Terrible Solutions, LLC
Terms of Service
1. Right to Use
Your use of the Terrible Solutions Services is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion. At a baseline level, you agree that you:
- Are at least 18 years of age or older;
- Will comply with these Terms of Service;
- Will provide accurate information when using our Services;
- Are solely responsible for any information you provide, including but not limited to, your name, email address, banking information, credit card information, and other such content;
- Represent that you are the owner of all of the information you provide and/or will submit accurate information to the best of your knowledge, or you have the necessary permissions and/or consents to submit such information;
- Will not use this Service to spread malicious content, viruses, or to defame or malign anyone or any entity;
- Hereby affirm that Terrible Solutions has the right to determine whether any of your content submissions are appropriate and comply with these Terms of Service, and to remove any and/or all of your submissions without prior notice.
We may alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and aspects of the Services without notice or liability.
2. Availability of Services
Terrible Solutions has no control over the Internet and its connectivity, and that sometimes means that interruptions may occur. While Terrible Solutions takes every reasonable action to make sure that the Services remain fully functional and up to date, there may come a time where the Services are unavailable, for any reason or no reason, including for routine maintenance. Due to circumstances either in our control or not in our control, access to the Service may be interrupted, suspended, or terminated. Terrible Solutions retains the right, in its sole discretion, to deny access to part or all of the Service to anyone, at any time and for any reason.
3. Personal Accounts
We may attempt to verify your identity through certain secured means. If we cannot verify your identity, we may suspend or cancel your access to our Services.
You are solely responsible for all uses of your account (“Account”). You should treat all Account passwords, usernames, and the like as confidential and you should not disclose them to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. If you would like to report any such access or cancel your account, you may do so by sending an email to email.
4. Social Media Platforms
Terrible Solutions may allow connectivity through social media platforms such as Facebook® and Twitter®, and such platforms may enable sharing and collaboration between their registered user community. Any content or personal information you provide through those social media platforms are subject to terms and conditions and privacy policies of those platforms. You should refer to those terms and policies to determine your rights for that content.
5. Third-Party Sites and Links
From time to time, our Services may contain links to third-party websites or services. Terrible Solutions does not have any control over such third-party websites, their security, or that of other products you use to access the Services. Terrible Solutions is not, and cannot, be responsible for the content, privacy policies, or practices of such websites or the companies that own them. We may not be able to foresee or control any problems in the service provided by those third party service providers, and we cannot and do not assume any liability or responsibility for the timeliness, accuracy, or any failure to store or secure any user data or communications or personalized settings that you may have with those service providers. By using the Service, you expressly relieve us from any and all liability arising from your use of or communication with any third party that you may encounter as a result of the Services.
6. Electronic Communications and License
The communications between you and Terrible Solutions use electronic means. You hereby consent to receive communications from Terrible Solutions in an electronic form, and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Terrible Solutions provides to you electronically satisfy any legal requirement that such communications would satisfy as if it were in hard copy. The foregoing does not affect your non-waivable rights.
Terrible Solutions is available to you in a web application format, which you may access via computer or smart device. You understand that you may be required to install certain software or have Internet access in order for our Services to be available to you. You are responsible for these requirements and any charges required by your device’s service provider.
Subject to these Terms, Terrible Solutions grants you a personal, non-exclusive, non-transferable, non-sublicenseable, limited, revocable license to use the Services on the device(s) that you own and control. You agree that the Services will be used for personal purposes only.
7. Intellectual Property
You acknowledge that Terrible Solutions owns all rights, title, and interest (including patent rights, copyrights, trade secret rights, trademark rights, sui generis database rights, and all other intellectual property rights of any sort throughout the world) in its Services, in any and all versions, whether or not patentable, and any works of authorship, mask works, designations, designs, know-how, ideas, and information made or conceived, in whole or in part, through compilations of data created through the analyses of use of the Services (collectively, “Intellectual Property”). Such ownership shall include rights in any advertising materials, websites, and their reproductions, further versions, revisions, and/or derivative works of the Services. Any goodwill existing or springing from this Agreement, except for the intellectual property of your content or from other sites or companies that we do not own or operate, shall inure to the benefit of Terrible Solutions and/or its assignees only. Other product and company names that are provided as part of the Services may be trademarks or copyrights of their respective owners and Terrible Solutions does not claim to own any of such intellectual property. Except as may be expressly granted herein, Terrible Solutions grants you no right, license, title, or interest in or to any of our Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative works from Terrible Solutions’s Intellectual Property. Terrible Solutions reserves all rights not specifically granted.
