Tanzio.com - If You Post It, They Will Come

Terms & Conditions

A. Acceptance of Terms

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below ("Terms of Use") Use and the Privacy Policy constitute a legally-binding agreement between Tanzio, Inc., a Washington corporation ("Tanzio"), and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Tanzio website, including the classified advertisements, forums, various email functions and Internet links, and all content and Tanzio services available through the domain and sub-domains of Tanzio located at www.getDomain(); ?> (collectively referred to herein as the "Website"), and (ii) the online transactions between those users of the Website who are offering Services (each, a "service professional") and those users of the Website who are obtaining Services (each, a "Service User") through the Website (collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website. These terms govern the relationship between you and Tanzio, Inc., and between buyers and sellers on getDomainTitle(); ?>.

Check out our privacy policy after you read this.

You acknowledge that the Website serves as a venue for the online distribution and publication of user-submitted information between service professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking below on "I have read and agree to the Terms of Use and the Privacy Policy," you hereby certify that: (1) you are either a service professional or Service user, (2) you have the authority to enter into these Terms of Use, (3) as stated above, you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately. Tanzio is meant to be a website where users can buy and sell services from one another.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business. You have been notified of these terms, and you accept them if you continue to use Tanzio.

If you're posting for a business, you must have the authority from the business owner to do so.

1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Tanzio reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time, and Tanzio will post notice of the changes and the amended Terms of Use at the domain of http://www.getDomain(); ?>/terms, and/or may communicate the amendments through any method of written contact that Tanzio has established with you. It is your responsibility to review the Terms of Use for any changes. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website

2. PRIVACY POLICY

Tanzio has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

Tanzio may occasionally change these terms. If that happens, we will try to communicate the changes to you by email, and we will at least post the changes on this page.

B. Membership and Accessibility

1. LICENSE TO ACCESS

You can use Tanzio as long as you follow the rules, and don't copy or change the website without our permission.

2. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations.To use Tanzio, you have to be 18, you have to submit truthful information, you can't break any laws, you can't Ôscrape' or collect user information from our site, you can't recruit from our site for non-Tanzio transactions, and you can't spam our users.

To access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). You are solely responsible for safeguarding your password at all times and shall keep your password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Tanzio immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You agree that you will not misrepresent yourself or represent your self as another user of the Website and/or the Services offered through the Website. You hereby acknowledge and agree that Tanzio will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Tanzio or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."Keep your password safe, and let us know if someone breaches your account. We aren't liable for problems that result from someone breaking into your account.

You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):

1. You will not copy or distribute any part of the Website in any medium without Tanzio's prior written approval.

2. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

3. You will provide accurate and complete information when creating your Account.

4. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Tanzio's prior written approval.

5. You shall not in any manual or automated manner collect service professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.

6. You shall not in any way that transmits more request messages to the Tanzio servers, or any server of a Tanzio subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Tanzio reserves the right to revoke these exceptions either generally or in specific cases.

7. You shall not recruit, solicit, or contact in any form service professionals or Service Users for employment or contracting for a business not affiliated with Tanzio without express written approval from Tanzio. Should Tanzio find that you violated the terms of this paragraph or any terms stated herein, Tanzio reserves the right, at its sole discretion, to immediately terminate your use of the Website.

8. You shall not take any action that (i) unreasonably encumbers or, in Tanzio's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Tanzio's measures that are used to prevent or restrict access to the Website.

9. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

10. Tanzio logs and records all communication (voice, phone, e-mail, text messages). Tanzio presents this information to you (the consumer / user) for the benefit of comparative shopping. The logs, e-mails and recordings are not distributed and are only accessible by the user who generated them. You agree to allow Tanzio to record and log any and all conversations over telephone, e-mail or text message.

If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Website. We can terminate your account if you violate these rules.

3. ADDITIONAL POLICIES

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable Tanzio regulations, guidelines and additional policies that Tanzio may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Tanzio publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Tanzio, in its sole discretion, may terminate your Account at anytime without prior notice to you.

C. Member Conduct

1. PROHIBITIONS ON SUBMITTED CONTENT

Tanzio may not be used for communication to the business community for a purpose other than communicating a need for goods or services.

