SUBSCRIBER AGREEMENT

LAST UPDATED ON SEPTEMBER 9, 2021

  1. 1. TLM – WHAT DO WE DO?

WE PROVIDE tools that simplify online marketing and enable brands to attract, engage, understand and grow their customer base across mobile, social and online channels.

  1. 2. TERMS AND CONDITIONS

BY USING ANY OF THE SOFTWARE, APPLICATIONS OR WEBSITES (COLLECTIVELY, “SERVICES”) OFFERED BY TLM, YOU (AS THE ACCOUNT HOLDER) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE” OR ” CONTRACT “) . TLM RESERVES THE RIGHT TO UPDATE AND MODIFY THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. ANY NEW FEATURE THAT INCREASES OR ENHANCES THE CURRENT SERVICES, INCLUDING THE RELEASE OF NEW TOOLS AND RESOURCES, WILL BE SUBJECT TO THIS AGREEMENT. CONTINUED USE OF THE SERVICES AFTER SUCH CHANGES WILL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

YOU CAN VIEW THE MOST CURRENT VERSION OF THE TERMS OF USE AT ANY TIME AT https://www.TLMBIZ.com/terms-conditions/

VIOLATION OF ANY OF THE CONDITIONS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. ALTHOUGH TLM PROHIBITS CERTAIN CONDUCT WHILE USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT TLM SHALL NOT BE RESPONSIBLE FOR CONTENT POSTED BY YOU OR OTHER USERS OF THE SERVICES (USER CONTENT). YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK.

  1. FEES AND PAYMENTS

(A) YOUR CREDIT CARD WILL BE CHARGED FOR ACCESS TO THE SERVICES IN ADVANCE ON A RECURRING MONTHLY OR YEARLY BASIS DEPENDING ON THE SERVICE YOU HAVE SELECTED. A full refund for unused months of the annual plan may be issued if a refund has been requested or the account has been canceled within five days of the trial expiration date and the number of leads, participants and voters generated and hosted does not exceed 20 A 50% refund and credit to your account with TLM may be issued if the annual plan is canceled or a refund has been requested via email within 2 months of initial purchase and the total number of captured and hosted leads, attendees, and voters does not. exceed 50. This account credit has no expiration date and can be used for any plan with TLM. No refunds will be issued if the annual plan has been active for more than two months. This refund policy does not apply to advertising fees, fully managed services, or special pricing plans or discounts. There are no refunds on fully managed plans and services. There are no refunds on monthly subscriptions.

(B) IF YOU SIGN UP FOR A FREE TRIAL OF A TLM ACCOUNT, AND YOU DO NOT CANCEL SUCH ACCOUNT BEFORE THE FREE TRIAL PERIOD EXPIRES, YOUR CREDIT CARD WILL BE CHARGED FROM THE DAY AFTER EXPIRATION OF YOUR TRIAL PERIOD FOR THE FULL AMOUNT DUE. TLM RESERVES THE RIGHT TO FIND YOUR CREDIT CARD FOR AMOUNTS LESS THAN THE TOTAL AMOUNT D UNTIL THE FULL AMOUNT HAS BEEN CHARGED. IF YOU CANCEL THE SERVICES PROVIDED HEREIN BEFORE YOUR FIRST AMOUNT HAS BEEN PROCESSED, YOUR CREDIT CARD WILL NOT BE CHARGED.

(C) All fees exclude applicable federal, provincial, state, local or governmental sales, products and services, harmonized or other taxes, fees or charges now in effect or adopted or applied in the future.

(D) FOR ANY UPGRADES OR DOWNGRADES OF THE PLAN, YOUR CREDIT CARD WILL AUTOMATICALLY BE CHARGED AT THE NEW RATE DURING YOUR NEXT BILLING CYCLE. YOUR PACKAGE AND ACCESS FEES WILL BE ADJUSTED AUTOMATICALLY ACCORDING TO THE DATA THRESHOLDS ESTABLISHED IN THE PACKAGE PRICING. DOWNGRADING YOUR SERVICES MAY CAUSE YOU TO LOSS ACCESS TO CERTAIN CONTENT OR FUNCTIONALITY IN YOUR ACCOUNT OR THE SERVICES. TLM ACCEPTS NO RESPONSIBILITY FOR SUCH LOSS.

