"Account" means "Tannersway Account."
"Applications" means any applications developed and/or offered by Tannersway.
"App Services" means any content and services provided by Tannersway through its Applications.
"Content" means all material, whether publicly posted or privately transmitted, available on or through any of the Tannersway Services.
"Customer" means any Tannersway Customer.
"Customer Content" means any Content uploaded to and/or created through the Tannersway Services by a Tannersway Customer.
"Software" means any necessary software used in connection with the Tannersway Services.
"Strategic Partners" means those trusted partners that Tannersway employs, engages, or retains to perform functions and/or provide services on its behalf.
"Sub Accounts" means subsidiary accounts created for or by a Customer ("such as a consultant group or employer") under its primary account.
"Third-Party Content" means content provided to a user created or published by a party other than the specific user or Tannersway.
"User Content" means Customer Content.
"Username" means the valid email address provided by each Tannersway Customer to be used as their username or login identification.
"Tannersway" means Tannersway, LLC, a Nevada Limited Liability Company.
"Tannersway Account" means an account associated with a Tannersway Customer who uses or has used Tannersway Services.
"Tannersway Content" means any Content, excluding Customer Content in which Tannersway does not participate.
"Tannersway Services" means the suite of features, products and services offered through Tannersway, its Applications, its App Services, the Web site, and the Web site Services.
"Tannersway Trademarks" means any trademarks, tradenames, logos, and other commercial designs of Tannersway or licensed to Tannersway, whether or not formal registration exists, including, but not limited to, "Tannersway."
"You" or "Your" refers to any person or entity accessing or interacting with Tannersway.
"Web site" means all of the content, information, and services (in any format whatsoever) accessible through the Internet at the domain name Tannersway.com.
"Web site Services" means the services provided by Tannersway through the Web site at the domain name Tannersway.com and any of our other Web sites that may be used from time to time.
(C) As otherwise required by law.
3. Tannersway Services
3.1 Tannersway provides Internet based services through its Applications and Web site in which users have the ability to market and list products and services for sale.
3.2 Tannersway provides its Customers a variety of tools to use in association with the Tannersway Services.
3.3 No Guarantees of Accuracy of Consumer Information. Tannersway cannot guarantee the accuracy of information provided by its Customers.
4. Pricing, Payments, and Billing
4.1 Pricing. Tannersway reserves the right to change the prices for any of the Tannersway Services at any time. Should Tannersway change any pricing, Tannersway shall provide its consistent with Section 17.18.
4.2 Method of Payments. Tannersway may use diverse methods of payment that may change from time to time. Tannersway reserves the right to choose the forms of payment accepted for Tannersway Services, to refuse select forms of payment, to refuse service to anyone, and to add or remove particular third parties from whom it will accept payments. Tannersway accepts payments from Tannersway Customers using a secure connection.
4.3 Advance Billing. Tannersway bills in advance for Tannersway Services. Tannersway may allow advance billing to occur on a recurring basis. In any case, Tannersway shall obtain your consent at the time of purchase prior to billing on a recurring basis.
4.4 Renewals. For the convenience of its Tannersway Customers, Tannersway automatically renews subscription plans.
4.5 No Refunds. Tannersway does not refund purchased services. Consequently, you will not receive a refund for periods wherein you did not use Tannersway Services should your account be cancelled or should there be any period of dormancy.
4.6 Timing of Payments. Payments must be authorized and/or made at the time of purchase. Where you agree to recurring billing and monthly or periodic payments, the payments will be made automatically in advance of each month or period.
4.7 Third Party Payments. Tannersway is not responsible for your use of any third party payment providers and their operation or availability. All payments for paid content are carried out by these third party payment providers.
4.8 Taxes and Other Excluded Costs and Fees.
4.8.1 Payments for Tannersway Services do not include taxes, levies, withholding, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings or duties.
4.8.2 You are solely responsible for all costs involved in the use of the Tannersway Services. These costs include but are not limited to communication costs related to the use of (mobile) devices, the use of mobile Internet and roaming, and taxes connected to your use of the Services.
4.9 Insufficient Funds and Chargebacks. Tannersway processes all payments to it through a third party. Should your payments be cancelled or reversed because of insufficient funds or chargebacks, you will be responsible for any charges and/or penalties implemented by these third parties to you and/or Tannersway.
5.1 Lawful Purposes. Tannersway Services shall be used for lawful purposes only. You shall be responsible for complying with all applicable regulations, statutes, laws and guidelines.
5.2 Accurate Information. You agree to provide Tannersway with true, accurate and current information as requested when registering for Tannersway Services and/or purchasing products from Tannersway.
5.3 At time of registration, you must provide certain information that identifies you to other Tannersway Customers. In doing so, you may not violate a third party’s intellectual property rights or use names that happen to be offensive or inappropriate.
