Last Updated: April 1, 2024

Terms and Conditions

Last updated: June 3, 2022

1. Acceptance of Terms and Conditions

Welcome to tactiqtech.com (the “Website”) and the DSDPipeline System a/k/a RespnondNOW a/k/a Connect powered by DSDPipeline System mobile application (“DSDPipeline” or “Application”), owned and operated by DSD Partners, LLC (“the Company”, “We”, “Us” or “Our”).

These Terms and Conditions apply to You (“You,” “User,” “Visitor,” or “Your”) and Your access and use of the Website and Application, and any other websites or services that links to these Terms and Conditions (collectively, the “Services”). Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. By accessing or using the Services in any way, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Services.

These Terms and Conditions may change from time to time (see “Changes to these Terms and Conditions” section below). Your continued use of the Services after We make changes to the Terms and Conditions is deemed to be acceptance of those changes.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Services.

Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, which is available at https://www.tactiqtech.com and incorporated by reference herein. Please read these Terms and Conditions and Our Privacy Policy carefully before using Our Services.

2. Changes to the Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. All changes are effective immediately when We post them and apply to all access to and use of the Services thereafter.

By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised terms. You are expected to check this page each time You access or use the Services so You are aware of any changes, as they are binding on You. If You do not accept the changes, Your sole and exclusive remedy is to cancel Your account and discontinue using the Services.

3. Termination

If You fail to comply with any of the terms in these Terms and Conditions, Your right to use the Services will immediately cease without further notice. We may terminate or suspend user accounts if we reasonably suspect that You have breached these Terms and Conditions.

4. Third-Party Content

You and other Users of the Services may provide content on the Services. You acknowledge and agree that the Company cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of any materials posted by Users to the Services. We are not liable for any acts or omissions of Users of the Services, including photographs or other content in posts or messages from Users. Notwithstanding the foregoing, the Company reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s account or access to the Services.

5. User Accounts

• Generally. Users may access the Website and certain portions of the Services without registering an account. To access and participate in certain features of the Services, including in the Application, Users must create an account (“Account”).
• Registration. When You register an Account, You establish a username and password. You agree to provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update information to keep it accurate, current, and complete. You are responsible for safeguarding Your Account and password. You are responsible for all activity that occurs on Your Account and agree to notify the Company immediately of any unauthorized use. We are not liable for any losses by any party caused by an unauthorized use of Your Account. Notwithstanding the foregoing, You may be liable for the losses of the Company or others due to such unauthorized use. Your Account is nontransferable except with Our written permission and in line with Our policies and procedures.
• Personal Data & Employer-Provided Information. You or Your employer may share Your Personal Data as defined in Our Privacy Policy available at https://www.tactiqtech.com and incorporated herein by reference, in connection with certain Services, including in the Application. You agree that We may share Your Personal Data with other Users of the Application solely for the purpose of delivering the services provided in the Application. If You do not wish for Your Personal Data to be shared with Us or made available to other Users of the Application, please contact Your employer. At Your or Your employer’s request, we may delete or not make available to other Users such Personal Data, but cannot guarantee that You will be able to use certain features of the Services. If You or Your employer need to submit a removal request, or to update or correct Your Personal Data in the Application, please contact us at privacy@tactiqtech.com.

6. Restricted Activities

You agree that Your use of any Services, including any information or content, including photographs or other materials, that You provide at any point when using the Services, shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s intellectual property rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be defamatory, or unlawfully threatening or harassing; (e) be obscene; (f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (g) create liability or loss for the Company. The Company reserves the right at any time and in its sole discretion to modify or discontinue any portion or all of the Services, and/or to restrict, suspend and terminate any User’s account.

7. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its affiliates or third party service providers under any provision of these Terms and Conditions shall be limited to the amount actually paid by You for the Services.

To the maximum extent permitted by applicable law, in no event shall the Company or its affiliates or third party service providers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of these Terms and Conditions), even if the Company or its affiliates or third party service providers have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

8. Accessibility

You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction, (ii) periodic maintenance procedures or repairs which We may undertake from time to time, or (iii) causes beyond Our control or which We could not reasonably foresee.

9. Equipment

You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Services, all hardware, software, electrical, and other physical requirements for Your use of the Services, including, without limitation, telecommunications and internet access connections and links; web browser; or other equipment, programs, and services required to access and use the Services.

10. Intellectual Property

A. Licensed Software

The Services may include Licensed Software, which means certain commercial software products being provided to You, including executable program modules thereof, as well as related documentation and computer readable media. The Licensed Software, including any documentation, media, packaging and illustrations, is copyrighted and constitutes Our valuable property. You agree that all physical manifestations of the Licensed Software will display Our copyright notice in a conspicuous manner. The Licensed Software is protected under United States copyright laws and international treaty provisions. You will have a right to copy the materials, provided copyright notices and acknowledgement of trade-marks are included, pursuant to the covenants contained in any specific licensing agreements you enter into with Us. You will include the following notice on any printed, electronic, online or packaged version of the Licensed Software, in any form whatsoever:

Copyright © 2023 Licensor DSD Partners, LLC d/b/a Tactiq. All rights reserved.

