TAC Drive: Secure, Rugged, Affordable

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Individual Purchase

BY MAKING USE OF THE TAC DRIVE AND/OR TAC ONLINE SERVICES, YOU AGREE TO ACCEPT AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF TACDRIVE.COM AND YOUR RECEIPT OF ONE TAC ONLINE USER ACCOUNT and/or TAC DRIVE FOR YOU.

This TAC End User Agreement ("Agreement") is a legal agreement between you ("You"), and TAC Health, LLC. You are entering into this agreement as an individual who wishes to purchase a subscription for you to access TAC Online and/or obtain TAC Drive. If you are an individual whose employer is offering this service, this Agreement is not for you. Please click here to be redirected to the appropriate document.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT USE TAC ONLINE.

ACKNOWLEDGEMENT AND AGREEMENT FOR RECEIPT OF SERVICES

You acknowledge your enrollment in the subscription plan specified for you as an individual. You will be responsible for all fees for the use of TAC Online and for TAC Drive.

You acknowledge receipt of one TAC Online account and/or request for one TAC Drive carrier for yourself. Your TAC Online account will include any health information that you direct it to include. Your TAC Drive may display pertinent medical data for emergency treatment purposes only and you may choose to include other health or personal records on TAC Drive for other treatment or storage purposes. Collectively, all of the information, personal or otherwise, contained in your TAC Online account and in your TAC Drive is referred to as your "Sensitive Data."

ACKNOWLEDGEMENT OF VIEWING OF PRIVACY AND SECURITY POLICY DISCLOSURE

Our privacy and security policies may be viewed here. By using TAC Online, you hereby consent to the collection and use of your personally-identifiable information submitted through TAC Online in accordance with this Agreement and the privacy and security policies referenced herein.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a temporary password and account designation upon completing the registration process as an individual. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify TAC Health of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each TAC Online session. TAC Health cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

FILE ENCRYPTION AND SELF DESTRUCT FEATURES

You acknowledge that use of the encryption module on TAC Drive carries an inherent risk and that by using such an utility you may render your file(s) permanently inaccessible if your password, or encryption key, is lost or forgotten. TAC Health, LLC will not have access to your encryption key(s) and will not be able to decrypt an encrypted file for you if such an event occurs. Similarly, if you err in entry of your encryption key more than 7 times in succession, the files on your TAC Drive may be destroyed irretrievably by the self-destruct feature. You further acknowledge that TAC Health cannot and will not be liable for any loss or damage arising from the use of TAC Drive and its associated encryption and security features.

CONTENT RESTRICTIONS

You agree not to use TAC Online website or service:

To upload, submit for laser engraving, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable;
To upload, submit for laser engraving, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
To upload or otherwise transmit any material which is likely to cause harm to any TACDrive.com or TAC Health service, or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to any TAC Health service or which may cause any defect, error, malfunction or corruption to the service; and

You agree that if TAC Health and TACDrive.com, in its sole discretion, determines that any material you submit for engraving may not meet these content requirements, TAC Health and TACDrive.com may reject your order without explanation. TAC Health reserves the right to charge a processing fee of $10.00 for each image or graphic that you submit as an order which violates our content restrictions.

In addition, in the event you violate these Content Restrictions and you intentionally publicize such violation, you acknowledge that TAC Health and TACDrive.com will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.

MEDICAL RECORD OBTAINMENT, CONTENT AND USE

Storage and uploading of medical records on TAC Drive and/or onto TAC Online is left to you, the end-user. If, at a future date, TAC Health provides services to manage this process for you, you will identify those providers who maintain Health Information that you want to include within the TAC Health medical database located in TAC Online ("Identified Provider(s)"). You will complete the 'Authorization To Release Health Information' Forms provided by TAC for each Identified Provider, authorizing release of your Health Information to TAC Health. You acknowledge and agree that TAC Health shall obtain and review the Health Information provided by the Identified Providers, and you hereby give your consent that all or a portion of this Health Information may be selected for input to your TAC Drive and Your TAC Health medical profile. You acknowledge and agree that the Health Information provided to TAC Health and the Health Information incorporated into your TAC Drive may contain mental health, development disabilities, alcohol/substance abuse, AIDS/HIV test results and other private and confidential information.

