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Terms & Conditions

BY CLICKING THE ACCEPTANCE BUTTON, THE USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

PURCHASE AGREEMENT TERMS AND CONDITIONS

Welcome to www.taproot.com.  If you purchase Software, Goods or Services from www.taproot.com, you, and those that you represent, accept the following Purchase Agreement Terms and Conditions (“Purchase Agreement”).  Please read them carefully.

By accepting these Terms and Conditions, Buyer represents and warrants that: (i) it has the authority, without limitation or qualification, to bind any and all persons, businesses, agencies, organizations, or entities that it represents in this transaction to the Terms and Conditions of this Purchase Agreement; and (ii) any individual or entity that receives access to any Software, Goods, Services or other benefits purchased or received pursuant to this purchase shall be made aware of and shall be bound by this Purchase Agreement, including all individuals attending TapRooT® courses.

DEFINITIONS

“Buyer” is defined collectively as any individual operating www.taproot.com and any business, agency, organization or entity acting as the principal of the individual operating www.taproot.com.   

“Goods” include any and all products, materials, documents, books, software, or other tangible item purchased from or received incidental to purchase from System Improvements, including all materials received at TapRooT® courses, Equifactor® courses or other System Improvements’ courses. 

“Services” include any and all services performed or provided by System Improvements, including but not limited to, TapRooT® VI Services, TapRooT® courses, Equifactor® courses and the supply of information related to TapRooT®, Equifactor®, or other business of System Improvements. 

“TapRooT® VI Service” is the web-based subscription service offered by System Improvements that permits a Subscriber to access and use TapRooT® VI, and includes, but is not limited to, the underlying code, business logic, appearance, architecture, structure, organization, design, technique and all intellectual property owned by System Improvements that comprises TapRooT® VI.

System Improvements, Inc. shall be referred to as “System Improvements.”

TapRooT® AND EQUIFACTOR® PUBLIC COURSES - PAYMENT POLICY

Prospective attendees registering for a public course may be given the option to pay at the time of registration (“Pay Now”) or get a quote for the course (“Get A Quote”).  Attendees who pay at the time of registration will be confirmed in the course.  Prospective attendees who select the “Get A Quote” option will NOT be registered for the course until payment is received.  Unpaid persons will NOT be permitted to attend the course.

In the event that the course reaches capacity prior to payment being received, System Improvements may refuse the payment altogether or refund the payment at its sole discretion.

Purchase Orders do not constitute payment and will not be approved until and unless any applicable Terms and Conditions have been reviewed and accepted in writing by an authorized representative of System Improvements.

TapRooT® AND EQUIFACTOR® PUBLIC COURSES - CANCELLATION POLICY

If an attendee cancels less than 30 days before the start of the course, payment in full must be made even though Buyer has not attended the course.  However, within two years of the original course date, that attendee may:

  • Transfer to a future public course that is listed on this website.
  • Transfer credit to another Buyer employee attending a public course that is listed on this website.

A paid attendee cancelling more than 30 days before the start of the course has the option of requesting a full refund.

PRODUCT ORDERS - PAYMENT POLICY

Product orders must be paid in full before System Improvements will initiate shipment.  Purchase Orders do not constitute payment and will not be approved until and unless any applicable Terms and Conditions have been reviewed and accepted in writing by System Improvements.  All orders will be shipped promptly as soon as payment is received.

 

For the quickest processing of your order, Buyer may pay by Visa, MasterCard or American Express card at the time order is placed.  System Improvements will also accept checks and wire transfers, but shipment will not be made until the funds are received.

TapRooT® VI

The subscription fee must be received by System Improvements before Buyer can receive their login information to access the TapRooT® VI Service.  At the expiration of the subscription, Buyer may elect to renew the subscription or allow the subscription to expire.  In the event that payment for the renewal has not been received prior to the expiration of the prior subscription, System Improvements may suspend or cancel the account.

Notwithstanding the terms and conditions set forth herein, TapRooT® VI Service contains an internal Service Agreement that must be accepted by the user the user will be granted access to TapRooT® VI Service.  In the event of any conflict between the terms contained herein and the Service Agreement, the terms of the Service Agreement shall take precedence and control. 

INTELLECTUAL PROPERTY

The parties expressly agree that all content, Software, Goods or Services included and/or purchased from www.taproot.com, and/or used by training instructors or distributed as training materials in conjunction with Buyer’s order are protected by United States trademark laws, patent laws, copyright laws, international copyright laws and/or otherwise constitute the intellectual property of System Improvements.  System Improvements does not transfer title or intellectual property ownership of its content, Software, Goods, Services, or any future revisions, upgrades or updates, or any derivatives of its Intellectual Property to Buyer, its employees, or its heirs or assigns.  Buyer expressly agrees that Seller shall retain all right, title and interest in its content, Software, Goods and Services, including all printed materials or items sold on www.taproot.com or any items received by Buyer pursuant to any purchase made on www.taproot.com.  Unless otherwise specified in writing, none of the content, Software, Goods or Services listed on System Improvements’ website constitute “works made for hire.” 

