Last Modified: December 9, 2019

  1. ACCEPTANCE OF THESE TERMS AND CONDITIONS.  
    1. The following Terms and Conditions of Use, together with our Privacy Policy (the “Privacy Policy”) and the TanvasTouch® Engine End User License Agreement and the [TanvasTouch® Engine End User License Agreement For Hardware]  (collectively, the “License Agreements”) and any documents they expressly incorporate by reference, including the TanvasTouch Brand Identity Guidelines (collectively, the “Terms and Conditions”), govern your access to and use of the services (including hourly consulting services with customer services representatives), software, samples, kits, touch screens and any and all other hardware and accompanying software provided to customers of Tanvas (collectively, such services, hardware, and software are referred to herein as the “Products“). These Terms and Conditions apply to you (“you” or “your”) if you use the Products.  Please read the Terms and Conditions carefully before you start to use the Products. By using the Products, you accept and agree to be bound and abide by the Terms and Conditions. If you do not agree to the Terms and Conditions, you must not access or use the Products.
    2. We may revise and update the Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when posted. Your continued use of the Products following the posting of a revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page, the Privacy Policy and the License Agreements linked above and any document referenced herein, each time you access the Products so you are aware of any changes, as they are binding on you.
    3. TANVAS is based in the state of Delaware in the United States. We provide the Products for use only by individuals, entities or organizations (“Persons”) located in the United States. We make no claims that the Products or any related content are accessible or appropriate outside of the United States. Access to the Products may not be legal by certain Persons or in certain countries. If you access the Products from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws. 
  2. ELIGIBILITY.  
    The Products are offered and available to users who are (a) 18 years of age or older (or between the ages of 13 and 17 and using the Products with parental or legal guardian consent and supervision) and reside in the United States; (b) registered with us (to the extent required), and not have been previously restricted, suspended or terminated by us; and (c) not be using another user’s account without his or her permission. The Products are not intended for children under 13 years of age. By using the Products, you represent and warrant that you are of legal age to form a binding contract with TANVAS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Products.

Additionally, you must not:

  1. BECOMING A USER.
    1. Becoming a User. You may become a user of the Products (“user) by following the steps to become a user that are provided on the Products. You will be required to provide some information when you sign up, including your name and email address.
    2. User Names. You may need a username and password to use certain features of the Products. By selecting a username and any particular URL you agree that you will not select or use a name or URL: (i) of another Person with the intent to impersonate that Person; (ii) subject to the rights of any Person without authorization; (iii) in violation of the intellectual property rights of any Person; or (iv) that TANVAS, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit TANVAS to identify you by your username. You acknowledge and agree that you shall have no ownership or other property interest in your account, URL or username, and you further acknowledge and agree that all rights in and to your username and account are and shall forever be owned by and inure to the benefit of TANVAS. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You must promptly notify TANVAS immediately of any unauthorized use of your password or account or any other breach of security. TANVAS assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. TANVAS has the right to deny or deactivate any usernames or URLs for any reason.
    3. Accurate Information. You agree to provide accurate information as prompted by the Products and maintain and update such information to keep it accurate. Subject to TANVAS’s general right to deny access to the Products, if you provide any information that is inaccurate, or TANVAS has reasonable grounds to suspect that such information is inaccurate, TANVAS may suspend or terminate your use of the Products and/or decline to permit your continued use of the Products or future access to the Products.
  2. GENERAL TERMS.
    1. Ownership of the Products and Products Information. The Products and all technology underlying the Products that are sold or licensed to you are expressly owned and operated by TANVAS. Unless otherwise noted, the design and content features on or of the Products, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Product Information”), are owned by TANVAS (or its affiliates) or are licensed by TANVAS (or its affiliates) from third parties. The Products, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved. 
      1. The trademarks, logos, and service marks (“Marks”) displayed on the Products are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. The use of any such Mark is restricted to programs, events, products or Products that TANVAS sponsors or with which we are otherwise affiliated. The use of any Marks is prohibited without the express written consent of the owner of such Mark, except as permitted by applicable laws. Nothing contained on the Products should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark owned by TANVAS without TANVAS’s express written consent.
