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Terms of Use

Tamarack Defense LLC (“Tamarack” or or “we” or “us” or “our”) owns and operates the tamarackdefense.com web site and certain other web sites where these Terms of Service are posted (each, the “Site”) through which Tamarack provides and makes available a software platform and related services featuring defense industry intelligence insights (collectively with each Site, the “Services”).

The Services generally are provided through the Site and/or after you establish a user account (“Account”) with Tamarack. These Terms of Service (the “Terms”), together with our Privacy Policy any other terms that are made available through the Services, all of which are hereby incorporated by reference (collectively, the “Agreement”) apply to anyone who signs up for a Tamarack Account or otherwise uses the Services. All use of Tamarack Services by you and any other Account holder or user of the Services is subject to the terms and conditions contained in this Agreement.

This Agreement is effective as of 9/22/26

IMPORTANT, PLEASE READ CAREFULLY: Notice of Binding Arbitration and Class Action Waiver.

TO THE GREATEST EXTENT PERMITTED BY LAW, BY SELECTING “I AGREE,” BY CLICKING A BOX OR BUTTON ONLINE, BY TAKING ANY OTHER ACTION INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, OR BY OTHERWISE ACCESSING THE SITE OR USING OUR OTHER SERVICES, YOU IRREVOCABLY AND UNCONDITIONALLY AGREE THAT ANY DISPUTES BETWEEN YOU AND TAMARACK IN RELATION TO THE SERVICES OR THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE AGREEMENT TO ARBITRATE DISPUTES SET FORTH IN SECTION 11 OF THESE TERMS. AS STATED IN THE TERMS OF SUCH AGREEMENT TO ARBITRATE, WHICH ARE HEREBY INCORPORATED BY REFERENCE, ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR CLASS-WIDE PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, NAMELY AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT.

TO THE GREATEST EXTENT PERMITTED BY LAW, BY SELECTING “I AGREE,” BY CLICKING A BOX OR BUTTON ONLINE, BY TAKING ANY OTHER ACTION INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, OR BY OTHERWISE ACCESSING THE SITE OR USING OUR OTHER SERVICES, YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, HAVE THE AUTHORITY TO LEGALLY BIND THE COMPANY OR OTHER ENTITY YOU REPRESENT (“YOU” OR “YOUR”), AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND THE REST OF THE AGREEMENT WITHOUT MODIFICATION. IF YOU CANNOT OR DO NOT AGREE TO BE SO BOUND, THEN YOU DO NOT HAVE PERMISSION TO USE THE SERVICES AND YOU MUST NOT ACCESS OR USE ANY TAMARACK SERVICES. THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR AS AN ENTITY) AND TAMARACK AND GOVERNS YOUR ACCESS TO AND USE OF OUR SERVICES. THE SERVICES ARE NOT AVAILABLE TO ANYONE WHO IS NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS AGREEMENT. YOUR RIGHTS TO USE THE SERVICES ARE FURTHER LIMITED BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.

You understand and agree that Tamarack may amend or modify these Terms or other parts of the Agreement from time to time. Please check these Terms periodically for changes. If we make any material modifications, we will use commercially reasonable efforts to notify you and will update the date at the top of these Terms and maintain a current version of these Terms on this page. All modifications will be effective when they are posted, and your continued access to or use of the Services will serve as confirmation of your acceptance of those modifications. If you do not agree to the modified Terms, then you must discontinue your use of the Services.

This Agreement applies only to the Services identified above. Other sites, apps, social media accounts, or other content Tamarack makes available to you may have their own terms and conditions that should be reviewed.

Tamarack may provide special promotions and other offerings through the Services that could have additional terms and conditions or rules. If any portion of this Agreement conflicts with the special terms or rules for any such promotional offering, the conflicting portion of the special terms or rules will govern for that specific promotional offering unless stated otherwise.

