Termblocks, Inc., (“Termblocks” “we,” “our,” or “us”) values your privacy. This Privacy Policy (“Policy”) describes how Termblocks collects, uses, discloses, and otherwise processes personal information described in this Policy, as well as the rights and choices individuals may have regarding such personal information.

For additional information about the privacy choices you may have regarding your personal information, please review the Your Privacy Choices section below.

By using our Services (as defined below), you agree that your personal information will be handled as described in this Policy. Your use of our Services and any dispute over privacy, is subject to this Policy and our Terms and Conditions, available at https://www.termblocks.com/legal, including their applicable terms governing limitations on damages and the resolution of disputes.

Scope

Except as otherwise described below, this Policy applies to our online personal information processing activities including, but not limited to: visitors to our website where this Policy is posted, including termblocks.com (the “Site”); individuals who sign up for, or create an account with us to access and use certain features of our services; individuals who register for or participate in our events, surveys, research, or promotions conducted by us; individuals who subscribe to receive news, information, and marketing communications and materials from us; current, former, and prospective business partners, and service providers; and individuals who communicate or otherwise interact or engage with us or the services available through our Site or other online services (collectively referred to as the “Services”).

This Policy applies to the extent we process personal information on our own behalf. Notably, this means that this Policy does not apply to any personal information provided to, or processed within, the Services by our clients. If you have any privacy questions related to your personal information processed through our Services by our clients, you should contact the relevant client directly.

Personal Information Collected

We collect personal information directly from you, from third-party sources, and automatically through your use of the Services. To the extent permitted by applicable law, we may combine the personal information we collect from publicly available or third-party sources. The personal information we collect varies depending upon your use of our Services and our interactions with you.

Personal Information Collected Directly. We may collect the following personal information directly from you:

• Communications and Interactions. When you communicate or interact with us or our Services, including if you sign up for our newsletter, complete forms on our Site, interact with our social media pages, post a product review or testimonial, submit content to the Services, or otherwise engage with us, we may collect your name, email address, phone number, or other similar identifiers, as well as your message, the nature of your inquiry, and any other information you choose to provide.

• Account and Profile Information. When you sign in or create an account in connection with our Services, we may collect your name, email address, employer, phone number, username, and password, as well as any other information used in connection with accessing your account or that you otherwise submit to us through your account.

• Promotional Information. If you agree to receive marketing communications from us, we may collect your contact details, preferences, and if relevant, information about your account and profile, including the Services and features you use.

• Responses and Feedback. If you participate in surveys, questionnaires, or research activities or initiatives conducted by us, such as for market research, user satisfaction, or other similar purposes, we may collect your responses and feedback, and any other information you choose to provide.

• Events and Registration Details. We also may collect personal information related to your participation in our events, as well as other requests that you submit to us related to our Services. For example, if you register for or attend an event that we host or sponsor, we may collect information related to your registration for and participation in such event.

• Preferences and Other Requests. We may collect information about your preferences, including communications preferences, preferences related to your use of our Services, and any other preferences or requests you provide when interacting with us.

• Business Development Information. To assess and pursue potential business opportunities, we may collect and receive personal information about current, former, and prospective business partners, and vendors and service providers, including contact information and other similar identifiers, company and professional-related information, and communications records.

Personal Information Collected from Third Parties. We may collect and receive personal information from third party sources, such as business partners, data analytics and marketing providers, operating systems, social media platforms, public databases, customers and other users, and service providers or other third parties who provide services or perform functions on our behalf.

Personal Information Collected Automatically. We may automatically collect or derive personal information related to your use of our Services, including through the use of cookies, pixel tags, and other similar technologies. This may include:

• Device and Browsing Information. When you use our Services, we may collect browser type, domain name, page views, access times, date/time stamps, operating system, language, device type, unique ID, Internet service provider, referring and exiting URLs, clickstream data, and other similar device and browsing information.

• Activities and Usage. We also may collect activity information related to your use of the Services, such as information about the links clicked, searches, features used, items viewed, time spent within the Services, your interactions with us within the Services, and other similar activity and usage information.

• Location Information. We also may collect or derive general location information, such as through your IP address.