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting of your Service ("Offer"), or the posting of any opinions or reviews ("Feedback") in connection with the Website, the Service, the service professional, or the Service User (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:

- misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any service professionals;

- provides or create links to external sites that violate the Terms of Use;

- is intended to harm or exploit any individual under the age of 18 ("Minor") in any way;

- is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;

- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;

- contains falsehoods or misrepresentations that could damage Tanzio or any third party;

- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate; Don't use this website to launder money or advertise for services you aren't offering here.

- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Tanzio all of the license rights granted herein;

- contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture-installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;

- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;

- intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming;

- impersonates, uses the identity of, or attempts to impersonate a Tanzio employee, agent, manager, host, another user, or any other person though any means;

- advertises or solicits a business not related to or appropriate for the Website (as determined by Tanzio in its sole discretion);

- contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;

- contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;

- distributes or contains viruses or any other technologies that may harm Tanzio, or the interests or property of Tanzio users;

- contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;

- is non-local or irrelevant content;

- contains identical content to other open Postings you have already posted; or

- uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Tanzio.

2. PROHIBITIONS ON SENDING MESSAGES

You will not send messages to other users containing:

- unsolicited advertising or marketing of a service not offered on the Website or an external website.

You have to pay for what you buy, and you have to provide the services that you've agreed to provide.

3. NO DISCRIMINATION

1. Employment Postings. Federal, state and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Tanzio will not knowingly accept any Posting for employment which is in violation of the law. Tanzio has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is any way in violation of any federal, state, or local law.

2. Real Estate Postings. The Federal Fair Housing Act of 1968 prohibits real estate postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, handicap or familial status or an intention to make any such preference, limitation or discrimination. Tanzio will not knowingly accept any Posting for real estate which is in violation of the law.

Posting discriminatory requests for employment or housing violates federal law.

4. PROHIBITIONS WITH RESPECT TO SERVICES

While using the Website, you shall not:

- post content or items in any inappropriate category or areas on the Website;

- violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;

- fail to deliver payment for Services purchased by you, unless the service professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the service professional's identity;

- fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity;

- manipulate the price of any Service or interfere with other users' Postings; Don't try to manipulate your feedback rating.

- circumvent or manipulate our fee structure, the billing process, or fees owed to Tanzio;

- post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);

- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);Be truthful in the feedback you post about people.

5. FEEDBACK

As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the service professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a service professional or a Service User from leaving Feedback.

1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Tanzio, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page. Let us know if you see inappropriate feedback. We can remove any feedback postings at our own discretion.

2. Reporting Inappropriate Use of Feedback. You may contact Tanzio regarding any inappropriate use of Feedback at getDomainTitle(); ?>/contact or via-email at support@getDomain(); ?>.

3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Tanzio shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, TANZIO HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY.

The foregoing lists of prohibitions provide examples and is not complete or exclusive. Tanzio reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Tanzio determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Tanzio reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Tanzio deems appropriate in Tanzio's sole discretion. Tanzio may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Tanzio's discretion, Tanzio will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. Tanzio does not and cannot review every Posting posted to the Website. These prohibitions do not require Tanzio to monitor, police or remove any Postings or other information submitted by you or any other user. Tanzio is too big for us to monitor on our own, so we can't guarantee we'll remove every bad thing that people post here.

D. Rules for service professionals

We can limit or cancel your account if you violate any of these terms.

SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS

If a service professional violates any of the above-referenced rules in connection with his or her Posting, Tanzio, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the service professional's Account privileges; (c) suspend the service professional's Account; (d) cause the service professional to forfeit any fees earned on a canceled Posting; and/or (e) decrease the service professional's status earned via the Feedback page.

E. Rules for Service Users

Don't contact a service professional unless you think you might actually use their service. Tanzio may not be used for communication to the business community for a purpose other than communicating a need for goods or services.

1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:

(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the service professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Tanzio in connection with the use or purchase of any Service.

2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS

If a Service User violates any of the above-referenced rules in connection with his or her Posting, Tanzio, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.

F. Use of Submitted Content

1. NO CONFIDENTIALITY

The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Tanzio does not guarantee any confidentiality with respect to any Submitted Content. We can't guarantee the confidentiality of anything you post publicly.