Section 1: Provision of Services

1.1 Purpose of the Services. The purpose of the Site is to provide you with information about and access to the Tamarack Services, including the variety of features and ways in which you can use such Services. The Services are intended for informational purposes as well as for other interactive uses as set forth in these Terms. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. You agree you will only use the Tamarack Services for their intended purposes, and not for other commercial ventures without first securing prior express written approval from Tamarack. You may not use the Site or any other Services to establish any independent data files, databases, compendiums, or any other reference materials.

1.2 License/Grant of Rights. Subject to your compliance with this Agreement (including the payment of any applicable fees or charges), Tamarack hereby grants to you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right and license to access and use the Services and any related Tamarack Content (defined in Section 2.2, below) in a manner that is consistent with these Terms for the duration of your access to and use of the Services. You agree this is the grant of a license, not a transfer of title, and under this license you may not attempt to decompile or reverse engineer any software contained on or through our Services or transfer the content of our Services to another person or “mirror” the content on any other server. Tamarack reserves the right to terminate this license for any or no reason and at any time without notice to you, including without limitation, for breach of any of these Terms. All rights not expressly granted to you are reserved by Tamarack and its licensors. There are no implied rights.

1.3 Accounts. To use the Services, you may have to register for a Tamarack Account (“Account”). If you create an Account, you are required to provide your name and email address, and you must select a password to secure your Account. You are responsible for maintaining the security and confidentiality of your password and other Account information and agree that you are solely responsible for all losses incurred due to someone else using your Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action as we deem necessary or reasonable to ensure the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree that you will be responsible for all activities occurring under your Account and for keeping your password secure. To the extent permitted by applicable law, in no event and under no circumstances shall Tamarack be responsible or liable to you for (a) the violations of anyone using your Account, and/or (b) any liabilities or damages related to any unauthorized access to your Account or the use of your Account or password. You shall provide Tamarack with prompt notice if you suspect your Account access information may have been compromised. If you become aware of any violation of this Agreement in connection with any person’s use of the Services under your Account, or of any unauthorized access to or use of your Account, you agree to immediately notify Tamarack of any unauthorized use of your username and password or any other breach of security you know about in relation to the Services. You further agree not to register for (i) more than one Account, (ii) an Account on behalf of any individual other than yourself without authorization, or (iii) an Account on behalf of any third-party entity or group. Without limiting any of its other rights or remedies, Tamarack reserves the right to suspend your access to the Services if Tamarack reasonably believes that you have materially violated the restrictions and obligations in this Agreement. If Tamarack suspends or terminates your Tamarack Account, you acknowledge that all information and content associated with your Account will no longer be available to you.

1.4 Text Message Communications. Tamarack and/or our third-party service partners may send you SMS or text messages that include updates, alerts, announcements, and other promotional information in relation to the Services, and such messages may be sent using an automatic telephone dialing system or other automated technology. You must consent to receive automated SMS or text messages. By consenting to Tamarack’s SMS/text messaging Service, you agree to receive recurring SMS or text messages sent by or on behalf of Tamarack to the phone number you provided, even if that phone number is registered on any state or federal Do Not Call list. You understand that you do not have to sign up for the SMS or text messaging program as a condition of using the Tamarack Services. Your participation in our SMS/text messaging Service is completely voluntary.

1.4 (A)You may opt-out of receiving automated SMS or text messages sent by or on behalf of Tamarack at any time. If you wish to opt-out of receiving automated SMS or text messages from Tamarack, please reply with STOP or otherwise follow the unsubscribe or opt-out instructions in any such message. You may receive a one-time opt-out confirmation text message, but no further messages will be sent to your mobile device unless you initiate such messages.

1.4 (B) For support or assistance related to Tamarack’s SMS/text messaging Service, text HELP in response to any message you receive or contact Tamarack using the information at the end of these Terms.

