Terms of Use

1. AGREEMENT RELATING TO USE OF THE WEB SITE

A. Thank you for visiting our web site! The Targamite Web Site and any related Internet-based sites, networks and properties (collectively the “Targamite Site”) is owned and operated by Targamite LLC. (“Targamite”). These terms and conditions (“Terms”) govern your use of the Targamite Site and related applications and services. By using the Targamite Site and related applications and services, you indicate your agreement to these Terms without qualification or modification. If you do not accept these Terms, please do not use the Targamite Site and related applications and services. These Terms may be changed in the future by us without further notice. Your continued use of the Targamite Site and related applications and services after any such changes constitutes your acceptance of such new terms and conditions.

B. In addition, when using particular Targamite owned or operated applications and services, you will be subject to any special guidelines, policies and/or rules applicable to such applications and services, which may be posted from time to time. All such guidelines, policies and/or rules are hereby incorporated by reference into these Terms.

2. USER REQUIREMENTS AND ACKNOWLEDGEMENTS

A. Targamite provides or will provide users with access to many valuable applications, including proprietary robotic graphic sequencing applications, pictorial-text user manuals, audio-video user manuals, PC and mobile device games, on-demand video streaming, branded content and programming, user content and programming, user chat forums, integrated payment and funds collection systems, and membership services through its network of applications and other services which may be accessed through any medium or device now known or hereafter developed (collectively the “Applications”).

B. In consideration of your use of the Targamite Site, you represent that you are of legal age to form a binding contract and to utilize the Applications provided by the Targamite Site and that there are not restrictions to your access to and use thereof under the laws of the United States or other applicable jurisdiction. You further represent that any party whom you invite to participate in any Applications with you is also of legal age as described above. It also is your responsibility to determine whether any of the Targamite Site pages, Applications and/or Content (as defined in Section 6 below) are appropriate for you and any other party whom you invite to participate with you.

C. You acknowledge and accept that the Targamite Site may include advertisements, solicitations and certain communications from Targamite, such as service announcements and administrative messages. You acknowledge and accept that any new features augmenting or enhancing the current Targamite Site, including the release of new Targamite Applications, shall be subject to these Terms.

D. Your correspondence or business dealings with, or participation in promotions of, third party sellers, distributors, and/or advertisers found on or through the Targamite Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that Targamite shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party sellers, distributors, and/or advertisers on the Targamite Site.

E. The Targamite Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Targamite has no control over such sites and resources, you acknowledge and agree that Targamite is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Targamite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

F. You understand and agree that the Targamite Site and the Applications are provided “AS-IS” and that, while the Targamite strives to provide a satisfying experience for all of its Targamite Site users, the Targamite assumes no responsibility for the temporary unavailability of the Applications or the timeliness, transport, deletion, mis-delivery or failure to store/retrieve any user commands, data, communications or personalization settings in connection with the Targamite Site.

G. The Targamite Site provides or may provide functionality that allows or may allow users to perform member messaging, chat, forum chat, IM, SMS, text message, or similar services that will allow you and the other members with whom you communicate to save your conversations or transmissions in your Targamite Site accounts. Whether or not you use these features, your agreement to these Terms constitutes your consent to allow Targamite to store these communications on its servers.

H. Targamite reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Targamite Site and related Applications and services (or any part thereof) with or without notice. You agree that Targamite shall not be liable to you or to any third party for any modification, suspension or discontinuance thereof.

I. You understand and agree that you are solely responsible for obtaining access to the Targamite Site, and that access may involve third-party network services fees (such as Internet service provider or airtime charges) and the acquisition of certain equipment relating thereto.

3. MEMBER REGISTRATION

A. While you may enjoy various viewing experiences on the Auction Web Site without the requirement of membership, many valuable Applications are available only through membership. Member registration involves a simple process whereby you will establish a user identification, password and user account for your exclusive use. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Targamite of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Targamite cannot and will not be liable for any loss or damage arising from your failure to comply with these terms and conditions.

B. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Targamite Site’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Targamite has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Targamite has the right to suspend or terminate your membership and refuse any and all current or future use of the Targamite Site (or any portion thereof).

4. USE OF THE SITE

A. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, property, items, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Accordingly, you, and not Targamite, are solely responsible for all Content that you upload, post, transmit, broadcast, sell, transfer, or otherwise make available via the Targamite Site. Targamite does not control the Content posted via the Targamite Site and, as such, does not guarantee the accuracy, integrity, quality, or authenticity of such Content. You understand that by using the Network, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Targamite be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the purchase, sale or use of any Content uploaded, posted, transmitted, broadcast, sold, transferred or otherwise made available via the Network.

