Terms of Use

Terms of Use This Web site (the "Site") and all other Web sites owned, operated or maintained directly or indirectly by TMB Online LLC, including, without limitation, the-mainboard.com (the "TMB Sites") are provided by TMB Online LLC and/or its affiliated companies (collectively "TMB") for your information, personal entertainment and commercial and/or non-commercial enjoyment, subject to these Terms and Conditions of Use and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on the TMB Sites applicable to your use of the TMB Sites (as amended by TMB from time to time, the foregoing being collectively referred to as the "Terms and Conditions"). By using the TMB Sites, you are deemed to have agreed to these Terms and Conditions. If you do not agree with these Terms and Conditions, you do not have the right to access or otherwise use the TMB Sites and, accordingly, you should not do so. TMB may change these Terms and Conditions at any time, with or without cause, and without actual notice to you. Such changed Terms and Conditions shall be posted on the TMB Sites. You should check these Terms and Conditions periodically for changes prior to using the TMB Sites. By using the TMB Sites following any modifications to these Terms and Conditions, you agree to be bound by any such modifications. The TMB Sites are intended and directed to residents of the United States and all advertising and claims contained in the TMB Sites are valid only in the United States. The TMB Sites, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of the TMB and may not be used in connection with any product or service that is not offered by TMB in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TMB. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. All web site design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof is protected under US Copyright Laws. The compilation of all content on the TMB Sites is the exclusive property of the Company and protected by U.S. and international copyright laws. Any other use of materials on this Web site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of TMB is strictly prohibited. Except as expressly permitted, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the TMB Sites. Impersonation of others, including, without limitation, a TMB employee, host, or representative, as well as other members or visitors on the TMB Sites is prohibited. Users may not upload commercial content on the TMB Sites or use the TMB Sites to solicit others to join or become members of any other commercial online service or other online or offline organization. All information concerning users of the TMB Sites is subject to our Privacy Policy. Please refer to our Privacy Policy whenever you provide information to the TMB Sites. TMB welcomes user comments, information and submissions. In addition, you and other users of the TMB Sites from time to time may have an opportunity to post certain knowledge, material, or commentary on the TMB Sites. Subject to our Privacy Policy, all information and other content that you post on the TMB Sites will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site. Further, and as discussed in greater detail below, by posting such information on the TMB Sites, you agree to grant TMB an non-exclusive and perpetual, royalty-free license to repurpose that information or post in any way TMB desires and in its sole discretion. By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the TMB Sites ("User Content") in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the TMB Sites from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Without limitation of the foregoing, you agree not to use the TMB Sites to: (a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (d) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the TMB Sites or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (f) interfere with or disrupt the TMB Sites or servers or networks linked to the TMB Sites, or disobey any requirements, procedures, policies, or regulations of networks linked to the TMB Sites; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the TMB Sites, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) use the TMB Sites for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or (j) solicit other guests of the TMB Sites to become members of any commercial on line service or other group or organization. You acknowledge and agree that User Content you view or post on the TMB Sites is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of TMB, and TMB does not support or endorse any User Content or any other content or otherwise posted by you or any other user. You acknowledge that TMB does not pre-screen, monitor, review, or edit the User Content posted by you and other users on the TMB Sites. However, TMB and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in TMB's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the TMB Sites may be purged periodically in TMB's sole discretion. TMB is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the TMB Sites, whether created by TMB or submitted to TMB. User Content includes the opinions, statements and other content of third parties, not TMB. TMB does not endorse any such opinions, statements or other content posted on or accessible through the TMB Sites. TMB does not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by TMB's receipt or acceptance of any such materials. Any User Content submitted by you to the TMB Sites will be deemed non-proprietary and non-confidential and may be used by TMB without restriction. By submitting or sending information, material, or any other communication to TMB including User Content, you grant TMB the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. TMB and its affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of the TMB Sites shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by TMB. Notwithstanding the foregoing, personally identifiable data shall be handled in accordance with TMB's Privacy Policy. You understand that the technical processing and transmission of the TMB Sites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. TMB assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the TMB Site. You agree that you will not harvest, collect or store information about the users of the TMB Sites or the User Content or use such information for any purpose inconsistent with the purpose of the TMB Sites or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. As between TMB and you, except for User Content, TMB is the sole owner of all content on the TMB Sites, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the TMB Sites ("TMB Proprietary Material"). The compilation (meaning the collection, arrangement and assembly) of all TMB Proprietary Material on the TMB Sites is the exclusive property of TMB. The contents of the TMB Sites are copyrighted under United States copyright laws. Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the TMB Proprietary Material or any portion thereof, for any purpose. You may, however, (1) print a copy of individual screens appearing as part of the TMB Sites solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (2) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the TMB Sites and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the TMB Sites or use of such materials for any other purpose is a violation of TMB copyright and other proprietary rights. By using the TMB Sites, you agree to defend, indemnify, and hold harmless TMB, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising in any way from or in connection with your use of the TMB Sites or any service available on or through the TMB Sites, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any TMB Proprietary Material, or any violation of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the TMB Sites applicable to your use of the TMB Sites, by you. You may be able to link to third party Web sites ("Linked Sites") from the TMB Sites. TMB is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. TMB cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. TMB does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall TMB be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. TMB reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the TMB Sites and/or introduce different features or links to different users. Other sites may link to the TMB Sites only through a plain-text link subject to the prior written approval of a duly authorized employee of TMB. To seek our permission, please contact us at the address below. TMB reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the TMB Sites, at our discretion, with or without cause, at any time. VISITORS TO THE TMB SITES AGREE THAT THEIR USE OF THE TMB SITES IS AT THEIR OWN SOLE RISK. THE TMB SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, TMB (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE TMB SITES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TMB ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND TMB HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE TMB SITES MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. TMB AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE TMB SITES BY ANYONE OTHER THAN AUTHORIZED TMB EMPLOYEES ACTING IN SUCH CAPACITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE TMB SITES, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE TMB SITES, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. TMB DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE TMB SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE TMB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. TMB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE TMB SITES. YOU (AND NOT TMB OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL TMB OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE TMB SITES, EVEN IF TMB SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE TMB SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TMB'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING TMB'S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS). TMB controls and operates the TMB Sites from our offices in the State of Florida, United States of America. While we invite visitors from all parts of the world to visit the TMB Sites, visitors acknowledge that the TMB Sites, and all activities available on and through the TMB Sites, are governed by the laws of the United States of America and the laws of the State of California. We do not represent that materials on the TMB Sites are appropriate or available for use in other locations. Persons who choose to access the TMB Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that the laws of the State of California, excluding its conflicts-of-law rules, and these Terms and Conditions, TMB's Privacy Policy and any other policies posted from time to time on the TMB Sites applicable to your use of the TMB Sites shall govern your use of the TMB Sites. You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the TMB Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with TMB or relating in any way to your use of the TMB Sites resides in the courts of the Orange County, California, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Orange County, State of California, in connection with any such dispute and including any claim involving TMB or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the TMB Sites must be commenced within one year after the act or omission giving rise to the claim or cause of action arose. TMB's failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of TMB. TMB may assign its rights under these Terms and Conditions to any party at any time without notice to you. Please feel free to contact us via one of the methods described on our Contact Us page. You agree that TMB may send notices to you regarding your use of the TMB Sites by means of electronic mail, a general notice posted on the TMB Sites or by written communication delivered either by overnight courier or US mail to your email or mailing address as appearing in TMB's records from time to time.

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