Terms of Use

Overview

The following are the terms of an agreement between you and Tablingos Inc. (“Tablingos”). By accessing, or using this website (“Site”), you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this website.

Tablingos may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Web site. Tablingos may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

In order to use this Site and/or access any content on this Site, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to these terms, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable law. You also represent and warrant that any registration information that you submit to Tablingos is true, accurate, and complete, and you agree to keep it that way at all times.

Use License

Subject to your full compliance with these Terms, permission is granted to temporarily download one copy of the materials (information or software) on Tablingos’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;

• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

• attempt to decompile or reverse engineer any software contained on Tablingos’ website (except to the extent such restriction is prohibited by applicable law);

• remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Tablingos at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Without limiting the foregoing, you shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Site, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;

• constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail;

• involves commercial activities and/or sales without Tablingos’ prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Tablingos or any third party; or

• impersonates any person or entity, including any employee or representative of Tablingos.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Tablingos in its sole discretion) an unreasonable or disproportionately large load on Tablingos’ (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures Tablingos may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

Registration

As a condition to using certain aspects of the Site, you may be required to register with Tablingos and select a password and screen name (“Tablingos User ID”). You shall not (i) select or use as a Tablingos User ID a name of another person with the intent to impersonate that person; (ii) use as a Tablingos User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Tablingos User ID a name that is otherwise offensive, vulgar or obscene.

Tablingos reserves the right to refuse registration of or cancel a Tablingos User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Tablingos password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Tablingos in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

User Submissions

The Site may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content, to the Site (“User Submissions”). By posting User Submissions on or at the Site, you agree to the following:

• By submitting the User Submissions to Tablingos, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby do and shall grant Tablingos a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, and Tablingos’ (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms. For clarity, the foregoing license grant to Tablingos does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;

• You represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Tablingos (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and

• You acknowledge and agree that: (i) without limiting the licenses granted by you to Tablingos with respect to your User Submissions, Tablingos shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated; (iii) Tablingos will not be liable for any errors or omissions in any content; and (iv) Tablingos cannot guarantee the identity of any other users with whom you may interact in the course of using the Site.

You hereby grant Tablingos a royalty-free, worldwide, transferable, sub licensable, irrevocable, perpetual license to use or incorporate into the Site any suggestions, enhancement requests, recommendations or other feedback that you provide to Tablingos relating to the operation of the Site.

Tablingos does not endorse and has no control over any User Submission. Tablingos cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Site and all User Submissions provided by you is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Tablingos has no obligation to monitor the Site or User Submissions. Tablingos may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Confidentiality

Tablingos does not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to Tablingos will be deemed NOT to be confidential. By sending Tablingos any information or material, you grant Tablingos an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Tablingos is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Tablingos for the purpose of receiving products or services will be handled in accordance with our Privacy Policy.

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. TABLINGOS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, TABLINGOS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TABLINGOS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TABLINGOS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Revisions and Errata

The materials appearing on Tablingos’ website could include technical, typographical, or photographic errors. Tablingos does not warrant that any of the materials on its website are accurate, complete, or current. Tablingos may make changes to the materials contained on its website at any time without notice. Tablingos does not, however, make any commitment to update the materials and is not liable to do so except at its sole discretion.

Links

Tablingos has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tablingos of the site or the content. Use of any such linked website is at the user’s own risk, and you acknowledge that Tablingos 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 your use of such linked websites or any content or materials contained therein.

Indemnification

You shall defend, indemnify, and hold harmless Tablingos, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Site or otherwise from your User Submissions, (ii) your violation of these Terms, or (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Tablingos reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Tablingos in asserting any available defenses.

Site Terms of Use Modifications

Tablingos may revise these Terms at any time without notice by posting new terms and conditions to the Site whenever it deems it necessary to do so. It is your responsibility to check the Terms of Use periodically for changes. By using the Site you are agreeing to be bound by the then current version of these Terms and the subsequent versions as and when they are updated.