1.4 (C) Tamarack may change any short code or telephone number we use to operate the SMS/text messaging Service at any time and will use commercially reasonable efforts to notify you of these changes. You acknowledge that any messages you send to a short code or telephone number we have changed, including any STOP or HELP requests, may not be received and we will not be responsible for honoring requests made in such messages. You agree that you are responsible for providing and maintaining a valid and accurate mobile phone number for use in connection with Tamarack’s SMS/text messaging Service. If you plan to get a new phone number, then you must opt-out of Tamarack’s SMS/text messaging Service prior to changing your number and sign up for this Service again with the new number. Tamarack and any applicable mobile phone or wireless carriers are not liable for any delayed or undelivered messages.

1.4 (D) Standard data usage fees may be charged by your mobile phone or wireless carrier when receiving SMS or text messages, so please be aware of such fees.

1.5 Eligibility Requirements. By agreeing to these Terms, you represent and warrant that you meet the following minimum requirements (“Eligibility Requirements”): (a) you have the necessary rights and authority to enter into and perform the obligations required of you as an Account holder or user of the Services under these Terms; (b) all account and billing information, and all data and information which you transmit using the Services (collectively, “Account Data”) is and will remain within your right to use and is accurate, complete and current; (c) your use of the Services will comply with all applicable laws and regulations; and (d) you will not infringe the rights of any third party (including, without limitation, any intellectual property rights or privacy rights) in your use of the Services.

1.6 Mobile Services. Certain Services that are available via a mobile device including, without limitation: (a) the ability to upload content through the Services via a mobile device; (b) the ability to receive and reply to messages and receive and send text messages from a mobile device; and (c) the ability to browse the Services from a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may apply to your use of such Mobile Services.

1.7 Restrictions. You agree you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from Tamarack. You shall not (and shall not allow any third party to): (a) permit any third party to access or use the Services except as set forth in this Agreement; (b) alter, modify, debug, reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to any software (including source code) associated with the Services; (c) use any unauthorized robot, spider, scraper, or other automated means to access the Services, or engage in any scraping, data-mining, harvesting, data aggregating or indexing of the Services; (d) create any derivative works based on the Services; (e) remove any proprietary notices, labels, or marks from the Services or associated content; (f) frame or mirror any content forming part of the Services; (g) access the Services to build any competitive product or service; or (h) copy any ideas, features, functions or graphics of the Services.

1.8 Artificial Intelligence. You agree that you shall not use Tamarack Content (defined in Section 2.2, below) or any other data available through the Services, including without limitation forecasts, reports, databases, exports, or derived data, to train, fine-tune, evaluate, distill, improve, or develop any machine learning, large language model, generative or agentic artificial intelligence model, or any similar artificial intelligence system (collectively, “AI”) without Tamarack’s prior express written consent. You shall not use Tamarack Content or other data or materials available through the Services to create, support, benchmark, or operate a competing database, intelligence service, analytics platform, or AI model or system. If you use an independent AI model in connection with the Services, including your own model, and such model is misconfigured or uses data for training without authorization as a result of your interaction with the Services, you acknowledge and agree that Tamarack is not responsible or liable for any resulting damages. To the extent you interact with any AI chatbot while using our Services, you agree that the content of your chat conversations may be accessed or stored by the third-party provider of the chatbot.

1.9 Retention Limits. You agree that Tamarack has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted through the Services. You acknowledge that Tamarack reserves the right to terminate Accounts that are inactive for an extended period of time. You further acknowledge that Tamarack reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

1.10 Account Holder Cooperation. As a Tamarack Account holder, you agree that you shall: (a) reasonably cooperate with Tamarack in all matters relating to the Services; (b) respond promptly to any Tamarack request to provide information, approvals, authorizations, or decisions that are reasonably necessary for Tamarack to provide the Services in accordance with the terms of this Agreement and applicable law; and (c) provide such materials or information as Tamarack may reasonably request so that we can provide the Services and ensure that such materials or information are complete and accurate in all material respects.