5.4 You shall be solely and entirely responsible for any and all use of the Tannersway Services through your Account and/or stored on your mobile devices, including the confidentiality and security of such information, Content, the Account, and its password. Consequently, we recommend and require that:
(A) You not permit any other person to use your Tannersway Account, except for those authorized individuals provided with their own Sub Accounts;
(B) You do not assign or transfer your Account or its login information to any other person or entity; and,
(C) You promptly inform Tannersway of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Tannersway Account or its login information.
5.5 Reserved for Future Use.
5.6 Specific Prohibited Conduct: You agree that you shall not use Tannersway Services for any of the following:
5.6.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
5.6.2 Posting any employment ads violating the anti-discrimination provisions of the Immigration and Nationality Act or messages which violate any law or regulation;
5.6.3 Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
5.6.4 Posting any material advertising weapons the use, carrying, or advertising of which is prohibited by applicable federal, state, or local law. You are solely responsible for complying with any and all laws and/or regulations applicable to the transfer of firearms under both applicable local, state and federal laws. The transfer of firearms is heavily regulated and restricted, and failure to strictly comply with all such laws is a serious crime and may result in criminal prosecution. All transfers of firearms, whether by sale, lease or loan, including private transactions, must go through a licensed firearms dealer. Any exception to these laws, such as air guns, knives, accessories, certain antiques, and some gun parts that may not require transfer by a licensed dealer, should be first confirmed by you prior to purchase. It is your responsibility to comply with all such laws, including any and all city, county, state and Federal laws when accessing or using this site. It is also your responsibility to locate one or more licensed firearm dealers in your area and/or the area of any buyer or seller listing here who are able and willing to assist you with any such transfer. We do not offer any assistance with respect to locating a licensed dealer for your transaction or otherwise with respect to your transaction. By listing any firearm, you represent and warrant to us that you legally own and possess the item you wish to list here and have fully complied with and will continue to fully comply with all laws and regulations applicable to your listing, transfer and/or sale. By agreeing to purchase any firearm, you represent and warrant to us that you are of legal age, and are not otherwise prohibited by law from purchasing, transferring, owning, or possessing the firearm listed, and that you have fully complied with and will continue to fully comply with all laws and regulations applicable to your transfer or purchase;
5.6.5 Posting advertising or solicitation in categories that is not appropriate, or posting the same item or service in more than one category or more than once every 7 days, or posting the same ad in multiple cities on the Site;
5.6.6 Posting adult content or explicit adult material unless: (i) such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and (ii) you are at least 18 years of age or older and not considered to be a minor in your state of residence;
5.6.7 Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in the sole discretion of Tannersway;
5.6.8 Posting any solicitation directly or in "coded" fashion for any illegal service exchanging sexual favors for money or other valuable consideration;
5.6.9 Posting any material on the Site that exploits minors in any way;
5.6.10 Posting any material on the Site that in any way constitutes or assists in human trafficking.
5.6.11 Intentionally violating any intellectual property rights of Tannersway or any other party;
5.6.12 Intentionally renting, licensing, loaning, selling, reselling, trading, or distributing the Tannersway Services;
5.6.13 Intentionally creating, copying, or modifying any works derivative of the Tannersway Services;
5.6.14 Intentionally violating any intellectual property rights of a third party;
5.6.15 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
5.6.16 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Tannersway in its sole discretion;
5.6.17 Posting or transmitting, or causing to be posted or transmitted, via the Tannersway Services any nudity;
5.6.18 Posting or transmitting, or causing to be posted or transmitted, via the Tannersway Services any spam as Tannersway maintains a strict policy forbidding any spam or misuse of email services within its Tannersway Services;
5.6.19 Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Site unless the user has granted permission in their advertisement or otherwise allowed contact for solicitation;
5.6.20 Posting or transmitting, or causing to be posted or transmitted, via Tannersway Services any materials advertising any business other than Tannersway;
5.6.21 Seeking to obtain private financial information from any Customer;
5.6.22 To impersonate any other person;
5.6.23 To provide any false information;
5.6.24 Gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes
5.6.25 Registering or attempting to register an account with Tannersway without its express authorization after having been terminated or suspended by Tannersway for any reason; and/or
5.6.26 Attempting to interfere with Tannersway’s security measures.
5.7 Should you believe that a Tannersway Customer or person has violated any of the foregoing prohibited uses in 5.6, you should immediately notify Tannersway via abuse@Tannersway.com.
5.9 You assume all liability for anything purchased using Tannersway Services through your Account, whether intended for you or for a third party.
5.13 Cessation of Use. Should your account be terminated for any reason, you must immediately cease using the Tannersway Services.
5.14 Should the Tannersway Services become terminated globally for any reason, all Tannersway accounts shall be terminated immediately, without any prior notifications by Tannersway.
