Privacy Policy

I. General

CHILDRENS ONLINE PRIVACY PROTECTION ACT Compliance and Non-Applicability Statement.

  The Children’s Online Privacy Protection Act applies to the online collection of personal information from children under the age of 13. service.tmdim.com does not collect any personal information about children under the age of 13. Our SITE is not designed for children under 16, and children under the age of 16 are not authorized to access or use our services. If we discover that a child under the age of 16 has provided us with personal information, we will endeavor to purge any such information as soon as possible.

II. Revisions to this Policy

  This Policy is current as of the Last Modified set forth above. We reserve the right to revise, amend, or modify this Policy and our other policies and agreements at any time and in any manner. We will post any updates to this Policy on our SITE. You should periodically check for any modifications of this Policy by re-visiting this web page. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our SITE

III. Information that we collect

   Visitors to our SITE and services will have multiple manners of interacting with us. Depending upon your level of interaction, we will collect different information about you. We collect information about you directly from you and from third parties, as well as automatically through your use of our SITE. The type of information collected is as follows:

  • Members – Members are those users who subscribe to our services will be prompted to provide their name, their address, their age, their phone number, and any other necessary billing information.
  • Posters – Posters are visitors to our SITE who choose to register to post information in our public forums. We collect your email address and the password you create for your account when you register, and we also collect information about your posts to our forums. Any information entered voluntarily by the Poster on one of our forums should be considered public information or information that is publicly available. If you do not wish for information to be made public, you should not enter it into your user profile when registering as a Poster.
  • All SITE users and visitors – We automatically collect the following information from all users and visitors to our SITE through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit or use our SITE; and the referring URL, or the webpage that led you to our SITE. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

IV. Our Use of Cookies and Other Tracking Mechanisms

   We and our third party service providers use cookies and other tracking mechanisms, including those designed for mobile applications, to track information about your use of our SITE. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

  • Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our SITE, while others are used to enable a faster log-in process or to allow us to track your activities at our SITE and service, including for online advertising purposes.
  • Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our SITE who disable cookies will be able to browse certain areas of the SITE, but some features may not function.
  • Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your device’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our SITE to, among other things, track the activities of SITE visitors and users, help us manage content, and compile statistics about SITE usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
  • Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our SITE. We also may use other analytic means to evaluate our SITE. We use these tools to help us improve our services, performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services. To learn more about Google’s privacy practices, please review the Google Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.
  • Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.
  • Third-Party Ad Networks. We use third parties such as network advertisers to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal information, about you.

V. How we use your information

   We use your information, including your personal information, for the following purposes:

  • To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
  • To tailor the content and information that we may send or display to you, such as displaying information on your use of our cloud services, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the SITE.
  • For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our services on third party websites.
  • To better understand how users access and use our SITE, both on an aggregated and individualized basis, in order to improve our SITE and services and respond to user desires and preferences, and for other research and analytical purposes.
  • To administer surveys and questionnaires.
  • To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
  • To protect the safety, rights, property, or security of TMD Service, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that TMD Service, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; to conduct audits; and to enforce this Policy, our Acceptable Use Policy, and our Terms of Service.

VI. Transmittals from Us

   We may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by contacting [email protected] or by clicking the opt-out link at the bottom of these emails. If you opt out of these marketing emails, you may still receive system notices and other information that is specifically related to your account.

VII. Security of Your Information.

   We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. For example, we take measures, including data encryption, to protect the transmission of sensitive end-user information. Nevertheless, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. We take reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.

VIII. How to Access or Modify Your Information.

   We offer our Members the opportunity to access or modify information provided during registration. To access or modify such information, contact our Customer Service Department at https://service.tmdim.com/contact/

IX. Where to Direct Questions About Our Privacy Policy.

   If you have any questions about this Policy or the practices described herein, you may contact us at https://service.tmdim.com/contact/

   USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.

   IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. DEPENDING ON YOUR JURISDICTION, THIS SECTION MAY NOT APPLY TO YOU.

Terms of Service Highlights

   Please also read our Full Terms of Service

   Your Acceptance

   Each time you access and/or use the Services, you agree to be bound by these Terms and any Additional Terms that apply to you.

   Your Privacy

   You agree that we can use your information as outlined in our Privacy Policy.