Termination

Tablingos may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law; Dispute Resolution

Any claim relating to Tablingos’ website shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions.

A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Tablingos agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Oakville, Ontario, using the English language in accordance with the Alternative Dispute Resolution Institute of Canada, Inc. (“ADRIC”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of ADRIC arbitrators in accordance with the Arbitration and Mediation Rules of ADRIC that include (but may not be restricted to) the (i) Code of Ethics, (ii) Code of Conduct for Mediators, and (iii) Disciplinary Procedure.

The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Canadian Federal Courts located in the Greater Toronto Area, Ontario. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.

Miscellaneous

These Terms constitute the entire agreement between you and Tablingos pertaining to the use of the Site, superseding all prior or contemporaneous communications and proposals, whether oral, written, or electronic. If any provision of these Terms is deemed unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining Terms shall remain in full force and effect and be enforceable.

The failure of either party to exercise any right provided herein shall not be considered a waiver of any further rights. Tablingos shall not be held liable for any failure to perform its obligations under these Terms resulting from causes beyond its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

These Terms are personal to you and may not be assigned, transferred, or sublicensed by you without prior written consent from the majority shareholders of Tablingos. Tablingos reserves the right to assign, transfer, or delegate any of its rights and obligations under these Terms without requiring consent.

No agency, partnership, joint venture, or employment relationship is established as a result of these Terms, and neither party has the authority to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover costs and attorneys’ fees.

Digital Millennium Copyright Act Notice

As Tablingos asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that any material located on or linked to by or through the Site violates your copyright, you may notify Tablingos in accordance with the following policy. The address of Tablingos Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

It is Tablingos’ policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that content residing on or accessible through the Site infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person’s behalf;

2. Identification of the copyrighted works or materials allegedly being infringed;

3. Identification of the content that is claimed to be infringing including information regarding the exact location of the content that the copyright owner seeks to have removed, with sufficient detail so that Tablingos is capable of finding and verifying its existence;

4. Contact information about the notifier including address, telephone number and, if available, e-mail address;

5. A statement that the notifier has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and

6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Tablingos’ policy:

1. to remove or disable access to the infringing content;

2. to notify the content provider, member or user that it has removed or disabled access to the content; and

3. that offenders will have the infringing content removed from the system and that Tablingos’ will terminate such content provider’s, member’s or user’s access to the service and will take strict action in accordance with our Policies.

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If a content provider, member, or user believes that the content, which has been removed or its access disabled, is not infringing, or that they have the right to post and use such content according to the copyright owner, the copyright owner's agent, or applicable law, the content provider, member, or user must submit a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider, member, or user.

2. Identification of the content that has been removed or to which access has been disabled, along with the location where the content appeared before its removal or disabling.

3. A statement expressing the content provider's, member's, or user's good faith belief that the content was removed or disabled due to a mistake or misidentification of the content.

4. The name, address, telephone number, and, if available, email address of the content provider, member, or user. Additionally, a statement indicating the person's or entity's consent to the jurisdiction of the Superior Court of Justice in the province where their address is located. If the address is outside Canada, consent to the jurisdiction of any applicable Province and its equivalents therein in which Tablingos is located. Furthermore, an acknowledgment that the person or entity will accept service of process from the individual who provided the notification of the alleged infringement.

Please contact TABLINGOS’s Designated Agent to Receive Notification of Claimed Infringement below.

Designated Agent to Receive Notification of Claimed Infringement:

Tablingos, Inc 2368, Charles Cornwall Avenue

Oakville, ON L6M5M6 [e-mail] & [e-mail]

Contacting Us

Questions regarding these Terms, the TABLINGOS PRIVACY POLICY (which is hereby incorporated into these Terms by this reference), TABLINGOS PRIVACY NOTICE or the information practices of the Tablingos Site should be directed to the contact listed below by mailing:

Tablingos, Inc ATTN: Chief Marketing Officer 2368, Charles Cornwall Avenue

Oakville, ON L6M5M6 [e-mail] & [e-mail]