      2. No portion of the Products or Products Information may be reprinted, republished, modified, or distributed in any form (except in accordance with the Terms and Conditions) without TANVAS’s express written permission. Further, you must not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Products or Product Information.
      3. You must not remove any copyright, Mark, or other intellectual property or proprietary notice or legend contained on the Products or Product Information, and you must retain all copyright, Mark, and other proprietary notices contained on the Products or in the Products Information on any authorized copy you make of the Products or Products Information.
    2. Use of the Products. You may use the Products only for lawful purposes and in accordance with the Terms and Conditions. You must not to use the Products: 
      1. In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data, hardware, samples or software to and from the United States or other countries).
      2. For the purpose of exploiting, harassing, bullying, intimidating, cyberbullying, harming or attempting to exploit or harm any Person, including minors, in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
      3. To transmit, or procure the sending of, any advertising or promotional material, including without limitation, any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
      4. To impersonate or attempt to impersonate TANVAS, a TANVAS employee, another user or any other Person or entity (including by using e-mail addresses or screen names associated with any of the foregoing).
      5. To engage in any other conduct that restricts or inhibits any Person’s use or enjoyment of the Products, or which, in TANVAS’s sole discretion, may harm users of the Products or expose them to liability.

        Additionally, you must not:
      6. Use the Products, in any manner that could disable, overburden, damage, or impair the Products or interfere with any other Person’s use of the Products, including the ability to engage in real time activities through the Products.
      7. Use any robot, spider or other automatic device, process or means to access the Products for any purpose, including monitoring or copying any of the material on the Products.
      8. Use any manual process to monitor or copy any of the material on the Products or for any other unauthorized purpose without Tanvas’s prior written consent.
      9. Use any device, software or routine that interferes with the proper working of the Products.
      10. Introduce to the Products any viruses, trojan horses, worms, logic bombs or other code, program or material that is malicious or technologically harmful.
      11. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Products, the server on which the Products are stored, or any server, computer, software or database connected to or used in connection with the Products.
      12. Otherwise attempt to interfere with the proper working of the Products.
    3. Accurate Information. You must (i) provide accurate information as prompted on the Products or through the Products and (ii) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or TANVAS has reasonable grounds to suspect that such information is inaccurate, TANVAS may suspend or terminate your use of the Products, remove such information from the Products, and/or decline to permit your continued use of the Products or future access to the Products. 
    4. User Generated Content. When you are using the Products, you may have the opportunity to post or otherwise provide (“Post”) your name, image, likeness and appearance, voice, other personal characteristics or any materials that incorporate any of the foregoing, photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information provided in comment sections) on the Products (“User Generated Content”). You alone, not TANVAS, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. In addition, you represent and warrant that you will not:
      1. provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
      2. create any liability for TANVAS or cause us to lose (in whole or in part) the services of our internet service provider(s), web hosting vendor, payment processing vendor, or any other vendors or suppliers;
      3. engage in any conduct that, in TANVAS’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Products;
      4. use the Products to impersonate any Person, or falsely state or otherwise misrepresent your affiliation with a Person;
      5. interfere with or disrupt any servers or networks used to provide the Products or their respective features, or disobey any requirements of the networks TANVAS uses to provide the Products;
      6. gain unauthorized or illegal access to the Products, or any account, computer system, or network connected to the Products;
      7. obtain or attempt to obtain any materials or information not intentionally made available through the Products;
      8. use the Products to post, transmit or in any way exploit any information, software or other material for commercial purposes, or engage in advertising or commercial solicitation of any product or service without TANVAS’s written consent;
      9. gather for marketing purposes any email addresses or other personal information that has been posted by other users; or
      10. post any identification documents or sensitive information about another Person.
    5. License to TANVAS User Generated Content, Including Use Of Your Name, Image, Likeness and other Personal Characteristics.