You agree that any Submitted Content provided by for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that Tanzio shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You're responsible for what you post.

2. YOUR REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Tanzio to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website. Once you've posted information publicly on Tanzio, we can display, broadcast, or advertise it in other places. If you don't want us to have access to your information anymore, just take down your post.

3. YOUR OWNERSHIP RIGHTS AND LICENSE TO TANZIO

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Tanzio for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to Tanzio a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and Tanzio's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.

You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We are not liable for anything posted by Tanzio's users, and we can remove any user content on the website whenever we want.

You may remove your Submitted Content from the Website at anytime. If you choose to remove your Submitted Content, the license granted above will automatically expire.

4. TANZIO'S DISCLAIMERS AND RIGHT TO REMOVE

1. Tanzio does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Tanzio expressly disclaims any and all liability in connection with all Submitted Content. Tanzio does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Tanzio will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure, that such Posting or Submitted Content infringes on another's intellectual property rights. Tanzio reserves the right to remove any Data or Submitted Content without prior notice. Tanzio will also terminate a user's access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/or has had Submitted Content removed from the Website more than twice. Tanzio also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Tanzio may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at anytime, without prior notice and in its sole discretion. We're sorry if you see something offensive on our site posted by another user. However, what other people post is not our fault. Let us know about it, and we'll remove it.

2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Tanzio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tanzio with respect thereto, and agree to indemnify and hold Tanzio, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. Tanzio will at times check to see if users come up in the DOJ Sex Offender registry. If you don't want us to run a check using your name and zip code, don't sign up.

3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Tanzio may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.

J. Copyright Infringement Take Down Procedure

Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"), Tanzio has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to our Copyright Agent (see 17 U.S.C. ¤ 512(c)(3) for further detail): (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of 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 at the Website, and information reasonably sufficient to permit Tanzio to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit Tanzio to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice." If you think your copyright or trademark is being infringed on Tanzio, please follow these procedures to notify us about it. We'll try to help you solve the problem.

Tanzio's designated Copyright Agent to receive Notice of claimed infringement is: Jason Buck, who can be contacted as follows via: mail: 2204 Riverside Dr #110 Mount Vernon, WA 98273. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Tanzio customer service through getDomainTitle(); ?> or via e-mail at support@getDomain() ?>.

You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. Tanzio will remove any infringing material, subject to the procedures outlined in the DMCA. Notwithstanding Tanzio's instructions above, you are solely responsible for ensuring that any Notice you provide to Tanzio complies with the provisions of the DMCA.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Only the intellectual property rights owner is permitted to report potentially infringing items through Tanzio's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

K. Modifications to or Termination of Website

1. MODIFICATION OR CESSATION OF WEBSITE

Tanzio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Tanzio shall not be liable to you or to any third party for any modification, suspension or discontinuance of Tanzio services.

We will modify Tanzio frequently in order to improve it.

2. TERMINATION BY TANZIO

You hereby acknowledge and agree that Tanzio, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Tanzio believes or has reason to believe that you have violated any provision of the Terms of Use.

You or we can cancel your account at any time, and we aren't liable for any problems arising from your account's cancellation.

3. TERMINATION BY YOU

You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."

4. EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Tanzio system. We own everything we have produced for getDomainTitle(); ?>, and nobody else can use it without our permission.

Unless Tanzio has previously canceled or terminated your use of the Website (in which case subsequent notice by Tanzio shall not be required), if you provided a valid email address during registration, Tanzio will notify you via email of any such termination or cancellation, which shall be effective immediately upon Tanzio's delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Tanzio Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Tanzio shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Tanzio retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Tanzio hereunder shall remain in effect for the foregoing purpose. In no event is Tanzio obligated to return any Submitted Content to you. Sections H, K, L, O, P, Q, S, T, and U (including the section regarding limitation of liability), shall survive expiration or termination of the Website or your Account.

You agree to indemnify and hold Tanzio, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

L. Intellectual Property Rights

1. TANZIO OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE

The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Tanzio, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Website are the property of their respective owners.

Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Tanzio reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

2. TANZIO'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS

The Website contains Tanzio's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Tanzio owns and retains all rights in the Tanzio Data and Marks. Subject to these Terms of Use, Tanzio hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the Tanzio Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.