(E) THE PRICES OF ALL SERVICES, INCLUDING BUT NOT LIMITED TO THE MONTHLY SUBSCRIPTION PLAN FEES FOR THE SERVICES, ARE SUBJECT TO CHANGE UPON 30 DAYS NOTICE FROM US. THIS NOTICE MAY BE PROVIDED AT ANY TIME BY POSTING CHANGES ON THE TLM WEBSITE (WWW.TLM.COM) OR ANY OTHER METHOD CHOSEN BY TLM AND/OR THROUGH A SOFTWARE APPLICATION PROVIDED BY US.

(F) TLM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUATION OF ANY OF THE SERVICES. BY USING THE SERVICES OF THIS AGREEMENT, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO WAIVE YOUR RIGHT TO FILE A CLAIM FOR LOSSES, DAMAGES, ETC. AGAINST TLM AND ITS AFFILIATES FOR ALL SUCH CHANGES.

(G) Unless otherwise specified, all fees are in US dollars and all payments must be made in US currency.

(H) If you are a resident of the country of Canada, you are responsible for all applicable taxes that arise or result from your subscription to or purchase of products and services from TLM. These taxes are based on the rates applicable to the Canadian billing address you provide to us. These tax amounts are in addition to the fees for these TLM products and services and will be charged to your provided credit card. If you are exempt from paying such taxes, you must provide us with an original certificate that satisfies applicable legal requirements evidencing tax-exempt status. The tax exemption will only be applied from the date we receive such certificate.

  1. GRANT OF A LIMITED LICENSE TO USE THE SERVICES

SUBJECT TO YOUR AGREEMENT AND CONTINUED COMPLIANCE WITH THIS AGREEMENT AND ANY OTHER RELEVANT TLM POLICIES, SUCH AS TLM’S PRIVACY POLICY (INCORPORATED BY REFERENCE), TLM GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE AND NON-ACCESSIBLE LICENSE RIGHT TO AND USE A COMPATIBLE WEB BROWSER (SUCH AS MOZILLA FIREFOX OR MICROSOFT INTERNET EXPLORER) OR MOBILE DEVICES SOLELY FOR USE OF THE SERVICES.

YOU ACKNOWLEDGE THAT IN PROVIDING THE SERVICES, TLM USES AUTHORITY DOCUMENTS, SOFTWARE AND OTHER WORKS, AND OTHER TECHNOLOGIES, SOFTWARE, HARDWARE, PRODUCTS, PROCESSES, ALGORITHMS, USER INTERFACES, KNOW-HOW AND OTHER TRADE SECRETS (THAT TLM TECHNOLOGY IS COVERED BY INTELLECTUAL PROPERTY RIGHTS OWNED OR LICENSED BY TLM. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO LICENSE OR OTHER RIGHTS IN THE TLM TECHNOLOGY ARE GRANTED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE EXPRESSLY RESERVED. YOU AGREE NOT TO MODIFY, CREATE DERIVATIVE WORKS, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE THE SERVICES OR OTHERWISE RECREATE OR HAVE ACCESS TO THE SOURCE CODE OF THE SERVICES.

YOU FURTHER AGREE NOT TO (I) LICENSE, SUBLICENSE, TRANSFER, ASSIGNMENT, DISTRIBUTION OR OTHER COMMERCIAL OPERATION; WHERE (II) ACCESSING THE SERVICES IN ORDER TO (A) CREATE A COMPETITIVE PRODUCT OR SERVICE, (B) CREATE A PRODUCT USING SIMILAR IDEAS, FEATURES, FUNCTIONS OR GRAPHICS OR (C) COPY ANY IDEAS, FEATURES, FUNCTIONS OR GRAPHICS FROM THE SERVICES.