   Payments, Subscriptions and Cancellations

   You will honor your payment obligations, if any. For recurring charges that you agree to make, you agree that third parties working on our behalf may store your payment information to process the payments you agreed to make. You understand that additional fees and taxes may apply to your purchases. Please refer to our Cancellations section for related information. TMD Service does not guarantee refunds.

Full Terms of Service

1. YOUR ACCEPTANCE AND CONTRACTUAL RELATIONSHIP

   By using the Services, you represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you may not use the Services at any time or in any manner, or submit any information to TMD Service or the Services.

   If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such business entity or organization. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.

2. MODIFICATIONS AND ADDITIONAL TERMS

   (a) These Terms. TMD Service can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Services. We will ask for your express consent to the updated Terms where we are legally required to do so, and our notice to you will explain how you can accept or reject the changes. If you do not agree with any of the updated Terms, you must stop using the Services. Unless otherwise required by law, the updated Terms are effective as of the day of posting.

   (b) The Services. TMD Service may make changes to the Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified. We also reserve the right to discontinue the Services, or any component of it, at any time without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.

   (c) Paid subscriptions. Please note that if you are under paid-subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will also notify you of such changes as contemplated in Section 3(a) above. Any changes will become effective after your then-current subscription expires or terminates. If you do not agree with such changes and you communicate this to us in accordance with the notification, we will not automatically renew your subscription even if you previously agreed to automatic renewal for payment.

   (d) Additional Terms. In addition, certain features of the Services may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.

   (e) Executed Contract(s). If You have entered into a separate executed (i.e. signed) agreement for services with TMD Service (collectively and individually, “Contract”), such Contract shall supersede these Terms. In the event of any conflict between these Terms and the Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.

3. USERS

   (a) Visitors. Visitors may browse the Site in accordance with these Terms but will not have full access to the Services without first becoming “Registered Users.”

   (b) Registered Users and Accounts. In order to access certain features of the Services you will be required to become a Registered User. A “Registered User” is a User who has registered an account with us (your “Account”). As a Registered User you choose what information you may make public or showcase.

   (c) Registration Data. In registering for the Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that all notices and communications between Us will be sent to the email address You provide. If you provide any information that is untrue, inaccurate, not current or incomplete, or TMD Service has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TMD Service has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) for breach. You agree not to create an Account using a false identity or information. You agree that you shall not have more than one Account at any given time. You agree not to register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to these Terms. By registering another person, group, organization, or entity you hereby represent that you are authorized to do so. You agree not to create an Account or use the Services if you have been previously removed by TMD Service, or if you have been previously banned from any of the TMD Service properties.

   (d) Account Management. When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your Content and data only through such login and password. You are entirely responsible for maintaining the confidentiality of Your password and for any and all activities which occur using Your credentials and/or under your Account. TMD Service reserves the right to establish an Account verification process to verify the account and/or any information provided. You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security known to (or reasonably suspected by) You at [email protected]. TMD Service shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that TMD Service considers insecure or inappropriate, TMD Service will be entitled to require this to be changed and/or terminate your Account. TMD Service reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. It is also Your responsibility to make sure that Our domain(s) (including “service.tmdim.com”) are not included in any spam block list used by You or Your mail provider. You are required to perform all necessary security configuration and management tasks (1) for Your site(s) and all domains, web pages or IP addresses which You are hosting through the Services, and (2) to protect Your Content (defined below) and data, including that of Your customers and/or end users hosted through the Services. You are responsible for management of updates and security patches, any application software or utilities installed, any files accessible via Your site(s), and the configuration of any TMD Service-provided security utilities.

1. CONTENT

  You are responsible for the information, text, opinions, messages, comments, audio visual works, motion pictures, photographs, animation, videos, graphics, sounds, music, software, Apps, and any other content or material that You or your end users submit, upload, post, host, store, or otherwise make available (“Make Available”) on or through the Services (collectively, “Your Content,” “Content” or “User Content”). You may not Make Available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any such right protects any material is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make or submit. As between you and us, you own your User Content and you have full responsibility for all User Content you make or submit, including its legality, reliability and appropriateness, while using the Services. You hereby grant to TMD Service a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and otherwise use and commercialize the User Content in any way that TMD Service deems appropriate, without any further consent, notice and/or compensation to you or to any third parties, for purposes of providing the Services to you.

