.S. and international intellectual property laws and treaties, and we hereby reserve all our rights, title, and interest (including all intellectual property rights) in and to the Services and Content, except as expressly provided herein. Nothing in the Agreement or our Services grants you any license or right to use our Content, except as expressly stated in the Agreement. You may not use any of our trademarks (including our brands and logos) or any links to our Sites in any way without our express permission.Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by third parties. Nothing in the Agreement or our Services grants you any license or right to use any of these third parties’ intellectual property.

You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content infringes your copyrights, you may send a notice of infringement under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to Legal Department, 67 WEST STREET SUITE 401, BROOKLYN, NY 11222. To find out more about what you must include in the notice and about the procedures we will follow, you can find the text of the DMCA here: https://www.govinfo.gov/content/pkg/USCODE-2015-title17/html/USCODE-2015-title17-chap5-sec512.htm

Term and Termination

The Agreement is effective from the moment you first register for a User Account or begin using any of our Services, whichever occurs earlier. The Agreement is effective until your User Account is terminated and you cease all use of our Services. Additionally, we may, in our sole discretion, terminate all or part of this Agreement at any time, for any reason, without notice, and with no liability arising from such termination to you or any third party. In the event of termination, your obligations under any section of the Agreement that by its nature are intended to survive termination of the Agreement will so survive.

We may also modify in any way, suspend, or cease providing the Services, or limit, suspend, or terminate your access to any part of the Services at any time in our sole discretion without notice or liability to you or any third party.
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If you decide you wish to terminate your account, you may do so by emailing us at team@usetap.com.

Electronic Communications and Contracting

By assenting to these Terms of Service, you agree that a printed version of these Terms of Service and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Specifically, you agree to receive and/or obtain such communications (collectively, “Communications”) from Tap in electronic form, rather than in paper form, and to the use of electronic signatures in our relationship with you. The term “Communications” includes, but is not limited to, documents, agreements, terms, data, records, and any other communications regarding your relationship to Tap, including Form CRS or any other notices, summaries, forms, disclosures, or documents required by law, rule, or regulation.

You represent that you have the appropriate personal computer or other electronic device, software, and internet connection to enable you to retain, if you so choose, any Communications that Tap sends in electronic form for your records. If you have the legal right under any federal and/or state laws or regulations to receive a document in paper form, you may withdraw your consent to receiving that document in electronic form by contacting Tap at team@usetap.com.  A withdrawal of your consent to receive such document in electronic form will be effective only after we have had reasonable time to process your request.

Other Contract Terms

Entire Agreement

The terms of the Agreement, including the Privacy Policy, constitute the entire agreement between you and us in connection with your use of our Services and supersedes any prior or contemporaneous communications and proposals, whether oral, written, or electronic. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect, and enforceable.

Waiver

Our failure to enforce any of our rights or act with respect to a breach by you or others of any part of the Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by us of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Tap.

Governing Law and Dispute Resolution

The Agreement and all matters arising out of or relating to it shall be construed and enforced exclusively in accordance with New York law, without regard to choice of law provisions. Any dispute, claim, or controversy arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and shall take place in New York, New York. Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain in perpetuity the confidential nature of the arbitration proceeding (including the hearing) and award, unless otherwise required by law or judicial decision. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

Class Action Waiver

You agree that any claims brought by you against us shall be brought solely in an individual capacity and not as a plaintiff or class member of a purported class or representative proceeding.

You further agree that the arbitrator may not join the proceeding between us with any other and may not otherwise consolidate claims or preside over any form of a representative or class proceeding.

Assignment

We may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our express written consent.

Modification

We may modify the Agreement at any time at our sole discretion and will post modifications to the Terms of Service on this page. You acknowledge and agree that your access to and use of the Services after we publicly post or otherwise make available to you a modified version of the Agreement will constitute your acceptance of the modified Agreement.

Questions and Contacting Us

That’s it! These are the complete Terms of Service for our Services. If you have any questions about the Agreement, the Services, or Tap generally, please contact us by email at team@usetap.com by phone at (415) 302-2481, or via physical mail at:
Stakehold, Inc.
67 WEST STREET SUITE 401
BROOKLYN, NY 11222