Terms of Service

Treasures Marketing Group, Inc “TreasuresOf” Internet Listing Subscription - Terms of Service

This is a legal agreement ("Agreement" and/or "TOS") between you and Treasures Marketing Group, Inc, hereinafter referred to as “TMG.”  All of the products and services listed in this document above shall hereinafter be referred to as the "Service." If you do not agree to the terms and conditions in the Agreement, do not subscribe to or use the Service. By completing the registration and using the Service, you signify your agreement with the terms and conditions of this Agreement and the TMG Acceptable Use Policy.
1. Legal Authority. You must be an adult of at least 18 years of age to purchase the Service; and by accepting these TOS as a Customer Account holder, you confirm you are an adult of at least 18 years of age. If you are subscribing as a legal entity, rather than as an individual, by accepting these TOS as a Customer Account holder, you confirm (through your duly authorized representative) that you are a corporation, partnership or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these TOS.
2. The Service. The Service is an interactive website that provides information, communication and transaction service, used by connecting your receiving and transmitting equipment (normally a personal computer with an internet connection) to TMG’s website. The Service includes access to a collection of on-line resources, including general and personalized content, communication tools, online directories, administrative services, purchasing services, download areas, and information (the "Site"). In addition to communication, information and transaction services, the Service provides access to the Internet by means of links to other websites. The Service is a best efforts service. Your actual online experience may vary and depends upon several factors including customer location, destination on the Internet, traffic on the Internet, interference with the internet due to factors beyond TMG’s control, etc. No minimum level of speed or access is guaranteed. 
2.1 Modifications to Service. TMG reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. Should the technology become available, TMG reserves the right to provide your Service over a different access technology and may do so without notice if such change(s) will not negatively impact the service for which you signed up or require you to use new equipment. Without limiting the foregoing, TMG may post, or email, notices of changes in the Service. It is your responsibility to check our website and your email address for any such notices. You agree that TMG will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
3. Equipment & Software. Other than all software and hardware needed by TMG to operate its website(s), you must provide all equipment, devices and software necessary to receive the Service. Due to the myriad number of possible combinations of hardware and software, you are responsible for the compatibility of your system with the Service.    
3.1 File Modification/Backup Requirements. Any files or data you provide to TMG shall remain your property and TMG shall only be displaying/transmitting said files or data. You acknowledge that the files or data you provide to TMG may become corrupted or unusable and that TMG is not responsible for any loss of data. Except for our gross negligence or willful misconduct, we shall have no liability whatsoever for any damage, loss, or destruction to all or a portion of your hardware or software during your use of our service. In the event of such gross negligence or willful misconduct by TMG, TMG shall pay for the repair or replacement of the damaged, lost, or destroyed portions of your hardware, up to a maximum of $500, and our payment will be your sole remedy relating to such activity. TMG DOES NOT REPRESENT OR WARRANT THAT YOU WILL BE ABLE TO SUCCESSFULLY ACCESS OR USE THE SERVICES, NOR THAT ACCESSING OUR WEBSITE WILL NOT CAUSE DAMAGE TO, OR LOSS OF,  ANY OF YOUR SOFTWARE, HARDWARE, FILES, DATA, OR PERIPHERALS. TMG AND OUR EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR SERVICE PROBLEMS RESULTING FROM YOUR USE OF THIS SERVICE. YOU ARE RESPONSIBLE FOR BACKING UP AND/OR SAVING ANY DATA THAT YOU TRANSFER TO TMG. 
4. Revisions. This Agreement may be updated or changed from time to time. You agree to visit the Website periodically to be aware of and review any such revisions. All changes shall become effective upon posting of the revised Agreement on the Website. Your continued use of the Service following such notice constitutes your acceptance of those changes. If you do not agree to the revisions, you must terminate your Service immediately.
5. Term & Termination. You agree to the specified term set forth in the offer under which you purchased the Service, if any. You further agree that if you cancel your plan before the end of such term, you may be subject to early cancellation fees and/or service fees (collectively "Termination Charges") associated with that plan. The Temination Charges are pre-payment of 9 months of service at your current monthly rate. In the absence of a specified term, the term for your Service will be month-to-month. Contacts to cancel Service: 1-888-557-9328 ext 794 
5.1 Suspension/Termination. TMG respects freedom of expression and believes it is a foundation of our free society to express differing points of view. TMG will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns. However, TMG may immediately terminate or suspend all or a portion of your Service, your Member ID, without notice, for conduct that TMG believes (a) violates the Acceptable Use Policy; or (b) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws) or a violation of these TOS, or any applicable policies or guidelines. Your Service may be suspended or terminated if your payment is past due and such condition continues un-remedied for thirty (30) days. TMG may also terminate or suspend your Service if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow TMG to bill you for Service.