   TMD Service will not actively monitor Content being hosted by TMD Service, although TMD Service, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning Your Account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. TMD Service will investigate complaints of a violation of a third-party right or of the AUP. TMD Service will cooperate with those attempting to minimize Internet abuse and reserves the right to institute “filters” or other mechanisms for that purpose. TMD Service will cooperate with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in these Terms, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of these Terms between us, the parties.

  You acknowledge and expressly agree that TMD Service will not be liable to You or any of Your end users for any action TMD Service takes to remove or restrict access to the Services for any alleged violation of the AUP, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the DMCA.

  TMD Service may, at its sole discretion, immediately terminate Your Account and access to the Services, and terminate these Terms for cause, if Your conduct violates our Policies (See Section 10), or if any of Your end users’ or downstream customers’ conduct violate such Policies. We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the DMCA (See Section 11).

   Child Pornography. TMD Service takes the issue of child pornography very seriously, and any potential harm to minors using our Services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, TMD Service reserves the right to terminate any Account whose website(s) hosts or links to child pornography immediately and without notice to You. If the account is a TMD Service reseller account, the account will be suspended, and the reseller will be directed to terminate the responsible account. You agree to cooperate in any such efforts. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with TMD Service in any effort to investigate, disable or remove such Content originating with Your end users. Consistent with federal law, TMD Service will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities.

  Content appropriate for Minors and Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site and services. You agree not to allow minors to view any such materials and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that you can research such services at websites such as www.asacp.org. Please note that the Service makes no representation or warranty regarding any of the products or services referenced on such sites and recommends that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing these kind of materials if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.

  Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that TMD Service operates as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your Content (including third-party content published on Your web site(s)). We do not create such content, and We are not responsible for the publication of remarks or communications of You or third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows TMD Service to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our immunity status as an interactive computer service. Nothing contained in this Section is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act. In the event that any court finds that any third-party communication or third-party content hosted by us falls outside of the realm of the immunity provided by the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on our Site or hosted via our Services.

2. INTERACTIONS BETWEEN USERS

   You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Service. TMD Service may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Service. TMD Service reserves the right, but has no obligation, to monitor or become involved in any way with these disputes. You will fully cooperate with TMD Service to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting TMD Service access to any password-protected portions of your Account. TMD Service reserves the right to restrict, suspend, or close your account if TMD Service determines, in our sole discretion, that doing so is necessary or in our best interests.

  If you have a dispute with one or more Users, you release TMD Service (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

3.NO WARRANTIES

  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. TMD Service EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, TMD Service MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TMD Service MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

  TMD Service HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD PARTY.

  TMD Service MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TMD Service OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON TMD Service’S WEBSITE.

  UNLESS OTHERWISE AGREED TO IN WRITING, TMD Service DOES NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR SITE(S) ON A REGULAR BASIS.

4. LIMITATION ON LIABILITY

  YOU ARE SOLELY RESPONSIBLE FOR CONTENT, THE OPERATION AND SECURITY OF YOUR ONLINE PORPERTIES AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL TMD Service BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO CONTENT, THE OPERATION OR SECURITY OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB SITE AND/OR BUSINESS.

  THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION.

  REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL TMD Service, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES (“AFFILIATES”), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF TMD Service HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; or (D) FOR YOUR USE OF ANY THIRD-PARTY SERVICES.

  THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF TMD Service AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO TMD Service DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.

5. INDEMNIFICATION

   You agree to defend, indemnify, and hold TMD Service and its Affiliates harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from (a) any breach of Your covenants under these Terms; (b) Your use of the Services; (c) any defamatory, libelous or illegal material contained within User Content or Your information and data; (d) any claim or contention that Your Content, Your information and data, or Your use of any Third-Party Services infringes any third party’s patent, copyright or other intellectual property rights or violates any third party’s rights of privacy or publicity; (e) any third party’s access or use of User Content or Your information and data; (f) any violation of the applicable Policies (see Sections 10 and 11). In the event of a claim under this section, TMD Service shall be permitted to select legal counsel to provide a defense to such claim. TMD Service reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from You, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of TMD Service, which shall not be unreasonably withheld.