B. You agree that you will not use the Targamite Site to:

(1) upload, post, transmit, broadcast or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(2) impersonate any person or entity, including, but not limited to, an Targamite official, product endorser, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity, or stalk or otherwise harass another;

(3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Targamite Site;

(4) upload, post, transmit, broadcast, sell, transfer or otherwise make available any Content that is inauthentic, counterfeit, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(5) upload, post, transmit, broadcast, sell, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

(6) upload, post, transmit, broadcast, sell, transfer, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated by Targamite for such purpose;

(7) upload, post, transmit, broadcast, sell, transfer, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(8) disrupt the auction bidding process in any way or otherwise act in a manner that negatively affects other users’ ability to engage in real time bidding or other exchanges;

(9) perform any unauthorized reproduction, publication, further distribution or public exhibition of the Content and other materials provided on the Targamite Site, in whole or in part;

(10) interfere with or disrupt the Targamite Site processes, or servers or networks supporting the Targamite Site, or disobey any requirements, procedures, policies or regulations of networks supporting the Targamite Site;

(11) collect or store personal data about other users in connection with the prohibited conduct and activities set forth herein;

(12) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Securities and Exchange Commission, the European Enforcement Directive of 2004, or any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or

(13) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

C. You acknowledge that Targamite may establish general practices and limits concerning use of the Targamite Site, including without limitation the types of or restrictions relating to the sharing of product sequence modes and similar items that may be submitted for sharing among Targamite Site users, the maximum number of days that messages, message board postings, representations of persons, property, or items, or other uploaded Content will be retained by the Targamite Site, the maximum number of messages that may be sent from or received by an account on the Targamite Site, the maximum size of any message that may be sent from or received by an account on the Targamite Site, the type and quantity of transactional data stored and presented in connection with your account, the maximum disk space that will be allotted on Targamite’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Targamite Site in a given period of time. You agree that Targamite has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Targamite Site. You acknowledge that Targamite reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Targamite reserves the right to modify these general practices and limits from time to time.

D. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Targamite Site (including your user identification), use of the Targamite Site and/or the Applications, or access thereto.

E. You understand that the technical processing and transmission of data in connection with the Targamite Site, including your submissions of Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and security encoding/decoding and related processing.

F. You acknowledge that in using the Targamite Site and Applications to send electronic transmissions (including but not limited to product sequence modes, audio-video communications, Webcasts, broadcasts, email, search queries, chat and other Internet activities) over the Internet, you will be engaging in interstate communications.

G. You agree to comply with all worldwide local rules regarding online conduct and acceptable Content and to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

5. SUBMISSIONS TO THE SITE

A. The Targamite Site provides or may provide functionality that allows or may allow Targamite Site users who have a valid user identification to submit product sequence modes for sharing among Targamite Site users and/or live and/or on-demand Content that may include information, text, images, graphics, audio, video, and/or representations of persons, property, items, and any other material to Targamite and to be indexed and crawled by Targamite’s search facilities and otherwise used by Targamite for public posting, display, viewing and sharing on the Targamite Site and on third-party sites, platforms and networks where syndicated or licensed by Targamite.

B. You, and not Targamite, are entirely responsible for all publicly accessible Content that you upload, post, Webcast, promote, sell, transfer, or otherwise convey or transmit via the Targamite Site. You expressly acknowledge and agree that your submission of Content for inclusion onto the Targamite Site will, if accepted by Targamite in its sole discretion, result in its accessibility by the public, and that there is no confidentiality or privacy with respect to your Content, including any personally identifying information that you may make available relating thereto. Further, you agree and acknowledge that your Content and any associated public user profile submitted to the Network may appear on regional Targamite Sites and be syndicated on third party sites in other countries. If the Targamite provides you with the option of limiting the sharing of a particular piece of your Content at a particular time, Targamite will honor the option you have selected for that element of your Content at that time, but any such selection shall apply only to that particular element of your Content.

C. You acknowledge that Targamite may or may not pre-screen Content, but that Targamite and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is made publicly available via the Targamite Site. Without limiting the foregoing, Targamite and its designees shall have the right to remove any Content for any reason, including without limitation, Content that reasonably appears to violate or violates these Terms or is otherwise objectionable.

D. By submitting your Content, you agree:

(1) that you own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) to your Content and any other works that you incorporate into your Content, and you authorize and license Targamite to use your Content in the manner contemplated in these Terms;

(2) that you have the written consent, release, and/or permission of each and every identifiable individual person in your Content to use such person’s name and/or likeness in your Content for use in the manner contemplated in these Terms;

(3) not to include in your Content any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(4) that you are at least of legal age and you acknowledge that persons under legal age may not submit Content to the Targamite Site; and

(5) that Targamite may, in its sole discretion, monitor your Content and other communications over the Targamite Site but is under no obligation to do so.