  1. CANCELLATION AND TERMINATION

(A) YOU ARE SOLELY RESPONSIBLE FOR THE CORRECT CANCELLATION OF YOUR ACCOUNT. A REQUEST BY EMAIL OR PHONE TO CANCEL YOUR ACCOUNT WILL NOT BE CONSIDERED A CANCELLATION OF YOUR ACCOUNT OR A TERMINATION OF THE TERMS OF THIS AGREEMENT. YOU CAN CANCEL YOUR ACCOUNT AT ANY TIME BY LOGGING INTO YOUR ACCOUNT, CLICKING ON THE ACCOUNT NAME, THEN ON PLANS, THEN SELECTING THE CANCEL BUTTON.

(B) IF YOU CANCEL THE SERVICES BEFORE THE END OF YOUR CURRENT PAID MONTH, YOUR CANCELLATION WILL TAKE EFFECT IMMEDIATELY. HOWEVER, THE TLM APPLICATIONS WILL REMAIN FUNCTIONAL UNTIL THE END OF YOUR CURRENT MONTHLY BILLING PERIOD.

(C) TLM, IN ITS SOLE DISCRETION, HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY CURRENT OR FUTURE USE OF THE SERVICES, OR ANY OTHER TLM SERVICE, FOR ANY REASON AT ANY TIME. SUCH TERMINATION OF THE SERVICES WILL RESULT IN THE DEACTIVATION OR DELETION OF YOUR ACCOUNT WITHOUT REFUND, OR YOUR ACCESS TO YOUR ACCOUNT, AND THE CANCELLATION AND RENEWAL OF ALL USER CONTENT IN YOUR ACCOUNT. TLM RESERVES THE RIGHT TO REFUSE TO PROVIDE ANY OF THE SERVICES TO ANYBODY FOR ANY REASON AT ANY TIME.

(D) WHEN CANCELING A SELF-SERVICE PACKAGE, YOU WILL HAVE THE OPTION TO REDUCE YOUR PACKAGE TO A PAUSED PACKAGE FOR $9/MONTH, IN WHICH CASE YOUR ACCOUNT DATA, TRACK LISTS AND CAMPAIGNS WILL NOT BE REMOVED FROM THE TLM SYSTEM AND YOU WILL BE ABLE TO RETURN AND RESUME CAMPAIGNS IN THE FUTURE. IF YOU DO NOT WISH TO RETURN TO TLM TO REACTIVATE YOUR ACCOUNT, IT IS YOUR SOLE RESPONSIBILITY TO CANCEL YOUR PAUSED PLAN FOR $9/MONTH.

  1. COPYRIGHT AND OWNERSHIP OF CONTENT

(A) ALL USER CONTENT POSTED TO THE SERVICES MUST COMPLY WITH CANADIAN COPYRIGHT LAW. YOU ARE RESPONSIBLE FOR COMPLYING WITH OUR COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS LOCATED AT THE BOTTOM OF THIS PAGE.

(B) WE DO NOT CLAIM ANY INTELLECTUAL PROPERTY RIGHTS IN ANY MATERIAL OR CONTENT YOU SUBMIT, POST OR DISPLAY, ON OR THROUGH THE SERVICES. YOUR ACCOUNT INFORMATION AND ANY MATERIALS OR CONTENT YOU DOWNLOAD WHILE USING THE SERVICES REMAINS WITH YOU. BY USING OUR SERVICES TO POST A PAGE, PROMOTION OR PROFILE ON FACEBOOK OR ANOTHER SOCIAL MEDIA SITE, AND ACCEPTING THESE TERMS OF USE, YOU GRANT TLM THE NON-EXCLUSIVE RIGHT AND LICENSE TO USE CAPTURED IMAGES AND OTHER DATA, INCLUDING BUT NOT LIMITED TO LOGOS AND TRADE NAMES ON YOUR PAGE OR PROFILE FOR PROMOTIONAL OR MARKETING PURPOSES. IF YOU REGISTER TO USE THE TLM SERVICES, YOU ALSO GRANT TLM THE RIGHT TO USE YOUR COMPANY LOGO FOR THE SAME MARKETING PURPOSES, EVEN IF YOU SEND ONLY YOUR COMPANY NAME AND NOT THE LOGO. BY GRANTING THIS RIGHT, YOU AGREE THAT TLM AND ITS AFFILIATES HAVE A LICENSE TO USE THIS MATERIAL OR CONTENT FOR THE SINGLE PURPOSE SET FORTH IN THIS SECTION. FURTHER, BY SETTING YOUR PAGES TO BE SHARED PUBLICLY, YOU AGREE TO ALLOW OTHER VIEWS AND SHARING YOUR USER CONTENT.