The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

Tanzio may authorize you to use an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website; provided, however, that you provide a link back to the Website on any pages that contain the Embeddable Player. Tanzio reserves the right to discontinue any aspect of the Website at any time.

N. Disputes Between Registered Users

1. TANZIO IS NOT A PARTY TO ANY SERVICE CONTRACT

Each Registered User hereby acknowledges and agrees that Tanzio is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website.

Tanzio is just an intermediary between buyers and sellers, and we are not a party to any contract between website users.

2. NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind Tanzio in any respect. All service professionals are independent contractors. Neither Tanzio nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Tanzio is not employing you, or partnering with you in any kind of business venture.

3. DISPUTES BETWEEN REGISTERED USERS

Subject to the provisions regarding disputes between Website participants in connection with Feedback (referred to above in Section 5), your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users. You should try to investigate the trustworthiness of anyone with whom you plan to contract. If there's a dispute between you and another Tanzio user, we have no obligation to get involved. We aren't liable for any problems arising from these disputes.

You understand that deciding whether to use the Services of a service professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Tanzio does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT TANZIO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT TANZIO IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE TANZIO, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER. IF YOU HAVE A DISPUTE WITH US, PLEASE TRY TO APPROACH US AND NEGOTIATE THE PROBLEM INFORMALLY. IF YOU INSIST ON SUING US, WE HAVE THE RIGHT TO TAKE THE DISPUTE TO MEDIATION OR ARBITRATION. IF THE DISPUTE GOES TO COURT, WE WILL RESOLVE THE DISPUTE IN WASHINGTON STATE COURTS.

O. Dispute Resolution

If a dispute arises between you and Tanzio, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Tanzio hereby agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or the Website in accordance with this Section L or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution by going to getDomain(); ?> or via e-mail at support@getDomain(); ?> We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

1. GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of the State of Washington, without reference to its conflict of law provisions. You agree that any claim or dispute you may have against Tanzio must be resolved by a court located in Skagit County, Mount Vernon, Washington

Q. Third-party Links

The Website may provide, or third parties may provide, links to other websites or resources. Because Tanzio has no control over such sites and resources, you acknowledge and agree that Tanzio is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. You further acknowledge and agree that Tanzio 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, advertising, product, goods or services available on or through any such website or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than Tanzio. In certain situations, you may be transferred to a Third-party website through a link but it may appear that you are still on this Website, but you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Site with any party other than Tanzio are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. Tanzio is not responsible for the content of any third-party websites linked to from our website. You use Tanzio at your own risk, and we aren't responsible for any problems that might arise from your use of the website.

R. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TANZIO AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TANZIO DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TANZIO DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. TANZIO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD-PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

S. Limitations of Liability

1. IN NO EVENT SHALL TANZIO, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TANZIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TANZIO AND ITS EMPLOYEES ARE NOT LIABLE FOR PROBLEMS ARISING FROM CONTRACTS OR DISPUTES BETWEEN PARTIES, MISTAKES ON OUR WEBSITE, UNAUTHORIZED ACCESS TO THE WEBSITE, VIRUSES CONTRACTED ON THE WEBSITE, INTERRUPTIONS IN SERVICE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANYTHING ILLEGAL POSTED BY A USER.

2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF TANZIO, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO TANZIO BY YOU HEREUNDER.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT TANZIO SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT TANZIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.

THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY TANZIO. TANZIO DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, TANZIO WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE Tanzio FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE. IF YOU ARE INVOLVED IN A LAWSUIT WITH ANOTHER PARTY RESULTING FROM USING TANZIO, YOU AGREE TO PAY FOR ANY COSTS IMPOSED ON TANZIO AND ITS EMPLOYEES ARISING FROM THE DISPUTE.

If we are liable for something, our liability doesn't exceed the amount you've already paid in fees to Tanzio.

3. FORCE MAJEURE

Neither Tanzio nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

T. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TANZIO, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU FOREVER RELEASE TANZIO (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY TANZIO WITHOUT RESTRICTION.

1. If you are a California resident, you waive California Civil Code Section 1542, which provides the following:

1. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

2. If you are not a California resident, you waive your rights under any statute similar to California Civil Code section 1542 that governs your rights in the jurisdiction of your residence.

