Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
These Terms of Service ("Terms") apply to your access to, and use of, the websites, mobile applications and other online products and services (collectively, the "Services") of Tontyne Finance Limited. and its subsidiaries and affiliated companies ("Tontyne Finance ", "we" or "us"). These Terms do not alter the terms or conditions of any other agreement you may have with Tontyne Finance for products, services or otherwise.
Tontyne Finance reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Services, at any time and in its sole discretion. Notice will be provided by posting the revised Terms to the Services and changing the "Last Revised" date at the top of the Terms or by providing other means of notice as Tontyne Finance will determine each time in its sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Users in an existing activated Tontyne Campaign does not have to agree on changed terms, however any members of an inactive Tontyne Campaign must agree on the new terms to continue using the services. Any changes or modifications will be effective immediately upon posting the revisions and agreeing to them to the Services. If you are already in an active Tontyne Campaign your continued use of these Services will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms that apply to your use of the Services. The most current version of the Terms can be reviewed by clicking on the "Legal" hypertext link located at the bottom of our web pages, and choosing your country of residence. If you do not agree to the amended terms, you must stop using the Services.
1. Eligibility:
You must be at least 18 years old to access or use the Services. By registering to use the Services, you represent and warrant that you are over 18, that you are not registering to use the services on behalf of any third party and that you have not previously been suspended or removed from the Services. You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which the United kingdom has embargoed goods or services; (b) identified as a "Specially Designated National", or (c) placed on the Commerce Departments Denied Persons List. You further represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms.
2. Registration and Account:
In order to use the Services, you must create an account with the Tontyne Finance ("Account") by logging in via one of the supported social media platforms ("Social Media") or email address ("email Address"). You represent and warrant that you are the authorized account holder for the Social Media or email Address account used to register for your Account. You may register for only one Account. You also agree to (a) provide accurate, current and complete information when creating or updating an Account; (b) maintain and promptly update your Account Tontyne Finance; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (d) promptly notify Tontyne Finance by emailing admin@tontyne.com if you discover or otherwise suspect any security breaches related to the Services; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
3. Privacy Policy:
Please refer to our privacy policy for information about how Tontyne Finance collects, uses and discloses personally identifiable information from its users.
4. Description of Services:
After creating an Account, you may accept an invitation from one of your Social Media or email Address contacts to join a Tontyne Campaign via the Services (each, referred to as a "Tontyne Campaign") or organize your own Tontyne Campaign and invite your Social Media and/or email Address contacts to join your Tontyne Campaign. The manager of a Tontyne Campaign determines the amount of total pay-out and periodic instalment (monthly, weekly, etc).
Each participant in a Tontyne Campaign agrees to contribute a set amount of money ("Contribution") on certain scheduled dates (each, a "Contribution Day") for a certain period ("Tontyne Campaign duration"), as determined by the Tontyne Campaign manager. On one of the Contribution Days, instead of making a Contribution, each of the Tontyne Campaign ’s participant will receive an amount of money equal to the total amount of Contributions provided by all other participants of such Tontyne Campaign on that Contribution Day (each, a "Transfer"). The manager of a Tontyne Campaign determines the parameters applicable to the Tontyne Campaign in accordance with the available options provided by the Services, including but not limited to setting the amount of a Transfer, the duration of the Tontyne Campaign and the amount and frequency of required instalments.
By organizing or participating in a Tontyne Campaign, you will make Contributions and receive Transfers in accordance with the requirements as set forth in such Tontyne Campaign. Tontyne Finance reserves the right to set certain limitations on the use of the Services, including but not limited to: (1) limiting the amount of any Tontyne Campaign, Transfers or Contributions; and (2) limiting the total number of Tontyne Campaign s that a user may organize or participate in at any one time or over a period.
