Terms of Use

TN MARKETING TERMS OF SERVICE HIGHLIGHTS

TN Marketing, Inc. (“TNM”) provides online and off-line services on its own behalf and on behalf of its marketing partners. These highlights of our Terms of Service are to help you understand the terms which you are bound by when accessing our service. Please also read our full Terms of Service for details and defined terms. You Accept These Terms
  • Each time you access and/or use the Sites or our Services, you agree to be bound by these Terms and any additional terms that will apply to you, prospectively.
Binding Arbitration of All Disputes; No Class Relief
  • Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
Payments and Online Video Membership Services/Merchandise Continuity Series
  • You agree that we can use your billing information as long as you have an account for the time and reasons outlined in these Terms, any offer you accepted, and our Privacy Policy.
Privacy
  • Please see how we collect, use and share your information as outlined in our Privacy Policy.
Disclaimer of Warranties
  • We disclaim warranties and provide the Sites “As is.”
Limitation of Liability
  • Our liability is limited.
Contact
  • Questions about our Terms may be sent to support@tnmarketing.com or write to us at: TN Marketing, Inc., 1903 Wayzata Boulevard East, Wayzata, MN 55391, or as otherwise set forth in the Terms.
Effective Date November 18, 2014

TN MARKETING TERMS OF SERVICE

1. ACCEPTANCE OF TERMS OF SERVICE These Terms of Service (“Terms”) are an agreement between you and TN Marketing, Inc. (“TNM” “us”, “our” or “we”) and sets forth the legally binding terms governing your use of the services provided by TNM which are available on any websites that link to these Terms ( collectively, the “Sites”) as well as our other related services, tools, and other applications that link to these Terms, and any other way in which you connect with us or the services which are available through TN Marketing on its behalf and on behalf of its marketing partners (collectively, the “Services”). Please read these Terms carefully before using the Sites or Services because they are a legally binding document and affect your legal rights and obligations. Binding Terms. Each time that you access our Sites or use our Services you signify that you have read, understand, and agree to be bound by our privacy policy incorporated herein by reference. If you do not agree to any of the terms of the privacy policy or these Terms, you must discontinue using the Services and terminate your access to the Services. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its Terms. Updates to Terms. TNM reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Sites with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the Services after we post any changes to the Terms signifies your agreement to any such changes. Electronic Communications. By accessing or using the Services, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. To receive a non-electronic copy of this Agreement, please email us at support@tnmarketing.com or send a letter and self-addressed stamped envelope to: TN Marketing, Inc., 1903 Wayzata Boulevard East, Wayzata, MN 55391. Contacting You. When you provide us with contact information in connection with a particular activity or product or otherwise when using our Services, including an email address or telephone number in connection with that activity, product or service, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent and you attest that you have the legal authority over any contact information provided to us, including your mobile or other telephone number, and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving). Please keep contact information up to date: you are solely responsible for any contact information you provide to us. 2. BILLING OR SUBSCRIPTION ACCOUNT Purchasing our Merchandise, our Merchandise Continuity Series and our Online Video Membership Services. Please refer to the applicable offer for a description of our merchandise, our series, libraries and collections and or current subscription plans and pricing. Any terms and conditions of any offer disclosed to you when ordering are deemed part of these Terms. Fees. If you purchase merchandise or use our Services, including without limitation, our online video membership services (“Online Video Membership Services”) and merchandise series, libraries or collection series (“Merchandise Continuity Series”) TNM will bill you periodically for the offer you selected and will bill you the applicable fee (“Fee”) using the billing information you provide (“Billing Information”). You agree to pay TNM all Fees and other charges for the Merchandise Continuity Series or Online Video Membership Services you purchased using your Billing Information, including any applicable taxes, and you authorize TNM to charge your chosen payment provider (your “Payment Method”) for the merchandise or for your periodic Online Video Membership Services or Merchandise Continuity Series, including the recurring Fees for any automatically renewing Membership Term or Merchandise Continuity Series you select. You agree to make payment using your selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If TNM does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method we may re-present such un-cleared or rejected payment to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys’ and collection agency fees. TNM reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. In the event TNM cannot charge the Payment Method you provide, we reserve the right to terminate your order, membership or invoice you for any unpaid amounts. Online Video Membership Services and Merchandise Continuity Series. Access to our Online Video Membership Services which provides membership access to Videos may consist of an initial period, where you have access for a trial period, followed by recurring period charges for the subsequent monthly or annual subscription terms (or another term available which you select). Your membership will be automatically renewed for successive terms until you cancel your membership. Your membership in any of our Merchandise Continuity Series may consist of an initial trial period followed by subsequent charges for merchandise you decide to keep. TNM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR MEMBERSHIP TO OUR ONLINE VIDEO MEMBERSHIP SERVICES OR MERCHANDISE CONTINUITY SERIES OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. Cancelation Rights. NOTWITHSTANDING THE FOREGOING, YOU HAVE THE RIGHT TO CANCEL YOUR MEMBERSHIP WITHOUT OBLIGATION WITHIN 30 BUSINESS DAYS AFTER THE DATE YOU BECOME A MEMBER. Termination. To terminate your membership or change your Payment Method please contact customer service or contact us as set forth in Section 11 below. Current Billing Information Required. You must promptly notify TNM if your payment method is canceled (e.g., for loss or theft). If you fail to provide TNM any of the foregoing information you remain responsible for any continued charges to the Payment Method you provided. Accurate Information. For purposes of identification and billing, you agree to provide TNM with accurate, complete, and updated information required when purchasing online (“Purchasing Information”), or purchasing online or offline, including your name, address, telephone number(s), and applicable payment information (e.g., credit/debit card number, billing address, and expiration date (“Billing Information”) and provide TNM and its third party payment processor express authorization to charge said fees at the time of purchase. Failure to comply with this provision (including without limitation falsification of any Purchasing Information or Billing Information) may, at TNM’s option, result in immediate suspension or termination of your right to use the Services. Change In Fees for Recurring Charges:
  • Video Online Membership Services: If the amount to be charged to your Payment Method varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), TNM will provide notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the next Fee charge. For all subscription terms other than monthly terms you will receive a notice of the amount to be charged for the next subscription term and the date upon which you have to cancel to avoid the charge for that renewal and a reminder of how you can cancel your subscription at least 30 days before the scheduled date.
  • Merchandise Continuity Series: If the amount you are to be invoiced varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), TNM will either provide you with notice of the increased amount of the merchandise that is part of your Merchandise Continuity Series at least 30 days before your next shipment or will provide you with a notice of the increase on the invoice provided to you along with the next item you receive in your series. If you have not received prior written notice of said increase then TNM will also provide a postage paid return envelope for your return of any merchandise so that you can return the merchandise at no cost to you. Once you have received this notice about an increase in price or paid the increased price you agree to that new price for future merchandise sent as part of your Merchandise Continuity Series.
Free or Introductory Promotional Offer. If you enrolled for our Online Video Membership Services or our Merchandise Continuity Series under a special introductory trial offer (for example, a discounted or free initial trial or free merchandise), you hereby acknowledge that unless you cancel your trial within the time frame presented in the offer, the applicable Fee for the Membership Term or Merchandise Continuity Series selected will be posted to your Payment Method after the trial period is completed. You agree that there is one (1) introductory or trial offer for use per person. For Billing-Related Inquires. For assistance with billing-related issues please contact customer service or contact us as set forth in Section 11 below. 3. USE OF THE SERVICES Personal Use. The content offered on the Sites (“Content”) and the Services offered are intended for your personal, noncommercial use or for resale to any third party in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content, in any medium, without TNM’s prior written consent, or (ii) alter or modify any part of the Content. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content or to manipulate the Sites or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Sites or any computer software or hardware or telecommunications equipment. You may not use the Sites or Services in any manner that could damage, disable, overburden, or impair any TNM server, or the network(s) connected to any TNM server, or interfere with any other party’s use and enjoyment of the Sites or Services. You may not attempt to gain unauthorized access to Sites or Services, other accounts, computer systems or networks connected to any TNM server or to any of the Sites or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or Services. You may not reverse engineer, decompile or disassemble any software accessed through Sites or Services, including any proprietary communications protocol used by TNM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray TNM, or the Services in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by TNM of the Sites from which you are linking. Further, the Sites from which you are linking to the Sites must not contain any obscene, defamatory, pornographic, offensive or illegal content. Modification to Services. TNM has the right to modify its Services (and products assessable through its Services) and Content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of TNM in providing its products, services, Content or any Services is to cancel your order or stop using our Services. Binding Offer. Nothing on the Sites constitutes a binding offer to sell, distribute or give away products and/or Services. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. Any prices displayed on the Service are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event products and/or Services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. If your order is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of products and/or Services, which you, your family or any group seek. Images of Merchandise. Images available on or through the Sites of any products may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such products. 4. USE OF POSTING SERVICES ON THE SITES Posting Services. The Services contain communication services designed to enable you to post and communicate content, such as reviews, on the Sites (collectively, “User Content”) using the Services (the “Interactive Services”). You agree that all such User Content you submit, post, upload, embed, display or communicate (collectively, “Distribute”) through the Interactive Services will comply with these Terms and with the User Requirements set forth herein. You acknowledge and agree that your User Content Distributed via the Interactive Services is public and that you have no expectation of privacy concerning your use of the Interactive Services or your User Content. Therefore, exercise caution when using the Interactive Services as any personal information that you communicate may be seen and used by others and result in unsolicited communications. TNM has no obligation to monitor User Content but reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. TNM specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Interactive Services. TNM IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST ON OR THROUGH THE INTERACTIVE SERVICES. Objectionable Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to support@tnmarketing.com. License to User Content. All User Content must comply with these