1.11 Usage Data. Notwithstanding anything to the contrary in this Agreement, Tamarack may monitor your use of the Services and collect, compile, and use data, including information related to or derived from your use of the Services and any content you submit through the Services (“Usage Data”). Such Usage Data could be used, among other reasons, to compile statistical and performance information related to the Services. You agree that Tamarack may collect, analyze, and otherwise process Usage Data for its own business purposes, including for security and analytics, to enhance the Services, and for other development, marketing, promotional, and commercial purposes and in any manner permitted under applicable law.

1.12 Modification of the Services. Tamarack may modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. Tamarack will have no liability for any change to the Services, including any paid-for functionalities of the Services, or any suspension or termination of your access to or use of the Services. You should retain copies of any content you submit through the Services as needed so that you have access in the event the Services are modified and you lose access to such content.

Section 2: Intellectual Property Rights and Ownership

2.1 Account Data. Your Account Data shall be considered your data and shall be subject to the license grant provisions of Section ‎2.6, below. Any Account Data you provide on or through the Services, which includes any comments, images, photos, designs, drawings, ideas or other information, material or content you make available in any form is made available to Tamarack on a non-proprietary and non-confidential basis.

2.2 Tamarack Content. With the exception of your Account Data, all other content or material available on or through the Services is the property of Tamarack or its licensors including, but not limited to, all marks, logos, names, text, data, forecasts, methodologies, taxonomies, databases, documents, messages, pictures, graphics, video, audio, graphics, links, software and its underlying code, domain names, or other electronic files, as well as any derivative works created from any of the foregoing (collectively, the “Tamarack Content”). All Tamarack Content is either owned by Tamarack or made available to Tamarack through arrangements with third parties, regardless of whether such materials are processed or transformed through AI models or systems. Subject to the terms of this agreement, including any related order forms or statements of work, TD grants you the non-exclusive, non-transferable, limited right to access and use the Services during the term of your paid subscription for internal business purposes only.

2.3 Intellectual Property Rights. Certain elements of Tamarack Content available through the Services including, but not limited to, text, graphics, photographs, images, video, audio, color selections, organization and layout, are protected by United States and international copyright laws or other applicable intellectual property laws. Any Tamarack Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works from, or reverse engineered without permission, except that you may create reports or presentations using excerpts of Tamarack Content solely for your internal business purposes, provided that you credit Tamarack as the source of the excerpted data, content, or material. Unauthorized use of any Tamarack Content may result in violation of copyright, trademark, and other applicable laws related to intellectual property protections.

2.4 Restriction on the Use of Tamarack Content. You acknowledge that no right, title, or interest in or to any Tamarack Content is transferred to you as a result of you accessing, downloading, or printing Tamarack Content from the Services, and you will not use, copy or display Tamarack Content except as permitted under this Agreement. No other use is permitted without Tamarack’s prior written consent. Without limiting the generality of the foregoing, you may not upload Tamarack Content to publicly available AI models or systems that may use submitted materials to train models or provide outputs to third parties. You must retain and display all copyright, trademark, and other proprietary notices contained in the Tamarack Content on any authorized copy you make of Tamarack Content. You may not sell, transfer, assign, license, or sublicense any Tamarack Content. The use or posting of any Tamarack Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Tamarack Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of Tamarack Content. Tamarack Content includes, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party Tamarack Content.

2.5 Trademarks. TAMARACK DEFENSE and other trademarks, service marks, and logos of Tamarack (the “Tamarack Trademarks”) used and displayed on or through the Services are registered or unregistered trademarks or service marks of Tamarack. Other company, product, and service names, logos, or marks available through the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks” and, collectively with the Tamarack Trademarks, the “Trademarks”). Nothing available on or through the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or through the Services without the prior written consent of Tamarack for each such specific use. Use of any Trademark as part of a link to or from any web site is prohibited without Tamarack's prior written consent. All goodwill generated from the use of any Tamarack Trademark shall inure to Tamarack’s benefit. All rights not expressly granted herein are reserved to Tamarack.

