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Terms and Conditions

Terms of Use:

Beginning on January 1, 2022

These terms of use (the "Terms" or "the terms" or "agreement") govern our relationship with users and others who access and/or use The Biking Market, LLC’s ("TBM", "Company", "The Company") website (found at www.thebikingmarket.com), mobile applications, products or services, or brand, all of which are called "TBM Services". By accessing or using any TBM service, you are affirming that you have read the terms, agree that the terms are a legally binding contract with The Biking Market, LLC, and agree to be legally bound by these terms (including any other terms, conditions, policies, or other legal agreement accessible via hyperlink).

Do not access or use any TBM Services if you are unwilling or unable to be bound by these terms of use in any way.

I. Online Mall

The Biking Market serves as an online mall that allows users (who are bound by these terms) to offer, sell, and purchase services or products (also known as goods). TBM is not directly involved in any transactions between buyers and sellers.

II. Privacy

We respect the privacy of all TBM Services users. Please refer to our privacy policy, which explains how we collect, use, and disclose information that pertains to your privacy. The Biking Market will not sell your personal information or disclose your personal information to third parties without your explicit consent. When you access or use any TBM service, you agree to our Privacy Policy.

III. Using the TBM Services

a. Definition of use

Use is defined as accessing, browsing, or otherwise interacting with any TBM service in any way.

b. User Definition

A "user" is anyone who accesses, browses, or otherwise interacts with any TBM service in any way. This includes, but is not limited to, users who are vendors, customers, merchants, and content contributors.

"You", "your", "you’re" refer to you as a user. "We", "our", and "us" refer to TBM.

c. User Registration

As a user, you will be required to create a personalized account that includes a unique username and a password to access any TBM services. Users may be required to submit personal information during account registration. Please see our privacy policy to learn how we protect your personal information. By registering for an account, you certify that you are of sound mind and have the legal right and authority to bind yourself (individual or entity) to this agreement.

To register for an account, you must either be over the age of 18 or be a legal entity with legal rights to conduct business in the United States. Any individual under the age of 18 can only use TBM services under the direct supervision of an individual over the age of 18. Individuals under the age of 13 are not allowed at any time to use any TBM services.

If you are under the age of 13, DO NOT attempt to register for an account or submit any personal information. Also, if you are not legally able to conduct business in the US for any reason, please do not attempt to register for an account.

If we learn that any account where an individual is under the age of 13, or any entity cannot legally conduct business in the US, we will promptly disable and terminate your account.

TBM reserves the right to change registration requirements at any time.

d. Service Refusal

Unless otherwise prohibited by law, TBM, in its sole discretion, reserves the right to refuse use of any TBM services (temporarily or permanently) to any individuals or entities it deems not in compliance with our terms at any time. This includes refusing account registration, refusing service usage via account suspension or deactivation, account termination, or IP blocking.

e. User Account Information

As a user, you are required to complete and keep accurate account information up-to-date. This includes, but is not limited to, your legal name, email address, phone number, and a valid payment method (credit card, PayPal, Stripe, and so on).

f. User Security

In addition to the safety measures TBM takes to protect your account, you are required to keep your user name and password safe and secure at all times.

You agree that TBM is not responsible or liable for any damage caused by your failure to keep your password, username, and/or personal account information confidential. In the event you notice any unauthorized use of your account, please change your password and notify TBM immediately.

g. Restrictions on Use and Conduct

Your permission to use any TBM service is conditioned upon the following use restrictions and conduct restrictions. These restrictions are in addition to any other use restrictions or terms listed in these terms.