E. As between You and Targamite, You retain ownership to your Content that you submit for inclusion onto the Action Network Site. However, by submitting your Content to Targamite, you hereby grant Targamite and its affiliates the following worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses:

(1) to host, cache, store, archive, index, crawl, create algorithms based on, modify or transcode your Content to appropriate media formats, standards or mediums in any and all forms and by whatever means whether now known or hereafter devised or created, and to exploit any and all allied, ancillary and subsidiary rights relating thereto and derived therefrom;

(2) to use, license, sell, digitize, stream, store, distribute, exhibit, publicly perform, reproduce, display, modify, adapt, edit, remix, excerpt, communicate, translate, prepare derivative works and compilations of, compress, transmit, integrate, insert, market and promote your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, and to exploit any and all allied, ancillary and subsidiary rights relating thereto and derived therefrom; and

(3) to use your Content, in whole or in part, for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, and to exploit any and all allied, ancillary and subsidiary rights relating thereto and derived therefrom.

F. By way of clarification and not limitation, you understand and agree that your license grant above will allow Targamite registered users and others to, among other activities: (i) access, distribute, display and/or perform your Content through the Targamite Site, or through the use of Targamite products or other Targamite Applications and services, including publicly on third-party web sites, the Internet generally, television, game consoles, cellular phones, or any other electronic medium or device now known or hereafter devised or created; (ii) rate, review, comment on and tag your Content; (iii) embed Targamite’s video player or other form of media player with your Content on any web site; (iv) send and distribute your Content via email, instant messenger or otherwise over or through the Internet or any other electronic communications system; and (v) access, reproduce, distribute and/or perform your Content via any of Targamite’s web service APIs or via RSS or any similar XML or related feeds.

G. Targamite has no duty or obligation, express or implied, to post, host, stream, transmit, sell, transfer, or otherwise include any of your Content in connection with the Targamite Site or any Targamite Application or service.

H. Targamite reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your Content, and Targamite will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. However, nothing in these Terms obligates or may be deemed to obligate Targamite to sell, license or offer to sell or license any advertising, promotion or distribution rights in connection with your Content.

I. By submitting any ideas, suggestions, documents, and/or proposals (“Contributions”) to Targamite through any suggestion or feedback web pages, you acknowledge and agree that: (1) your Contributions do not contain confidential or proprietary information; (2) Targamite is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (3) Targamite shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (4) Targamite may have something similar to the Contributions already under consideration or in development; (5) your Contributions automatically become the property of Targamite without any obligation of Targamite to you; and (6) you are not entitled to any compensation or reimbursement of any kind from Targamite under any circumstances in connection therewith.

6. TARGAMITE PRIVACY POLICY

A. Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at the designated link on the Targamite Site. You understand that through your use of the Targamite Site and related Applications you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Targamite and its affiliates.

B. You acknowledge, consent and agree that Targamite may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content is inauthentic, counterfeit, or otherwise violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Targamite, its users and the public.

7. INDEMNITY

You will indemnify, defend and hold Targamite, its Affiliates, and its current and former principals, directors, officers, members, licensees, partners, employees and agents, and their respective successors, heirs and assigns (collectively, the “Indemnitees”), harmless from and against any and all liabilities, losses, claims, demands, damages, costs and expenses, fines, penalties or money judgments including, without limitation, court costs and reasonable attorneys’ fees (hereinafter referred to as “Liabilities”) incurred by or against the Indemnitees or any one of them arising out of the breach of any representation made herein, any Content you submit, post, transmit, sell, transfer, or otherwise make available through the Network, your use of the Network, your connection to the Network, your violation of these Terms, your violation of any rights of another, or your violation of any applicable laws or regulations. If any Indemnitee shall, without fault on its part, be made a party to any litigation commenced by or against you, then you shall hold the indemnitee harmless, and shall pay all costs, expenses, losses, damages, settlement payments and reasonable attorney’s fees incurred or paid by such indemnitee in connection with said litigation. You will give prompt notice to the Indemnitee of any actual or threatened suit which may cause Liabilities and of which you become aware.

8. TERMINATION

A. You agree that Targamite may, under certain circumstances and without prior notice, immediately terminate your Targamite account and access to the Targamite Site. Cause for such termination shall include, but not be limited to, (1) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules (2) requests by law enforcement or other government agencies, (3) your request to terminate your account, (4) discontinuance or material modification to the Targamite Site (or any part thereof), (5) unexpected technical problems or security issues, (6) extended periods of inactivity, (7) engagement by you in fraudulent, counterfeiting or illegal activities, and/or (8) nonpayment of any fees owed by you in connection with the Targamite Site or any related Application or service.