You will review the Health Information contained on TAC Drive within thirty (30) days of receipt of TAC Drive update with Health Information ("Review Period"). During the Review Period, you may request changes, additions or deletions to the Health Information contained on the TAC Drive.

The information contained on TAC Drive must be updated to reflect any changes in your updates of Health Information on TAC Online. You are solely responsible for the decision, if chosen, to download Health Information in its entirety onto TAC Drive carrier. As such, regarding access to TAC Drive and the Health Information contained therein, TAC Health will not have any responsibility or liability if any unauthorized user obtains access to this Health Information on any TAC Drive. Even if you choose to download these records onto the TAC Drive carrier itself, the Emergency Medical Profile will be accessible to those who have control of the TAC Drive carrier and who possess computer access.

TAC Health does not edit, redact or otherwise alter or delete any information other than personal social security and date of birth identifiers from the Health Information received by TAC Health either prior to or after incorporation of that information into the TAC Drive and to TAC Online.

YOUR HEALTH INFORMATION WILL BE DISCLOSED IN THE FOLLOWING WAY AND YOU HEREBY CONSENT TO SUCH DISCLOSURE:

Medical records and associated documents may be made available to your emergency contact(s) and any and all health providers in non-emergency and emergency situations if you choose to do so.

TAC ONLINE AND THE TAC DRIVE ARE TOOLS TO PROMOTE BETTER ACCESS TO SENSITIVE DATA STORAGE AND, IN SOME CASES, HEALTH INFORMATION IN THE EVENT OF AN EMERGENCY. NOTWITHSTANDING THE FOREGOING, THE HEALTH INFORMATION MAY NOT BE COMPLETE, ACCURATE OR CURRENT AND TAC HEALTH MAKES NO REPRESENTATION OR WARRANTY THAT IT IS COMPLETE, ACCURATE, CURRENT OR SUITABLE FOR THE PURPOSES FOR WHICH IT IS USED. TAC Health has no obligation or ability to verify the accuracy of the Health Information provided or any obligation or ability to correct any inaccuracies or deficiencies in that Health Information. YOU ACKNOWLEDGE AND AGREE THAT THE HEALTH INFORMATION SUPPLIED ON THE TAC DRIVE AND ON TAC ONLINE IS INTENDED TO BE SUMMARY IN NATURE AND IS NOT GUARANTEED TO BE OF DIAGNOSTIC OR CLINICAL QUALITY. TAC HEALTH DOES NOT GUARANTEE THAT THE SUMMARY FORMAT CONTAINS ALL MATERIAL INFORMATION THAT MAY BE REQUIRED IN ANY GIVEN SITUATION. ANYONE RELYING ON THE HEALTH INFORMATION CONTAINED IN THE TAC DRIVE AND ON TAC ONLINE SHOULD ALWAYS CONSULT THE ORIGINAL MEDICAL RECORDS IN ORDER TO ENSURE THE ACCURACY AND COMPLETENESS OF THE INFORMATION.

All Health Information provided to TAC Health shall be and shall remain your property, and shall be returned to you within thirty days after your request.

Your medical records, if presented to TAC Health in paper format, will be destroyed one month after scanning and upload. They will be cross-shredded and disposed of according to medical office privacy policy and standard confidential material procedures.

RESTRICTIONS

The TAC Drive, TAC Online and their accompanying materials are protected by copyrights and contain proprietary information and trade secrets of TAC Health. Copying of TAC Drive, even if modified, or of the written materials, is expressly forbidden without the prior written consent of TAC Health. You shall not, and shall not permit any third party to, modify, translate, reverse engineer, decompile, or disassemble TAC Drive or TAC Online.