Certain logos, product names and trade-marks owned by Us may be contained within the printed materials and electronic manifestations of the Licensed Software. You will have no right to use such marks in its end-user applications except as set out in the Terms and Conditions.

You acknowledge that the Licensed Software, including any associated written materials and other documentation provided under these Terms and Conditions and any other agreement You have entered into with Us, belongs exclusively to and is proprietary to Us. Unencumbered title to the Licensed Software will, at all times, remain with Us. You agree to protect the Licensed Software from unauthorized use, reproduction, distribution or publication in electronic or physical form.

B. Copyright, Trademarks, and Other Intellectual Property

The Services are proprietary to Us and are protected by intellectual property law and international intellectual property treaties. Your access to the Services is licensed and not sold. Subject to the timely payment of all fees and the terms and limitations set forth in these Terms and Conditions, as well as any other formal agreements between Us, We agree to provide You with a nontransferable and nonexclusive account enabling You to access the Services.

You hereby acknowledge that the Company owns, operates, licenses, or controls the Services and any underlying content displayed thereon, including its trademarks and copyrights, and all intellectual property rights to the same. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website or Application. You acknowledge that all content presented to You through the Services is owned or licensed by the Company and is protected by relevant intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or disseminate any part of the Website or Application except as expressly permitted herein and in any license agreement you have entered with us, and you may not remove or alter any intellectual property notices contained in or on the Website or Application. You do not acquire ownership rights to any content accessed or viewed through the Services. Circumvention of any technological restriction or security measure on the Services is expressly prohibited.

You agree that anything You post or otherwise make public on the Services is not considered confidential. By making available any content on or through the Services, You hereby grant to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote, market or advertise the Services, or for any other purpose in Our sole discretion. The license granted to the Company shall survive termination of your Account.

The Company does not control Users’ content, which other Users may deem offensive, harmful, inaccurate, or deceptive. You acknowledge and agree that You are solely responsible for all content that You make available on or through the Services. We reserve the right, at any time and without prior notice, to remove or disable access to User content that We, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms and Conditions, or otherwise harmful to the Company or Users of the Services.

Tactiq, DSDPartners, Technology with a Human Touch, and DSDPipeline are registered trademarks of DSD Partners, LLC d/b/a Tactiq.  Acuity is a trademark of DSD Partners, LLC d/b/a Tactiq.  Acuity and Pipeline are patent pending.

11. “AS IS” and “AS AVAILABLE” Disclaimer

The Services are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates as well as the Company and its Affiliates respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; or (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

12. Data Maintenance

You shall be solely responsible for maintaining, updating, reviewing, and verifying any and all of Your data. We are not responsible for any loss (including, but not limited to, loss of product, loss of time/efficiency, and economic loss); decline in order accuracy; stales/spoilage; failure to timely respond to a ticket request; rejected deliveries; rejected or unpaid invoices; or any other direct or indirect loss resulting from Your failure to timely update and/or review data related to the Service and/or the Service itself.

13. Governing Law & Arbitration

These Terms and Conditions are governed by the laws of the Commonwealth of Virginia.

If You have any concern or dispute about the Services, You agree to first try to resolve the dispute informally by contacting the Company. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, then You agree to submit any dispute related to these Terms and Conditions to binding arbitration and agree that the arbitration process shall be the exclusive means for resolving disputes which the parties cannot resolve. Nothing herein shall be deemed to limit a party’s access to the court system to pursue a remedy that is limited to injunctive relief or for collection of unpaid service invoices. Any arbitration hereunder shall be conducted under the Dispute Resolution Rules of the American Arbitration Association as modified herein. Arbitration proceedings shall take place within a thirty (30) mile radius of the city limits of Richmond, Virginia, before a single mutually agreeable arbitrator who shall be a lawyer or retired judge. If the parties cannot agree on a single arbitrator after a period of thirty (30) days, the parties shall request the election of a panel of three arbitrators by the American Arbitration Association. All arbitration proceedings shall be confidential. Neither party shall disclose any information about the evidence produced by the other party in the arbitration proceedings, except in the course of judicial, regulatory, or arbitration proceedings, or as may be demanded by government authority. Before making any disclosure permitted by the preceding sentence, a party shall give the other party reasonable advance written notice of the intended disclosure and an opportunity to prevent disclosure. Each party shall have the right to take the deposition of up to two (2) individuals and any expert witnesses retained by the other party. Additional discovery may be had only where the arbitrator so orders, upon a showing of substantial need. Only evidence that is directly relevant to the issues may be obtained in discovery. Each party bears the burden of persuasion of any claim or counterclaim raised by that party. The arbitrator shall have authority to award any remedy or relief that a court of the Commonwealth of Virginia could grant in conformity with applicable law, except that the arbitrator shall have no authority to award punitive damages. Any arbitration award shall be accompanied by a written statement containing a summary of the issues in controversy, a description of the award, and an explanation of the reasons for the award. The arbitrator’s award shall be final and judgment may be entered upon such award by any court.

14. Severability and Waiver

Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not impact a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

15. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By mail: 10800 Midlothian Trnpk, Suite 300, Richmond, VA 23235