Terms of Service
1. Agreement to Terms of Service
Tango340B LLC, a New York limited liability company (together with its parent company, affiliates and subsidiaries, “Tango340B”), maintains and provides proprietary software and services, made available through the website(s) and/or other digital platforms of Tango340B (the “Platforms”).
Please read these Terms of Service (these “Terms”) carefully before using Tango340B’s Platforms. Your access to and use of the Platforms is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Platforms you agree to be bound by these Terms. If you do not agree with these Terms, then you do not have permission to access or use the Platforms.
Tango340B may change, modify, add or remove portions of these Terms at any time. You should periodically check these Terms for changes. Your continued use of Platforms following the posting of any changes to these Terms will mean that you accept and agree to such changes. As long as you comply with these Terms, Tango340B grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Platforms.
2. Content and Intellectual Property
All information, data, software, photographs, graphics, videos, text, images, logos, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on the Platforms is owned, controlled or licensed by or to Tango340B, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Platforms and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Tango340B’s express prior written consent. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part.
4. Links to Third Party Sites
Tango340B’s Platforms may contain links to other third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Tango340B of the contents on such third-party websites. Tango340B is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party website, you do so at your own risk.
5. Your Conduct
You must be at least 18 years of age to use the Platforms. You agree not to interrupt or attempt to interrupt the Platforms’ operation or any other person’s use of the Platforms in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy the Platforms will not be permitted, including by means of hacking or defacing any portion of the Platforms, or by engaging in password “mining,” spamming, flooding or other disruptive activities.
You may not use the Platforms or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tango340B or others. You are prohibited from posting on or transmitting through the Platforms any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platforms or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platforms or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platforms.
Tango340B reserves the right to terminate or suspend your access to and use of the Platforms without notice, if we believe, in our sole discretion, that it is in violation of these Terms or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.
6. Accounts, Passwords and Security
Certain information or services offered on or through the Platforms may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Platforms using your account or User ID. Tango340B cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
For your account, you agree to provide true, accurate, current and complete information about yourself and the organization that you are affiliated with. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Platforms. Because any termination of your access to the Platforms may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Platforms.
Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Platforms.
YOUR USE OF THE CONTENT AND THE PLATFORMS IS AT YOUR OWN RISK. THE CONTENT AND THE PLATFORMS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TANGO340B DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TANGO340B DOES NOT WARRANT THAT: (I) YOUR USE OF THE PLATFORMS WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE PLATFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (III) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE PLATFORMS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORMS IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL. YOUR SOLE REMEDY AGAINST TANGO340B FOR DISSATISFACTION WITH THE PLATFORMS OR ANY CONTENT IS TO STOP USING THE PLATFORMS OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Tango340B reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Platforms, or any portion of thereof, for any reason; (ii) to modify or change the Platforms, or any portion of thereof, and any applicable policies or terms; and (iii) to interrupt the operation of the Platforms, or any portion of thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.
8. Limitations of Liability
IN NO EVENT WILL TANGO340B OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORMS OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE PLATFORMS, THE CONTENT OR RELATED SERVICES, SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY TANGO340B AND WHETHER OR NOT TANGO340B HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TANGO340B, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD-PARTY VENDORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $1,000.00 OR THE AMOUNT YOU HAVE PAID TO THE RESPECTIVE PARTY FOR THE PLATFORMS. TANGO340B IS NOT LIABLE FOR THE UNAUTHORIZED USE OF OUR CONTENT BY ANY OTHER WEB SITES.
You agree to indemnify and hold Tango340B, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Tango340B by any third-party due to or arising out of or in connection to your violation of these Terms, or with your use of the Platforms.
10. Governing Law; Choice of Forum; Dispute Resolution
If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of the Platforms, including its Contents, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for New York County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Tango340B and you arising out of or in connection with your access to or use of Tango340B’s information or the Platforms, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one (1) year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The arbitration shall be conducted by JAMS Mediation, Arbitration and ADR Services.
11. General Information
Tango340B may elect to monitor areas of the Platforms by electronic or other means and may disclose any Content, records, submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Platforms; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Platforms. Tango340B’s failure to insist upon strict performance of any provision of these Terms will not be construed as an implicit waiver of any provision or right. These Terms constitute the entire agreement between you and Tango340B governing your use of the Platforms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tango340B as a result of these Terms or use of the Platforms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Tango340B welcomes your questions or comments regarding these Terms. If you have any questions or comments, please contact Tango340B at:
ADDRESS: 100 Bogart St. Brooklyn, NY 11206
Email Address: Help@tango340b.com
Effective as of October 1, 2020