GENERAL DISCLAIMER

TAC DRIVE and TAC ONLINE ARE PROVIDED "AS IS." TAC HEALTH DOES NOT MAKE ANY AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the quality and performance of TAC Drive and TAC Online is with you. TAC Health does not warrant that the functions or information contained in TAC Drive or TAC Online will meet your requirements or that the operation of TAC Drive and TAC Online will be uninterrupted or error free. TAC makes no representations regarding the durability of the hardware under extreme conditions and you assume any risk in exposing TAC Drive to such conditions.

TAC HEALTH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF PERSONAL OR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PERSONAL OR BUSINESS INFORMATION, AND THE LIKE, OR DAMAGES RESULTING FROM PERSONAL HARM, DEATH OR DISABILITY) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TAC DRIVE OR TAC ONLINE, EVEN IF TAC HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAC HEALTH SHALL BE LIABLE ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT BUT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. Notwithstanding anything to the contrary in the Agreement, to the extent TAC Health is liable for any damages whatsoever, it shall not be liable for more than the aggregate amounts paid by you for your access to TAC Online and TAC Drive in the six months preceding such claim.

PAYMENT

You agree that you will pay for the TAC Online subscription and TAC Drive in accordance with the payment terms set forth in our e-commerce location.

MISCELLANEOUS

You acknowledge and agree that this Agreement shall be governed by the laws of the State of California, without regard to the principles of conflict of laws. Any suit or proceeding relating to this Agreement shall be brought only in San Mateo County, California. This Agreement, including without limitation, any of the duties and obligations hereunder, may not be delegated or assigned, in whole or in part, by you, without the prior written consent of TAC Health. The provisions of this Agreement are binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. The paragraph and section headings throughout this Agreement are for reference purposes only and shall not be held to explain or aid in the interpretation, construction or meaning of the provisions of this Agreement. In the event any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be enforced to the maximum extent possible. No waiver of any provisions of this Agreement by either party shall be deemed to be an ongoing waiver of such provisions unless the parties otherwise agree expressly in writing. This Agreement contains the entire agreement between the parties related to the purchase and use of TAC Drive and TAC Online and supersedes all previous agreements, proposals, negotiations and correspondence between them, whether oral or written, related to the subject matter of this Agreement. This Agreement shall not be modified, varied, waived or otherwise changed without the mutual, written consent of both parties. You acknowledge and agree that any dispute or controversy that shall arise between parties with respect to this Agreement or the sale, purchase and use of TAC Drive or TAC Online, term(s) condition(s), interpretation or implementation of this Agreement, or the right(s) of either party hereunder, shall be submitted to binding arbitration. You expressly covenant and agree to be bound by the decision of the arbitrator and to accept any such decision as final determination of the matter in dispute. If either party shall bring any action for any relief against the other, declaratory or otherwise, arising out of this agreement, the prevailing party shall be entitled to reimbursement for its attorney's fees and reasonable costs from the other party. Any notice, request, or other communication to be given in writing under this Agreement will be deemed to have been given by either party to the other party upon the date of receipt, if hand delivered, or four (4) business days after deposit in the U.S. mail, if mailed to the other party by registered or certified mail, properly addressed, postage prepaid, return receipt requested, or one (1) business day after deposit with a national overnight courier for next business day delivery, mailed to the applicable address as follows: if to you, by providing notice to the address we have on file; and if to TAC Health, P.O. Box 10121, Bainbridge Island, Washington 98110. Either party may change its address by a notice given to the other party in the manner set forth herein. Neither party shall be responsible for any delay or failure in performance caused by flood, riot, insurrection, fire, earthquake, communication line failure, power line failure, explosion, act of God, or any other force or cause beyond the reasonable control of the party claiming the protection of this section.

QUESTIONS OR ADDITIONAL INFORMATION

If you have questions or desire additional information regarding this agreement, please contact us through email at info [at] tacdrive.com or contact us directly.