By posting User Generated Content, including your image, likeness, appearance, voice or other personal characteristics, to the Products, you hereby grant a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including, without limitation, any moral rights) and license TANVAS and its affiliates, successors and assigns, and their respective licensees, advertising agencies, promotion agencies and fulfillment agencies (“Authorized Parties”), to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use and permit others to use your User Generated Content on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on the site, magazines, brochures and other print publications, electronic, magnetic and optical media, other advertising and promotional materials, the internet, and for any purpose, including but not limited to advertising, public relations, publicity, packaging and promotion of TANVAS and its affiliates and their businesses, and Products. You hereby irrevocably transfer and assign to the TANVAS your entire right, title and interest, if any, in and to any User Generated Content and all copyrights in User Generated Content arising in any jurisdiction throughout the world. You acknowledge and agree that you have no right to review or approve the User Generated Content (or any derivative work thereof) used by TANVAS, and that TANVAS has no liability to you for any editing or alteration of the User Generated Content or for any distortion or other effects resulting from TANVAS’s editing, alteration or use of the User Generated Content. Without limiting any other provision of the Terms and Conditions, you warrant that the holder of any worldwide intellectual property right (including, without limitation, moral rights) in your User Generated Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES AND EXPENSES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, DEFAMATION, INVASION OF RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY, INTRUSION, FALSE LIGHT, PUBLIC DISCLOSURE OF PRIVATE FACTS, PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD (“PERSONAL CLAIMS”) ARISING DIRECTLY OR INDIRECTLY FROM THE AUTHORIZED PARTIES’ EXERCISE OF THEIR RIGHTS HEREUNDER AND THE USE AND EXPLOITATION OF THE USER GENERATED CONTENT MATERIALS, AND WHETHER RESULTING IN WHOLE OR IN PART BY THE NEGLIGENCE OF TANVAS OR ANY OTHER PERSON, COVENANTS NOT TO MAKE OR BRING ANY SUCH PERSONAL CLAIM AGAINST ANY AUTHORIZED PARTIES AND FOREVER RELEASES AND DISCHARGES THE AUTHORIZED PARTIES FROM LIABILITY UNDER SUCH PERSONAL CLAIMS.

  1. TANVAS shall have the right, but not the obligation, to monitor User Generated Content and other features of the Products. WE DO NOT CONTROL ANY USER GENERATED CONTENT THAT YOU OR OTHER USERS MAY PROVIDE. TANVAS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE USER GENERATED CONTENT, WHETHER IT IS PROVIDED BY TANVAS, OUR EMPLOYEES, OR A THIRD PARTY.
  2. TANVAS is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Products.
  3. Monitoring and Enforcement; Termination. Without limiting any other right under the Terms and Conditions, we have the right to: 
    1. Remove or refuse to post any User Generated Content for any or no reason in our sole discretion;
    2. Take any action with respect to any User Generated Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Generated Content violates the Terms and Conditions, infringes any intellectual property right or other right of any Person, threatens the personal safety of any user of the Products or the public, or could create liability for the TANVAS;
    3. Disclose your identity or other information about you to any third party who claims that material posted by you violates its rights, its intellectual property rights or its right to privacy;
    4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Products;
    5. Terminate or suspend your access to all or part of the Products for any reason or no reason, including without limitation, any violation of the Terms and Conditions;
    6. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any Person posting any materials on or through the Products. YOU WAIVE AND HOLD HARMLESS TANVAS AND ITS AFFILIATES, LICENSEES, AGENTS, EMPLOYEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES;
  4. Feedback. You agree that submission by you of any ideas, suggestions, documents, and/or proposals to TANVAS through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that TANVAS has no obligations (including obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TANVAS a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. 
  5. Digital Millennium Copyright Act; Copyright Complaints. Without limiting any other right of TANVAS, TANVAS may remove or disable access to material on the Products (including, without limitation, User Generated Content) that TANVAS, in its sole determination and discretion, believes may infringe upon the copyright rights of any other Person. TANVAS also may, at our discretion, remove or disable links or references to an online location that TANVAS believes to be infringing material or infringing activity. In the event that any visitor to or user of Products repeatedly infringe on others’ copyrights, TANVAS may in its sole discretion terminate such Person’s rights to use the Products. 
  6. Suspension or Termination of Your Use of the Products. Without limiting any other right of TANVAS, TANVAS has the right to suspend or terminate any Service provided to you at any time with or without reason. You agree that all terminations for cause shall be made in TANVAS’s sole discretion and that TANVAS shall not be liable to you or any third party for any termination of your account. If you want to terminate the use of any Products provided by TANVAS, you may do so by notifying TANVAS at any time, by e-mail at info@tanvas.co. Termination of any Products includes removal of access to and barring the further use of such Service; provided that any donation made prior to the effective date of termination will continue to be processed. 