You agree that you will not, under any circumstances:

  • Post anything that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.
  • Use TBM Services for any illegal purpose or to promote illegal activities;
  • As an individual, you will not transfer or sell your TBM user account to any other individual.
  • As an entity, you will not transfer or sell your TBM user account to any other entity or individual without the express consent of TBM.
  • Attempt to defame or threaten another user, entity, or group; harass, threaten, impersonate, perjure, abuse, or harm another user, entity, or group;
  • Use another user’s account without permission;
  • Attempt to launder funds or engage in other transactions using any TBM service to avoid any law, statute, policy, or regulation.
  • When registering an account, provide false or inaccurate information.
  • Attempt to or commit fraud or fraudulent acts in connection with posting content, purchasing, or selling.
  • Interfere with a seller’s store
  • Register for a business account with any other intention other than what is intended by TBM.
  • Attempt or sell an illegal, counterfeit, stolen, recalled, or dangerously deemed good.
  • Attempt to interact with, or communicate with, any individual, entity, group, or goods that are prohibited by law, regulation, or order.
  • Infringe upon any TBM or associated third-party intellectual property.
  • Interfere with or attempt to interfere with the proper operation of TBM Services;
  • make any automated use of the system, or take any action that we believe will impose or may impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to TBM Services, or use any software, technology, or device to scrape, spider, or crawl TBM Services or harvest or manipulate data.
  • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
  • In any way, attempt or impersonate any TBM service, seller store, or associated third-party website.
  • Use of any TBM services in any way creates a risk that could jeopardize relationships TBM has with its service providers and/or others TBM has or is attempting to have a business relationship with.
  • Use any TBM service in an unintended manner.
  • Violate this agreement or any other TBM policies.

IV. Content & Data

When you create your own personalized account, you may be able to provide User Content. User Content is defined as postings, listings, comments, reviews, ratings, blogs, articles, or other online content in connection with a TBM service.

You are solely liable for any User Content that you post, upload, link to, or otherwise make available through any TBM Services. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, on the other hand, reserves the right, at its sole discretion, to remove any User Content from any TBM Services.

The following rules pertain to user content:

By transmitting and submitting any user content while using any TBM services, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account.
  • You will not post any malicious, misleading, false, or inaccurate information.
  • You will not submit content that is copyrighted or subject to third-party proprietary rights, such as privacy, publicity, trade secrets, and so on, unless you are the owner of such rights or have explicit permission from their rightful owner to do so; and
  • You hereby affirm that we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss, or damage that occurs as a result of the use of any user content that you make available or access through your use of any TBM services is solely your responsibility. The company is not responsible for any public display or misuse of your user content. The company does not, and cannot, pre-screen or monitor all user content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with any TBM service.

a. License Grant

By submitting any User Content through any TBM Services, you expressly grant, and represent and warrant that you have the right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information about, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness.

b. Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through any TBM service but not directly by the company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the TBM Services, and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, offer, or statement made by parties other than the Company.

The Company accepts no responsibility and assumes no liability for any User Content posted or transmitted by you or any other user or third-party via any TBM Services. Under no circumstances will the company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on any TBM services or transmitted to users.

Though the company strives to enforce these terms of use, you may be exposed to user content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the TBM Services, to limit or deny a user’s access to the TBM Services, or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity, which we deem unlawful, offensive, abusive, harmful, or malicious.

The Company reserves the right to remove any such material that, in its sole opinion, violates or is alleged to violate the law or this agreement, is offensive, violates the rights, harms, or threatens the safety of users or others. Unauthorized use can lead to criminal and/or civil charges under federal, state, and local laws. If you become aware of misuse of one of the TBM services, please contact us at support@thebikingmarket.com.

c. Links to other sites and/or materials

The Company may provide you with convenient links to third-party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software, or Content") as part of TBM Services. These links are provided as a courtesy to TBM Services subscribers.

Third-party sites or third-party applications, software, or content, as well as the promotions, materials, information, goods, or services available on these third-party sites or third-party applications, software, or content, are not under the control of the Company. The Company does not investigate, monitor, or check such Third-Party Sites and Third-Party Applications, Software, or Content for accuracy, appropriateness, or completeness, and the Company is not responsible for any Third-Party Sites accessed through any TBM Services or any Third-Party Applications, Software, or Content posted on, available through, or installed from any TBM Services, including the content, accuracy, offensiveness, opinions, reliability, privacy, or security. Inclusion of, linking to, or permitting the use or installation of any third-party site or any third-party applications, software, or content does not imply approval or endorsement thereof by the company.

If you choose to leave the TBM Service and visit third-party websites, or use or install third-party applications, software, or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from any TBM Services or relating to any applications you use or install from any TBM Services.

