Tavern Technologies — Terms of Service

Your Use of the Services and Site.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. If you are caught reselling your proxy plan, your plans and account may be disabled without any refund. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Loyalty Program. The Services may include membership to Tavern’s affinity/loyalty points program (presently known as “Tavern Tokens”). A Tavern Token has no monetary value, users cannot purchase, buy, or trade these loyalty points, and are not refundable nor replaceable. Tavern Tokens points may be surrendered for discount certificates only (e.g., a certain discount percentage taken off a subsequent purchase of Services). Except where required by law or provided in the loyalty program rules, Tavern Tokens have no cash value. In certain jurisdictions, where required by law, Tavern Tokens points will be deemed to have a cash value not to exceed one twentieth of a cent.

Denial of Usage. We reserve the right to deny usage to any sites. We may deny usage of the proxies during paid time usage if we determine in our sole judgement, that such denial is warranted to protect us from liability or other reasonable justification. Under no circumstances do we tolerate fraudulent chargebacks. All fees are non-refundable, and in the event you attempt to claim a charge back, we reserve the right to cancel the proxies purchased for the duration of the payment cycle. In addition, if you violate these Terms (including using any purchased proxy for spamming or other malicious use (including creating low refresh rates for sites)), we reserve the right to suspend such users and cancel any purchased Services without refund.

We will not treat information that you post to areas of this Site that are viewable by others (for example, to a blog, forum or chatroom) as proprietary, private, or confidential. We have no obligation to monitor posts to this Site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgement, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability or that is in violation of any applicable law or regulation is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure, or confidentiality agreements, or other proprietary rights.

We, in our sole discretion and without notice, reserve the right, but undertake no obligation, to review, edit, remove, or delete any material submitted as a comment to blog, forum, or chatroom provided for display or placed on this Site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing, or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; and promotions for commercial products or services.

By submitting a comment for posting, you agree that we are not responsible, and will have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive, or illicit material, even material that violates these Terms.

Services are Provided “As-Is”.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Proxy Services are only intended to work on the sites listed in their descriptions at the time of purchase. All Proxies will last for a limited period of time (depending on the Service plan you order), and after said period of time, the applicable prox(ies) will not work.

Ordering and Refunds.

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For any automatically renewing Service plans purchased on the Site, it is your responsibility to cancel the recurring payment plan (renewal periods are described in the applicable Service’s order page).

NO REFUNDS. All sales are final. All services listed are digital services. Delivery of the digital service is completed on proof of submission of the order to you via email. THERE ARE NO REFUNDS OR RETURNS.

Links to Third Party Services and Products.

The Service may contain links to third-party web sites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Tavern is not acting as an agent in any capacity for any such third-party. As such, you acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Contests, Sweepstakes and Promotions; User Feedback and Comments.

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. The terms and conditions of any other “Promotion” are independent of these Terms.

If you send certain specific submissions (for example Promotion entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. You hereby assigns to us your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to our products or services which you may propose or make or which we may jointly make (“Feedback”). To the extent such rights cannot be assigned, you hereby waive such rights as to us, our customers and business partners.

Prohibited Conduct.

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site, Services or content thereon: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or State regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the proprietary rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Further, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s proprietary rights or intellectual property or these Terms.

Warranties; Consequential Damages Waiver; Limitation of Liability; No Class Actions.

The Services are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will Tavern, our affiliates and our and their directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Services, even if we have been advised of the possibility of such damages. Our, including our affiliates, officers, directors, employees, agents and suppliers collectively, aggregate liability arising out of or relating to these Terms or the Services will not exceed $10. This limit of liability for products is cumulative and not per-incident (i.e., the existence of two or more claims will not enlarge this limit).. Because some States or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such States or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

Indemnification.

You agree to indemnify, defend and hold harmless us and our subsidiaries, affiliates, and our and their partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach or attempted breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of any third-party.

Miscellaneous.

Severability. In the event any provision hereof, or the application thereof in any circumstances, is held to be invalid, illegal or unenforceable by a final or unappealable order, decree or judgment of any court, the provision in question shall be deemed replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision within the jurisdiction of such court and these Terms shall otherwise remain in full force and effect in such jurisdiction and in its entirety in other jurisdictions.

Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by confidential arbitration under the rules of the American Arbitration Association (AAA) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. Arbitration will take place in Essex County, New Jersey, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of New York, USA to all issues in dispute. The controversy 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 findings of the arbitrator will be confidential, final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Governing Law, No Waiver, Entire Agreement. These Terms shall be governed and construed in accordance with the laws of State of New York, without regard to its conflict of law provisions. The courts of Essex County the State of New Jersey, USA and the nearest U.S. District Court in the State of New Jersey will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms and our Privacy Policy constitute the entire agreement between us regarding the Services and the Site and supersede and replace any prior agreements we might have between us regarding the Services and/or Site.

Communications Decency Act Notice. The Site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this Site by third parties is limited as described therein. We are not responsible for content or any other information posted to this Site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigation or verifying the accuracy of any content or any other information contained in such postings.

Ownership. The material provided on this Site is protect by law, including, but not limited to, United States copyright law and international treatises. The copyrights and other intellectual property in the content of this Site are owned by us and/or others with permitted use by us. Except for the limited rights granted herein, all other rights are reserved to Tavern.

DMCA Notice. This Site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA). As required by the DMCA, this Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement).

Tavern Technologies LLC
Attn: Copyright Violation Department
Phone: (201) 228-0135
Email: contact@tavern.ai

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable the access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (1) Description of the copyrights work that is the subject of claimed infringement; (2) Description of the infringing material and information sufficient to permit us to locate the alleged material; (3) Contact information for you, including your address, telephone number and/or email address; (4) A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) A physical or electronic signature of the copyright owner or a person authorized to act on the copy right owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Contact Us. If you have any questions about your account or these Terms, please contact us at contact@tavern.ai or call us at (201) 228-0135.

Last Updated: November 23rd, 2021