8. Modification and Termination
Terrible Solutions may revise these Terms from time to time and in our sole discretion, without prior notice to you. All changes are effective immediately when we post them to the Services, and apply to all access and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You should revisit this page from time to time so that you are aware of any changes, as they are binding on you. If you do not agree to any changes we make to these terms, please discontinue use of the Services immediately. If changes are material, in our sole discretion, we will try to provide notice to you prior to such changes taking effect. Any modification by you will be void and shall have no effect. We may change or discontinue the Services at any time without prior notice, and we reserve the right to terminate this Agreement at our election and for any reason, without prior notice.
9. Disclaimer of No Professional Services or Advice
NEITHER Terrible Solutions, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS IS A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. NONE OF THE SERVICES PROVIDED THROUGH Terrible Solutions ARE INTENDED TO PROVIDE ANY FINANCIAL, TAX, OR LEGAL ADVICE. Certain advice or educational information that you may find or receive through Terrible Solutions may not be the right fit for your situation. We ask that you not rely solely on the information you receive through Terrible Solutions to make decisions, and we strongly suggest that you consult with other advisers or gather additional information pertaining to your particular circumstances before doing so.
10. Disclaimer of Warranties and No Guarantee
Terrible Solutions PROVIDES ITS SERVICES ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY OR ACCURACY OF CONTENT OR MATERIALS, INFORMATION, OR SERVICE, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Terrible Solutions EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. Terrible Solutions MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Terrible Solutions MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. WE CANNOT AND DO NOT GUARANTEE ANY CHANGE, POSITIVE OR OTHERWISE, IN YOUR FINANCIAL STATUS. WE DO NOT CONTROL ANY OF THE ENTITIES WE WORK WITH OTHER THAN THOSE THAT WE OWN AND OPERATE. SHOULD THE SERVICE, IN ALL OF ITS FORMS PROVIDED BY Terrible Solutions, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU; YOU, AND NOT Terrible Solutions, SHALL ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. USERS IN STATES OR JURISDICTIONS THAT DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. IN SUCH STATES OR JURISDICTIONS OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL Terrible Solutions, ITS AFFILIATES OR OTHER PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. IF, FOR ANY REASON, Terrible Solutions IS DETERMINED TO HAVE FINANCIAL LIABILITY TO YOU, THE TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT THAT YOU HAVE PAID US TO USE THE SERVICES, IF ANY.
11. Limitation of Liability / Indemnity
WE ARE NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY ARISE OUT OF OR RELATE TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOST REVENUES, LOST PROFITS, AFFECTED BUSINESS OR DATA, OR DAMAGES RESULTING FROM ANY VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE SOFTWARE OR MATERIALS, OR ANY INTERRUPTION OR SUSPENSION OF THE SERVICE, REGARDLESS OF THE CAUSE OF THE INTERRUPTION OR SUSPENSION. NOR ARE WE LIABLE FOR ANY NORMAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT DAMAGES AS A RESULT OF THE USE OF THE INFORMATION PROVIDED THROUGH THE SERVICE. Terrible Solutions may discontinue or change the service or its availability to you at any time, and you may stop using the service at any time. You agree to indemnify us, our officers, members, employees and agents, from any loss or damage, including, but without limitation to, reasonable attorneys’ fees both at trial and appellate levels, the expenses and costs which we may suffer from your activities on or use of the service, or as a result of the use of the information provided through the services, including without limitation any breach by you of this agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim. Terrible Solutions shall have the right to immediately terminate or suspend any of your passwords, accounts or subscriptions in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this agreement. Notwithstanding the above, these Terms of Service will survive termination of this agreement.
12. Jurisdiction/Disputes/Choice of Law
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New York, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of New York for resolution of all disputes. You hereby agree that the exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located in New York County, New York. In the event of a dispute between you and Terrible Solutions, each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.
14. Affirmation of Agreement; Survival.
Thank you for reading this Agreement thoroughly and carefully. You hereby acknowledge and affirm that you have read and agree to be bound by all of the Agreement’s terms and conditions by clicking where indicated on the registration page and/or using the Services.