  7. No Endorsement of Links to Other Web Sites. If the Products contain links to other websites or Products provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. You understand that, except for information, products or Products clearly identified as being supplied by TANVAS, TANVAS (a) has not reviewed and has no obligation to review such other website or service, (b) has no responsibility for the content of such other website or service, (c) does not endorse any content of such other website or service, (d) makes no representations about such other website or service or any results that may be obtained from such other website or service, and (e) shall not be liable for any damages or injury arising from the content on or your use of such other website or service.
  8. Electronic Communications. When you use the Products or send emails to TANVAS, you are communicating with us electronically. You consent to receive communications from TANVAS electronically. TANVAS may communicate with you by email or by posting notices on the Products. You agree that all communications, including any agreement, notice or disclosure, TANVAS electronically provides to you satisfy any legal requirement that such communications be in writing. You may give notice to TANVAS by email at info@tanvas.co. Such notice shall be deemed given when received by TANVAS
  9. Conflict with Other Agreements. The Terms and Conditions are in addition to, and not limitation of, any other agreement between you and TANVAS or any other applicable terms and conditions found on the Products, including without limitation the Tanvas Privacy Policy, the License Agreements, and the Brand Identity Guidelines. In the event of any direct conflict between the Terms and Conditions and any other agreement between you and TANVAS, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Products. 
  10. Waiver. No waiver by TANVAS of any term or condition set forth in the Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition contained herein, and any failure of TANVAS to assert a right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision. 
  11. Severability. Except as otherwise provided herein, if any provision of the Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect. 
  12. Headings. The headings used herein are solely for convenience of reference and are not to be used as an aid in the interpretation of the Terms and Conditions. 
  13. Third Party Beneficiaries. Except for third parties identified below in Section 5 (Indemnification), the Terms and Conditions do not confer any third party beneficiary rights. 
  14. Assignment. You may not assign or transfer any of your rights or responsibilities under the Terms and Conditions to any Person without TANVAS’s express written consent.  Any such assignment by you without TANVAS’s express written consent shall be void. TANVAS may, at any time, without your permission, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 
  15. No Impediment to Compliance with Laws. Nothing in the Terms and Conditions shall prevent TANVAS from complying with the law. 
  16. Governing Law. These Terms and Conditions shall be governed and construed in accordance with the laws of the state of Delaware without giving effect to its conflicts of laws provisions.
  17. Interpretation. For purposes of the Terms and Conditions, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation“; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to the Terms and Conditions as a whole. Wherever in the Terms and Conditions the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires.
  18. Force Majeure. TANVAS shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
  19. Survival. Notwithstanding anything to the contrary herein, Sections 1(a), 1(c), 4(a), 4(d), 4(e), 4(f), 4(g), 4(h), 4(i), 4(l),  4(u), 4(x), 5, 6, 7 and 8 hereof shall survive cessation of use of the Products or the termination of the Terms and Conditions.
  1. INDEMNIFICATION. You agree to defend, indemnify and hold harmless the TANVAS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms and Conditions or your use of the Products, including your User Generated Content or your use of any information obtained from the Products. You will cooperate as fully as reasonably required in TANVAS’s defense of any claim. TANVAS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without TANVAS’s written consent.  
  2. DISCLAIMER OF WARRANTIES.
    1. You understand that TANVAS cannot and does not guarantee or warrant that files available for downloading from the internet, the Tanvas website, or any applicable Tanvas software, or the Products will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Products for any reconstruction of any lost data. TANVAS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PRODUCTS OR ITEMS OBTAINED THROUGH THE PRODUCTS OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PRODUCTS, OR ON ANY WEBSITE OR SERVICE LINKED TO IT.