(C) TLM DOES NOT PRE-SELECT USER CONTENT, BUT TLM AND ITS DESIGNATE HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE OR REMOVE ANY USER CONTENT AVAILABLE THROUGH THE SERVICES.

(D) UNLESS WRITTEN AUTHORIZATION IS PROVIDED BY TLM, NOTHING IN THIS AGREEMENT GIVES YOU THE RIGHT TO USE ANY OF THE TRADE NAMES, TRADEMARKS, SERVICE MARKS, LOGOS, DOMAIN NAMES OR OTHER NAMES OF DISTINCTIVE BRANDS.

(E) TLM IS THE COPYRIGHT OWNER OF ALL CONTENT ON THE WWW.TLM.COM SITE AND/OR ANY DOMAIN NAMES REGISTERED BY TLM TECHNOLOGIES LTD. ALL RIGHTS RESERVED. YOU MAY NOT DUPLICATE, COPY OR REUSE ANY PORTION OF THE HTML/CSS OR VISUAL DESIGN ELEMENTS OF WWW.TLM.COM AND/OR ANY DOMAIN NAMES REGISTERED BY TLM TECHNOLOGIES LTD. SITE WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM TLM.

  1. NOTIFICATION OF COPYRIGHT INFRINGEMENT CLAIMS

TLM PROCESS AND INVESTIGATE APPROPRIATE NOTICES OF ALLEGED COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT RELATING TO MATERIAL ON ITS WEBSITES OR SERVERS AND WILL RESPOND APPROPRIATELY WHERE APPROPRIATE, AND REGARDLESS OF THE SUBSTANCE OF THE ALLEGED INFRINGEMENT INFRINGEMENT, CLAIMED TO BE THE SUBJECT OF INFRINGEMENT ACTIVITY. IF WE REMOVE OR DISABLE ACCESS IN RESPONSE TO SUCH NOTICE, WE MAY NOTIFY THE OWNER OR ADMINISTRATOR OF THE AFFECTED SITE OR CONTENT SO THAT THEY MAY MAKE A COUNTER-NOTICE. TLM WILL, UPON APPROPRIATE INVESTIGATION, TERMINATE OR DISABLE ACCESS TO REPEATED INFRINGERS.

FALSE STATEMENTS IN YOUR REVIEW REGARDING INFRINGEMENT OF THE MATERIAL OR ACTIVITY MAY SUBJECT YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEY’S FEES). ACCORDINGLY, IF YOU ARE UNSURE IF MATERIAL AVAILABLE ONLINE INFRINGES YOUR COPYRIGHT, WE SUGGESTE YOU BEGIN CONTACTING A LAWYER.

BY EMAIL:

SUPPORT@TLMBIZ.COM

  1. TLM PRIVACY POLICY

THIS PRIVACY POLICY (POLICY) IS INCORPORATED BY REFERENCE INTO TLM’S TERMS OF USE. IT DESCRIBES WHAT KINDS OF INFORMATION WE COLLECT AND WHAT WE DO WITH IT. PLEASE SEE WWW.TLM.COM/PRIVACY-POLICY FOR DETAILS.

ANY QUESTIONS REGARDING THIS PRIVACY POLICY SHOULD BE DIRECTED TO SUPPORT@TLMBIZ.COM.

  1. TYPES OF INFORMATION WE COLLECT AND WHAT WE DO WITH IT

WHEN YOU SIGN UP FOR THE SERVICES, WE ASK YOU FOR INFORMATION SUCH AS YOUR NAME, COMPANY NAME, EMAIL ADDRESS, BILLING ADDRESS, AND CREDIT CARD INFORMATION. IF YOU SIGN UP FOR A FREE TRIAL ACCOUNT, YOU MUST ENTER A CREDIT CARD NUMBER SO THAT US CAN AUTHENTICATE YOUR IDENTITY.