For more information about our use of cookies and other similar technologies, please see the Cookies and Other Tracking Mechanisms section below.

How We May Use Personal Information

We may collect, use, disclose and otherwise process personal information for the following purposes:

• Services and Support. To enable our Services, communicate with you about your use of the Services, provide troubleshooting, technical support, and for similar support purposes, respond to your inquiries, fulfill your requests, and to otherwise run our day-to-day operations.

• Account Creation and Management. To enable account creation and management, including allowing you to create a profile and set preferences.

• Analytics and Improvement. To better understand how users access and use the Services, and for other research and analytical purposes, such as to evaluate, develop, and improve our Services and business operations, and for internal quality control and training purposes.

• Communication. To respond to your questions, send you requested materials and newsletters, as well as information and materials regarding our Services and our offerings. We may also use this information to send administrative information to you, for example, information regarding the Services and changes to our terms and policies.

• Customization and Personalization. To tailor content we may send or display on the Services, including to offer location customization and to otherwise personalize your experiences and offerings.

• Marketing and Advertising. For marketing, advertising, and promotional purposes. For example, to send you promotional information about our Services, including information about sales, discounts, and new offerings, as well any other information that you sign up to receive.

• Research and Surveys. To administer surveys and questionnaires, such as for market research or user satisfaction purposes.

• Insight Development and Data Enhancement. We may combine personal information collected through the Services with other information that we or third parties collect in other contexts to obtain insights into how our Services are used.

• Planning and Managing Events. For event and webinar planning, and other management-related purposes, such as registration, attendance, connecting you with other event attendees, and contacting you about relevant events and Services.

• Security and Protection of Rights. To protect the Services and our business operations, and to protect our rights or those of our stakeholders; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms of Use.

• Compliance and Legal Process. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding, to respond to a subpoena, warrant, court order, or other legal process, or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.

• Auditing, Reporting, and Other Internal Operations. To conduct financial, tax and accounting audits, audits and assessments of our operations, including our privacy, security and financial controls, as well as for risk and compliance purposes. We may also use personal information to maintain appropriate business records and enforce our policies and procedures.

• General Business and Operational Support. To assess and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings, and to administer our business, accounting, auditing, compliance, recordkeeping, and legal functions.

Disclosures of Personal Information

We may disclose the personal information we collect for the purposes described above and as follows:

• Vendors and Services Providers. We may disclose personal information we collect to our service providers, processors, and others who perform functions on our behalf. These may include, for example, IT service providers, help desk, analytics providers, consultants, auditors, and legal counsel.

• Business Partners. Any information that we collect and process on behalf of a business client will be disclosed to the business client and otherwise shared as directed by that business client.

• Third Party Marketing and Analytics Providers. We may disclose or make available personal information to third party platforms and providers that we use to provide or make available certain features or portions of the Services, or as necessary to respond to your requests. We may also make personal information available to third parties to support our marketing, analytics, advertising, and campaign management.

• Compliance and Legal Obligations. We may disclose personal information to third parties to comply with our legal and compliance obligations and to respond to legal process. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements. This may include regulators, government entities, and law enforcement as required by law or legal process. Additionally, it may include certain disclosures that we are required to make under applicable laws.

• Security and Protection of Rights. We may disclose personal information where we believe it is necessary to protect the Services, our rights and property, or the rights, property and safety of others. For example, we may disclose personal information in order to (i) prevent, detect, investigate and respond to fraud, unauthorized activities and access, illegal activities, and misuse of the Services, (ii) situations involving potential threats to the health, safety, or legal rights of any person or third party, or (iii) enforce, and detect, investigate and take action in response to violations of, our Terms of Service. We may also disclose information, including personal information, related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.

• Aggregate and Deidentified Information. Notwithstanding anything else in this Policy, we may use, disclose, and otherwise process aggregate and deidentified information related to our business and the Services with third parties for quality control, analytics, research, development, and other purposes.

• Other Disclosures. We may disclose personal information in other ways not described above, but will notify you and, if necessary, obtain your consent.