2.6 Account Data License Grant. You hereby grant to Tamarack and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your Account Data for the purposes of: (a) displaying and demonstrating the capabilities and functioning of the Services; (b) improving or marketing the Services, in any media now known or hereafter developed; and/or (c) for any other purposes to which you consent, without compensation to you or any other provider of Account Data.

2.7 Feedback. To the extent you provide us with any feedback, comments or suggestions regarding the design, functionality or operation of the Services (the “Feedback”), Tamarack will own all rights in the Feedback and may freely use and incorporate the Feedback into the Services or any of our current or future products or Services without any compensation to you.

Section 3: Term and Termination

3.1 Term, Termination, and Automatic Renewal. Your rights to access the Services shall begin when you register to set up an Account or otherwise access and begin using the Services. Unless you are otherwise notified, agree to, and are allowed by Tamarack, the term of this Agreement shall continue for as long as you maintain an Account or use the Services (the “Term”).

3.2 Tamarack Right of Termination. Tamarack reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, your Account, and/or your access to all or any part of the Services at any time and for any reason without prior notice or liability including, without limitation, in response to your breach of any of these Terms.

3.3 Effects of Termination. Upon termination of this Agreement: (a) all rights Tamarack granted to you shall terminate and Tamarack shall no longer provide you with access to the Services; (b) you shall cease using the Services; and (c) Tamarack shall delete all of your Account Data.

Section 4: Payments and Taxes

4.1 Fee Changes. Tamarack reserves the right to increase its fees (or to begin charging fees for any free version of the Services) upon at least thirty (30) days’ advance notice on the Site, provided that such changes will not apply to fees or charges paid or used prior to the time of the change.

4.2 Taxes. All amounts due hereunder are exclusive of all sales, use, excise, service, value added, or other taxes, duties and charges of any kind (whether foreign, federal, state, local or other) associated with this Agreement, the Services, or your access to the Services. You shall be solely responsible for all such taxes, duties, and charges, as applicable.

4.3 Payments. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We shall not be liable in the event others acting with or without your permission use your credit card or other means of payment to make purchases on or through the Services; provided, however, that you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your payment information.

Section 5: Acceptable Use Policy

5.1 Interactions with Others. In using the Services, you may interact with other Account holders and users of Tamarack Services. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with the terms of this Agreement. Tamarack is not responsible for the conduct of any other Account holder or user of the Services who may interact with you, regardless of whether it is done through the Services. Tamarack cannot guarantee that any information or material you receive from other users of the Services is accurate, complete, reliable, or updated on any regular basis. Tamarack has no direct control over any information or material you receive from other users of the Services, and therefore Tamarack is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any information or material you receive from other users of the Services. None of the information or material you receive from other users of the Services is fact-checked or maintained by Tamarack.

5.2 Compliance with Applicable Law. You agree that you are responsible for your Account Data and your use of the Services. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including, but not limited to United States export control laws and any other laws regarding the transmission of technical data exported from your country of residence. You agree that you are solely responsible for your compliance with all such laws and regulations.

5.3 Prohibited Conduct. In connection with your access to and/or use of the Services, you agree that you will NOT:

  • Use, copy, modify, create derivative works of, sublicense, transfer, sell or otherwise commercially exploit the Services or any Tamarack Content;

  • Transmit anything that imposes an unreasonable or disproportionately large strain on Tamarack’s network or computer infrastructure;

  • Upload or post any inappropriate or offensive content;

  • Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Services;

  • Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Services or our computers, servers or networks, or to any computers or systems used by other users of the Services;

  • Use the Services in a manner that could destroy, damage, interfere with or impair any portion of the Services or any computers, systems, hardware, or software used by Tamarack or other users of the Services;

  • Make unauthorized attempts to modify any information stored through the Services;

  • Attempt to defeat or circumvent security features, or to use the Services for any purpose other than their intended purposes;

  • Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations; and/or

  • Provide false or misleading information.