5. Contributions and Transferse-Wallet Account:
Failure to Make Contributions: If any participant fails to make a required Contribution within the next 72 hours of a Contribution Day ("Non-Contributing Participant"), such participant's right to participate in the Tontyne Campaign and/or the Services may be terminated or suspended, in Tontyne Finance 's sole discretion, and any rights that such participant may have to receive a Transfer in the future may be forfeited. The Tontyne Finance will suspend all future Contributions and Transfers pursuant to such Tontyne Campaign, the Tontyne Campaign participants will be notified of any Non-Contributing Participant(s) and the Tontyne Campaign manager will have the option of immediately terminating the Tontyne Campaign ("Termination Right"). If the manager does not exercise this Termination Right, all participants will be required to complete all remaining Contributions in accordance with the obligations originally established by such Tontyne Campaign. If the manager exercises this Termination Right, the Tontyne Campaign will be immediately terminated and no future Contributions or Transfers will occur pursuant to such Tontyne Campaign. PLEASE NOTE THAT IF YOU HAVE NOT RECEIVED A TRANSFER BY THE TIME ANY PARTICIPANT BECOMES A NON-CONTRIBUTING PARTICIPANT, OR BY THE TIME THAT AN MANAGER EXERCISES THE TERMINATION RIGHT, YOU MAY NOT RECEIVE ANY OR ALL OF THE TRANSFER ORIGINALLY ESTABLISHED BY SUCH Tontyne Campaign depending on your turn.
Disputes: You acknowledge and agree that any disputes you may have regarding Contributions and the receipt of Transfers are between you, and the participants of a Tontyne Campaign, and that Tontyne Finance is not responsible for any Contribution or Transfer transactions, including without limitation any personal or payment information you provide. Applicable law is the British law,
Taxes: You are solely responsible for any tax records, tax receipts, withholding, reporting or liability associated with the Contributions you make or Transfers you receive.
6. Fees:
Total Fees: For the Tontyne Campaign, Tontyne Finance charges a service fee consisting of a percentage of each Transfer (the "Total Fees"), which will be in addition to any Contribution required by the Tontyne Campaign and any other fees described in these Terms. Total Fees may include all fees related to the payment processor such as platform fee, financial fee, transaction fee and secure card processing fee. The Total Fees charged to you may vary depending on your Tontyne Campaign Position. You will be notified of the Total Fees applicable to your Tontyne Campaign Position prior to agreeing to join a Tontyne Campaign . There could be a fraction number limited to £0.99999 charged on every monthly instalment. We do that to round up to the next whole number in order to satisfy a Tontyne Campaign requirement.
Pay-out Fees: For the Tontyne Campaign, Tontyne Finance may charge a service fee when a Tontyne Campaign Participant transfer a certain amount of his balance in the Services to a personal account. Tontyne Finance reserves the right to change the Total Fees and the Pay-out Fees at any time without notice to you, if such change will only apply to new Tontyne Campaigns formed after the implementation of such change.
7. Donations:
In our sole discretion, and only in the event that all Tontyne Campaign participants successfully complete a Tontyne Campaign by satisfying all obligations required by such Tontyne Campaign, For the avoidance of doubt, a Tontyne Campaign is successfully completed only if all Tontyne Campaign participants complete all Contributions in the time and manner required by such Tontyne Campaign.
8. Acceptable Use of Services:
Access to and use of the Services is governed by our Acceptable Use Policy. Failure to comply with Prohibited conduct below may result in, among other actions, suspension or termination of your right to access and use the Services.
Prohibited Conduct: By accessing or using the Services, you agree not to:
use the Services for any purpose other than personal, non-commercial purposes.
use the Services for the purpose of receiving or assisting any person in receiving personal cash advances on any credit card or to finance or refinance debts funded by a credit card.
use the Services in connection with Money Service Business activities such as the sale of travellers checks or money orders, currency exchanges or check cashing.
use the Services to fulfil the financial goals of anyone other than yourself or other Tontyne Campaign participants or to collect payments on behalf of third parties, including any corporation or entity with which you are involved or by which you are employed.
use the Services to conduct online contests, lotteries, raffles, multi- level marketing, pyramid schemes, gambling activities, "get rich quick" schemes or any other form of prohibited financial activity.
use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity.
use the Services in any manner that could infringe the rights of any third party, including without limitation, intellectual property, privacy, -publicity or contractual rights.
use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner.
use the Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic or political or other nature not within the intended purposes of the Services).
use the Services for any commercial purpose whatsoever, unless with prior written consent from Tontyne Finance.
stalk, intimidate, threaten or otherwise harass or cause discomfort to any other user of our Services.
collect or store any information about any other user other than as permitted on our Services;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information.
circumvent or attempt to defeat any security or verification measure relating to use of the Services; or
assist any third party in doing any of the foregoing.