You agree to hold harmless TBM for any damages or disputes related to or resulting from the use of services provided by a third party.

d. Ideas Submission

TBM considers the following to be non-confidential and non-proprietary, and you agree that TBM is not liable for use or disclosure of any:

  • Unsolicited or solicited ideas, proposals, suggestions, or any other materials submitted directly to TBM using any TBM service. This includes, but is not limited to, site improvements and new feature requests or suggestions.

e. Reproduction of content

You agree that content posted on TBM Services may be available for reposting on third-party websites, and that TBM is not liable for any third-party use of said content. In addition, you agree to provide a link back to any content originating from TBM Services should you post said content on a third-party website or mobile application.

V. Sellers and buyers

a. Seller Relationship

A seller is a TBM user who makes an offer for a good or service using a TBM service. All sellers agree that this agreement or use of TBM Services does not create a partnership, agency, joint venture, employee-employer, or franchisee-franchisor relationship. The relationship is solely an independent contractor relationship between TBM and the seller and should not be considered otherwise.

All sellers agree to hold harmless TBM for any disputes with buyers that arise from the use of any TBM services.

b. Seller Stores

Sellers operate independent online stores within TBM’s online mall to offer and sell goods and services. Each store operates as a separate entity and is in no way operated by TBM.

A seller store is considered either a retail store or a supplier store. Suppliers are not allowed to offer and/or sell goods or services to individuals using TBM Services. Sellers are not required to operate a physical store to use TBM services. However, all seller stores must have a physical business address and a legal business license number (e.g., EIN).

In addition to our terms, and not superseding them, stores may have additional policies buyers must abide by. TBM does not actively review, monitor, or enforce these policies, and you agree to hold harmless TBM for any disputes arising from such store policies. However, TBM reserves the right to request a store to change its store policies should it find that the policy or policies are not in good faith or are not in accordance with this agreement.

All seller stores are responsible for their own fulfillment, good returns, customer service, dispute resolution, etc.

c. Seller Listings

A seller's listing is considered a legal offer to purchase a good or service. All sellers are required to know and abide by applicable laws when listing offers. In addition, all sellers must:

  • Only sell goods that you have in-stock.
  • Only list out-of-stock items if the item is either 1) marked out of stock or 2) marked as not available and an available date is provided.
  • Only include services that it you are capable of providing.
  • Be legally allowed to list for sale or sell a particular good or service.
  • To the best of your ability, accurately list the details of the offer in a manner that is not a trick, a deception, or otherwise with dishonest intent.
  • Only list goods and services in the category, and with the appropriate tags, that apply directly to the good or service.
  • Only include relevant information related to the offer for sale of the good or service.
  • Do not attempt to bypass completing a transaction that originates from your TBM listing to avoid the service fee. See also Sellers and Buyers—h. Fees and Billing
  • Maintain accurate inventory levels for a product or service at all times.

d. Seller Inventory

At all times, all seller stores must keep accurate and up-to-date inventory quantities in the online mall. All shops have access to tools that will assist in updating inventory quantiles. This includes manual processes and automated processes.

Failure to comply with this term could result in account termination.

e. Buyers

A buyer is a TBM user who accepts a listing offer by purchasing a good or service from a seller using a TBM service.

Buyers agree that TBM has no direct control over the pricing, safety, quality, legality, truthfulness, accuracy, of any seller's listings. In addition, buyers agree that TBM has no control over a seller’s ability to fulfill any good or service offered using any TBM service.

As a result, and although TBM makes reasonable attempts to verify each business that registers, the buyer agrees that it is their duty to properly research and conduct thorough due diligence on each seller and each listing prior to purchasing from a seller. Furthermore, the buyer agrees to hold TBM harmless for any disputes arising from purchases.

f. Seller/Buyer Transactions

A transaction using a TBM service is considered an offer by a seller and an acceptance by a buyer. All transactions are legally binding agreements. Sellers must provide offered goods and/or services in good faith and on time, and buyers must make agreed-upon payments using a TBM Service.