This list of prohibitions is not exclusive. Tamarack reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, your Account, and/or your access to all or any part of the Services without prior notice or liability in response to your breach of this Acceptable Use Policy or any other term in this Agreement. Tamarack reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability in the event of any apparent violation of this Agreement.

Section 6: External Sites and Services

6.1 External Sites. The Site and certain other Services contain links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The display of links is not meant to imply that Tamarack guarantees, approves, or recommends the External Sites or any information, products, or services available on or through those External Sites. The content of such External Sites is developed and provided by others, and the links are not meant to indicate any association between the External Sites and Tamarack. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. Tamarack is not responsible for the content of any linked External Sites including, without limitation, any links displayed on such External Sites, and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk, and will be subject to the terms of service, privacy policies, and other agreements or policies applicable to such External Sites.

6.2 Interaction with Social Media. Tamarack may also allow for integration and other interactions between the Services and other third-party social media platforms. This may include integration with third-party buttons or plugins available on or through the Services that when used, may allow you to share content from our Services or other content with other persons on or through the third-party social media platforms or elsewhere. Please consult the privacy policies of these third-party services before using them to make sure you are comfortable with the respective level of sharing. Tamarack has no control over these third-party social media platforms and you use these interaction functions at your own risk. Tamarack is in no way liable for any harm to you as a result of using one of these social media interaction functions.

Section 7: Warranty Disclaimers

7.1 Disclaimers. TO THE EXTENT PERMITTED BY LAW, Tamarack MAKEs NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS ABOUT THE SITE, SERVICES, AND/OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING YOUR ACCOUNT DATA AND TAMARACK CONTENT. Tamarack EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES AND SUCH CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. Because CREATING TAMARACK CONTENT and PROVIDING THE services requires making uncertain predictions and estimates, TAMARACK disclaims all responsibility for losses or damages you MAY incur as a result of your reliance on TAMARACK CONTENT OR ANY OTHER information AVAILABLE THROUGH THE services. Tamarack SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ACCOUNT DATA, TAMARACK CONTENT, OR ANY OTHER INFORMATION CONVEYED ON OR THROUGH THE SERVICES OR FOR ERRORS, MISTAKES, OMISSIONS, DATA LOSS, DATA CORRUPTION THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. WITHOUT LIMITING THE FOREGOING, Tamarack MAKES NO WARRANTY THAT THAT THE TAMARACK CONTENT OR SERVICES ARE FREE FROM MISTAKES, ERRORS, OR DEFECTS. YOU ACKNOWLEDGE AND AGREE THAT YOU USE ANY ACCOUNT DATA, TAMARACK CONTENT, AND THE SERVICES AT YOUR OWN RISK.

7.2 Additional Disclaimers. Tamarack DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR DISABLING OR HARMFUL CODE OR FEATURES. Tamarack DOES NOT WARRANT THAT THE TAMARACK CONTENT OR SERVICES WILL BE UNINTERRUPTED OR SECURE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA DUE TO DATA LOSS OR DATA CORRUPTION, Tamarack SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

7.3 Services Provided “As Is”. TO THE EXTENT PERMITTED BY LAW, TAMARACK CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). Tamarack DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, Tamarack MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.

Section 8: Limitations of Liability and Damages Cap

8.1 Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Tamarack BE LIABLE TO YOU OR ANY ACCOUNT HOLDER OR OTHER USER OF THE SERVICES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES RESULTING FROM LOST OR CORRUPT DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF Tamarack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (i) THESE TERMS; (ii) THE USE OF OR INABILITY TO USE THE SERVICES; (iii) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (iv) ANY CLAIM ATTRIBUTABLE TO SECURITY BREACHES, ERRORS, OMISSIONS, OR INACCURACIES THAT OCCUR OR ARE AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (v) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY LINKS AVAILABLE ON OR THROUGH THE SERVICES. FURTHER, Tamarack SHALL NOT BE LIABLE IN ANY WAY FOR ANY THIRD-PARTY SERVICES OFFERED THROUGH THE SERVICES.

