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BY USING THIS WEB SITE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

Copyright Notice

TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

Welcome to tact-bdm.co.za. TACT provides its services to you, subject to the following Terms of Service ("Terms of Service"), which may be updated by us from time to time without notice to you. In addition, when using particular TACT services, you and TACT will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. You are responsible for regularly reviewing these terms and conditions.

2. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, if you submit registration information to us you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TACT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TACT has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. TACT PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our privacy policy.

4. TACT

You agree to indemnify and hold WebSideStory, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

5. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

6. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that TACT may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service. You agree that TACT has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TACT reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TACT reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

7. MODIFICATIONS TO SERVICE

TACT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TACT will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. TERMINATION

You agree that TACT, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TACT believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. TACT may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that TACT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TACT will not be liable to you or any third-party for any termination of your access to the Service.

9. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TACT will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

10. LINKS, SEARCH RESULTS AND RANKED SITES

The Service may provide, or third parties may provide, links to other World Wide web sites or resources ("Linked Sites"). The Linked Sites are not under the control of TACT and TACT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TACT is not responsible for webcasting or any other form of transmission received from any Linked Site. TACT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TACT of the site or any association with its operators.
Because TACT has no control over such sites and resources, you acknowledge and agree that TACT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TACT will 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 site or resource.

11. WEBSIDESTORY'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TACT or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its Content, in whole or in part.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBSIDESTORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. TACT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE

13. NOTICE

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.

14. GENERAL INFORMATION

Unless otherwise specified in these Terms of Service, this agreement constitutes the entire agreement between the user and TACT with respect to use of the TACT web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TACT with respect to use of the TACT web sites. A printed version of this agreement and of 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.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

The failure of TACT to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TACT as a result of this agreement or use of the TACT web sites.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

TACT's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TACT's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TACT web sites or information provided to or gathered by TACT with respect to such use.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.