Terms. By submitting, transmitting, or displaying your User Content on or through the Services, you automatically grant (and you represent and warrant that you have the right to grant) to TNM, its licensees, and their respective successors in business and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Services, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Services and Services (“License”). Representation of Ownership. You retain copyright and other intellectual property rights with respect to any User Content that you submit or Distribute through the Services to the extent that you have such rights under applicable law. By posting User Content on the Services you represent and warrant that (i) you own such User Content or otherwise have the right to grant us the License set forth in these Terms; (ii) the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on the Services is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights); and (iv) you are solely responsible for, and TNM will have no liability in connection with your User Content or any other User Content you access through the Services. Your ownership in your User Content does not confer any rights of access to the Services or our Services, nor any rights to other User Content or TNM Content stored by or on behalf of TNM. User Requirements. You agree that you may not access or use the Services in order to:
  • attempt to get a password, other account information, or other private information from a member or any other user of the Services;
  • improperly use support or complaint buttons or make false reports to TNM administrators;
  • sell, buy, license or transfer access to your account;
  • copy, display, distribute, alter or modify the Services;
  • use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce TNM Content or to manipulate the Services;
  • use or copy, TNM Content including any data you view on and/or obtain from the Services to provide any product or service that is competitive to TNM, or its clients, as determined in TNM’s sole discretion;
  • interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment;
  • use the Services in any manner that could damage, disable, overburden, or impair any TNM server, or networks connected to any TNM server, or interfere with any other party’s use and enjoyment of any Services;
  • gain unauthorized access to any Services, other accounts, computer systems or networks connected to any TNM server or to any of the Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
  • reverse engineer, decompile or disassemble any software accessed through the Services, including any proprietary communications protocol used by TNM;
  • use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity;
  • upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of any Services or any user’s computer;
  • exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage;
  • use any Services for any unlawful purpose or any illegal activity, or post or submit any content whatsoever that is false, defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in TNM’s sole discretion;
  • post content that contains links to other sites that contain the kind of content, which falls within the descriptions prohibited by this section.
Digital Millennium Copyright Act (“DMCA”) Notice Filing a Complaint: TN Marketing, Inc. has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. Further we reserve the right to remove any User Content on the Sites which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Sites which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. We are under no obligation to, and do not, scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Sites. If you believe any materials on any Site infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by fax or regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
  • Identification of the url of the Site and the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Your name, address, telephone number and email address (if available);
  • A statement that the complaining party has 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;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA. Filing a Counter-Notice: If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by fax or regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
  • Identification of the copyrighted work (or works) that was removed by TNM and the url of the Site and location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
  • Your name, address, telephone number and email address (if available);
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or the Commonwealth of Massachusetts if your address is outside of the United States;
  • A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
  • A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down;
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA. Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:

TN Marketing, Inc. 1903 Wayzata Boulevard, East Wayzata, MN 55391 Attention: Tom Durand

5. PROPRIETARY RIGHTS IN CONTENT Ownership of Content and Marks. The Services, and all Content published on or accessible through the Sites or Services (which includes but is not limited to text, tests, photographs, video, graphics, music, images, animations, audio, software, plug-ins, “applets” incorporated into the software, data, sounds, messages, comments) is owned by TNM or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. TNM owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Sites. All trademarks, logos, service marks, trade names, and trade dress appearing on the Sites (“Marks”), are proprietary to TNM or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded from the Sites. You may not frame or utilize framing techniques to enclose any Mark or Content (including images, text, page layout, or form) nor use any Meta tags or any other “hidden text” utilizing TNM’s name or Marks without the prior express written consent of TNM. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any Sites, Services or any of the Marks or Content, in whole or in part, without the prior written consent or TNM. TNM grants you a limited, revocable, non-sublicenseable license to access (but not through scraping, spidering, crawling or other technology or software used to access data), and display the Content (excluding any software code) solely for your use in connection with accessing and using the Sites and Services as reasonably necessary to use the Sites or Services for their intended purpose. TNM reserves all rights not expressly granted in and to the Marks, Content, Sites and Services. No Other License Granted. Except for allowing you to use the Sites and Services for your use as set forth herein, when you use the Sites or Services, you are not receiving a license or any other rights from TNM, including intellectual property or other proprietary rights of TNM. You understand that you have no rights to the Content, Sites or Services or any other TNM property except as indicated. 