U. Exclusions and Limitations

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

V. No Third-party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. Only people that have agreed to these terms can benefit from them.

W. Notice

You agree that Tanzio may, but is not required to, provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website. If you want, we will notify you of improvements to, changes to, and promotions on Tanzio.

X. General Information

1. ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Tanzio on the Website, shall constitute the entire agreement between you and Tanzio concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Tanzio's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. This, together with the Privacy Policy, is the entire agreement between you and us.

2. STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

3. SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

Privacy Policy

Tanzio, Inc. ("Tanzio") is committed to protecting the privacy of your information. We recognize that privacy is of utmost importance. This Privacy Policy details certain policies implemented throughout Tanzio governing Tanzio's use of personal data collected through Tanzio's website located at www.getDomain(); ?> (the "Website") and the services provided by Tanzio on the Website ("Services"). The Privacy Policy describes how we handle your personal information in connection with your use, and our operation, of the Website and Services, including the kind of personally identifiable information that we gather and how it is used and disclosed.

If you have any questions or comments about the Privacy Policy, please contact us at support@getDomain(); ?>. Let us know if you have any questions or comments about this Privacy Policy.

The Privacy Policy is incorporated into and is subject to the Tanzio Terms of Use, which can be accessed at http://www.getDomain(); ?>/terms. Your use of the Website and/or Services and any personal information you provide on the Website remains subject to the terms of the Privacy Policy and Tanzio's Terms of Use. All capitalized terms used herein and not otherwise defined herein have the definitions set forth in the Terms of Use. If you haven't already, you should also check out our Terms of Use to see your rights and responsibilities regarding Tanzio's use.

Please note that any video, image, comments, or Service description, or other Submitted Content posted by users onto the Website becomes published content and is provided on a non-proprietary and non-confidential basis. Please note that, generally, Submitted Content will be accessible by other users on the Site and can be used by those people to send you unsolicited communications. Please be sure that any information you post on any area of the Website (including any Submitted Content) is information that you are comfortable with sharing with others. Anything you post on your profile, any services you list, and any requests you make are public information. Don't post anything on Tanzio that you wouldn't be comfortable sharing with your mother.

A. Collection of Your Personal Information

1. COLLECTION OF PERSONAL INFORMATION

You can generally browse parts of the Website without telling us who you are or revealing any personally identifiable information about yourself. In certain sections of the Website, however, we may invite you to submit questions, participate in polls or surveys and request information or require you to register for an Account. When you register for an Account or when you submit questions, participate in polls or surveys and request information, we may ask you to provide certain personal information such as your legal name, civil status, occupation; your contact information, including email address and/or telephone number; your demographic information, such as postal code, and residential and commercial addresses; your preferences and interests; and other information relevant to user surveys and/or offers. We may also collect personal information that you post in your Offer, Profile, Wants, or Feedback, and any comments or discussions you post in any blog, chatroom, or other correspondence site on the Website, or any comments you provide during dispute resolution with other users of the Website. If we deem it necessary, in our sole and absolute discretion, we may also ask for and collect supplemental information from third parties, such as information about your credit from a credit bureau (to the extent permitted by law), or information to verify any identification details you provide during registration. You can browse Tanzio anonymously. However, we will collect and use any information that you supply to us on your own. We don't plan on doing anything devious with this information; rather, we hope to use this information to improve Tanzio and tailor it to your needs.

2. COLLECTION OF AGGREGATE INFORMATION

We may collect aggregate information from your use of our Website and Services, such as your browser type, your ISP or operating system, the URL of the previous website you visited, and your IP address, none of which can be easily used to identify you. We will collect certain information provided by your computer when you visit Tanzio. However, we can't personally identify you with this information, and we will only use it to look at where our users are coming from and why they might be attracted to Tanzio.