Cookies and Other Tracking Mechanisms

We use cookies, pixels, local storage objects, log files, APIs, and other mechanisms to automatically collect browsing, activity, device, and similar information within our Services. We may also engage third-parties or service providers to do the same. We use this information to, for example, analyze and understand how visitors interact with our Services; identify and resolve bugs and errors in our Services; assess, secure, protect, optimize and improve the performance of our Services; conduct marketing and analytics activities; and personalize content in our Services. To manage your preferences regarding cookies, and other tracking mechanisms within our Services, please see Your Privacy Choices below.

Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process, support the security and performance of the Services, or allow us to track activity and usage data within Service.

Pixel Tags. Pixel tags (sometime called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. While cookies are stored locally on your device, pixel tags are embedded invisibly within web pages and online content. We may use these, in connection with our Services to, among other things, track the activities of users, help us manage content and compile usage statistics. We may also use these in HTML e-mails we send, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third-Party Analytics and Tools. We use third party tools, such as Google Analytics, which are operated by third party companies. These third-party analytics companies may use cookies, pixels, and other similar tools to collect usage data about our Services in order to provide us with reports and metrics that help us evaluate usage of our Services and improve performance and user experiences. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/partners/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Your Privacy Choices

We make available several ways that you can manage your privacy choices and submit privacy requests related to your personal information. Some of these choices are browser and device specific, which means that you need to set the preference for each browser and device you use to access our Services. In addition, if you delete or block cookies, you may need to reapply these preferences to each browser and/or device used to access our Services.

These options include:

• Account and Profile Information. You can review and update some of the personal information we maintain about you by logging into your account and updating your profile information directly within our Services.

• Marketing Communications. We may send periodic promotional emails or other similar communications to you, in accordance with applicable law. You may opt-out of these communications by following the instructions provided to you in the communication. If you opt-out of receiving promotional content from us, we may still send you communications about your account or any services you have requested or received from us. Additionally, you can manage your communication preferences in your account settings.

• Cookie Settings. To prevent cookies from tracking your activity on our Site or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The "Help" portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Visitors to our Site who disable cookies will be able to browse the Site, but some features may not function.

• Browser Signals/Do Not Track. Our site currently does not respond to “Do Not Track” signals. However, our site may respond to other opt-out preference signals as may be required by law.

External Links and Features

Our Service may contain links to third-party websites or features or provide certain third-party connections or integrated services. Any access to and use of such linked websites, features, or third-party services is not governed by this Policy. We are not responsible for the information practices of such third parties, including their collection, use, and disclosure of your personal information. You should review the privacy policies and terms for any third parties before proceeding to those websites or using those third-party features or services.

Children’s Privacy

Our Services are not designed for children, and we do not knowingly collect personal information from children under 18. If you are a parent or legal guardian and you believe we have collected your child’s information in violation of applicable law, please contact us using the contact information in the Contact Us section below.

Security

We have implemented safeguards intended to protect personal information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

Changes to this Policy

This Policy is current as of the last updated date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any updates to this Policy on this page. If we make material changes to how we collect, use, or disclose the personal information we have previously collected, we will notify you as required by applicable law.

Contact Us

If you have any questions or concerns regarding this Policy or our privacy practices, you may contact us at legal@termblocks.com.

THESE TERMS OF SERVICE (“TOS”) FORM AN AGREEMENT BETWEEN THE USER ( “You” or “Your”) AND TERMBLOCKS, INC. (“TB”, “Us”, “We” or “Our”) THAT APPLIES EACH TIME YOU USE OR ACCESS OUR WEBSITE, ONLINE PLATFORM SERVICE, SERVICES, MOBILE APPLICATION, AND ASSOCIATED WEBPAGES, PORTALS, APPLICATIONS AND CONTENT (collectively, the “Content”). YOU SHOULD THEREFORE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THE CONTENT AND ITS FUNCTIONALITY. IN PARTICULAR, THIS TOS CONTAINS AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL, AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE CONTENT AND ARE REQUIRED TO EXIT AND/OR UNINSTALL THE CONTENT IMMEDIATELY.

License Grant and Restrictions

This TOS provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Content during the Term specified herein solely for Your personal, internal business use, conditioned on Your continued compliance with all provisions of this TOS (including without limitation any external terms and documentation linked or referenced herein).

