Tentacull — Terms of Use

These Terms of Use (“Terms”) govern your access to and use of Tentacull, LLC’s websites, applications, data, reports, and related internet-based products and services (collectively, the “Services”). By accessing or using the Services, you confirm you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

You must be at least 18 years old to use the Services.

Changes to These Terms

We may modify these Terms at any time. When we do, we will post the updated version and “Last modified” date above. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

Eligibility; Jurisdiction

The Services are not intended for use in any jurisdiction where such use would be illegal or would subject Tentacull to registration requirements. If you access the Services from other locations, you do so on your own initiative and are responsible for compliance with local laws.

User Representations

By using the Services, you represent and warrant that:

All information you submit is true, accurate, current, and complete;
You will not use the Services for any unlawful or unauthorized purpose;
Your use will comply with these Terms and all applicable laws and regulations.

We may suspend or terminate your access if any information is inaccurate or if you otherwise violate these Terms.

Prohibited Activities

You agree not to:

Scrape, harvest, or systematically collect data to create databases without our written permission;
Create accounts by automated means or under false pretenses, or send unsolicited communications;
Use buying or purchasing agents to make purchases on your behalf;
Advertise or sell goods/services via the Services without authorization;
Disable, circumvent, or interfere with security or access-control features;
Frame or link to the Services without permission;
Use robots, spiders, scripts, mining or extraction tools, or other automated systems;
Interfere with or place undue burden on our infrastructure;
Use information from the Services to harass, abuse, or harm any person;
Reverse engineer, decompile, or disassemble any software of the Services;
Attempt to bypass access restrictions or rate limits;
Disparage, tarnish, or otherwise harm Tentacull or the Services;
Use the Services in any manner inconsistent with these Terms or applicable law.

Site Management

We may monitor use of the Services, investigate violations, and take appropriate action (including reporting to law enforcement) to protect our rights and ensure proper functioning.

Intellectual Property

The Services (including content, data, designs, software, and trademarks) are owned by or licensed to Tentacull and protected by applicable laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services for your personal, non-commercial use. No other rights are granted.

Notice and Procedure for IP Claims

If you believe content on the Services infringes your rights, send a written notice including: (1) your signature; (2) description of the protected work; (3) location of the allegedly infringing material; (4) your contact info; (5) a good-faith statement that the use is not authorized; and (6) a statement under penalty of perjury that your notice is accurate and you are authorized to act. Mail to:

Tentacull, LLC
c/o Northwest Registered Agent
5900 Balcones Drive, Suite 100, Austin, Texas 78731

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ERROR-FREE OPERATION. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY WEBSITES OR CONTENT ACCESSED VIA THE SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TENTACULL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES. IN JURISDICTIONS WHERE LIMITATIONS ARE NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED, BUT WILL NOT EXCEED $100.

Indemnification

You agree to indemnify and hold harmless Tentacull and our affiliates, officers, directors, employees, agents, partners, licensors, and information providers from and against claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services or violation of these Terms.

Equitable Relief

The parties agree that breach of these Terms may cause irreparable harm for which monetary damages would be inadequate. Tentacull may seek injunctive or equitable relief without posting a bond.

Governing Law; Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflicts rules. Exclusive jurisdiction and venue lie in the state or federal courts located in Smith County, Texas, and you consent to such jurisdiction and venue.

No Class Actions; Jury Waiver

You and Tentacull agree to bring claims only in your individual capacities and not as a plaintiff or class member in any purported class or representative proceeding. TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.

Miscellaneous

These Terms (together with policies referenced herein) constitute the entire agreement between you and Tentacull regarding the Services. Headings are for convenience only. Our failure to enforce any provision is not a waiver. If any provision is held invalid, the remainder will continue in full force and effect.