3. COLLECTION OF COOKIES INFORMATION

We may collect information from you by using cookies. A cookie is a small file stored on user's computer hard drive containing information about the user. The cookie helps us analyze web traffic or informs you about your use of a particular website. Cookies allow web applications to respond to you as an individual, tailoring its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. When you visit the Website, we may send one or more cookies (i.e., a small text file containing a string of alphanumeric characters) to your computer that identifies your browser. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you disable cookies you may be prevented from taking full advantage of the Website because it may not function properly if the ability to accept cookies is disabled. Like most other websites, Tanzio collects information from your web browser using "cookies." We use cookies to tailor your use of Tanzio to your preferences. If you don't want us to use cookies, simply disable them in your web browser.

4. LOGGING AND RECORDING OF COMMUNICATION

Tanzio logs and records all communication (voice, phone, e-mail, text messages). Tanzio presents this information to you (the consumer / user) for the benefit of comparative shopping. The logs, e-mails and recordings are not distributed and are only accessible by the user who generated them.

B. How Tanzio Uses the Personal Information We Collect

1. HOW PERSONAL INFORMATION IS USED

We collect your personal information to better understand your needs and to provide you with a better Website experience. Specifically, we may use your personal information for any of the following reasons: Tanzio uses the information you provide us in a few ways. First, we use it to register you the first time you use Tanzio, and to verify your identity each time you return. Second, we share it with our payment services when you transact through Tanzio. Finally, we use it to send you information and updates about Tanzio unless you opt out of our mailings.

1. Register you to use our Services;

2. Verify your authority to enter our Website;

3. Internal record keeping;

4. To improve the Website's content and general administration Website, our products and services, and to provide the services and customer support that you have requested;

5. To periodically send promotional emails to the email address you provide regarding new products from Tanzio, special offers from Tanzio or other information about Tanzio that we think you may find interesting;

6. To contact you, via email, telephone, facsimile or mail, to deliver certain services or information you have requested or for Tanzio's market research purposes, including, but not limited to, the customization of the Website according to your interests;

7. We may use your demographic information (i.e., age, postal code, residential and commercial addresses, and other various data) to more effectively facilitate the promotion of goods and services to appropriate target audiences.

When you enter your credit card information into the Website, a credit card processor encrypts the data. Tanzio doesn't save any of your credit card information.

2. HOW AGGREGATE AND COOKIES INFORMATION ARE USED

We track user traffic patterns throughout the Website. We break down overall usage statistics according to a user's demographics, domain name, browser type, and MIME type by reading this information from the browser string (information contained in a user's browser). We sometimes track and catalog the search terms which users enter in our "Search" function. The tracking information helps us to determine which areas of our Website users like and do not like based on traffic to those areas. In addition, we track your entries, submissions, and status in connection with your participation in the Website as a Service Provider or Service User. We use information provided by your computer's cookies to track our users' interests. We do this so we can improve the website, and see which parts of it our users like most.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our Website in order to tailor it to Website users' needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better Website experience, by enabling us to monitor which pages you find useful and which you do not. Cookies generally do not permit us to personally identify you.

3. GENERAL USE

We may also use any of the above-referenced types of information that we gather to: (a) resolve disputes, (c) troubleshoot problems with the Website and/or Services, (d) when legally required or at Tanzio's discretion to cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the Internet, (e) enforce our Terms of Use, (f) customize, measure, and improve the Website's content and design, and (g) compare personal information collected through the Website and Services to verify its accuracy with personal information collected from third parties.

We may also use the information you provide us if we are involved in a dispute with you, if the law requires us to disclose it, or to compare the information you've provided with third party verification services that you request.

C. Electronic Newsletters, Invitations, Polls and Surveys

At our sole discretion, Tanzio may offer any of the following free services on the Website, which you may select to use or receive at your option. Certain of the following services may require you to provide additional personal information as detailed below:

1. ELECTRONIC NEWSLETTERS

We may offer a free electronic newsletter to users. We will gather the email addresses of users who sign up for Tanzio for the newsletter mailing list. Users may remove themselves from this mailing list by opting out of receiving newsletters during the registration process, by following the link provided in each newsletter that points users to a subscription management page where the user can unsubscribe from receiving newsletters or by changing their preferences in their Profile Settings page. You can sign up to receive newsletters from Tanzio if you'd like. You can always opt out of them.

2. "SEND TO A FRIEND"

Our Website users can voluntarily choose to electronically forward a link, page, or document to someone else by clicking "send to a friend." To do so, the user must provide his or her email address, as well as the e-mail address of the recipient. The user's email address is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose. You can send links for Tanzio services to friends. We won't keep your friend's email information after the notification email is sent.

