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Terms of Use

Acceptance of Terms
This website www.tungland.com a wholly owned entity of The Tungland Corporation is being provided for your use by BBB Systems subject to your acceptance of the following User Agreements which may be updated by The Tungland Corporation from time to time. By becoming a Visitor / User (as defined herein) of the Site, you agree to be bound by the terms of this Agreement.  When using a particular service or product offered on the Site you also may be subject to any posted guidelines, rules, terms of service, policies or other contractual provision as noted. In the event of a conflict between any other agreement, rule, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please click  Contact Us before using this Site. All references herein to "we" or "us" refer to The Tungland Corporation.

Types of Visitors
Any person or entity (through its agents) accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "Visitor or User" under this Agreement. All Visitors are bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, then you should not use or access the Site.

Description of Services
The Tungland Corporation is a free service where users can find information about services provided by The Tungland Corporation.

Conditions of Use
If a User is an individual, such User must be over the age of 18 and possess the capacity to enter into binding contracts.

No Endorsement of Content or Businesses
The Tungland Corporation makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site including, without limitation, the availability or quality of any of the services offered by third parties. The Tungland Corporation does not control the quality, safety, truth or accuracy of the content and makes no representation thereof. The Tungland Corporation shall have no obligation to review the Site's content or pre-screen any of the third party agencies. All content provided by Users of the Site is the sole responsibility of the User, not The Tungland Corporation. The Tungland Corporation will make its best effort to screen members, prior to allowing membership, to insure that these members meet the highest standards possible.  The Site may contain hyperlinks to third party web sites outside of the Site. We make no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party web sites. We have no control over the content of any hyperlinked third party web sites and shall have no obligation to review those sites' content. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content, and that under no circumstances will The Tungland Corporation be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site.

Acceptable and Lawful Use of Site
Any Registration Information, computer information, or other information a User or Visitor provides to us in connection with the use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another’s privacy, or harm minors in any way; (f) shall not create liability for us; and (g) shall not include personal or identifying information about another person who does not wish to be included. Visitors shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site. The Tungland Corporation reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

License Granted
User grants The Tungland Corporation a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to any and all information provided by any and all Users of the site.

Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between Visitors and The Tungland Corporation. This Agreement is between the site Visitor/User & The Tungland Corporation and is not intended to be for the benefit of any third party with the exception of members and advertisers. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that The Tungland Corporation is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release The Tungland Corporation, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

Posting on www.tungland.com
By posting on the forum, the poster thereby represents that the review is based upon an actual experience with the topic being discussed. You represent and warrant that you have developed the posting and have granted The Tungland Corporation ownership and control all of the rights to the content you post and that the content is accurate. The Tungland Corporation reserves the right, but not the obligation, to refuse to post or to remove any review or portions thereof, in any media worldwide if it contain is deemed unacceptable.  Any reviews deemed originating from a business owner and/or other representative for the sole purpose of promoting the business will be deleted. Forum Postings do not reflect the views of The Tungland Corporation, subsidiary or affiliated companies, or its employees, officers, directors or owners. The Tungland Corporation does not assume responsibility or liability for posting or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. With respect to content you submit or make available for inclusion on the Site ('Content"), you grant The Tungland Corporation a world-wide, royalty-free, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license means that The Tungland Corporation, subsidiary or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any and all materials and communications regarding and including submitted reviews, or portions thereof, in any media worldwide.

Offline Conduct
Although The Tungland Corporation cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

Security
We utilize secure servers to protect information contained on the site. Users shall not disclose any information to others that might create or inflict harm on others, including anti competitive actions.

Privacy Statement
Visitors acknowledge that the Site may link to other sites not controlled by us, and that the collection of a Visitor's data by these sites is outside the scope of our control. The Tungland Corporation reserves the right to monitor a User's use of the Site in accordance with our Privacy Statement. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from us in connection with the use of the Site.

System Integrity
Visitors may not use any device, software or routine to interfere with the proper working of the Site. Visitors may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of The Tungland Corporation.  Visitors may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e.: "Spam"). Visitors shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of (The Tungland Corporation. Information on the Site is frequently updated and is proprietary or is licensed to The Tungland Corporation.  Visitors agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our web site without the prior expressed written permission of The Tungland Corporation.