8.2 Damages Cap. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE TOTAL AGGREGATE LIABILITY OF Tamarack FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU OR THE APPLICABLE ACCOUNT HOLDER(S) TO Tamarack IN THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.

8.3 Basis of the Bargain. YOU AND Tamarack (COLLECTIVELY, THE “PARTIES”) AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 SHALL APPLY NOTWITHSTANDING THAT ANY REMEDY MAY FAIL ITS ESSENTIAL PURPOSE.

8.4 Scope of Applicability. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF Tamarack TO ANY ACCOUNT HOLDER OR OTHER USERS OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8.5 Remedy. IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Section 9: Indemnification

9.1 Account Holder Indemnification. You agree to defend, indemnify, and hold Tamarack and its affiliates harmless from and against any claims, actions, demands, losses, costs, damages, liabilities, judgments, awards, and expenses including, without limitation, reasonable legal and accounting fees, costs of defense and direct, indirect, punitive, special, individual, consequential, or exemplary damages Tamarack suffers in relation to or resulting from, or for the purpose of avoiding, any third-party claim or demand that relates to: (a) your breach of these Terms or any other portion of this Agreement; (b) your access to, use, or misuse of the Services, or the use of the Services by any person or entity using your Account; or (c) any violation of an applicable law or regulation by you through your use of the Services.

9.2 Indemnification Process. Tamarack shall provide notice to you of any such indemnification claim, suit, or proceeding. Tamarack reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 9. In such case, you agree to cooperate with any reasonable requests in assisting Tamarack's defense of such matter. Your indemnification obligations shall survive the termination this Agreement.

Section 10: Children’s Information

10.1 Services Not Intended for Minors. The Services otherwise are not directed at, marketed to, nor intended for, individuals under 18 years of age. No one under the age of 18 is authorized to use the Services, and minors younger than 18 are not permitted to provide any information on or through the Services without the verified consent of any such minor’s parent(s) or legal guardian(s). If you are under 18 years of age, DO NOT: use or provide any information on or through the Services; use any of the Services’ features; use any interactive or public commenting feature on the Services; and/or provide any information about yourself to Tamarack.

10.2 Notice and Request Process. Tamarack does not and will not knowingly collect or request any information, including personal information, from any person under 18 years of age without the consent of the minor’s parent(s) or legal guardian(s). If Tamarack learns that we have received personal information from any person under 18 years of age without the appropriate consent of the minor’s parent(s) or guardian(s), Tamarack will delete that information. If you are a parent or legal guardian of a child under the age of 18, and believe your child may have used or uploaded or posted information through the Services inadvertently or without authorization, and such information is publicly available, or if you believe Tamarack might otherwise have information from or about any person under 18 years of age, please contact us immediately at contact@tamarackdefense.com.

Section 11: Agreement to Arbitrate Disputes, Jury and Class Action Waiver

11.1 No Class Action or Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TAMARACK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THE PROVISIONS OF THIS SECTION 11, AND THAT YOU AND TAMARACK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