Reporting Violations: If you become aware of any violation of this Acceptable Use Policy, you are required to immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation, please contact: admin@tontyne.com
Suspension or Termination: Tontyne Finance reserves the right, but does not have any obligation, to monitor or police activity occurring on the Site or Service. If a User engages in conduct while accessing or using the Site or Service that violates this Acceptable Use Policy, in addition to other available remedies, Tontyne Finance may suspend or terminate the User's access or use of the Site or Service. Tontyne Finance will generally attempt to notify you of any activity in violation of the Acceptable Use Policy and request that you cease such activity; however, Tontyne Finance reserves the right to suspend or terminate your access and use of the Site or Service without notification if reasonably necessary.
9. Interactions with Other Participants:
You Have Sole Responsibility When Participating in a Tontyne Campaign. Our Services provide a platform for users to help each other achieve personal, non-commercial goals. Tontyne Finance is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other participant, person or organization. You are solely responsible for your interactions with other users of our Services, including but not limited to your decision to join and make Contributions to a Tontyne Campaign. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services.
Identity Verification: You are solely responsible for determining the identity and suitability of the other participants of any Tontyne Campaign with whom you may interact through our Services. We do not investigate or verify any participant’s reputation, conduct, morality, criminal background, or any information participants may submit via the Services. You acknowledge that Tontyne Finance makes no representations or warranties of any kind regarding any user registered to use the Services and that you are solely responsible for investigating and screening the other participants before joining or creating a Tontyne Finance. We encourage you to take precautions when considering whether to join or organize a Tontyne Campaign, particularly when participating in a Tontyne Campaign with a stranger.
Release: Because our Services are merely a platform, in the event that you have a dispute with one or more Tontyne Campaign participants, you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
10. Copyright and Limited License:
Unless otherwise indicated on the Services, the Services and all content and other materials on the Services, including, without limitation, the Tontyne Finance logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Tontyne Finance Materials") are the proprietary property of Tontyne Finance or its licensors or users and are protected by international copyright laws. You are granted a limited, non-sub licensable license to access and use the Services and Tontyne Finance Materials; subject to these Terms. Except as expressly permitted on the Services, in these Terms or otherwise in writing by Tontyne Finance , such license does not include: (a) any resale or commercial use of the Services or the Tontyne Finance Materials; (b) the distribution, public performance or public display of any Tontyne Finance Materials; (c) modifying or otherwise making any derivative uses of the Services and the Tontyne Finance Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching)of any portion of the Services, the Tontyne Finance Materials or any information contained therein; or (f) any use of the Services or the Tontyne Finance Materials other than for its intended purpose. Any use of the Services or the Tontyne Finance Materials other than as specifically authorized herein, without the prior written permission of Tontyne Finance, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
11. User Content:
The Services include interactive areas or services ("Interactive Areas") in which you or other users may create, post, send or store ads, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, links or other items or content on the Services ("User Content"). By using the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services any of the following:
User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable.
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law.
User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent.
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
Viruses, corrupted data or other harmful, disruptive or destructive files; or
User Content that, in the sole judgment of Tontyne Finance, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, the Services, or which may expose Tontyne Finance or its users to any harm or liability of any type.
Tontyne Finance does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Tontyne Finance liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. When you participate in Interactive Areas, you understand that certain information and content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of the Services and the Interactive Areas and use them at your own risk. If you become aware of User Content that you believe violates these Terms, you may report it by emailing admin@tontyne.com. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by the Terms. Although Tontyne Finance has no obligation to screen, edit or monitor any of the User Content posted on the Services, Tontyne Finance reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services. Tontyne Finance claims no ownership or control over any User Content, except for Feedback and as otherwise expressly provided herein, on the Services or in a separate agreement. However, if you post User Content to the Services, unless we indicate otherwise, you grant Tontyne Finance and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media both on and off the Services, including in connection with marketing and promotional activities. We may also use your name and likeness in connection with such use of your User Content. This license will terminate when you remove your User Content or terminate your Account, except that the license will continue with respect to any offsite uses that have already been made and any cached or archived uses that may still exist when User Content is removed. By posting User Content, you hereby release Tontyne Finance and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content. By posting User Content to the Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content and to grant the rights to Tontyne Finance that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Services, does not, and will not, violate these Terms or any applicable law, rule or regulation.