WE CAPTURE YOUR COMPANY NAME AND LOGO FOR MARKETING PURPOSES.

WE COLLECT THE EMAIL ADDRESSES OF THOSE WHO COMMUNICATE WITH US BY EMAIL, AGGREGATE INFORMATION ON WHICH PAGES OUR WEBSITE VISITORS ACCESS OR VISIT, AND INFORMATION VOLUNTARILY PROVIDED TO US (SUCH AS SURVEY INFORMATION AND /OR ACCOUNT REGISTRATION INFORMATION).

THE INFORMATION WE COLLECT IS USED TO IMPROVE THE CONTENT OF OUR WEB PAGES AND THE QUALITY OF OUR SERVICES, AND IS NOT SHARED OR SOLD TO THIRD PARTIES FOR COMMERCIAL PURPOSES, EXCEPT TO PROVIDE THE PRODUCTS OR SERVICES YOU REQUESTED, WHEN WE HAVE YOUR AUTHORIZATION, OR IN THE FOLLOWING CIRCUMSTANCES;

IT IS NECESSARY TO SHARING INFORMATION IN ORDER TO INVESTIGATE, PREVENT, OR TAKE ACTION REGARDING ILLEGAL ACTIVITIES, SUSPECTED FRAUD, SITUATIONS INVOLVING POTENTIAL THREATS TO ANY PERSON’S PHYSICAL SAFETY, VIOLATIONS OF THE TERMS OF USE, OR OTHERWISE REQUIRED BY THE LAW.

WHEN A CUSTOMER SIGNS UP FOR A PROMOTION OR INTERACTS WITH A SOCIAL APPLICATION AND AGREES TO ALLOW TLM TO ACCESS THEIR THIRD PARTY APPLICATION INFORMATION, TLM COLLECTS THIS DATA AND PRESENTS IT TO THE RESPECTIVE ACCOUNT HOLDERS IN THE FORM OF ANALYTICS WHICH THE RESPECTIVE ACCOUNT HOLDER CAN USE RESTART OR EMAIL TO THAT CUSTOMER.

IN THE EVENT OF A MERGER, ACQUISITION OR NAME CHANGE, TLM RESERVES THE RIGHT TO ASSIGN THE TERMS OF THIS AGREEMENT TO SUCH NEW PARTY. TLM MAY PROVIDE YOU WITH NOTICE OF SUCH ASSIGNMENT VIA THE EMAIL ADDRESS PROVIDED IN YOUR ACCOUNT INFORMATION. YOU MAY NOT ASSIGN THIS AGREEMENT WITHOUT TLM’S WRITTEN AUTHORIZATION.

  1. COOKIES

WE MAY USE COOKIE TECHNOLOGY TO TRACK OR RECORD INFORMATION ABOUT OUR WEBSITE VISITORS. A COOKIE IS A SMALL AMOUNT OF DATA, OFTEN INCLUDES AN ANONYMOUS UNIQUE IDENTIFIER, THAT IS SENT TO YOUR BROWSER FROM A WEBSITE’S COMPUTERS AND STORED ON YOUR COMPUTER’S HARD DRIVE. WE REQUIRE THE USE OF COOKIE TECHNOLOGY IN ORDER TO PRESENT THE CORRECT INFORMATION TO USERS AS THEY SWITCH FROM ONE SCREEN TO ANOTHER.

WE MAY USE COOKIES TO SAVE CURRENT SESSION INFORMATION, BUT THEY ARE NOT USED TO SAVE PERSONAL INFORMATION, OR TO ASSOCIATE PERSONAL INFORMATION WITH THE USE OF OUR SERVICES. IF YOU DISABLE YOUR BROWSER’S ABILITY TO ACCEPT COOKIES, YOU WILL BE ABLE TO BROWSE THE WEBSITE BUT YOU WILL NOT BE SUCCESSFULLY ABLE TO USE OUR SERVICES.

  1. DATA STORAGE

TLM USES THIRD-PARTY PROVIDERS AND HOSTING PARTNERS TO PROVIDE THE HARDWARE, SOFTWARE, NETWORK, STORAGE, AND RELATED TECHNOLOGY NECESSARY TO OPERATE TLM. ALTHOUGH TLM OWNS THE CODE, DATABASES AND ALL RIGHTS IN THE TLM APPLICATION, YOU RETAIN ALL RIGHTS TO YOUR PERSONAL INFORMATION.