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Employer Purchase

BY MAKING USE OF TAC DRIVE AND/OR TAC ONLINE SERVICE(S), YOU AGREE TO ACCEPT AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF TAC DRIVE.COM AND YOUR RECEIPT OF ONE TAC ONLINE USER ACCOUNT and/or TAC DRIVE FOR YOU.

This TAC End User Agreement ("Agreement") is a legal agreement between you ("You"), and TAC Health, LLC. You are entering into this agreement as an employee whose employer ("Employer") has purchased a subscription for you to access TAC Online and/or obtain a TAC Drive or as an individual who is authorized to access your Employer's TAC Online account. If you are an individual who does not have an employer that has purchased such a subscription, this Agreement is not for you. Please click here to be redirected to the appropriate document.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT USE TAC ONLINE.

ACKNOWLEDGEMENT AND AGREEMENT FOR RECEIPT OF SERVICES

You acknowledge your enrollment in the subscription plan specified for you as an employee of Employer. Unless your Employer tells you otherwise, your Employer will be responsible for all fees for the use of TAC Online and for the TAC Drive.

You acknowledge receipt of one TAC Online account and/or the request for one TAC Drive carrier for yourself. Your TAC Online account may include OSHA compliance and wellness data and any health information that you direct it to include. Your TAC Drive may display pertinent medical data for emergency treatment purposes only. You may choose to include other records on the TAC Drive for other purposes. Collectively, all of the information contained in your TAC Online account and in your TAC Drive is referred to as your "Health Information." Certain of your Health Information will be disclosed to your Employer as set forth below. You understand that your Employer may receive an Employer TAC Online account and/or one Employer TAC Drive to store OSHA compliance data and wellness data collection for covered employees, including yourself.

ACKNOWLEDGEMENT OF VIEWING OF PRIVACY AND SECURITY POLICY DISCLOSURE

MEMBER ACCOUNT, PASSWORD AND SECURITY

If provided TAC Online access, you will receive a password and account designation upon completing the registration process as an employee. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify TAC Health and your Employer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each TAC Online session. TAC Health cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

FILE ENCRYPTION AND SELF DESTRUCT FEATURES

You acknowledge that use of the encryption module on the TAC Drive carries an inherent risk and that by using such an utility you may render your file(s) permanently inaccessible if your password, or encryption key, is lost or forgotten. TAC Health LLC will not have access to your encryption key(s) and will not be able to decrypt an encrypted file for you if such an event occurs. Similarly, if you err in entry of your encryption key more than 5 times in succession, the files on your TAC Drive may be destroyed irretrievably by the self-destruct feature. You further acknowledge that TAC Health cannot and will not be liable for any loss or damage arising from the use of the TAC Drive and its associated encryption and security features.

CONTENT RESTRICTIONS

You agree not to use TAC Online website or service:

To upload, submit for laser engraving, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable;
To upload, submit for laser engraving, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
To upload or otherwise transmit any material which is likely to cause harm to any TACDrive.com or TAC Health service, or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to any TAC Health service or which may cause any defect, error, malfunction or corruption to the service; and

MEDICAL RECORD OBTAINMENT, CONTENT AND USE

Storage and uploading of medical records on the TAC Drive and/or onto TAC Online is left to you, the end-user. If, at a future date, TAC Health provides services to manage this process for you, you will identify those providers who maintain Health Information that you want to include within the TAC Health medical database located in TAC Online ("Identified Provider(s)"). You will complete the 'Authorization To Release Health Information' Forms provided by TAC for each Identified Provider, authorizing release of your Health Information to TAC Health. You acknowledge and agree that TAC Health shall obtain and review the Health Information provided by the Identified Providers, and you hereby give your consent that all or a portion of this Health Information may be selected for input to your TAC Drive and Your TAC Health medical profile. You acknowledge and agree that the Health Information provided to TAC Health and the Health Information incorporated into your TAC Drive may contain mental health, development disabilities, alcohol/substance abuse, AIDS/HIV test results and other private and confidential information.