B. Termination of your Targamite account includes, without limitation (1) removal of access to all offerings within the Targamite Site, including but not limited to on-line product sequencing applications, document and audio-video file review, transactional entries, messaging, and any posted Content, (2) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), and (3) barring of further use of the Targamite Site. Further, you agree that all terminations for cause shall be made in Targamite’s sole discretion and that Targamite shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Targamite Site.

9. TARGAMITE’S PROPRIETARY RIGHTS

A. You acknowledge and agree that the Targamite Site and related Applications and services and any necessary software used in connection therewith (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content provided by the Targamite and contained in sponsor advertisements or other information presented to you through the Targamite Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or expressly authorized by Targamite or advertisers, you agree not to modify, duplicate, rent, lease, loan, sell, distribute or create derivative works based on the Targamite Site and related Applications and services or the Software, in whole or in part.

B. Targamite grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Targamite Site. You agree not to access the Targamite Site by any means other than through the interface that is provided by Targamite for use in accessing the Targamite Site.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE TARGAMITE SITE IS AT YOUR SOLE RISK. THE TARGAMITE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TARGAMITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. TARGAMITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSESS, AND LICENSORS MAKE NO WARRANTY THAT (1) THE TARGAMITE SITE WILL MEET YOUR REQUIREMENTS; (2) THE TARGAMITE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TARGAMITE SITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TARGAMITE SITE WILL MEET YOUR EXPECTATIONS; AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TARGAMITE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TARGAMITE OR THROUGH OR FROM THE TARGAMITE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

E. VETTING BY TARGAMITE OF EACH AND EVERY ITEM, MODE SEQUENCE, AND OTHER CONTENT POSTED AND DISTRIBUTED VIA THE TARGAMITE SITE IS NOT REALISTICALLY PRACTICEABLE. ACCORDINGLY, TARGAMITE CANNOT AND DOES NOT CONTROL THE CONTENT POSTED VIA THE TARGAMITE SITE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, SAFETY, LEGALITY, OR AUTHENTICITY OF SUCH CONTENT.

11. LIMITATION OF LIABILITY

A. TARGAMITE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO ITS APPLICATIONS AND SERVICES, AND OPERATION OF THE TARGAMITE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ITS CONTROL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TARGAMITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TARGAMITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE NETWORK; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE TARGAMITE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TARGAMITE SITE; OR (5) ANY OTHER MATTER RELATING TO THE TARGAMITE SITE.

B. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.

12. NOTICE

A. Except as expressly stated otherwise, all notices to Targamite shall be sent to the following email address: info@targamite.com or fax: 866-679-9073. Targamite’s street address is: Targamite LLC., 6917 Innovation Blvd., Fort Wayne, Indiana 46818, U.S.A.

B. Targamite may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Network, or other reasonable means now known or hereinafter developed.

13. TRADEMARK AND COPYRIGHT INFORMATION

A. “Targamite®” and “Targabot®” are registered U.S. trademarks, and the stylized Targamite logo and “Find Your Center™” are the trademarks or the registered trademarks, of Targamite (collectively the “Targamite Marks”). You agree not to display or use in any manner the Targamite Marks without Targamite’s prior written permission.

B. All other trademarks, registered trademarks, product names, and company names or logos displayed on the Targamite Site are the property of their respective owners.

C. © Copyright 2013-14 Targamite LLC. All rights reserved.

14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Targamite with notice of the following information:

A. your address, telephone number, and email address;

B. a description of the copyrighted work or other intellectual property that you claim has been infringed;

C. a description of where the material that you claim is infringing is located on the Targamite Site; and

D. a statement by you, made under penalty of perjury, of your good faith belief that your rights are being infringed, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

15. GENERAL TERMS

Entire Agreement. The Terms constitutes the entire agreement between you and Targamite and governs your use of the Targamite Site and related Applications and other services, superseding any prior agreements between you and Targamite with respect thereto. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Targamite Applications, services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms and the relationship between you and Targamite shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and Targamite agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fort Wayne, Indiana.

Waiver and Severability of Terms. The failure of Targamite to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Any of these terms and conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective only to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining terms and conditions or affecting the validity or enforceability of such terms and conditions in any other jurisdiction.

Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

No Right of Survivorship and Non-Transferability. You agree that your Targamite account is non-transferable and any rights to your Targamite Site user identification or contents within your account terminate upon your death.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Targamite Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Captions.  The section titles in these Terms are for convenience only and have no legal or contractual effect.