  1. DISCLOSURE

TLM MAY DISCLOSE YOUR PERSONAL INFORMATION IN SPECIAL CIRCUMSTANCES, SUCH AS TO COMPLY WITH SUBMISSIONS OR IF YOUR ACTIONS VIOLATE THE TERMS OF USE.

  1. CHANGES

WE MAY USE CUSTOMER AND ACCOUNT HOLDER DATA FOR NEW, UNANTICIPATED USES NOT PREVIOUSLY DISCLOSED IN OUR PRIVACY NOTICE. WE MAY PERIODICALLY UPDATE THIS POLICY FROM TIME TO TIME. TO KEEP UPDATED WITH TLM’S POLICY, PLEASE CHECK ITS PRIVACY POLICY PAGE PERIODICALLY. UPON REQUEST, WE CAN PROVIDE SITE VISITORS ACCESS TO THE INFORMATION WE HAVE COLLECTED AND MAINTAINED FROM THE SUBJECTS. UPON REQUEST, WE OFFER VISITORS THE ABILITY TO HAVE ANY INACCURACIES IN CONTACT DETAILS CORRECTED. YOU CAN HAVE THIS INFORMATION CORRECTED BY CONTACTING TLM. YOU CAN CHOOSE TO UNSUBSCRIBE AT ANY TIME.

  1. ASSIGNMENT

TLM’S RIGHTS UNDER THIS AGREEMENT SHALL PASS TO ITS SUCCESSORS OR ASSIGNEES. SUBSCRIBER’S RIGHTS CANNOT BE ASSIGNED.

  1. TERMINATION OF THE CONTRACT

YOU AND TLM MAY TERMINATE THESE TERMS AND YOUR USE OF THE TLM PRODUCT AND SERVICES AT ANY TIME. IF YOU TERMINATE YOUR USE OF THE TLM SERVICES, AND IF APPLICABLE, YOU MUST PAY THE APPLICABLE FEES FOR THE BALANCE OF THE BILLING PERIOD THEN IN PROGRESS. WHEN YOUR TLM ACCOUNT IS TERMINATED, YOUR USER CONTENT WILL NO LATER APPEAR ON THE TLM PRODUCT AND SERVICES, EXCEPT USER CONTENT SUBMITTED TO OUR BLOG, WHICH MAY REMAIN ON THE TLM PRODUCT AND SERVICES AFTER TERMINATION. YOU ACKNOWLEDGE AND AGREE THAT TLM HAS NO OBLIGATION TO MIGRATE OR PROVIDE ASSISTANCE IN THE MIGRATION OF TLM DATA. NOTWITHSTANDING THE ABOVE, TLM SUPPORT CAN ASSIST USERS IN TRANSFERRING ANY STORED DATA UPON REQUEST.

  1. USE OF TLM PRODUCTS AND SERVICES

BY USING ANY INTERACTIVE AREAS, YOU EXPRESSLY AGREE NOT TO POST, UPLOAD, TRANSMIT, DISTRIBUTE, STORE, CREATE OR OTHERWISE PUBLISH THROUGH THE TLM PRODUCT AND SERVICES:

  • CONTENT THAT, IN TLM’S SOLE JUDGMENT, IS OBJECTIONABLE OR THAT RESTRICTS OR PROHIBITS ANY OTHER PERSON FROM USING OR ENJOYING THE INTERACTIVE AREAS OR TLM PRODUCTS AND SERVICES, OR THAT MAY EXPOSE TLM OR ITS AFFILIATES OR USERS TO ANY NAME OR LIABILITY OF ANY KIND.
  • ANY MESSAGE, DATA OR OTHER MATERIAL THAT IS ILLEGAL, DEFAMATORY, LIBELOUS, OBSCENE, PORNOGRAPHIC, INDECENT, OBJECTIVE, SUGGESTIVE, HARASSING, THREATENING, INVASION OF PRIVACY OR PUBLICITY RIGHTS, ABUSIVE, INFLAMMATORY, FRAUDULENT OR OTHERWISE.
  • CONTENT THAT WOULD CONSTITUTE, ENCOURAGE OR PROVIDE INSTRUCTIONS FOR A CRIMINAL OFFENSE, VIOLATE THE RIGHTS OF ANY PARTY, OR WILL OTHERWISE CREATE LIABILITY OR VIOLATE ANY LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW.
  • CONTENT THAT MAY INFRINGE ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER INTELLECTUAL OR PROPRIETARY RIGHT OF ANY PARTY.
  • THAT TLM IS NOT RESPONSIBLE FOR THE FAILURE OF ANY OF YOUR CUSTOMERS (OR ANY THIRD PARTY) TO COMPLY WITH ANY RULES, TERMS, CONDITIONS, POLICIES AND APPLICABLE LAWS, RULES OR REGULATIONS GOVERNING ANY PROMOTION.
  • THAT TLM DOES NOT SPONSOR, ADMINISTRATE, ENDORSE, AND THEREFORE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY PROMOTION, PRODUCT DATA, OR MEDIA DISTRIBUTED THROUGH THE SITE.
  • THAT TLM IS NOT RESPONSIBLE FOR THE USE OR DISTRIBUTION OF INFORMATION YOU PROVIDE BY YOUR CUSTOMERS.
  • THAT TLM ONLY FACILITATES THE DISTRIBUTION OF PROMOTIONS, PRODUCT DATA AND MEDIA AND UNDERSTANDS THAT THE SITE MAKES NO WARRANTY TO ENSURE THAT YOUR PROMOTIONS AND MEDIA WILL COMPLY WITH ANY LAW, RULE, REGULATION OR POLICY.
  • THAT YOU ARE RESPONSIBLE FOR ENSURE THAT YOUR PROMOTION, PRODUCT DATA OR MEDIA COMPLIES WITH ANY APPLICABLE LAW, RULE OR REGULATION AND AGREE TO ADHERE TO ALL STATEMENTS AND PROMISES MADE TO YOUR CUSTOMERS.
  • YOU INDEMNIFY, DEFEND AND WARRANT TLM AND ITS AFFILIATES AND SUBSIDIARIES; AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PROFESSIONAL ADVISORS AND CONTRACTORS FROM ANY CLAIMS, LOSSES, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING FROM THE USE OF THE SERVICES. YOUR INDEMNIFICATION INCLUDES, WITHOUT LIMITATION, ALL CLAIMS RELATING TO THE POSTING OR DELETION OF CONTENT, USER CONTENT, OR ENTRY ON OR FROM THE SITE. TLM WILL PROMPTLY NOTIFY YOU OF ANY CLAIM, LOSS, LIABILITY OR DEMAND, AND PROVIDE REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY CLAIM, LOSS, LIABILITY, DAMAGE OR COT.
  1. PROVIDE A RELIABLE AND SECURE SERVICE

TLM IS COMMITTED TO PROVIDING AND MAINTAINING A RELIABLE AND SECURE ENVIRONMENT FOR YOUR DATA. THE INTERNET IS AN UNPRECEDENTED MEANS OF INSECURITY AND THE RELIABILITY OF HOSTING SERVICES CANNOT BE ASSURED. WHEN USING THE TLM PRODUCT AND SERVICES, YOU ACCEPT THESE RISKS AND RESPONSIBILITY FOR CHOOSING TO USE TECHNOLOGY THAT DOES NOT PROVIDE PERFECT SECURITY OR RELIABILITY. IN PARTICULAR, ACCOUNT HOLDERS WHO CHOOSE TO PROVIDE CREDIT CARD INFORMATION ON THIS TLM PRODUCT AND SERVICES ACCEPT THESE RISKS TO THE SECURITY OF SUCH CREDIT CARD INFORMATION. FINALLY, CREDIT CARD DATA IS PROVIDED BY ACCOUNT HOLDERS AND ACCOUNT HOLDERS ARE RESPONSIBLE FOR PROTECTING IT.