You will review the Health Information contained on the TAC Drive within thirty (30) days of receipt of the TAC Drive update with Health Information ("Review Period"). During the Review Period, you may request changes, additions or deletions to the Health Information contained on the TAC Drive.

The information contained on the TAC Drive must be updated to reflect any changes in your updates of Health Information on TAC Online. You are solely responsible for the decision, if chosen, to download Health Information in its entirety onto the TAC Drive carrier. As such, regarding access to the TAC Drive and the Health Information contained therein, TAC Health will not have any responsibility or liability if any unauthorized user obtains access to this Health Information on any TAC Drive. Even if you choose to download these records onto the TAC Drive carrier itself, the Emergency Medical Profile will be accessible to those who have control of the TAC Drive carrier and who possess computer access.

YOUR HEALTH INFORMATION WILL BE DISCLOSED IN THE FOLLOWING WAY AND YOU HEREBY CONSENT TO SUCH DISCLOSURE:

OSHA compliance. Test dates and outcomes for OSHA-related, medical surveillance information ("OSHA Information") will be made available to Employer or any other agency with whom you designate an affiliation in order to comply with workplace safety standards. This includes Respiratory Testing, spirometry, audiograms, tuberculosis screening, hearing conservation, and Hepatitis B and other immunization data.

Wellness Data Collection. Test outcomes as it relates to Lipid Profile, Blood Pressure, Body Mass Index, including height and weight conducted for Wellness exam ("Wellness Information") will be made available as non-identified data and provided to Employer for data collection purposes only.

General Medical Information. Medical records and associated documents may be made available to your emergency contact(s) and any and all health providers in non-emergency and emergency situations if you choose to do so. Except as set forth above, no other information shall be made available to Employer unless you direct it to be so disclosed.

TAC ONLINE AND THE TAC DRIVE ARE TOOLS TO PROMOTE BETTER ACCESS TO HEALTH INFORMATION IN THE EVENT OF AN EMERGENCY. NOTWITHSTANDING THE FOREGOING, THE HEALTH INFORMATION MAY NOT BE COMPLETE, ACCURATE OR CURRENT AND TAC HEALTH MAKES NO REPRESENTATION OR WARRANTY THAT IT IS COMPLETE, ACCURATE, CURRENT OR SUITABLE FOR THE PURPOSES FOR WHICH IT IS USED. TAC Health has no obligation or ability to verify the accuracy of the Health Information provided or any obligation or ability to correct any inaccuracies or deficiencies in that Health Information. YOU ACKNOWLEDGE AND AGREE THAT THE HEALTH INFORMATION SUPPLIED ON THE TAC DRIVE AND ON TAC ONLINE IS INTENDED TO BE SUMMARY IN NATURE AND IS NOT GUARANTEED TO BE OF DIAGNOSTIC OR CLINICAL QUALITY. TAC HEALTH DOES NOT GUARANTEE THAT THE SUMMARY FORMAT CONTAINS ALL MATERIAL INFORMATION THAT MAY BE REQUIRED IN ANY GIVEN SITUATION. ANYONE RELYING ON THE HEALTH INFORMATION CONTAINED IN THE TAC DRIVE AND ON TAC ONLINE SHOULD ALWAYS CONSULT THE ORIGINAL MEDICAL RECORDS IN ORDER TO ENSURE THE ACCURACY AND COMPLETENESS OF THE INFORMATION.

All Health Information provided to TAC Health shall be and shall remain your property, and shall be returned to you within thirty days after your request.

Your medical records, if presented to TAC Health in paper format, will be destroyed 1 month after scanning and upload. They will be cross-shredded and disposed of according to medical office privacy policy and standard confidential material procedures.

RESTRICTIONS

The TAC Drive, TAC Online and their accompanying materials are protected by copyrights and contain proprietary information and trade secrets of TAC Health. Copying of the TAC Drive, even if modified, or of the written materials, is expressly forbidden without the prior written consent of TAC Health. You shall not, and shall not permit any third party to, modify, translate, reverse engineer, decompile, or disassemble the TAC Drive or TAC Online.