3. POLLING

We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues, Services, and/or the Website. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. We may use a system to "tag" users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users. If we poll our users, we won't personally identify you with your responses.

4. SURVEYS

We may conduct user surveys from time to time to better target our content to our Website users. We will not share individual responses from these surveys with any third party. If we conduct a survey of our users, Tanzio will not share the result with any third party.

D. Children's Privacy

1. Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Tanzio endeavors not to collect or maintain any personally identifiable information from anyone under the age of 13. The Website and Services are not intended for anyone under the age of 13. Tanzio recognizes the privacy interests of children, and Tanzio encourages parents and guardians to take an active role in their children's online activities and interests. Law requires that we can't collect any information from anyone under 13 years old. You shouldn't be using Tanzio unless you're 18 anyway.

E. Security

1. We employ procedural and technological security measures, consistent with industry practice, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. Tanzio may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications or defeat these measures and other users may abuse or misuse your personal information or use it for improper purposes. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected and used by others. Tanzio is not responsible for the unauthorized use by third parties of information you post or otherwise make available. We do our best to keep all of your personal information secure. We do this by using encryption, passwords, and physical security at our offices. However, we can't guarantee that an intruder won't break into our systems and access your information. We'll do our best to make sure this doesn't happen.

F. Disclosure

We will not sell or lease your personal information to third parties unless we have your permission or are required to do so by law. We may also make your personal information available in the following circumstances: We won't sell or disclose your personal information to anyone unless you allow us to do so, we are required to do so by law, or we are bought by another company (in which case we will turn over the information only to the new company).

1. INFORMATION DISCLOSED TO NON-AFFILIATED THIRD PARTIES

We may disclose your personal information to prevent an emergency, protect or enforce our rights, enforce our Terms of Use and/or to protect the safety of users of our Website and our Services or protect or enforce the rights of a third party, or as required by law.

2. INFORMATION DISCLOSED TO THIRD PARTY SERVICE PROVIDERS

We may contract with various third parties for the provision and maintenance of the Website, Services and our business operations, and Tanzio may need to share your personally identifiable information [and data generated by cookies and aggregate information] with these vendors and service agencies. For example, we may provide your personally identifiable information to a credit card processing company to process your payment. The vendors and service agencies will not receive any right to use your personally identifiable information beyond what is necessary to perform its obligations to provide the Services to you.

3. INFORMATION DISCLOSED TO LAW ENFORCEMENT OR GOVERNMENT OFFICIALS

We will disclose your personal information, such as your name, city, state, telephone number, email address, user ID history, quoting and listing history, and fraud complaints, to law enforcement or other government officials if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an investigation of a governmental authority.

4. IN THE EVENT OF A CHANGE OF CONTROL OR BANKRUPTCY

In the event that Tanzio undergoes a change in control, including, without limitation, a merger or sale of all or substantially all of Tanzio's assets to which this Website relates or other corporate reorganization in which Tanzio participates, and is thus merged with or acquired by a third party entity (a "Successor"), Tanzio hereby reserves the right to transfer the personally identifiable information we have collected from the users of the Website and/or Services to such Successor.

In addition, in the event of Tanzio's bankruptcy, reorganization, receivership, or assignment for the benefit of creditors, or the application or laws or equitable principles affecting creditors' rights generally, Tanzio may not be able to control how your personal information is transferred, used, or treated and reserves the right to transfer the personally identifiable information we have collected from the users of the Website and/or Services to non-affiliated third parties in such event.

5. INFORMATION DISCLOSED AT YOUR REQUEST

We may share your personal information with other Registered Users to whom you explicitly ask us to send your information or if you explicitly consent to such disclosure upon receipt of a specific Service. For instance, when you contract for a specific Service with another Registered User, Tanzio will send that Registered User a notice that includes the personal information that you have chosen to allow Tanzio to reveal to users with whom you contract. You can change your privacy settings regarding the information you choose to reveal to other Registered Users with whom you contract by logging into the Website and navigating to your preferences page in "Your Profile."