TBM services partner with Stripe as a payment processor, and you may be required from time to time to provide information directly to Stripe.

TBM does not hold or store any store inventory for sellers.

g. Taxes

Sellers and buyers are responsible for applicable taxes. All users, at all times, are required to comply with all tax and other applicable laws relating to taxes.

Given TBM's operation as an online mall (Marketplace owner), we are required by law to collect and make sales tax payments on behalf of the seller for transactions that originate in specific states.

TBM utilizes third-party services provided by Stripe to calculate and collect taxes on each transaction required. In addition, TBM utilizes third-party filing services provided by Stripe to remit tax payments to states on behalf of sellers.

It is the duty of each seller to know and understand all relevant tax laws pertaining to their transactions. All users agree to be bound by Stripe’s terms and conditions.

h. Fees and Billing-General

Individual users are not charged to start or operate their TBM user accounts. Also, individuals are not charged transaction fees related to purchases. However, individuals may be required by sellers to pay shipping, handling, and other relevant fees pertaining to their purchase.

Business users, both retailers and suppliers, must subscribe to a monthly plan to start and operate their TBM user account. In addition, business users are required to pay a commission to TBM on all transactions, as stipulated by their subscription plan. Subscription plans are per seller store.

From time to time, TBM may offer business users a la carte optional business services for a defined fee. All TBM optional fees are in addition to account subscriptions fees.

Inventory Integration Fees are included in monthly subscriptions unless otherwise specified in writing by TBM.

Business user subscription plan fees are as follows:

  • Retailer Accounts
    • No sign-up Fees
    • $0.00 monthly fee (NONE)
    • 10% + $.30c (includes 2.9% + $.30c Stripe payment processing fee)
  • Supplier
    • No sign-up fees.
    • $0.00 monthly fee (NONE)
    • 8% + $.30c (includes 2.9% + $.30c Stripe payment processing fee)

i. Fees and Billing – Subscription Plan Monthly Reoccurring Fees

By subscribing to a subscription plan, you authorize TBM to store and automatically charge your financial account for reoccurring monthly fees. All transaction commission fees are taken at the time of purchase.

All subscription plans are based on the normal US calendar year. Unless otherwise provided or stipulated by a subscription plan or monthly dates, all monthly payments will be charged on the date the user account becomes active (Anniversary Day).

Example: Shop XYZ starts a TBM user account on January 1. On February 1, Shop XYZ will be charged a monthly subscription plan fee.

In the event your account is updated, your anniversary date may be affected. It is the duty of the seller to be aware at all times of their subscription plan and payment dates. Subscription payment dates and details are made available at all times to sellers via their seller admin account.

Subscription plans will continue to charge and bill seller stores unless the seller account is closed or terminated. Subscription plan services will cease on the date your account is canceled. Refunds for subscription plan monthly fees are not refundable. However, prorated account fees may be provided in the event that your account is canceled prior to the end of the billing cycle.

The seller's account must stay paid in full at all times. Past-due seller accounts risk termination or collections.

In the event you are charged in error, TBM will work to correct the error. Please submit a ticket using your account for fee disputes.

j. Fees and Billing—Transaction Commissions

All seller stores are required to pay a commission (as stipulated by their account subscription plan) on each transaction made using a TBM service. Commission fees are payable directly to TBM, and you grant TBM the right to automatically charge your financial account to settle any outstanding transaction commission fees.

TBM commission fees include payment processor fees.

In the event of a return, commission fees are not returned by the payment processor or TBM. Seller stores are responsible for chargebacks, less TBM's responsibility for chargeback commission fees. TBM is not responsible for any payment processor fees that are not returnable, including chargebacks.

THE SELLER AGREES TO NOT ATTEMPT TO CIRCUMVENT OR OTHERWISE AVOID PAYING TRANSACTION COMMISSION FEES. THIS INCLUDES BUT IS NOT LIMITED TO INSTRUCTING TBM USER TO PAY FOR GOODS AND SERVICES, ORIGINATING FROM THE ONLINE MALL, USING A NON-TBM FINANCIAL PAYMENT METHOD AND/OR PROCESS.

k. Fees and Billing: Seller Specific Fees

Sellers are responsible for all shipping, handling, and fulfillment fees. In addition, and at their discretion, sellers may charge fees related to return restocking or return shipping and handling. All sellers agree to be fair and reasonable in their shipping, handling, and return restocking fees.

l. Seller Payments—Fees and Billing

All sellers are required to have a Stripe account to transact using a TBM service. All Stripe accounts must be connected to your TBM user account. Financial account information must remain current at all times to avoid any payment delays.