GENERAL DISCLAIMER

THE TAC DRIVE and TAC ONLINE ARE PROVIDED "AS IS." TAC HEALTH DOES NOT MAKE ANY AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the quality and performance of the TAC Drive and TAC Online is with you. TAC Health does not warrant that the functions or information contained in the TAC Drive or TAC Online will meet your requirements or that the operation of the TAC Drive and TAC Online will be uninterrupted or error free. TAC makes no representations regarding the durability of the hardware under extreme conditions and you assume any risk in exposing the TAC Drive to such conditions.

TAC HEALTH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF PERSONAL OR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PERSONAL OR BUSINESS INFORMATION, AND THE LIKE, OR DAMAGES RESULTING FROM PERSONAL HARM, DEATH OR DISABILITY) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TAC DRIVE OR TAC ONLINE, EVEN IF TAC HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAC HEALTH SHALL BE LIABLE ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT BUT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. Notwithstanding anything to the contrary in the Agreement, to the extent TAC Health is liable for any damages whatsoever, it shall not be liable for more than the aggregate amounts paid by Employer for your access to TAC Online and the TAC drive in the six months preceding such claim.

MISCELLANEOUS

You acknowledge and agree that this Agreement shall be governed by the laws of the State of California, without regard to the principles of conflict of laws. Any suit or proceeding relating to this Agreement shall be brought only in San Mateo County, California. This Agreement, including without limitation, any of the duties and obligations hereunder, may not be delegated or assigned, in whole or in part, by you, without the prior written consent of TAC Health. The provisions of this Agreement are binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. The paragraph and section headings throughout this Agreement are for reference purposes only and shall not be held to explain or aid in the interpretation, construction or meaning of the provisions of this Agreement. In the event any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be enforced to the maximum extent possible. No waiver of any provisions of this Agreement by either party shall be deemed to be an ongoing waiver of such provisions unless the parties otherwise agree expressly in writing. This Agreement contains the entire agreement between the parties related to the purchase and use of the TAC Drive and TAC Online and supersedes all previous agreements, proposals, negotiations and correspondence between them, whether oral or written, related to the subject matter of this Agreement. This Agreement shall not be modified, varied, waived or otherwise changed without the mutual, written consent of both parties. You acknowledge and agree that any dispute or controversy that shall arise between parties with respect to this Agreement or the sale, purchase and use of the TAC Drive or TAC Online, term(s) condition(s), interpretation or implementation of this Agreement, or the right(s) of either party hereunder, shall be submitted to binding arbitration. You expressly covenant and agree to be bound by the decision of the arbitrator and to accept any such decision as final determination of the matter in dispute. If either party shall bring any action for any relief against the other, declaratory or otherwise, arising out of this agreement, the prevailing party shall be entitled to reimbursement for its attorney's fees and reasonable costs from the other party. Any notice, request, or other communication to be given in writing under this Agreement will be deemed to have been given by either party to the other party upon the date of receipt, if hand delivered, or four (4) business days after deposit in the U.S. mail, if mailed to the other party by registered or certified mail, properly addressed, postage prepaid, return receipt requested, or one (1) business day after deposit with a national overnight courier for next business day delivery, mailed to the applicable address as follows: if to you, by providing notice to the address we have on file; and if to TAC Health, P.O. Box 10121, Bainbridge Island, Washington 98110. Either party may change its address by a notice given to the other party in the manner set forth herein. Neither party shall be responsible for any delay or failure in performance caused by flood, riot, insurrection, fire, earthquake, communication line failure, power line failure, explosion, act of God, or any other force or cause beyond the reasonable control of the party claiming the protection of this section.

QUESTIONS OR ADDITIONAL INFORMATION

If you have questions or desire additional information regarding this agreement, please contact us through email at info [at] tacdrive.com or contact us directly.

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