6. Objectionable Content
6.2 Tannersway is not responsible for any false, defamatory, libelous, or slanderous Content posted by its Tannersway Customers. If you believe any Content violates your rights or those of a third party in any way, you may contact Tannersway via abuse@Tannersway.com.
6.3 You understand that you may be exposed to Third Party Content that is objectionable, indecent or otherwise offensive. Third Party Content may also contain material that violates the privacy, intellectual property or other rights of third parties. We do not represent or imply that we approve of the Third Party Content and we cannot review or verify whether the Third Party Content is accurate, useful or harmless. Should you come across Third Party Content, which violates any applicable law or regulation (including intellectual property, privacy laws and regulations), please follow the Notice-and-take-down Procedure as well.
7. Intellectual Property Rights
Except for Customer Content, Tannersway owns all rights, title and interest, including but not limited to intellectual property rights, in and to the Tannersway Services (which include databases, Software, features, and applications) and/or or its licensors.
7.1.1 Tannersway Services and any necessary software used in connection with the Tannersway Services ("Software") contain proprietary and confidential information protected by applicable intellectual property and other laws. Tannersway or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software.
7.1.2 Except as expressly authorized by Tannersway or our Strategic Partners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
7.1.3 Except as expressly authorized by Tannersway or our Strategic Partners, you may not decompile, reverse engineer, or otherwise (attempt to) extract the source code of the software provided by Tannersway or its licensors.
7.2.1 Tannersway shall possess and retain all copyrights to content created by Tannersway ("Tannersway Content").
7.2.2 Tannersway may use content obtained from third party sources. All rights to such third party content remains with the owners of such third party content.
7.2.3 By using Tannersway Services, you provide Tannersway an irrevocable, non-exclusive, perpetual, royalty-free license to use your Customer Content for purposes of providing Tannersway Services in relation to your Account and displaying content to other Tannersway Customers and Users.
7.2.4 Moreover, by using Tannersway Services, you provide Tannersway an irrevocable, non-exclusive, perpetual, royalty-free license to modify, translate, adapt, modify, publish, display and distribute any content (including User Content) which you upload, provide or exchange on or through the Tannersway Services. This license is restricted to the goal of enabling Tannersway to perform, display, distribute and promote its Tannersway Services, including but not limited to providing you with access to the content. Your license includes a right for Tannersway to make the content available and sublicense it to Publishers, suppliers, licensors, other companies, organizations and individuals with whom Tannersway cooperates with in providing the Tannersway Services or developing and providing other services. You represent and warrant to Tannersway that you have all necessary rights, power and authority to grant the license.
7.2.5 Apart from providing Tannersway a license to use your Customer Content, you retain all rights to your Customer Content.
7.3.1 You agree to not use Tannersway Trademarks or any mark that is confusingly similar to such trademarks. Nothing on or through the Tannersway Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Tannersway Trademarks.
7.3.2 Tannersway reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.
7.3.3 For purposes of displaying your Account and content associated with it, you permit Tannersway to use your name and trademark, if applicable. You also allow Tannersway to use your name and trademark in a manner consistent with fair use.
7.3.4 Upon receiving written request consistent with Notices provided herein, Tannersway will remove your name and/or trademark except as necessary to continue providing you with Tannersway Services. All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Tannersway.
7.3.5 You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Tannersway Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
7.6 Unauthorized Access or Circumvention. As stated above, Tannersway takes the privacy of its Tannersway Customers very seriously. In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers. Should any person attempt to obtain or obtain unauthorized access to Tannersway servers and/or should any Tannersway Customer attempt to exceed or exceed his/her/its authorized access to Tannersway servers, Tannersway shall consider such conduct to violate the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which provides for civil and criminal penalties. Additionally, depending on the circumstances, such conduct could also violate the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et seq. and the Stored Communications Act, 18 U.S.C. § 2701, et seq., both of which also provide for civil and criminal penalties. Moreover, Tannersway shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as willful cooperation in such conduct.
8. DMCA Policy
8.1 Tannersway respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through Tannersway Services any materials that violate another party’s intellectual property rights. When Tannersway receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the DMCA Title II of the Digital Millennium Copyright Act, the Online Copyright Infringement Liability Limitation Act (here, the "DMCA").
8.2 If you believe that any material on or through the Tannersway Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.
8.3 If you believe that your own copyrighted work is accessible on or through the Tannersway Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:(A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Tannersway can locate the material;(B). Identify the URL or other specific location on the Web site or Tannersway Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;(C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf; (D). Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;(E). Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf; and, (F). Include your name, mailing address, telephone number and email address.
8.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by mail or email as set forth below:
9550 South Eastern Avenue, Suite 253
Las Vegas, NV 89123
8.5 Tannersway has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Tannersway may also in its sole discretion limit access to the Tannersway Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
9. FAIR HOUSING All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). The Site will not knowingly accept any real estate advertising which is in violation of any applicable law. Users are hereby informed that all dwellings advertised on the Site are available on an equal opportunity basis. To complain of discrimination call HUD toll-free at 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275.