6. GENERAL Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to use the Services. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. U.S. Export Controls. Software from the Sites (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Communications from TNM. You may receive online communications from our marketing partners or from us. To unsubscribe from any promotional email simply click on the “Unsubscribe” link at the bottom of the email. You may also indicate your privacy preferences by emailing us at privacy@tnmarketing.com or contacting us as set forth in Section 11 below. To see how we use your personal information go to our privacy policy at www.tnmpolicies.com. Links and Other Third Party Activities. You may be able to access other websites or resources through links accessible through Sites. Because TNM has no control over such websites you acknowledge and agree TNM is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such websites or resources nor does TNM endorse any such websites or the products or services assessable on such websites. You further acknowledge and agree that TNM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resource. 7. LEGAL NOTICES Disclaimer Of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITES AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING OR ACCESSING THE SITES AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITES AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITES OR SERVICES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. IN ADDITION TO THE PRECEDING PARAGRAPH AND OTHER PROVISIONS OF THIS AGREEMENT, ANY ADVICE THAT MAY BE POSTED ON THE SITES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL ADVICE. YOU ACKNOWLEDGE THAT TNM MAKES NO WARRANTY THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT TNM DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF TNM WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE PRODUCTS OR SERVICES OR CONTENT ACCESSIBLE OR CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING TNM, THE SITES AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, TNM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITES, PRODUCTS AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES AND SERVICES. Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TNM OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITES OR THE SERVICES, EVEN IF TNM HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TNM’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN TNM’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED WHAT YOU PAID FOR THE PRODUCTS OR SERVICES FOR THE LAST 90 DAY PERIOD YOU WERE CHARGED. If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” 8. RESOLUTION OF DISPUTES FOR US RESIDENTS Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without application of conflict of laws rules, except that the Arbitration provision shall be governed by the Federal Arbitration Act. Resolution of Any Dispute. In the event a dispute arises between you and TNM, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer care department or calling 877-329-9375. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed: Timing of Dispute. Any claim you may have with respect to Sites, the Services, or the content accessed through Sites and Services must be commenced within two (2) years after the claim arises or it shall be barred. Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND TNM EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and TNM agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content accessible from Sites; claims that may arise after the termination of your Membership or Subscription Service; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls. (“Claim(s)”) which cannot be settled through the customer service department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“Class Action Waiver”). Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to TNM shall be sent to the following address: TN Marketing, Inc., 1903 Wayzata Boulevard East, Wayzata, MN 55391. All notices to users will be sent to the email and/or address provided when ordering. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or TNM may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web Sites at www.adr.org. The arbitration of any Claim shall be conducted in the State of New York, and for any non-frivolous claim that does not exceed $10,000 TNM will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event TNM prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses. Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration. Exception. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration, with the exception of any claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which claims or actions shall not be subject to arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. Survival. This arbitration provision shall survive termination of this Agreement and the closing of your account. Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on Class Action Waiver cannot be enforced, then this agreement to arbitrate will not apply. 9. RESOLUTION OF DISPUTES FOR NON-US RESIDENTS If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Sites or Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to us at tnmforeigndispute@tnmarketing.com or to TNM, Inc., 1903 Wayzata Boulevard East, Wayzata, MN 55391, United States. For a period of sixty (60) days from the date of receipt of notice from the other party, TNM and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or TNM to resolve the dispute on terms either you or TNM, in each of our sole discretion, are uncomfortable. Nothing in this section will prevent a party from pursuing their claims in court or another complaint process. 10. MISCELLANEOUS These Terms and policies incorporated herein are the entire agreement between you and TNM. They supersede any and all prior or contemporaneous agreements between you and TNM relating to your use of the Sites or the Services. TNM may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of TNM to partially or fully exercise any rights or the waiver of TNM of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by TNM or be deemed a waiver by TNM of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of TNM under these Terms and any other applicable agreement between you and TNM shall be cumulative, and the exercise of any such right or remedy shall not limit TNM’s right to exercise any other right or remedy. 11. CONTACT US Please email us at support@tnmarketing.com or contact customer service at 877-329-9375 or write to us at: TN Marketing, Inc., 1903 Wayzata Boulevard East, Wayzata, MN 55391 if you have any questions about these Terms. Copyright © 2014, TN Marketing, L.L.C. All rights reserved.
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