    2. YOUR USE OF THE PRODUCTS OR ITEMS OBTAINED THROUGH THE PRODUCTS IS AT YOUR OWN RISK. THE PRODUCTS AND ITEMS OBTAINED THROUGH THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TANVAS NOR ANY PERSON ASSOCIATED WITH TANVAS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER TANVAS NOR ANY PERSON ASSOCIATED WITH TANVAS REPRESENTS OR WARRANTS THAT THE PRODUCTS OR ITEMS OBTAINED THROUGH THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT PRODUCTS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT PRODUCTS OR ITEMS OBTAINED THROUGH THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  3. LIMITATION ON LIABILITY; RELEASE OF CLAIMS; LIMITATION ON TIME TO FILE CLAIMS.
    1. Limitation on Liability.  IN NO EVENT WILL TANVAS, ITS AFFILIATES OR THEIR LICENSORS, ITS SUBSIDIARIES, IF ANY, ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, VENDORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS AND CONDITIONS, ANY DONATIONS THROUGH THE PRODUCTS, YOUR ACCESS TO OR INABILITY TO ACCESS THE PRODUCTS, INCLUDING WITHOUT LIMITATION, FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE PRODUCTS, YOUR USE OF OR RELIANCE ON THE PRODUCTS, THE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY WEBSITES LINKED TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. UNDER NO CIRCUMSTANCES WILL TANVAS BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    2. Release of Claims.  YOU HEREBY AGREE TO RELEASE TANVAS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PRODUCTS. If you are a California resident, you hereby waive California Civil Code Section 1542, 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”.
    3. Limitation on Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  4. DISPUTE RESOLUTION.  
    1. Arbitration.  Any dispute, controversy or claim arising out of, relating to, or in connection with the Products or the Terms and Conditions, shall be finally resolved by binding arbitration.  This agreement to arbitrate applies to, but is not limited to, all disputes arising out of or in connection with the Products, the construction or application of the Terms and Conditions, all claims arising under federal, state, or local statutory or common law, including: claims of breach of covenants, breach of contract or breach of the covenant of good faith and fair dealing, tort claims, and any other claims of illegality or breach of any right which a party might hold with respect to the other whether arising out of or in connection with the Products, these Terms and Condition, or otherwise.  The arbitration shall be governed in accordance with the laws of the Delaware. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitration shall take place in Chicago, Illinois before a single neutral JAMS arbitrator. After the appointment of the arbitrator, the parties shall have the right to take depositions and to obtain discovery by other means regarding the subject matter of the arbitration as if the matter were pending in the United States District Court located in Chicago, Illinois, although the arbitrator may, for good cause shown, limit the nature and extent of such discovery and establish or modify the schedule relating to any discovery requests or applications relating thereto.  The arbitrator must follow applicable law. The award of the arbitrator shall be conclusive and binding.   Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the arbitrator’s award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. All fees and expenses of the arbitrators and all other expenses of the arbitration shall be borne by the parties equally (i.e., 50% for each party).  The parties are responsible for their own attorney’s fees in connection with the arbitration.  THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS AND CONDITIONS, INCLUDING THIS AGREEMENT TO ARBITRATE, DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING.  THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.  The arbitral tribunal shall have the power to determine the validity or enforceability of the agreement to arbitrate solely on an individual basis.  In the event the prohibition on class arbitration is deemed invalid or unenforceable by a court, then the remaining portions of the arbitration agreement will remain in force.  The right to rule on any challenge to the arbitral tribunal’s jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate is reserved to the courts.
    2. Small Claims Court.  Notwithstanding anything in Section 8(a) to the contrary, you may elect to pursue your claim in small claims court of any State in the United States of America, rather than arbitration if you provide us with written notice of your intention to do so; provided that the small claims court proceeding will be limited solely to your individual dispute or controversy.  However, if such claim is transferred, removed or appealed to a different court, we may then choose to arbitrate, and you must submit the dispute or controversy to arbitration in accordance with Section 8(a).
    3. Venue.  Subject to Section 8(a) and Section 8(b), any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Products shall be instituted exclusively in the federal courts of the United States or the courts of Illinois, in each case located in the City of Chicago, Illinois (and the courts competent to determine appeals from those courts).  YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.
  5. YOUR COMMENTS AND CONCERNS.  
    The Products are operated by TANVAS, 600 W. Van Buren, Suite 710, Chicago, IL 60607.  All questions, feedback, comments, requests for technical support and other communications relating to the Products should be directed to info@tanvas.co

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