Sellers grant TBM the right to accept 100% payment on all transactions made using a TBM service. Sellers will promptly receive payment from TBM, less commission fees, once the transaction has been completed and the payment processor has released payment.

m. Fees and Billing—Fee Adjustments

In the event of a fee change, TBM will provide 21 days' notice in writing to all TBM users. TBM may, from time to time, offer promotions or discounts that may alter fees. All promotions and/or discounts are subject to their respective terms. Unless otherwise stated, all fees are quoted in US dollars (USD).

 

n. Fees and Billing – Additional Billing Information

From time to time, certain fees not associated with subscription plan reoccurring fees may become due. In such an event, TBM will automatically charge the seller on the agreed-upon date and for the agreed-upon amount.

VI. Notices, Disclosures, and Communications

a. TBM Business Hours

TBM's normal office hours for business matters are M-F 9:00 a.m.–5:00 p.m. CST unless otherwise stated. Any communications or requests received after the close of business will be considered received on the following day.

Payments due will not be considered past due until after 11:59 pm on the due date.

b. TBM Contact Information

TBM services are provided under the legal name The Biking Market, LLC, which is located at:

539 West Commerce Street, Suite 5051

Dallas, TX, 75208

Correspondences sent to this address do not constitute notice.

c. Notice

TBM Service users agree that notice from TBM can be digital and fulfilled by TBM posting the notice on their website or by direct correspondence in digital form sent from TBM to the user via their provided accurate email address, unless otherwise required by law. TBM will provide written physical notice via certified mail if the law prohibits digital notice or if TBM is unable to reach the user via email.

All notices shall be deemed provided after 24 hours have passed since being sent to a user or posted on our website, unless notice is provided via certified postal mail. In such a case, notice is provided 3 days after the notice has been sent.

TBM Service users also agree that notice provided to TBM must be in writing and delivered via postal mail to The Biking Market at the following address:

Legal Department

5900 Balcones Drive STE 100

78731 Austin, TX

A user cannot provide notice to TBM via email.

d. Disclosure

TBM provides disclosures, as required by law, to all relevant TBM users. TBM users must provide disclosure on matters that are legal in nature and may involve any TBM service.

e. Communication

TBM users agree to receive messages from the company regarding their user account. TBM e-mail and messaging system communications will not constitute legal notice to TBM or any of its officers, employees, agents, or representatives in any situation.

For contractual purposes, you (a) consent to receive communications from the company in an electronic form via the email address you have submitted; and (b) agree that all terms of use, agreements, notices, disclosures, and other communications that the company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the company and special offers. You may opt-out of such emails by changing your account settings or sending an email to support@thebikingmarket.com.

Opting out may prevent you from receiving messages regarding the company or special offers.

VII. Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to any TBM service, including applicable copyrights, trademarks, and other proprietary rights. Other products and company names that are mentioned on TBM Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these terms of use.

a. Intellectual Property of TBM

The Biking Market and other TBM intellectual property owned by TBM are the sole property of TBM. Graphics, logos, works, designs, website content, domain names, email addresses, software code, scripts, and so on are all examples.

You agree to not use or reproduce in whole or in part any intellectual property owned by TBM unless express permission is given in writing by TBM. You further agree to not use any TBM intellectual property in any manner that would likely cause confusion.

Regardless of your physical location, country of citizenship, or place of residence, you agree that TBM has a claim of action against you in any relevant jurisdiction.

b. Termination of Repeat Infringer Accounts

The company respects the intellectual property rights of others and requests that the users do the same. In accordance with 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that allows for the termination of users of any TBM Service who are repeat infringers in appropriate circumstances. The Company reserves the right to revoke access to participants or users who are repeatedly found providing or posting protected third-party content without the necessary rights and permission.

c. DMCA Take-Down Notices

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on a TBM service infringe upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending notice to TBM. Please provide an answer to the following question in your notice.