When using the Content in accordance with the foregoing license, You shall not directly or indirectly:

• engage in any activity that is illegal, or violates any federal, state, or local law or regulation;

• violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

• use the Content to create any service, software or documentation that performs substantially the same functionality as the Content or otherwise competes with or causes harm to TB’s products, services, or other business operations;

• disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the Content or any of its webpages, content, or features;

• engage in any activity that modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on Our website, including license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any portion of the Content available for access by third parties except as otherwise expressly provided in this TOS;

• encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Content in any service bureau arrangement or otherwise for the benefit of any third party;

• adapt, combine, create derivative works of, or otherwise modify the Content;

• disable, circumvent, or otherwise avoid or undermine any security or authentication device, mechanism, protocol, or procedure implemented in the Content;

• misrepresent Your affiliation with or impersonate any person or entity;

• harass or abuse TB personnel or representatives or agents providing services on behalf of TB;

• use or access the Content for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose;

• remove, obscure, deface, or alter any proprietary rights notices on any element of the Content or accompanying documentation;

• use the Content in any manner which could damage, disable, overburden, or impair the Content or interfere with any third party’s authorized use of the Content;

• engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Content; or

• probe, scan, or test the vulnerability of the Content or any systems or network infrastructure connected with the Content, including without limitation by stress testing or penetration testing.

User Obligations

You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which You have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Content. In addition, You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and information security with respect to Your use of the Content. If You access the Content on behalf of any organization, Your organization shall be bound to this TOS and be liable for any breach by You, and You represent that You have all rights, power, and authority to agree to this TOS on behalf of Your organization.

The Content is not intended for use or access by any individual under the age of thirteen (13) years, and TB does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.

Confidentiality

Unless superseded by a written non-disclosure agreement executed by You and Us, our “Confidential Information” means any information relating to the Content that is disclosed to You by Us in writing or orally and is designated as confidential or proprietary at the time of disclosure, or that due to the nature of the information a person would reasonably understand it to be confidential information. Confidential Information does not include any information that: (i) was or becomes generally known to the public through no fault or breach of this TOS ; (ii) was rightfully in Your possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by You without use of our Confidential Information; or (iv) was rightfully obtained by You from a third party not under a duty of confidentiality and without restriction on use or disclosure. 

You agree to maintain the confidentiality of the Confidential Information for 3 years after Your last access to the Content.  During and after the term, with respect to Confidential Information You will: (a) use Confidential Information solely for the purpose for which it is provided; (b) not disclose such Confidential Information to a third party, except on a need-to-know basis to the disclosing party’s affiliates, attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as those contained herein; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that the receiving party would protect its own Confidential Information of a similar nature.  

Notwithstanding any other provision of these TOS, You acknowledge that, as between You and us, all our Confidential Information You receive from us, including all copies thereof in Your possession or control, in any media, is proprietary to and exclusively owned by us. Nothing in these TOS grants You any right, title or interest in or to any of our Confidential Information, except as provided in these TOS.

Your Account

You may be required to register an account to use the Content or certain features of the Content. Each registration is for a single natural person user only, unless otherwise expressly agreed by TB. Registration for access to and use of the Content may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by TB in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of TB, which may be granted or withheld in its sole discretion. You shall immediately notify TB if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. TB will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Content, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. TB reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if TB suspects that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Content is in violation of applicable law or this TOS.

Electronic Communications

TB may send emails or other electronic messages to You concerning Your use of the Content, including without limitation by providing alerts or notifications within the Content. You consent to receive such electronic communications and You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.

Electronic Signature Consent

You agree Your electronic signature is the legal equivalent of Your manual signature. You further agree that Your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide TB, or in accessing or making any transaction regarding any agreement, acknowledgment, consent, terms, disclosures or conditions constitutes Your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by You in writing. You also agree that no certification authority or other third party verification is necessary to validate Your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of Your E-Signature or any resulting contract between You and TB. You further agree that each use of Your E-Signature in obtaining an account with TB constitutes Your agreement to be bound by the terms and conditions of Our TOS and Privacy Policy as they exist on the date of Your E-Signature.

