Disclaimers

Terms and Conditions

By using this website, you acknowledge your assent to the following conditions of use (“Terms and Conditions”) without limitation or qualification. Please read these Terms and Conditions carefully before using this website. These Terms and Conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current conditions to which you are bound.

DISCLAIMER

To the fullest extent permissible pursuant to applicable law, the materials on this website are provided as is and without warranties of any kind, either expressed or implied. TMJ Corporation. and its affiliates (collectively, “TMJ”) disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose. TMJ does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. TMJ does not warrant or make any representations regarding the use or the results of the use, of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not TMJ) assume the entire cost of all necessary servicing, repair, or correction. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all applicable terms, exclusions and conditions and are provided solely for general informational purposes. Please refer to the actual policy or the relevant product or services agreement.

THIRD PARTY CONTENT

This website may be linked to other websites which are not maintained by TMJ. TMJ is not responsible for the content of such websites. The inclusion of any link to such websites does not imply TMJ’s approval or endorsement of such sites or the content thereof. TMJ cannot guarantee that the links set out on our website will be accurate at the time of your access. Moreover, the sites pointed at by links have been independently developed and possibly maintained by person(s) over whom TMJ has no control. TMJ cannot and does not monitor the sites linked to its pages on the Internet or any transmission made through the respective web pages and news groups. Accordingly, TMJ assumes no responsibility for the content of any site referenced to by any hyperlink or otherwise. TMJ believes that our making available links to publicly accessible web pages is legally permissible and consistent with the common, customary expectations of those who make use of the Internet.

LIMITATION OF LIABILITY

While TMJ uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes occur. To the fullest extent permissible pursuant to applicable law, TMJ makes no warranties or representations as to the accuracy of the content of this website and under no circumstances, including, but not limited to, negligence, shall TMJ or any party involved in creating, producing, or delivering this website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if TMJ or a TMJ authorized representative has been advised of the possibility of such damages. In no event shall TMJ’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website. TMJ also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from this website.

RESTRICTIONS ON USE OF MATERIALS

This website is owned and operated by TMJ. Except as otherwise expressly permitted by TMJ, no materials from this website or any website owned, operated, licensed or controlled by TMJ may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without TMJ’s prior written permission. TMJ neither warrants nor represents that your use of materials displayed on this website will not infringe upon rights of third parties.

JURISDICTIONAL ISSUES

Unless otherwise expressly set forth herein, TMJ makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so by their own initiative and are responsible for compliance with local laws. Except as expressly set forth herein, the information contained on this website is not an offer to sell or a solicitation to buy any security, insurance product or other product or service offered by TMJ. No security, insurance product or other product or service is offered or will be sold by TMJ or, if sold by TMJ, will be effective in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions. The content and materials contained in this website is to be construed in accordance with and governed by the internal laws of the State of California, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties.

OWNERSHIP OF INFORMATION

Any information, other than personal data or information you transmit to TMJ via this website, by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of TMJ. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. TMJ is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to TMJ via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

TRADEMARKS AND COPYRIGHTS

All trademarks, service marks, trade names, logos, and icons are proprietary to TMJ. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of TMJ. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or used with the permission by TMJ. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by TMJ. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

SOFTWARE LICENSES

You acknowledge that any software which may be available or provided to you on this website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export control laws and regulations. TMJ does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction where such activity is prohibited by export controls laws and regulations.

UPDATES

TMJ reserves the right to change these Terms and Conditions in order to address future developments of TMJ, the website or changes in industry or legal trends.

MANDATORY, BINDING ARBITRATION

You agree that any claim or dispute between you and TMJ or any officer, director or employee of TMJ related to your use of this website or any information herein, including the validity of this provision regarding Mandatory, Binding Arbitration, regardless of the amount or value of such claim or dispute, will be resolved by mandatory, binding arbitration administered by the National Arbitration Forum in accordance with its Code of Procedure then in effect, except that any arbitration will be conducted in, and any hearing will be held in, San Diego, California. Information may be obtained and claims may be filed at any office of the National Arbitration Forum (www.arb-forum.com) or at P.O. Box 50191, Minneapolis, MN 55405. This provision regarding Mandatory, Binding Arbitration will be governed by the Federal Arbitration Act.

ACCESS TO PASSWORD PROTECTED OR SECURE AREAS

Access to and use of password protected or secure areas of this website are restricted to authorized persons only. Any user who accesses or attempts to access such areas without authorization may be subject to prosecution.