Effective Date: October 25, 2024

Introduction

These Terms of Service (“Terms”) govern your access to and use of our website and the services provided by Farragut. Please read these Terms carefully as they contain important information regarding your rights and obligations when using the Site and the Services. If you do not agree with any part of these Terms, please discontinue using the Site or any Services provided through it immediately.

1. Definitions

For the purposes of these Terms, the following definitions apply:

• “Site”: Refers to Farragut’s website, including all its web pages, content, and features, accessible at https://farragut.com/.
• “Farragut,” “We,” “Us,” or “Our”: Refers to Farragut Systems Inc., including its officers, directors, employees, and affiliates.
• “You” or “User”: Refers to any individual or entity who accesses, browses, or uses the Site or Services provided through the Site.
• “Services”: Refers to all services provided by Farragut as described in these Terms or on the Site.
• “Privacy Policy”: Refers to the document outlining Farragut’s practices regarding the collection, use, and protection of personal information, which is incorporated into these Terms by reference.
• “Intellectual Property”: Refers to all copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights related to the content on the Site and any proprietary technologies developed by Farragut.

2. Acceptance of Terms

By accessing, browsing, or using the Site and any Services provided through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any applicable laws and regulations.

3. Changes to Terms

Farragut reserves the right to modify these Terms at any time at its sole discretion. Any changes to the Terms will become effective immediately upon posting to the Site and the effective date of these Terms will be updated accordingly. Your continued use of the Site after any changes have been posted will constitute your acceptance of the updated Terms.

4. Description of Services

Farragut offers data-driven, customizable solutions for property tax assessment, enhancing efficiency, fairness, and transparency. Using advanced analytics, AI, and cloud-based platforms, we streamline workflows for accurate property valuations while prioritizing ethical data use. Our Services promote equity and transformation, making Farragut a trusted partner in improving property tax processes for municipalities and businesses.

5. Modification of Services

Farragut reserves the right to modify, suspend, or discontinue any part of the Site or Services at any time without notice or liability. We may update Services, features, or content as necessary to maintain quality and efficiency, and your use of any such updates is subject to these Terms.

6. Indemnification

You agree to indemnify, defend, and hold harmless Farragut, its affiliates, officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use or misuse of the Site, violation of these Terms, or infringement of any third-party rights.

7. Force Majeure

Farragut shall not be liable for any failure to perform or delay in the performance of any of its obligations under these Terms if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, natural disasters, strikes, government actions, internet outages, or technical failures.

8. Use of the Site

You agree to use the Site and any Services provided through the Site solely for lawful purposes and in compliance with all applicable laws. You may not use the Site to engage in any activity that could damage, disable, overburden, or impair the Site or interfere with other users’ enjoyment of the Site. Prohibited activities include, but are not limited to:

• Violation of Laws: Engaging in activities that violate local, national, or international laws.
• Harmful Content: Post or share any defamatory, harmful, obscene, or otherwise objectionable content.
• Malicious Content or Tools: Uploading or transmitting unlawful or malicious content such as viruses, malware, or harmful code, or using automated tools (e.g. bots, spiders, scrapers) to access or extract data from the Site.
• Unauthorized Access: Attempting to gain unauthorized access to the Site or any related systems or networks.
• Infringement of Rights: Using the Site in a manner that infringes on the intellectual property or privacy rights of Farragut or any third party.
• Harvesting Data: Attempt to collect or harvest data about other users without their consent.
• Misrepresentation: Impersonate any individual or entity or falsely represent your affiliation with any entity.
• Interference: Attempt to interfere with the operation of the Site by introducing malicious software or engaging in denial-of-service attacks.

Failure to comply with these provisions may result in civil or criminal penalties.

9. Third-Party Services and Links

The Site may contain links to third-party websites or services (“Linked Site(s)”). These Linked Sites are not under Farragut’s control, and we are not responsible for the content, privacy policies, or practices of any Linked Site(s). The inclusion of any link does not imply endorsement by Farragut. If you choose to access a Linked Site(s), you do so at your own risk.

10. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Site, you agree to the collection and use of your information as described in our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference and is available on the Site. If you do not agree with the practices described in the Privacy Policy, you should not use the Site or any of the Services provided through it.

11. Data Collection and Analytics

Farragut uses third-party analytics Services, including Google Analytics, to collect data about how users interact with the Site. This data helps us improve the Site and our Services by understanding user behavior and preferences. Google Analytics uses cookies to collect data, including your IP address, browser type, and the pages you visit on the Site. The information generated by the cookies about your use of the Site is transmitted to and stored by Google on servers in the United States.
By using the Site, and opting in to the use of analytics cookies, you consent to the collection and processing of data by Google Analytics in the manner and for the purposes described in this section and in our Privacy Policy. For more details about how Google collects and processes data, please refer to Google’s Privacy Policy.

No Opt-In/Opt-Out Mechanism

To opt-in or to opt-out of the use of Google Analytics, you can manage your cookie consent preferences in the cookie consent manager via our website’s cookie banner. Additionally, you can manage the use of cookies through your browser settings. If you prefer not to be tracked by Google Analytics, you may also use Google’s Opt-out Browser Add-on to prevent data collection.

12. Disclaimer of Warranties

The Site and all content and Services provided through the Site are offered on an “as is” and “as available” basis without warranties of any kind. Farragut disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARRAGUT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES. IN NO EVENT SHALL FARRAGUT’S TOTAL LIABILITY EXCEED $100 OR THE AMOUNT YOU HAVE PAID FOR SERVICES, WHICHEVER IS GREATER.

14. Notices and Contact Information

If you need to contact Farragut for any legal or administrative purpose, please email us at info@farragut.com or send your communication by mail to Farragut at 2775 Meridian Parkway Durham, NC 27713. You may also contact us by phone at 1.888.422.2626. Farragut may also contact you through email, regular mail, or by posting notices on the Site.

15. Copyright Infringement and DMCA

Farragut respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been used on the Site in a way that constitutes copyright infringement, please send a notice to info@farragut.com including the following information:

1. A description of the copyrighted work that you claim has been infringed.
2. A description of the location of the material on the Site.
3. Your contact information.
4. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on behalf of the owner of the copyright in question.

Farragut reserves the right to remove content in response to valid DMCA notices.

16. Termination

Farragut reserves the right to terminate your access to the Site or the Services at any time, for any reason, without notice. Upon termination, you must cease all use of the Site and Services.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of North Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in North Carolina.

18. Entire Agreement

These Terms, along with Farragut’s Privacy Policy, constitute the entire agreement between you and Farragut regarding the use of the Site and our Services, and supersede any prior agreements.

For any questions, please contact us at info@farragut.com.