You acknowledge and agree that you will not submit or post any ad which discriminates based on race, color, national origin, religion, sex, sexual orientation, familial status and /or handicap/disability. If you see any ad or posting which discriminates based on any of the above factors, you are encouraged, in addition to contacting HUD, to report such ad or posting by clicking on the "Report this Ad" link located on the ad page. You understand that we shall have the right, but not the obligation, to remove, edit or delete any ad.
10. RESALE OF SERVICE Unless otherwise agreed to in writing by Tannersway, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to Tannersway Services.
12. DISCLAIMER OF WARRANTIES
12.1 THE APPLICATIONS, WEB SITE, AND/OR TANNERSWAY SERVICES ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
12.2 TANNERSWAY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF THE APPLICATIONS, WEB SITE, AND/OR TANNERSWAY SERVICES;
THE ABILITY OF THE APPLICATIONS, WEB SITE, AND/OR TANNERSWAY SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
ANY WARRANTIES OF NON-INFRINGEMENT;
ANY WARRANTIES THAT INFORMATION IS CORRECT AND RELIABLE;
ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF TANNERSWAY IN THE APPLICATIONS, WEB SITE, AND/OR TANNERSWAY SERVICES, OR ANY WARRANTY THAT THE APPLICATIONS, WEB SITE, AND/OR TANNERSWAY SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
12.3 TANNERSWAY IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE APPLICATIONS, WEB SITE, AND/OR TANNERSWAY SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, TANNERSWAY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APPLICATIONS, WEB SITE, AND/OR TANNERSWAY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.5 TANNERSWAY MAKES NO WARRANTY THAT THE APPLICATIONS, WEB SITE, TANNERSWAY SERVICES, AND/OR CONTENT THEREON WILL BE ERROR FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.
12.6 WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE APPLICATIONS, WEB SITE, AND/OR TANNERSWAY SERVICES. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE TANNERSWAY SERVICES, OR OTHER INTERACTION WITH THE TANNERSWAY SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE TANNERSWAY SERVICES. WE DO NOT WARRANT THAT (i) THE TANNERSWAY SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE TANNERSWAY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TANNERSWAY SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TANNERSWAY SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
12.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE APPLICATIONS, WEB SITE, AND/OR TANNERSWAY SERVICES.
13. THIRD PARTY LINKS AND PRODUCTS
13.1 IN CONNECTION WITH THE TANNERSWAY SERVICES, TANNERSWAY MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEB SITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
13.2 TANNERSWAY NEITHER MONITERS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEB SITES, PRODUCTS, AND SERVICES.
13.3 TANNERSWAY IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE AVAILABILITY OR CONTENT OF SUCH THIRD PARTY WEB SITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES; (D) ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; AND/OR (E) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
13.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.
13.5 TANNERSWAY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
13.6 THIRD PARTY WEB SITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEB SITE THROUGH THE APPLICATIONS, WEB SITE, AND/OR TANNERSWAY SERVICES DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEB SITE. TANNERSWAY HAS NO RESPONSIBILITY FOR ANY THIRD PARTY COOKIES OR THEIR USE OF PERSONAL INFORMATION YOU PROVIDE THEM.
13.7 YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY TANNERSWAY, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. TANNERSWAY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEB SITES’ POLICIES AND TERMS.
14. RESERVED FOR FUTURE USE.
15. General Provisions
17.1 Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein. Further, you represent that you have consulted, or have had the opportunity to consult with, your legal, tax, and financial advisors in connection with the execution and performance of the Agreement.
17.3 Assignment. Without giving notice to you, we may at any time assign our rights under any agreement with you to any other company, individual or organization in our sole discretion. Your rights in connection with your relationship with Tannersway may not be assigned without the consent of Tannersway.
17.6 Reserved for Future Use.
17.8 Legal Advice Not Provided. You acknowledge and agree that Tannersway has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy, or other relevant laws, rules, or regulations. You agree not to construe any Tannersway communications as legal advice.
17.12 Reserved for Future Use.
17.16 Locations and Restricted Locations. Tannersway hosts its Tannersway Services in the United States. The use of Tannersway Services from within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, your continued use of the Tannersway Services shall governed by U.S. law to the fullest extent possible. Also, please understand that you are transferring personal information to the United States and, by doing so, you consent to that transfer.
17.16.1 The Applications, Web site, and/or Tannersway Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
17.16.2 The Applications, Web site, and/or Tannersway Services may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Applications, Web site, and/or Tannersway Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
17.16.3 You agree to comply with all local rules regarding online conduct and what Tannersway deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.6 above.
17.16.4 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Rev. March, 2017