12. Repeat Infringer Policy:
Tontyne Finance has adopted a policy of terminating, in appropriate circumstances and in Tontyne Finance's sole discretion, users who are deemed to be repeat infringers. Tontyne Finance may also, in its sole discretion, limit access to the Services and/or terminate the Account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
13. Copyright Complaints:
If you believe anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Name of Designated Agent: Tontyne Finance Limited - E-Mail Address of Designated Agent: admin@tontyne.com You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
14. Trade marks:
"Tontyne Finance ", "Tontyne Campaign" ", "Social Finance Platform", the Tontyne Finance logos and any other Tontyne Finance product or service name, logo or slogan contained in the Services are trademarks or service marks of Tontyne Finance (the "Tontyne Finance Marks") and may not be copied, imitated or used, in whole or in part, except as expressly permitted in these Terms or on the Services or with the prior written permission of Tontyne Finance. You may not use any meta-tags or any other "hidden text" utilizing any Tontyne Finance Marks without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tontyne Finance and is part of the Tontyne Finance Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the Services. All other trademarks, registered trademarks, product names and Tontyne Finance names or logos mentioned in the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark holder. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
15. Hyperlinks:
You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray Tontyne Finance or any of our Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any Tontyne Finance Marks or other proprietary graphic of Tontyne Finance to link to the Services without the express written permission of Tontyne Finance. Further, you may not use, frame or utilize framing techniques to enclose any Tontyne Finance trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Tontyne Finance's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Tontyne Finance or any third party.
16. Third Party Content:
Tontyne Finance and its users may provide third party content on the Services and may provide links to Web pages and content of third parties, including but not limited to advertisements and promotions (collectively the "Third Party Content") as a service to those interested in this information. Tontyne Finance does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Tontyne Finance is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Tontyne Finance is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on the Services.
17. Feedback:
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Tontyne Finance or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Services or otherwise, are non-confidential and will become the sole property of Tontyne Finance. Tontyne Finance will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
18. Indemnification:
You agree to defend, indemnify and hold harmless Tontyne Finance , its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
19. Disclaimer of Warranties:
TONTYNE FINANCE PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SERVICES OR THE TONTYNE FINANCE MATERIALS. THE SERVICES AND TONTYNE FINANCE MATERIALS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TONTYNE FINANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. TONTYNE FINANCE DOES NOT REPRESENT OR WARRANT THAT TONTYNE FINANCE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR- FREE. WHILE TONTYNE FINANCE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, TONTYNE FINANCE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY- RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. TONTYNE FINANCE RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE SERVICES AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY TONTYNE FINANCE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
20. Limitation of Liability:
IN NO EVENT WILL TONTYNE FINANCE , ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE TONTYNE FINANCE MATERIALS OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TONTYNE FINANCE , OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TONTYNE FINANCE 'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT, WILL THE AGGREGATE LIABILITY OF TONTYNE FINANCE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TONTYNE FINANCE FOR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
21. Modifications to Services:
Tontyne Finance reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that Tontyne Finance will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
22. Arbitration:
READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQURES THE PARTIES TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TONTYNE FINANCE. You and Tontyne Finance agree that the sole and exclusive forum and remedy for any and all disputes and claims arising out of or relating in any manner to these Terms and/or the Services will be final and binding arbitration, except that neither party will be required to arbitrate any disputes or claims that allege that the other party has infringed upon or violated or threatened to infringe upon or violate any patent, copyright, trademark, trade name, trade secret or other intellectual property rights. You and Tontyne Finance agree that you will attempt informal resolution prior to any demand for arbitration and that arbitration will be conducted confidentially by a single arbitrator. The location of the arbitration and the allocation of costs and fees for such arbitration will be determined and will be subject to the limitations provided for in the Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Tontyne Finance will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEEDINGS OF ANY KIND WILL BE PERMITTED.
23. Termination and Suspension:
Notwithstanding any of these Terms, Tontyne Finance reserves the right, without notice and in its sole discretion, to terminate or suspend your right to use the Services, and to block or prevent your future access to, and use of, the Services.
24. Survival:
Sections 4 (Description of Services), 5 (Contributions and Transfers), 6 (Platform Fee), 7 (Acceptable Use of Services), 8(Interactions with Other Participants), 9 (User Content), 14 (Trademarks), 16 (Third Party Content), 17 (Feedback), 18(Indemnification), 19 (Disclaimer of Warranties), 20 (Limitation on Liability), 22 (Applicable Law), 23 (Disputes), this Section 25(Survival) and Section 26 (Severability) will survive any termination or expiration of these Terms.
25. Severability:
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
26. Questions AND Contact Information:
Questions or comments about the Services or these Terms may be directed to Tontyne Finance by emailing admin@tontyne.com.