Terms of Use

TERMS OF USE

 
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY SERVICES.
 
This document details the terms of a legal agreement (the “Terms of Use”) between you and TallGrass Capital, LP, a Limited Partnership(the “Company”). By accessing the Company’s websites, mobile applications or services (the “Services”) you acknowledge that you have read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of the Services, to the use of the Internet, and to the activities involved in using the Services. If you do not agree with the Terms of Use, then do not use the Services.
 
Venue and Jurisdiction:
 
Claims arising from or related to the Services, to the use of the Services, and to the information, content, material, and services available through the Services are governed by the laws of the State of Ohio and the Services are deemed to be provided only in Ohio. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in Ohio with respect to any claims arising from or related to the Services, your use of the Services and any information received through the Services. You agree not to plead forum non conveniens in any such action. You consent to service of process.
 
Privacy:
 
To know what privacy measures the Company has taken and what information we retain from your use of the Services, please read our Privacy Policy which is incorporated herein by reference.
 
Change of Terms:
 
The Company may amend the Terms of Use without notice, provided that it will notify you on its website or via e-mail of any changes it deems material in its sole discretion. Your continued use of the Services after the Terms of Use are changed indicates your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, then discontinue your use of the Services.
 
Alteration of Services:
 
The Company may change, suspend or discontinue any feature, aspect, product or service available through the Services at any time. The Company may alter the availability of any feature of the Services or service related to any feature of the Services at any time. The Company may add, remove or modify any content of the Services, including that of third parties, at any time.
 
Limitation on Usage:
 
The Company may limit your access to any part of the Services without notice to you. The Company may terminate your use of the Services at any time.
 
Visitor On-line Conduct: 
 
You agree to use the Services only for lawful purposes.
 
You agree to use the Services only for their intended purposes.
 
You agree not to disrupt the Services.
 
You agree not to interfere with or compromise the security of the Services, or any computer, server, account, network, data, software and/or hardware associated with the Services.
 
You agree not to disrupt or interfere with any other visitor’s use of the Services.
 
You agree not to attempt to obtain access to any portion of the Services, any computer, server, account, network, software and/or hardware associated with the Services, from which you are restricted.
 
You agree that you are solely responsible for any actions you undertake while using the Services and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to the Services and the Internet, including United States copyright law and export regulations.
 
You warrant that all information you provide to gain access to the services provided by the Services is accurate and truthful.
 
The Company reserves the right to prohibit any conduct involving the Services that it deems to be inappropriate or illegal.
 
Links to and from Other Web Pages:
 
You may gain access to other websites via links on or throughthe Services. These Terms of Use apply to the Services and do not apply to other parties’ websites. Similarly, you may have come to the Services via a link from another website. The terms of use of other websites do not apply to the Services. Only these Terms of Use apply to the Services. The Company assumes no responsibility for any terms of use or material outside the Services accessed via any link.
 
Links to third party websites or information are not intended, and should not be interpreted by readers, as constituting or implying the Company’s endorsement, sponsorship or recommendation of the third party information, or products or services found there.
 
Copyright, Trademark and Intellectual Property:
 
All information, content and material made available by the Company through the Services, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Services or any component or element of the Services (collectively, the “Content”) is owned by or licensed to the Company.  The compilation of the Content on the Services is the exclusive property of the Company and its licensors and is protected by U.S. and international copyright law.
 
The Company and its licensors retain all rights in, and are the sole owners of, the Content of the Services. The Content may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.   You do not receive any ownership rights with respect to the Services.
 
The Company grants you permission to display and print the Content of the Services (other than the computer code comprising the Services) for your personal, non-commercial use only; provided, that, even if you display or print the Content of the Services as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.
 
The rights granted herein terminate automatically if you breach these Terms of Use. Upon termination of these rights, you must immediately destroy any Content you displayed or printed and you must cease using the Services.
 
The trademarks, trade names, service marks, and other marks displayed on or through the Services are owned solely by the Company and its licensors and may not be used, copied or imitated without the prior written consent of the Company.
 
Ownership of Third Party Content:
 
The Company may display Content supplied by visitors and other third parties on its website. The Company maintains no editorial control over such Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.
 
THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
 
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
 
WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM TO PROPERTY OR PERSON CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE SERVICES THAT IS THE PROPERTY OF VISITORS OR THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES.
 
Disclaimers:
 
THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THE SERVICES, THE CONTENT, AND INFORMATION AVAILABLE ON OR THROUGH THE SERVICES.
 
YOU AGREE THAT YOUR USE OF THE SERVICES, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
 
WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.
 
WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES ARE ACCURATE, RELIABLE, OR CURRENT.
 
THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.
 
Limitation of Liability:
 
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE SERVICES SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THE SERVICES. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY FOR ALL DAMAGES TO YOU UNDER THESE TERMS OF USE EXCEED THE AMOUNT OF FIVE DOLLARS. The foregoing limitations will apply even if the above remedy fails of its essential purpose.
 
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, THE COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
 
No Joint Venture:
 
This Terms of Use provides only for the use of the Services. This Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement.
 
Indemnity:
 
You agree to indemnify, defend and hold harmless the Company and its officers, shareholders, directors, employees, agents, representatives, affiliates, successors and assigns from and against, any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses”) that the Company incurs or may incur arising from, resulting from, or arising in connection with:  (i) your breach of these Terms of Use; (ii) your use of the Services or your use of the Content; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred by the Company in connection with your use of the Services (including loss of data) or Content or other information available by or through your use of the Services or Content (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); and (iv) your acts and omissions in connection with your use of the Services or Content. You also agree to indemnify, defend and hold harmless the Company from and against any Losses that the Company incurs or may incur arising from, resulting from, or arising in connection with your providing to the Company inaccurate or untruthful information via the Services whether to gain access to the products or services provided through the Services or otherwise.
 
Severability:
 
If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.
 
Integration Clause:
 
You hereby acknowledge that these Terms of Use, the Privacy Policy and all other documents referenced herein represent the entire agreement between you and the Company concerning your use of the Services, the Content, and all other information and services available on the Services.
 
Headings of the Terms of Use:
 
The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.
 
Acceptance of the Terms of Use:
 
By using the Services, you agree to the terms as well as any posted changes of these Terms of Use.  If you do not agree to these Terms of Use, DO NOT use the Services.
 
 
Date of last update: 2.1.2015