Submissions

Certain features of the Content may permit You to upload, post, display, transmit, or otherwise provide certain requested information, content, links, files, or other materials to the Content as part of messaging, review, comment, discussion board, or similar functionality on the Content, and/or as part of a survey, questionnaire, promotion, or request for feedback or input regarding the Content (each a “Submission” and collectively “Submissions”). You hereby grant to TB a royalty-free, fully transferable, fully sublicensable license to use, display, copy, perform, reproduce, modify, record, distribute, and create derivative works of Submissions in connection with: (i) TB’s operation of the Content and its features and functionalities; (ii) TB’s development, promotion, and implementation of its products, services, programs, and events; and (iii) TB’s research, development, and other business operations.

In addition, You agree that You will not upload, post, display, or transmit any Submission(s) that:

• is illegal, defamatory, deceptive, fraudulent, discriminatory, tortious, obscene, pornographic, or otherwise objectionable;

• infringes, misappropriates, or otherwise violates the personal or proprietary rights of others;

• contains any virus, malware, worm, Trojan horse, disabling device, or any other harmful or malicious script, code, or tool;

• impersonates any person or entity or falsely states or otherwise misrepresents Your affiliation with a person or entity;

• contains unsolicited communications, promotions, or advertisements, or spam;

• harms, harasses, threatens, or violates the rights of any third party, or promotes, provokes, or incites violence;

• constitutes false advertising, false endorsement, or is otherwise false, misleading, or likely to cause consumer confusion; or

• manipulates data or identifiers in order to misrepresent or disguise the origin of the Submission.

TB may screen, review, edit, moderate, or monitor Your Submissions from time to time at its discretion, but has no obligation to do so. In any event, TB is not responsible to You under this TOS for Your or any other user’s Submissions, and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions. You acknowledge and agree that TB shall have no obligation of confidentiality whatsoever with respect to Your Submissions.

By uploading, posting, displaying, transmitting, or otherwise providing a Submission to the Content, You represent and warrant that: (i) You possess all legal rights required to upload, post, display, and/or transmit each Submission and permit TB to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (ii) each Submission is in full compliance with all applicable laws and regulations; and (iii) Your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party.

TB may disclose any Submission (i) to the extent required by applicable law or regulation; (ii) pursuant to a subpoena or order of a court or regulatory, self-regulatory, or legislative body of competent jurisdiction and (iii) in connection with any regulatory report, audit, or inquiry.

Purchases and Payments

The Content may contain the option for You to purchase certain of TB’s products and services. The applicable fees (and any applicable discounts, if available), license or subscription period, renewal opportunities, and permitted payment methods (e.g., credit or debit) will be specified in the Content at the time of order. All purchases are final and there will be no refunds, credits, or cancellations except as otherwise expressly disclosed at the time of purchase, indicated by TB in writing, or as may be required under applicable law. All transactions are void where prohibited by law. TB may request further information from You in order to confirm the order and method of payment. TB reserves the right to terminate or suspend access to the Content or any related license, subscription, product, or service if You fail to pay any amounts when due. You shall reimburse TB for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified herein, all payment obligations with respect to amounts due to TB in connection with the Content shall survive the expiration or termination of the TOS for any reason.

Upon placing an order, You agree to pay using the payment methods indicated and grant authorization to TB and/or the applicable third party payment-processor to charge Your selected payment methods. TB and/or the applicable third-party payment processor shall charge, and You shall be responsible for, all taxes, tariffs, levies, or duties applicable to Your payment, excluding taxes applied against TB’s net income. Unless otherwise expressly indicated at the time of purchase, all transactions listed through the Content are denominated in U.S. dollars. You are responsible for: (a) the accuracy of all credit and debit card information or other payment method information that You provide to us; and (b) maintaining the confidentiality and security of Your account information, including without limitation with respect to payment methods. You should not disclose Your payment information to anyone. If Your account information is lost or stolen, anyone who obtains possession of either could utilize the payment methods associated with Your account. You are responsible for all transactions on Your account, including unauthorized transactions, that is not Our fault.

