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TalkingTag.com makes available the TalkingTag™ website (www.TalkingTag.com) (the “Site”), including all information, documents, communications, files, text, graphics, software and products available through the Site and all services operated by TalkingTag.com and third parties through the Site available for your use subject to the terms and conditions set forth in this document (“Terms”). TalkingTag.com may update the Terms from time to time without prior notice to you. We encourage you to review this document periodically for any updates or changes. 1. Use of this Site TalkingTag.com hereby grants you permission to access and use the Site as set forth in these Terms, provided that you comply with these Terms, TalkingTag.com Privacy Policy and all applicable local, national and international laws and regulations. 2. Use of Software The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of TalkingTag.com. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Please refer to the applicable license to determine the terms on which the software is provided, the license granted to you, the warranties provided for such software and all other relevant terms. You will not be able to download, install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of the license agreement. 3. Intellectual Property The contents of the Site, such as text, graphics, logos, audio clips, video, images, software, and other information (the “Content”) is the property of TalkingTag.com and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your personal non-commercial use or your non-commercial use within your organization or as otherwise permitted. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of TalkingTag.com. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by these Terms or any applicable end-user software license agreements are reserved by TalkingTag.com. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of TalkingTag.com or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any TalkingTag.com copyright. 4. Privacy Please review our Privacy Policy to understand our practices with regard to data or other information you submit to the Site. You hereby agree that the Privacy Policy governs your visit to this Site and is incorporated in these Terms. 5. International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Please note that information published on this Site may refer to products, programs or services that are not available in your country. 6. Limitation of Liability IN NO EVENT SHALL TALKINGTAG.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO TALKINGTAG.COMS’ SECURE SERVER AND/OR USE OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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. 7. Modification and Severability These Terms and any documents expressly incorporated by reference constitute the entire agreement between TalkingTag.com and you pertaining to these Terms or any other documents referenced herein. Any amended or modified terms will be effective upon posting on the Site. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about these Terms, contact us at info@talkingtag.com. In the event that one or more portions of these Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms. 8. Warranty and Disclaimer YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY DOWNLOADS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS. TALKINGTAG.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, UNLESS SPECIFICALLY STATED ON THE SITE FOR A PARTICULAR PRODUCT OR SERVICE AND TALKINGTAG.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. TALKINGTAG.COM DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 9. Indemnity You agree to defend, indemnify and hold harmless TalkingTag.com, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Site; (2) your violation of any term of these Terms; or (3) your violation of any third-party right, including without limitation, any copyright, property or privacy right. This defense and indemnification obligation shall survive these Terms and your use of the Site. 10. General Provisions All legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of the State of Virginia, United States of America, without regard to conflicts of law principles. These Terms constitute the entire agreement between you and TalkingTag.com with respect to the use of this Site. TalkingTag.com failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

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