11.2 Agreement to Arbitrate Disputes. For any dispute you have with Tamarack, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Account or otherwise associated with your Order. If Tamarack hasn’t been able to resolve the dispute with you informally, you agree that any claim, dispute, or controversy arising under or relating to this Agreement shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, including its rules for emergency measures of protection, except to the extent that the Commercial Arbitration Rules of the AAA may be interpreted to require the parties to produce documents, witnesses, or information at a time other than at a hearing without the parties’ mutual consent. In the event more than one (1) demand for arbitration is filed in connection with this Agreement, the demand filed with the AAA office having jurisdiction over proceedings in the State of Florida shall take precedence, and any other demand shall be withdrawn and presented in the Florida filing. The arbitrator will apply the substantive laws of the State of Florida, without reference to its conflict of laws provision. Arbitration shall be held in Miami, Florida, and shall include an award of reasonable attorneys' fees (and the amount of such fees) to the prevailing party. The arbitrator's award shall be final and binding, and judgment thereon may be entered in any court having jurisdiction over the party against which enforcement is sought; provided that any such award rendered by the arbitrator shall be strictly in conformance to and in accordance with the terms and conditions of this Agreement, including the limitation of liability provisions contained herein. The parties undertake and agree that all arbitration proceedings conducted under this Section 11 shall be kept strictly confidential, and all information, documentation, or materials in whatever form disclosed during such arbitration proceedings shall be used solely for the purpose of those proceedings. Other than those matters involving injunctive relief as a remedy or any action necessary to enforce the award of the arbitrator, the parties agree that the provisions of this Section 11 are a complete defense to any suit, action, or other proceedings instituted in any court or before any administrative tribunal with respect to any dispute or controversy arising under or relating to this Agreement. Nothing in this Section 11 shall prevent Tamarack from exercising its rights to terminate this Agreement as specified herein, or from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Services. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason.

11.3 Governing Law. This Agreement, including these Terms, and any action related thereto will be governed and interpreted by and under the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Section 12: Miscellaneous

12.1 International Concerns. Tamarack operates the Services from the United States. We make no claims concerning whether the Services, including without limitation any Tamarack Content, may be downloaded, viewed, or appropriate for use outside of the United States. If you access the Services or Tamarack Content from outside of the United States, you do so at your own risk and are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws or complies with data privacy or sharing regulations. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By using the Services, you agree and acknowledge that information about you, including any personal information, may be transmitted to, processed in, and stored in the United States.

12.2 Export Controls. The United States controls the export of software products and technical data. You expressly agree to comply with such restrictions and not to export or re-export any portion of the Services to countries or persons prohibited under U.S. export control laws. By accessing, using, or downloading any portion of the Services, you are expressly agreeing that you are not in a country where such export is prohibited or a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Services and any Tamarack Content.

12.3 No Responsibility for Technical Issues. Tamarack is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Tamarack’s computer or network systems, including any Tamarack hardware or devices, that may or may not result in the disclosure of any personal information you provided to us. Tamarack does not assume any liability or responsibility for your use of the Internet or the Services including, but not limited to, any change your computer, device, or related systems may sustain as a result of accessing or using the Services.

12.4 Notice for California Residents. If you are a California resident, in compliance with your rights under California Civil Code Section 1789.3, you have the right to contact Tamarack with any complaints or to seek additional information. You may email Tamarack at contact@tamarackdefense.com. For any physical documents, you may send mail to 1200 South Pine Island Rd., Plantation, FL 33324. If California users have any questions or complaints about Tamarack, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210. Hearing impaired persons may call 1-800-735-2929 via TTY device.

12.5 Waiver. Any failure of Tamarack to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Tamarack unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

12.6 Severability. If any provision of this Agreement is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect to the extent permitted by law.

12.7 Interpretation. Headings are provided for convenience only and will not be used to interpret the substance of this Agreement. Unless the intent is expressly otherwise in specific instances, use of the words “include,” “includes,” or “including” in this Agreement shall not be limiting and “or” shall not be exclusive.

12.8 Entire Agreement and Survival. This Agreement constitutes the entire agreement of the parties with respect to the Services and supersedes all prior communications, promises, and proposals, whether oral, written, or electronic, between you and Tamarack, with respect to the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination or expiration of this Agreement.

If you need to contact Tamarack for any reason, please use the following contact information:

Address: 1200 South Pine Island Rd., Plantation, FL 33324

Email: contact@tamarackdefense.com