License to Services

TB may offer licenses to certain of its products or services (“Services”), whether made available to You through the Content or through a separate purchasing process. Your purchase, use, and access of such Services will be subject to TB’s applicable licensing terms governing the Services, as further described in the order form or other written or electronic agreement between You and TB with respect to the Services (the “Service Agreement”). In the event of any conflict or inconsistency between the terms of the Servicer Agreement and this TOS with respect to Your use of and access to the Services, the terms of the Service Agreement shall control to the extent required to resolve the inconsistency.

Links to Third-Party Services

Certain services, features, or components made available via the Content are delivered by third-party providers. By using any feature, service, or functionality originating from the Content, You hereby acknowledge and consent that TB may share information and data that You submit or upload to the Content with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality, subject to TB’s Privacy Policy.

References or links in the Content to any commercial products or services, or TB’s use or display of any business, firm, corporation, or trade name on the Content, do not constitute endorsement by TB of any such product, service, or entity. TB makes no representation or guarantee whatsoever with respect to any third-party products or services.

TB EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE CONTENT, AND YOU AGREE THAT TB SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, REGARDLESS OF WHETHER SUCH DEALINGS WERE FACILITATED OR PERFORMED IN CONNECTION WITH THE CONTENT.

Third-Party Terms and Conditions

Additional notices, terms, and conditions may apply to services, receipt of or access to certain materials, participation in a particular program, and/or to specific portions or features of the Content, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Content, and the terms of app stores, digital distribution services, or third-party payment processors. Your use of any such third-party feature, tool, application, or API is conditioned on Your acceptance of all third-party terms applicable thereto, and You agree to abide by all such terms in connection with Your use of the Content. You hereby agree that: (i) this TOS operates in addition to any terms of service imposed or required by any such third-party provider; and (ii) the terms of this TOS supplement and do not alter or amend any such third-party terms of service.

Data Privacy

You understand, acknowledge, and agree that the operation of certain features of the Content may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to TB’s Privacy Policy, available on Our website (as updated from time to time), for a summary of TB’s policies and use practices regarding personally identifiable information.

Mobile Usage

The Content may offer various tools or display functionality that are available to You via Your mobile phone or other mobile computing device. Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Content. In addition, downloading, installing, or using the Content on Your mobile device may be prohibited or restricted by Your mobile carrier, and not all functionality on the Content will work with all carriers or devices or in all locations. Therefore, You are solely responsible for: (i) checking with Your mobile carrier to determine if the Content is available for Your mobile device(s); (ii) the restrictions, if any, that may be applicable to Your use of the Content; and (iii) determining and keeping track of the network and data fees or similar charges associated with such use.

Proprietary Rights

All content included as part of the Content, such as text, graphics, logos, and images, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Content, are the property of TB or its applicable third-party licensors, and are protected by copyright and other domestic and international laws governing intellectual property and proprietary rights. TB reserves all rights in the Content not expressly granted herein.

You agree that You do not acquire any ownership rights in any part of the Content under this TOS or through Your use of the Content. TB does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOS.

Indemnification

You agree to indemnify, defend, and hold harmless TB and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) Your violation of this TOS, (ii) Your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, (iii) Your violation of applicable laws, rules, or regulations, and/or (iv) Your Submissions, including without limitation the quality, content, accuracy, legality, or effectiveness thereof, or any communications, transactions, or results arising therefrom. TB reserves the right, in case of any conflict, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with TB in asserting any available defenses.

Disclaimers and Excluded Liability

TB DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TB HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TB DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS, OR THAT THE CONTENT WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. TB FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA OR CONTENT UPLOADED TO, STORED BY, OR TRANSMITTED BY THE CONTENT OR SERVICES, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS.

IN NO EVENT SHALL TB BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY: (A) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR IF TB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DAMAGES WHICH, IN THE AGGREGATE, EXCEED (I) THE TOTAL AMOUNTS PAID BY YOU TO TB FOR USE OF THE CONTENT OVER THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION FIRST ACCRUED, OR (II) IF THERE IS NO SUCH AMOUNT PAID, TEN U.S. DOLLARS (USD$10.00). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED HEREIN.

CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOS, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Term, Termination, and Suspension

This TOS takes effect (or re-takes effect) at the moment You first access or use the Content. TB reserves the right, in its sole discretion, at any time and on any grounds–including, without limitation, any reasonable belief of fraudulent or unlawful activity, or if TB reasonably suspects or determines that You are in violation of this TOS–to deny, terminate, or suspend Your access to the Content or to any portion thereof. Additionally, TB may, in its sole discretion, remove and discard any materials within the Content, for any reason. TB may also in its sole direction and at any time discontinue providing the Content, or any part thereof, with or without notice. You agree that any suspension or termination of Your access to the Content under any provision of this TOS may be effected without prior notice. Further, You agree that TB will not be liable to You or any third party for any such suspension or termination of Your access to the Content.

This TOS terminates automatically if You fail to comply with any provision hereof.  You may also terminate this TOS at any time by ceasing to use the Content, but each re-access or renewed use of the Content will reapply the TOS to You. If this TOS expires or are terminated for any reason: (a) any and all of Your liabilities to Us that have accrued before the effective date of the expiration or termination will survive; (b) licenses and use rights granted to You with respect to the Content, including rights to any intellectual property therein or thereto, will immediately terminate in accordance with this TOS; (c) our obligation to provide any further access to the Content to You under this TOS will immediately terminate, except any such rights that are expressly to be provided following expiration or termination of this TOS; and provisions of this TOS concerning TB’s proprietary rights, licenses to Submissions, confidentiality, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, injunctive relief, and governing law will survive the termination of this TOS for any reason.

Arbitration

In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this TOS or any provisions hereof, whether arising in contract, tort, or any other legal theory, then such dispute shall be resolved exclusively through final, binding, and confidential arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered under the Commercial Arbitration Rules of the American Arbitration Association. The exclusive site of such arbitration shall be in the borough of Manhattan, in the state of New York. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this TOS for any reason.

Class Action Waiver

BY USING THE CONTENT AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS TOS OR YOUR USE OF THE CONTENT. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS TOS AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.

Governing Law and Venue

This TOS is governed by the laws of the State of New York, United States of America, without reference to its principles of conflict of laws. The Content may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOS, including without limitation this paragraph. Subject to the arbitration requirements set forth above, any claim, suit, or other proceeding arising under or in connection with this TOS shall be brought exclusively before the state and federal courts sitting in the borough of Manhattan and You consent to the exclusive jurisdiction of such courts for the final resolution thereof.

Independent Contractors

The relationship between You and TB under this TOS is that of independent contractors, and nothing herein or in Your use of the Content shall be construed as creating any joint venture, partnership, employment, or agency relationship.

Security and Compliance

TB reserves the right to view, monitor, and record Your activity on the Content without notice or permission from You. TB’s provision of the Content is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce TB’s ability to comply with governmental, court, and law enforcement requests or requirements involving Your use of the Content or information provided to or gathered by TB with respect to such use.

Export Controls

You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo; or, (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Content is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.

Severability and Waiver

If any part of this TOS is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed severed from this TOS, and the remainder of this TOS shall continue in full force and effect to the maximum extent permitted under applicable law.

Failure to insist on strict performance of any of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by TB of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Injunctive Relief

Notwithstanding any other provision of these TOS, You acknowledge that any breach, threatened or actual, of this TOS would cause irreparable injury to TB not readily quantifiable as money damages, such that TB would not have an adequate remedy at law. You therefore agree that TB shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of Your obligations, without the necessity of posting bond or other security.

Changes to TOS

TB reserves the right to change the terms and conditions of this TOS by posting a revised set of terms, or mailing and/or emailing notice thereof to You (or such other method as may be required by applicable law). In addition, TB may add, modify, or delete any aspect, component, or feature of the Content, but TB is not under any obligation to provide any upgrade, enhancement, or modification. Your continued use of the Content following any announced change will be deemed as conclusive acceptance of any change to the TOS. Accordingly, please review the TOS on a periodic basis.

Contact Us

If You have any questions or comments regarding this TOS, please contact Termblocks at legal@termblocks.com.

Prior Versions

None