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Terms of Use

Please read these Terms of Use carefully before using this website (the "Website"). Your accessing or use of this Website confirms your unconditional acceptance of the following Terms of Use. If you do not accept each and every of these Terms of Use, do not use the Website.

For the purposes of these Terms of Use, users include anyone who accesses the Website (together, "User" or "Users" or any second-person pronouns such as "You," "Your" or "Yours"). These Terms of Use include, and incorporate herein, the Privacy Policy of Tupl, Inc., a Delaware corporation ("Tupl" or any first-person pronouns such as "We," "Us," "Our," or "Ours"). You are responsible for familiarizing yourself with the contents of the Privacy Policy. These Terms of Use may change from time to time. All changes shall take effect immediately upon posting of the updated term/s on the Website, unless otherwise stated.

1. Copyright and Other Intellectual Property

The designs of the Website, and all text, graphics, information, content, and other material displayed on the Website, may be protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with prior written permission of the owner of such material.

You may not modify the information or materials displayed on or communicated through the Website in any way. The following activities are strictly prohibited without Our prior written consent:

2. On line Content

From time to time, the Website may contain links to websites that are not owned, operated or controlled by Us. All such links are provided solely as a convenience to You. If You use these links, You will leave the Website. We are not responsible for any content, materials or other information located on or accessible from any other website. We are not endorsing or recommending any other content, website, product, or service. We are not responsible for the content of any linked website or any consequences of making these links.

3. Rules of Conduct

While using the Website, You agree not to:

4. Temporary Unavailability

The Website may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of, or unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Website or combination thereof, including injury or damage to users or any other person's computer related to or resulting from participating or downloading materials in connection with the Website.

5. Disclaimers and Limitations of Liability

THE WEBSITE, AND THE INFORMATION, MATERIALS AND SERVICES ON IT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF YOUR COMPUTER OR OTHER EQUIPMENT.

6. Indemnification

You shall defend, indemnify, and hold harmless Us and any of Our officers, directors, employees, agents, shareholders and representatives for any losses, damages, judgments, orders, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) relating to or arising out of claims related to Your use of the Website, including but not limited to any breach by You of these Terms of Use or any claims made by any third party due to or arising out of Your use of the Website.

7. Notices

We may deliver notices to You by means of e-mail, a general notice through the Website, or by other reliable method to the address You have provided to Us.

8. Choice of Law

These Terms of Use will be governed by and construed in accordance with the substantive and procedural laws of the State of Washington, without regard to its principles of conflicts of laws. You expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in King County, Washington.

9. Binding Arbitration

Any legal disputes, claims, or controversies arising out of or relating to these Terms of Use or the use of the Website shall be submitted for binding arbitration in Seattle, Washington, conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. The arbitrator's decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO (1) BRING A LEGAL ACTION IN COURT, (2) HAVE YOUR DISPUTE RESOLVED BY A JUDGE OR JURY, AND (3) PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.

10. Domestic Use; Export Restriction

We make no representation that the Website is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Website may be subject to United States export controls. No software from the Website may be downloaded or exported in violation of any applicable export law or regulation.

11. Miscellaneous Provisions

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between You and Us with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Us with respect to the Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

12. Additional Assistance

If You have any questions or concerns regarding these Terms of Use, please contact us at:

Tupl, Inc.
500 108th Avenue NE, Suite 1100
Bellevue, WA, 98004

Email: info@tupl.com