5.2 Deletion of data after Termination or Cancellation. You agree that if your Service is terminated for any reason, TMG has the right to immediately delete all data, files, and other information stored in or for your account, including email messages, without further notice to you. 
6. Service Rates and Charges
6.1 Agreement to Pay. You agree to pay all fees and charges specified when you ordered your Service, including recurring and nonrecurring charges, taxes, fees and assessments applicable to the Service (including but not limited to applicable service activation fees, and termination charges). In order to provide you with the Service, TMG may pay taxes, fees and surcharges to municipalities and other governmental entities, which TMG may pass on to you. You will be invoiced monthly for usage of the Service and for any other services utilized by you or other users of your account which are billed to the customer by TMG in connection with the Service (including applicable taxes), either directly by TMG or through your designated credit card company. Rates, charges and other terms and conditions of the Service, are subject to change by TMG from time to time by notice provided on the Service or otherwise. In the event legal action is necessary to collect on balances due, you agree to reimburse TMG for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against you or TMG on the charges and all late payment, interest or other fees as stated on your bill. 
6.2 Credit Check / Deposit. You give us permission to obtain your credit information from consumer credit-reporting agencies at any time. If we determine that you may be a credit risk for (1) unsatisfactory credit rating; (2) insufficient credit history; (3) fraudulent or abusive use of any TMG Services within the last five years; or (4) late payments for current or prior bills, we may refuse to provide the Services or we may require a deposit to establish or maintain Service(s). The deposit will be held as a partial guarantee of payment. It cannot be used by you to pay your bill or delay payment. We may require you to increase your deposit at any time to reflect your estimated monthly charges based on actual usage or our reevaluation of your ability to pay. Establishment of a prompt payment record or credit may result in a partial or total refund of the deposit to you or credit to your account. Upon termination or cancellation of your service and there are unpaid amounts in your account or you owe an early termination fee, the deposit will be used to pay the outstanding amount due. 
6.3 Method of Payment. You authorize TMG to charge any amounts payable by you in connection with your use of the Service by one of the following methods: automatically by credit card or through electronic funds transfer. 
Credit Card Billing. If you choose to pay by credit card or debit card, you must provide TMG with a valid credit or debit card number and specified account information from a debit or credit card issuer. By providing such information you authorize your card issuer, bank or financial institution to charge or debit your corresponding account for all charges arising from your use of the Services. You authorize TMG on a monthly basis to automatically charge the credit card account, or to deduct from the debit card account, for payment of all sums due each month to TMG for use of  the Service, as defined and agreed to at the time of purchase of the Service. You agree to notify TMG of any change to the credit or debit card information including, but not limited to, changes in account number, expiration date or billing address. If you do not update your credit card information, TMG may suspend your use of the Service, or, at TMG 's option, may automatically move you onto another bill payment arrangement with TMG . If TMG makes other billing options available, you agree to abide by terms and conditions applicable to those options. TMG shall not be responsible for any charges made by the credit or debit card issuer, bank or financial institution to your credit or debit card account for exceeding credit limit, insufficient funds or any other reasons. TMG reserves the right to terminate your Service and your participation in this payment and billing plan without further notice due to reversals of payments, insufficient funds, or for any other abuses related to your card account. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00. If the state law where you receive the Service requires a different fee, we will charge you that amount.
7. Specific Billing Terms.  Service is billed a month in advance. This means your first charges, which you will receive via email, includes your monthly Service charges for a one month period which starts on the first day following the date that your first payment was received. Regardless of payment method, partial credit is not given to customers who change their price plan to another price plan, disconnect, cancel or are suspended from the service during a billing month. A billing month is defined as a calendar month, without regard to number of days in the calendar month.
8. Registration, Password, Security
8.1 When you accept this Agreement and complete the registration process for the Service, you become the "Member Account" holder. You will be asked to choose a unique name for that account (your "Member ID"). Violations of these TOS in a Member Account can result in suspension or termination of the Member Account.
8.2 Password and Member ID. You will receive a password and Member ID upon completing the Service registration process. You agree to keep confidential all passwords, IP addresses, and computer names and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your password, Member ID or IP address. You agree to do all of the following: (a) immediately notify TMG if you suspect any breach of security such as loss, theft, Public Use or unauthorized disclosure or use of your member Account, password, Member ID, or any credit or charge card number provided to TMG; (b) ensure that you exit from your account at the end of each session; and (c) periodically change your password.
8.3 Security. TMG intends to take certain industry-accepted precautions from time to time to secure our Site or portions thereof, and some portions of the Site may be labeled as "secure" in accordance with industry practice in connection with the use of such precautions. However, you understand and agree that such precautions do not guarantee that use of the Site is invulnerable to all security breaches, and that TMG makes no warranty, guarantee, or representation that use of our Site is protected from all viruses, security threats or other vulnerabilities. There is a risk that other users may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Service and you agree to take full responsibility for taking adequate security precautions and safeguarding your data from loss.
