TERMS OF USE

TPM Focus, LLC Website Terms of Service (Updated July 1, 2018)

By accessing the TPM FOCUS website, you are agreeing to be bound by these site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this site are protected by applicable copyright and trademark law.

Restrictions on Use

Without limiting the generality of these Terms, you specifically agree not to do the following while using this Website:

·       Use this Website for illegal or unauthorized uses;

·       Impersonate any person or entity;

·       "Stalk" or harass other users or persons;

·       Harm minors in any way;

·       Falsely state or misrepresent your affiliation with another person or entity;

·       Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;

·       Access or use the account of another user without permission;

·       Solicit, spam or otherwise advertise to users and/or business using Our Content or this Website;

·       Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or other messages for any purposes;

·       Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

·       Interfere with, disrupt, or destroy the functionality or use of any features of this Website;

·       Interfere with, disrupt, or destroy the servers or networks connected to this Website, or disobey any rules or regulations applicable to such servers or networks;

·       "Hack" or access without permission our proprietary or confidential records, those of another user, or those of anyone else;

·       Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure Terms);

·       Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);

·       Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from this Website;

·       Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, this Website; and/or

·       Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to this Website or Our Content;

·       Submit fake information in forms on this Website or Our Content;

We are the sole and exclusive copyright owners of this Website and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregated user review ratings, reports and other usage-related data. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with this Website and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to this Website, Our Content or our IP Rights.

Copyright Infringement

If you believe that your copyright has been or is being infringed upon by material found in this Website, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the "DMCA"). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:

·       Identify in writing the copyrighted material that you claim has been infringed upon;

·       Identify in writing the material on this Website that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);

·       Include the following statement: "I have a good faith belief that the use of the content on this Website as described above is not authorized by the copyright owner, its agent, or law";

·       Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf."

·       Provide your contact information including your address, telephone number, and e-mail address;

·       Provide your physical or electronic signature; and

Send the written email communication to: legal@tpmfocus.com Re: Copyright Infringement

Disclaimer

The materials on TPM FOCUS website are provided “as is.” TPM FOCUS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TPM FOCUS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its site or otherwise relating to such materials on any sites linked to this site.

Limitations

In no event shall TPM FOCUS or its suppliers or partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the TPM FOCUS website, even if TPM FOCUS or its authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errors

The materials appearing on the TPM FOCUS website could include technical, typographical, or photographic errors. TPM FOCUS does not warrant that any of the materials on its site are accurate, complete, or current. TPM FOCUS may make changes to the materials contained on its site at any time without notice. TPM FOCUS does not, however, make any commitment to update the materials.

Privacy and Security

We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of this Website, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than TPM Focus. Such hyperlinks are provided for your convenience. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. 

Limitation of Liability

Under no circumstances will we be liable for any special, indirect, consequential, incidental, or punitive damages arising out of your use of this website or any products or services included or advertised in this website, including without limitation the performance or non-performance of any venue in connection with the services, whether the claim for damages is based on contract, tort, or otherwise. In no event shall our total liability to you exceed the amount you paid to us, if any, for the use of this website.

Indemnity

You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of this Website, or products or services included or advertised in this Website; or (iii) your breach of these Terms.

Site Terms of Use Modifications

TPM FOCUS may revise these terms of use for its website at any time without notice. By using this site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law/Dispute Resolution

Any claim relating to the TPM FOCUS website shall are governed exclusively by the laws of the State of Georgia and the United States.  THE TERMS OF THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  YOU WAIVE THE RIGHT TO JURY TRIALS OR CLASS ACTIONS.  TERMS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to TPM Focus and should be addressed to: legal@tpmfocus.com ("Notice Email Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If TPM FOCUS and you do not reach an agreement to resolve the claim within 180 days after the Notice is received, you or TPM FOCUS may commence an arbitration proceeding.  Only one arbitrator, agreed upon by both parties, will be hired to provide resolution in accordance with the American Arbitration Association terms.   The place of arbitration take place in Atlanta, Fulton County, State of Georgia.  Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

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