  1. LINKS TO THIRD-PARTY PRODUCTS AND SERVICES

THE TLM PRODUCT AND SERVICES CONTAIN LINKS TO THIRD-PARTY WEBSITES (“THIRD-PARTY TLM PRODUCT AND SERVICES”) AND THIRD-PARTY CONTENT (“THIRD-PARTY CONTENT”) AS A SERVICE TO PERSONS INTERESTED IN SUCH INFORMATION. THIRD-PARTY PRODUCTS AND SERVICES INCLUDE SOCIAL MEDIA PLATFORMS, SUBSCRIBER AND SPONSOR SITES, PAYMENT PROCESSORS AND OTHER PAYMENT INTERMEDIARIES YOU MAY USE IN CONNECTION WITH YOUR USE OF THE TLM PRODUCT AND SERVICES. YOU USE LINKS TO THIRD-PARTY TLM PRODUCTS AND SERVICES, AND ANY THIRD-PARTY CONTENT OR SERVICE PROVIDED AT YOUR OWN RISK. TLM DOES NOT MONITOR OR HAVE ANY CONTROL AND MAKES NO CLAIMS OR REPRESENTATIONS REGARDING THIRD PARTY CONTENT OR THIRD PARTY PRODUCTS AND SERVICES.

  1. DISCLAIMER OF WARRANTY

TLM TECHNOLOGIES PRODUCTS AND SERVICES, CONTENT PROVIDED BY ALL TLM OWNED SITES ARE PROVIDED TO YOU “AS IS” WITHOUT TLM WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

  1. LIMITATION OF LIABILITY; INDEMNITY

YOU WAIVE AND SHALL NOT MAKE ANY CLAIM OR ALLEGATION OF ANY KIND AGAINST TLM, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNEES, OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE TLM PRODUCT AND SERVICES.

  1. APPLICABLE LAWS

THIS AGREEMENT SHALL BE GOVERNED, INTERPRETED AND ENFORCED ACCORDING TO THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA, CANADA. EACH PARTY AGREES THAT ANY LEGAL ACTION, PROCEEDING, CONTROVERSY OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT AND PROSECUTED ONLY IN A COURT IN THE PROVINCE OF BRITISH COLUMBIA, CANADA, AND BY EXECUTION EACH PARTY SUBMITS TO THIS AGREEMENT TO THE EXCLUSIVE JURISDICTION OF THIS COURT AND WAIVES ANY OBJECTIONS THAT IT MAY HAVE BASED ON AN INCORRECT VENUE OR INCOMPATIBLE FORUM.

  1. PROHIBITED USE

You can not:

  • SEND ALL EMAILS THAT VIOLATE CAN-SPAM LAWS
  • EMAILING CANADA OR CANADIAN RESIDENTS WHO VIOLATE CASL LAWS
  • Send spam. By “spam” we mean the definition on the Spamhaus website. In short, spam is “unsolicited bulk e-mail.

You are solely responsible for the activity that occurs on your account.

YOU SPECIFICALLY ACKNOWLEDGE THAT TLM SHALL NOT BE HELD RESPONSIBLE FOR THE ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF DAMAGE OR HARM ARISING FROM THE ABOVE RESTS SOLELY WITH YOU.

By using TLM, you represent and warrant that you meet all of the requirements listed above and that you will not use TLM in a way that violates any laws or regulations. TLM may refuse service, terminate any user’s accounts, and change eligibility requirements at any time.

We will not be liable for any delay or failure in performing any part of the Service, for any cause beyond our control. This includes, but is not limited to, natural disasters, changes in law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods , strikes, power outages, volcanic action, unusually severe weather conditions, and acts of hackers or third-party Internet service providers.

  1. PROHIBITED CONTENT

Weapons, ammunition and explosives

You may not use TLM to promote the following:

  • Firearms, including but not limited to gun parts, ammunition, and pellet guns
  • Gun accessories including but not limited to silencers and suppressors
  • Any type of weapon, including but not limited to pepper spray, non-culinary knives/blades/spears, tasers, nunchucks, batons, or weapons intended for self-defense
  • Fireworks and explosives
  • Content that promotes the brandishing or possession of firearms
  • Publications or communities of people with arms-related interests