9. Other Responsibilities of User
9.1 Children/Adult Supervision TMG is concerned about the safety and privacy of all its users, particularly children. TMG recommends that you remain diligent in the supervision of any minors in their use of the service and the Internet. If you allow minors to access the service, please remind them of the dangers involved when corresponding or communicating with strangers or new acquaintances on the Internet. 
9.2. Data Management and Responsibility. You are responsible for management of your information including but not limited to back-up and restoration of data, erasing data from disk space you control and changing data on your webpage. TMG is not responsible for the loss of your data or for the back-up or restoration of your data.  
10. Webpages. TMG makes your Webpage(s) available as a feature of its TMG Internet Service. By your subscription to this feature, the following provisions of this Section apply (in addition to the other provisions of this Agreement): a) TMG may provide a listing/link to your Webpages on its TMG Internet gateway or other mechanisms. By subscribing to the Webpage feature, you authorize and grant TMG the right to use your name, Website address and similar  information in such listing or directory sites or applications. You may use the complete address (URL) granted to you as part of  the Webpage feature (which may have names or marks of TMG embedded therein) so long as you are obtaining the Webpage feature from TMG hereunder, but only for the purpose of identifying the location of your Website on TMG 's Service. Otherwise, you shall not utilize the name or any marks of TMG or any of its affiliates in any press releases, promotional materials or other commercial manner without the express prior written approval of TMG in each instance. Such approval shall normally be granted and you are specifically authorized to quote text from your story as published in any book published by TMG.  b) Ownership of all graphics, text or other information or content materials supplied or furnished by you for incorporation into or delivery through your Website shall remain with you (or the party which supplied such materials to you). c) You acknowledge and agree: (i) that the primary function of TMG 's Webpage feature as it relates to your Webpage is to facilitate access by end users to the information provided through your Website; (ii) that unless the information has been previously published by TMG, TMG has no proprietary, financial, or other interest in any of the content or information that may be described in or made available through your Website; and (iii) that you are solely responsible for the content, quality, performance, and all other aspects of  the information or other content contained in or provided through  your Website. You warrant that you will own or have the right to use and offer all such information or other content in the manner in which the same will be used, offered or provided in connection with your Website. You shall indemnify and hold harmless TMG from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your Website or an end user's use thereof, or any act, error, or omission of yours in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; or violation of any applicable law.
11. Restrictions on Use & Storage, Prohibition on Resale.  We grant to you a limited, non-exclusive, non-transferable, revocable license to use our Site only for the intended purposes of our Site. You may not sell, resell, or otherwise use or commercially exploit our Site other than by using it for its intended purposes. Systematic retrieval of data or other content from our Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TMG is prohibited. You further agree not to reproduce, prepare derivative works from or otherwise commercially exploit any portion of our Site, for any purposes other than its intended purposes or other than as expressly permitted by these Terms. Any license granted to you under these Terms for the use of any portion of our Site requiring registration or an account will automatically terminate upon termination of your account or registration privileges with respect to such portion of our Site. TMG and its third party suppliers have the right to terminate the license of any user at any time for any or no reason, solely in the discretion of TMG and its third party suppliers.
12. Support & Customer Service. TMG provides free basic customer care for Service purchased from TMG and covered under these TOS.  Customers who, in the sole opinion of TMG, require more-than-basic customer service will be charged a fee for customer service care. This amount will be discussed if, and when, TMG is contemplating charging you for customer support or service and you may opt-out of paying the charge, by reducing your customer service use to acceptable levels. The per-event minimum charge for excessive Customer Service is $65 plus an hourly rate of $50. 
13. TMG reserves the right to change these Terms & Conditions from time to time in its sole discretion, with or without prior notice, by displaying the revised verbiage on www.treasuresof.com It is your obligation to periodically review the Support & Customer Service Terms & Conditions. Your use of the Support & Customer Service following any such change (whether or not such changes are reviewed) constitutes your agreement to be bound by the Terms & Conditions as amended.
14. Acceptable Use Policy. As a Member, you are also subject to TMG's Acceptable Use Policy. Violations of the Acceptable Use Policy may also result in suspension or termination of the Service. 
14.1 Acceptable Use of the Service is as a Webpage listing service for your legitimate business. TMG does not accept or display photographs that, in our sole opinion, depict nude, lewd, overtly sexual, racist, violence inciting or other behavior or products that are offensive or illegal. 