  1. The date of your notification
  2. A physical signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right;
  3. A description of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works on a single online site are covered by a single notification, a representative list of such works on that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Address, phone number, and/or email address, or other information reasonably sufficient to allow the TBM Services provider to contact you;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

d. Counter-Notices

If you believe that your User Content that has been removed from any TBM Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your signature, either physical or electronic;
  2. A description of the content that has been removed and the location at which it appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the company's copyright agent, the company may send a copy of the counter-notice to the original complaining party, informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (in the company’s discretion) be reinstated on TBM Services 10 to 14 business days or more after receipt of the counter-notice.

VIII. Warranty Disclaimer

ALL TBM SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING TBM SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR NON-INFRINGEMENT., THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE TBM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM ANY TBM SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

IX. General Terms

If any part of these terms of use is held invalid or unenforceable, that portion of the agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. A failure by the company to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement will survive any termination of this agreement.

You agree that any cause of action you may have that is related to or arises out of your relationship with the company must commence within one year after the NEXUS (reason for the cause of action) of the cause of action occurs. Otherwise, such a cause of action is permanently barred.

These terms of use and your use of TBM Services are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions.

The Company may assign or delegate these terms of use and/or the Company’s privacy policy, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate any rights or obligations under the terms of use or privacy policy without the company’s prior written consent, and any unauthorized assignment or delegation by you is void.

You acknowledge that you have read the terms of use, understand the terms of use, and will be bound by these terms and conditions. You further acknowledge that these terms of use, together with the privacy policy, represent the complete and exclusive statement of the agreement between us and that it supersedes any prior proposal or prior agreement, oral or written, and any other communications between us related to the subject matter of this agreement.

a. Modification of terms

We can amend these terms of use at any time and will update these terms of use in the event of any such amendments. It is your sole responsibility to check the TBM Services from time to time to view any such changes in the terms of use. If you continue to use TBM Services, you signify your agreement to our revisions to these terms of use. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this added reason, you should keep your contact and profile information current. Any changes to these terms of use (other than as set forth in this paragraph) or waiver of the company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the company. No ostensible waiver or modification of these terms of service by the company via telephone or email communications shall be valid.

b. Limitations of Liability

You agree to use TBM services at your own risk. To the extent permitted by applicable law, in no event shall the company, its affiliates, directors, employees, partners, subsidiaries, officers, or agents be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however, so this provision may not apply to you.

If you have a dispute with one or more users, you completely release and hold harmless TBM (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

TBM has no control over user content and does not guarantee TBM users' true identity or location. TBM services, you accept all applicable risks associated with dealing and interacting with online individuals and businesses and agree to hold TBM harmless for any issue resulting from any interaction, communication, transaction, or any other means by which a dispute may arise.

c. Indemnity

You agree to indemnify and hold harmless TBM and its affiliates, directors, employees, licensors, partners, subsidiaries, officers, directors, and agents from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

d. Termination or Expiration.

All sections of this agreement shall survive unless otherwise prohibited by law. In the event that the law prohibits the survival of a section of this agreement, all other sections shall remain intact.

e. Breach

A USER FOUND IN BREACH OF THIS AGREEMENT MAY HAVE HIS OR HER ACCOUNT SUSPENDED OR TERMINATED, AND MAY BE SUBJECT TO LEGAL ACTION TO THE FULLEST EXTENT ALLOWED BY LAW.

f. TBM Dispute Resolution

In the event a dispute arises between you and TBM, otherwise prohibited by law, you agree to attempt to fully resolve such a dispute directly with TBM first.

In the event a resolution cannot be made with TBM directly, you agree to attempt to fully resolve the dispute with the company’s mediator.

g. Third-Party Dispute Resolution

In the event a dispute arises between you and a third-party accessing the TBM service, you agree to release TBM from any and all claims, demands, and damages (actual or consequential) of any kind.