Buyer shall not have permission to sell, distribute, copy or reproduce any content, Software, Goods, or Services purchased or received from System Improvements without the express written consent of System Improvements.

System Improvements’ trademarks may not be used in connection with any product or service or in any other capacity that is not System Improvements’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits System Improvements or its content, Software, Goods, or Services.

The purchase and use of TapRooT® Software or TapRooT® VI Service (including all versions in all languages) is subject to a separate agreement accompanying, or made available to the Buyer.  Further, the purchase and use of TapRooT® or Equifactor® printed materials may be subject to a separate, existing, license agreement between Buyer and System Improvements.  If Buyer purchases or uses any TapRooT® Software, TapRooT® VI or any of System Improvements’ printed materials, Buyer agrees that it will be bound by any and all such applicable agreements or terms.  The terms of this Purchase Agreement shall be read and enforced in conjunction with any applicable license or service agreements.  In the event of a conflict between the terms of this Purchase Agreement and any applicable, enforceable license or service agreement, the terms of said license or service agreement shall prevail.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY SYSTEM IMPROVEMENTS, SYSTEM IMPROVEMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL SYSTEM IMPROVEMENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE BUYER THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  BUYER EXPRESSLY AGREES THAT THE ENTIRE RISK WITH REGARD TO THIS PURCHASE, INCLUDING ITS USE, THE RESULTS AND PERFORMANCE OF THE TAPROOT® PROGRAM, SOFTWARE, GOODS, SERVICE, HOSTING SERVICE OR ANY OTHER ITEM PURCHASED AT WWW.TAPROOT.COM, IS ASSUMED BY THE BUYER. 

BUYER EXPRESSLY AGREES TO INDEMNIFY AND HOLD HARMLESS SYSTEM IMPROVEMENTS AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES, EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) AND/OR LIABILITIES ARISING OUT OF OR RELATED TO THIS PURCHASE AGREEMENT OR BUYER’S USE OF ANY INFORMATION, CONTENT, SOFTWARE, GOODS OR SERVICES PURCHASED ON WWW.TAPROOT.COM, INCLUDING BUT NOT LIMITED TO BUYER’S USE OR INABILITY TO USE THE TAPROOT SYSTEM.   

BUYER EXPRESSLY AGREES THAT SYSTEM IMPROVEMENTS SHALL HAVE NO LIABILITY FOR ANY CLAIM OF PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT based upon Buyer’s use or combination of the GOODS, SOFTWARE and/or services with products or data not supplied by System Improvements as part of the products and/or services nor with claims relating to modifications or derivatives not authorized in writing by System Improvements.

DISPUTE RESOLUTION

In the event of any dispute regarding System Improvements’ Goods, Software, Services or any other business concern, Buyer agrees to contact System Improvements within 30 days in writing at the address below.  Following notice of a dispute, the parties agree to make a good faith attempt to resolve the dispute by making available each company’s business officers with authority to make settlement decisions to negotiate on behalf of their respective companies.  In the event that the parties make a good faith attempt to negotiate and are unable to resolve the dispute, the parties agree to attend mediation with a mutually acceptable mediator in the State of Tennessee before initiating any other dispute resolution procedure.  The cost of mediation shall be shared equally between the parties. 

APPLICABLE LAW

By making a purchase through www.taproot.com, Buyer expressly agrees that this Purchase Agreement is to be construed in accordance with the laws of the State of Tennessee in the United States of America without regard to principles of conflict of laws.  Buyer expressly consents to the personal and/or corporate jurisdiction of all courts of the State of Tennessee and the U.S. District Court for the Eastern District of Tennessee.  Further, Buyer expressly agrees that for any and all causes of action as between Buyer and System Improvements, exclusive jurisdiction, venue and choice of law shall reside in all courts of the State of Tennessee and the U.S District Court of the Eastern District of Tennessee.  Any litigation arising out of this Purchase Agreement shall be filed in the appropriate Court of jurisdiction in Knox County, Tennessee, USA. 

SITE POLICIES, MODIFICATION, SEVERABILITY AND FAILURE TO ENFORCE

System Improvements reserves the right to make changes to our site, policies, and these Terms and Conditions at any time.

In the event that any part, article, paragraph, sentence or clause of this Purchase Agreement shall be held to be indefinite, invalid, illegal or otherwise unenforceable, the unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

A printed version of this Purchase Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Failure at any time to enforce any provisions of this Purchase Agreement or any right with respect thereto, or to exercise any option herein provided, is not a waiver of such provisions, rights, or options, nor does it reduce the validity of this Purchase Agreement.  The exercise of any rights or options herein shall not preclude or prejudice the exercising thereafter of the same or any other right under this Purchase Agreement.

BINDING PARTIES

The terms and conditions of this Purchase Agreement shall be binding upon and shall inure to the benefit of the Parties, their successors and permitted assigns. 

CONTACT INFORMATION

System Improvements, Inc.

238 S. Peters Road, Suite 301

Knoxville, TN 37923

U.S.A.

Telephone: 865-539-2139

Info@taproot.com