15. Privacy Policy. Registration data and certain other information about you is subject to the TMG Privacy Policy. 
16. Infringement of Intellectual Property Rights. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an TMG site or Service(s). TMG attempts to adhere to the copyright protection practices promulgated under the Digital Millennium Copyright Act (DMCA) of 1998. If you believe we have violated any section of the DMCA, please contact us at: contact (at) treasuresof.com.
17. Operational Limits. Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that TMG is not liable for such interruptions. You further understand and agree that TMG has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of TMG. In addition, TMG is not liable for any failure of performance due to any cause beyond TMG 's reasonable control including Acts of God, fire, explosion, vandalism, nuclear disaster, sun spots, solar flares, terrorism, cable cut, storm or other similar occurrence, any law order, regulation, direction, action, or request by any government, civil or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or suspension of existing Service in compliance with state and/or federal law, rules and regulations, or delays caused by you or your equipment.
18. Indemnity. You agree to indemnify and hold harmless TMG and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c)  your violation of these TOS; (d) your violation of any rights of another; and (e) use of your account whether or not such usage is expressly authorized by you.
19. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A) YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TMG 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, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
B) TMG MAKES NO WARRANTY THAT (i) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
C) ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE. 
D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TMG OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
E) MATERIAL ON OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY INCORPORATED INTO THIS MATERIAL. TMG MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCTS, SERVICES OR PROGRAMS DESCRIBED IN THESE MATERIALS AT ANY TIME WITHOUT NOTICE.
20. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TMG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (WHETHER OR NOT TMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (v) ANY OTHER MATTER RELATING TO OUR SITE. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TMG 'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR SUBSCRIPTION TO OUR SITE
21. Remedies of User. Your sole and exclusive remedy for any failure or non-performance of the Service (including any associated software or other materials supplied in connection with the Service) shall be for TMG to use commercially reasonable efforts to effectuate an adjustment or repair of the Service and, in the event such downtime exceeds twenty-four consecutive hours, to receive a pro-rata refund or credit of or against any charges otherwise payable for the Service for the period of Service downtime. 
22. Dispute Resolution.  IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU MAY HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY. 
22.1 Binding Arbitration. The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. You have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of, or related to, this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. 
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND TMG BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT
22.2. Arbitration Information and Filing Procedures. Before you take a dispute to arbitration or to small claims court, you must first contact our customer account representatives at the customer service number on your TMG bill for the Services, or write to us at one of the following addresses, and give us an opportunity to resolve the dispute.
Treasures Marketing Group, Inc.
970 Stoneridge Ave.
Ashland, OR 97520
            
Similarly, before TMG takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or TMG is notified by the other of a dispute, then either party may then contact the AAA in writing at 
AAA Service Center,
34555 Noel Road, Suite 1750, 
Dallas, Texas 75240-6620 
and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at http://www.adr.org/. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying TMG within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations. 
22.3 Fees and Expenses of Arbitration. The filing party shall be solely responsible for all their arbitration costs. 
23. Grant of License.  Our Site may have "publicly accessible areas" such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post information that will be accessible by the public or the user population generally. With respect to all content you elect to post to such publicly accessible areas of our Site, while you retain any and all rights that may exist in such content, you grant TMG the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Site to access, display, view, store and reproduce content that you have placed in publicly accessible areas of our Site. Any content you post to publicly accessible areas is not subject to our Privacy Policy. Except for any personal, individually identifying information which we agree to keep confidential as provided in our Privacy Policy, any feedback, data, answers, questions, comments, suggestions, ideas or the like that you send to us will be treated as being non-confidential and nonproprietary, and not subject to our Privacy Policy. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
24. Dealings with Advertisers and Service Providers; Links. Our Site may provide links to or information about other Web sites or resources. Your correspondence or business dealings with, or participation in promotions of, advertisers or service providers found on or through our Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that TMG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of information about or links to such advertisers or service providers on our Site. You acknowledge and agree that TMG is not responsible or liable for the availability, accuracy, copyright compliance, legality, decency, or any other aspect of the content, advertising, products, services or other materials on or available from such sites or resources. Advertisements found on or through our Site, and references that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information, do not constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. You acknowledge that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing our Site.
25. Non-transferable. Your right to use the Service is not transferable and is subject to any limits established by TMG, and by your credit card company if billing is through a credit card.
26. Governing Law. This Agreement and the Service shall be governed by the laws of the State of Oregon without regard to its conflicts of laws provisions. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
27. Entire Agreement. This Agreement and any modifications published by TMG, constitute the entire and only agreement between you and TMG with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof. Your use of the Service is also governed by TMG's Acceptable Use Policy and Privacy Policy applicable to the Service, which are available online via the Service and which are subject to change by TMG from time to time. 
28. No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
29. Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without prior written consent.
30. Severability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
31. Notice. Unless otherwise specified in this Agreement, notices to you may be made via either e-mail or regular mail.