System Outages
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

No Warranty
The Tungland Corporation provides this web site "as is" and without any warranty or condition, express, implied or statutory. Visitor assumes total responsibility and risk for use of this site, use of any service providers obtained from this site and hyperlinked web sites. We make no warranty that the site will meet visitors' requirements, nor do we make any warranty as to the results that may be obtained from the use of the site or to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from The Tungland Corporation shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.

Indemnification
Visitor and User agree to indemnify, defend and hold harmless The Tungland Corporation, affiliates, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Visitor's or User's (directly or through its agents) use of the Site provided hereunder by The Tungland Corporation and Visitor's or User's breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.

Intellectual Property

Generally

All pages within the Site are the property of The Tungland Corporation. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of The Tungland Corporation. A Visitor may not, and this Agreement does not give a Visitor permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content/programs 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. A Visitor may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by The Tungland Corporation.

Trademark Notice
All trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks to a Visitor. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on this Site, without the express written permission of The Tungland Corporation or the trademark owner.

Submissions
We appreciate and will consider any comments you may have on our Site, service, or ideas you may have on how to improve them. Please email us with your feedback using the Contact Us page. Please note that by doing so, or by otherwise posting, uploading, inputting, providing or submitting ("Posting") your comments, feedback, concepts, know-how, Registration Information, Reviews, or ideas ("Submission"), you irrevocably assign free of charge, all worldwide rights, title and interest in all copyrights, patent rights, and all other intellectual property rights in the Submission The Tungland Corporation, its successors and assigns. Without limitation, The Tungland Corporation, its affiliated companies and its licensees, will be entitled to use your Submission on an unrestricted basis, for any purpose whatsoever, including, to: develop, manufacture and market services incorporating such Submission, to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the unrestricted right to license such rights. The Tungland Corporation does not wish to receive any submission that is confidential or proprietary. You agree not to post or otherwise provide any submission that you consider confidential or proprietary, and any submissions you post will be deemed and treated as non-confidential and non-proprietary. In addition, do not post any Submissions that you do not want to assign to The Tungland Corporation.  No compensation will be paid or is due with respect to the assignment or use of your Submission, as provided herein. The Tungland Corporation is under no obligation to post or use any Submission you may provide. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to assign, provide, post, upload, input or submit the Submission.

Electronic Signatures
Visitors and The Tungland Corporation agree that any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by the Visitor. The Visitor and The Tungland Corporation further agree that by entering into this Agreement they shall agree to accept electronic signatures or other reasonable electronic indicia as effective forms of acceptances. Such indicia of acceptance shall be considered for these purposes as an original signature and any such electronic transmission shall be considered to have the same binding legal effect as an original signed document. Visitor agrees that Visitor shall not raise electronic transmission or electronic signatures as a defense to this Agreement or the binding nature thereof or in any matters related to the Agreement, and User agrees to waive such defense.

Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Agreement or the Site shall be brought exclusively in the federal or state courts.

Miscellaneous
In the event that one or more portions of this Agreement 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 this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of Visitor or The Tungland Corporation at any time or times, to require performance of any provision hereof shall in no manner affect Visitor or The Tungland Corporations' right at a later time to enforce such provision. No delay or failure of Visitor or The Tungland Corporation in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between The Tungland Corporation and you, the Visitor, pertaining to the subject matter hereof. In its sole discretion, The Tungland Corporation may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. Visitor shall regularly review the Agreement. If you have any questions about the Agreement, contact us. Visitors may not assign their rights or delegate their responsibilities hereunder without the express written permission of (Your Company Name). The Tungland Corporation may, at any time, assign its rights or delegate its obligations hereunder without notice to Visitor. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.

Inquiries
The Site and any content are offered by The Tungland Corporation. Anyone wishing a copy of this Agreement may obtain such by emailing The Tungland Corporation using the Contact Us page.

Confidential Information
Do not submit confidential or proprietary information to us unless we have mutually agreed in writing. By using our services, you agree that we shall not be responsible for any confidential or proprietary information.

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