G. Links to External Websites

The Website may contain links to other websites or resources over which Tanzio does not have any control. Such links do not constitute an endorsement by Tanzio of those external websites. You acknowledge that Tanzio is providing these links to you only as a convenience, and further agree that Tanzio is not responsible for the content of such external websites. We are not responsible for the protection and privacy of any information which you provide while visiting such external websites and such sites are not governed by this Privacy Policy. Your use of any external website is subject to the terms of use and privacy policy located on the linked to external website. We can't vouch for the privacy policy of any website other than Tanzio's, even if we happen to link to that website from one of our pages.

H. Updating, Deleting and Correcting Your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways:

1. You can review, correct and delete your personal information by logging into the Website and navigating to your preferences page in "Your Profile." You must promptly update your personal information if it changes or is inaccurate. Typically, we will not manually alter your personal information because it is very difficult to verify your identity remotely. Nonetheless, upon your request we will close your Account and remove your personal information from view as soon as reasonably possible, based on your Account activity and in accordance with applicable law. We do retain information from closed Accounts in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any Registered User, enforce the http://www.getDomain(); ?>/terms, and take any other actions otherwise permitted by law that we deem necessary in our sole and absolute discretion. You should understand, however, that once you publicly post an Offer, Want, Feedback, or any other information onto the Website, you may not be able to change or remove it. Once we have deleted or removed your Account, you agree that Tanzio shall not be responsible for any personally identifiable information that was not included within your deleted and/or removed Account that remains on the Website. You can update or delete any of your personal information on Tanzio at any time. After you delete it, we will only retain your personal information in order to comply with the law.

I. Your Full Name and Use of Tanzio Information

1. YOUR FULL NAME

As a Registered User of the Website you will select a telephone number and or email address during the registration process. All of your activities on the Website will be traceable to your telephone number and or email address and/or IP address.

USING INFORMATION FROM TANZIO

The Website facilitates your sharing of personal with others in order to negotiate, provide, and use the Services. If you agree to contract for a service with another Registered User, you may need to reveal your name, email, phone number, or personal address to that individual so that the service may be performed. Please respect the privacy of others. To help protect your privacy we only allow limited access to other users' contact information during the transaction of business between users, including the negotiation and confirmation of Services. You agree to use the information of other users solely for the following purposes: (a) Tanzio-transaction-related purposes; and (b) using Services offered through the Website. If you make a transaction on Tanzio, you may become aware of the personal information of other users. Do not use that information for anything other than to complete your transaction through Tanzio.

2. ACCOUNT PROTECTION

Your password is the key to your Account. When creating your password you should use unique numbers, letters, special characters, and combinations thereof. In addition, DO NOT disclose your password to anyone. If you do share your password or your personal information with others, you are solely responsible for all actions taken via your Account. If you lose control of your password, you may lose substantial control over your personal information and be subject to legally binding actions taken on your behalf. Thus, IF YOUR PASSWORD HAS BEEN COMPROMISED FOR ANY REASON, YOU MUST IMMEDIATELY NOTIFY TANZIO TO CHANGE YOUR PASSWORD. Use a unique password for your account, and keep it safe. Let us know if someone gets a hold of your password so we can help you change it.

J. Privacy Policy Updates

TANZIO MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS PRIVACY POLICY FROM TIME TO TIME BY UPDATING THIS DOCUMENT. TANZIO WILL POST ITS UPDATED PRIVACY POLICY ON THE WEBSITE ON THIS PAGE AND POST NOTICE OF THE CHANGE SO IT IS VISIBLE WHEN USERS LOG-ON FOR THE FIRST TIME AFTER THE CHANGE IS POSTED SO THAT YOU ARE ALWAYS AWARE OF WHAT PERSONALLY IDENTIFIABLE INFORMATION WE MAY COLLECT AND HOW WE MAY USE THIS INFORMATION. Tanzio ENCOURAGES YOU TO REVIEW THIS PRIVACY POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED USE OF THIS SITE AND/OR CONTINUED PROVISION OF PERSONALLY IDENTIFIABLE INFORMATION TO US WILL BE SUBJECT TO THE TERMS OF THE THEN/CURRENT PRIVACY POLICY.

Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create an Account with the Website as a visitor from outside the United States, by using the Website, you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Policy.