Introduction 

These Terms of Use (“TOS”) apply to your access and use of TBN’s products, services, websites, and apps that you purchase or sign up for on which are branded as “TBN”, “The Bus Network”, or “Transportation Business Network” (collectively the “Service(s)”). 

Additional service-specific terms apply to some Services (“Service-Specific Terms”). Certain country-specific terms may also apply to you if you are located outside the United States (“Country-Specific Terms”). We refer to the Service-Specific Terms and Country-Specific Terms collectively as “Additional Terms” and the combination of these TOS and any applicable Additional Terms collectively as these “Terms.”  

You agree to these Terms by clicking to accept these Terms, executing a document that references them, or using the Services. 

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization. 

Fees and Payments

1.1 Fees for Services. 

You agree to pay to TBN any fees for each Service you purchase or use (including appropriate per-seat license fees and any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify TBN of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. 

1.2 Subscriptions. 

Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. YOU MAY CANCEL AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING. 

1.3 Taxes. 

Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying taxes associated with your purchase and keeping your billing information up to date. 

(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, maybe the highest prevailing rate then in effect), unless you timely provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority. 

To be timely, you must provide us with a tax exemption certificate before your initial purchase or upgrade, or, if you miss that mark, within 90 days after such purchase or upgrade, unless your billing information is in Alabama, Louisiana, Maine, Massachusetts, Pennsylvania, or South Carolina in which case within 60 days; or if in Hawaii, Mississippi, or New Mexico within 45 days. 

If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate. 

If we have collected sales tax from you and subsequently determine in our sole discretion that your tax exemption certificate is valid, we will refund the sales tax collected based on applicable state tax laws. 

(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST or any other sales, consumption or use taxes that arise in connection with your purchases of TBN Services unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate. 

If you are required by law to withhold any Taxes from your payments to TBN, you must provide TBN with an official tax receipt or other appropriate documentation to support such payments. 

1.4 Price Changes. 

TBN may change the fees charged to you for the Services at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. TBN will provide you with advance notice of any change in fees. 

1.5 Overage Fees. 

Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service subject to applicable law.

Privacy

2.1 Privacy. 

In the course of using the Services, you may submit content to TBN(including your company data, personal data, and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. TBN’s Privacy Notice, together with any Service-specific privacy notices or statements (collectively, “TBN’s privacy notices”), detail how we treat your Content and we agree to adhere to those TBN privacy notices. You in turn agree that TBN may use and share your Content in accordance with the TBN privacy notices and applicable data protection laws. You also agree that you are responsible for notifying these third parties about the TBN privacy notices.  

2.2 Confidentiality. 

TBN will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the TBN privacy notices). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through a breach of these Terms by TBN); (b) was lawfully known to TBN before receiving it from you; (c) is received by TBN from a third party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being identified by you as a business owned account or if your account is registered using a work email address within that organization; or (e) was independently developed by TBN without reference to your Content. TBN may disclose your content when required by law or legal process, but only after TBN, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose. 

2.3 Security. 

TBN will store and process your Content in a manner consistent with industry security standards. TBN has implemented appropriate technical, organizational, and administrative systems, policies, and procedures. 

If TBN becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), TBN will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident impacting your account. TBN will also reasonably cooperate with you with respect to any investigations relating to a Security Incident, any required notices, and providing information reasonably requested by you and available to us in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by TBN.

Your Content

3.1 You Retain Ownership of Your Content.    You retain ownership of all of your intellectual property rights in your Content. TBN does not claim ownership over any of your Content. You agree to allow TBN to use your content in a limited way as outlined in 3.2.    3.2 Limited License to Your Content.    You grant TBN a worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, For the following purposes-providing and improving the Services, identifying industry trends and conditions, the development of AI (artificial intelligence) and ML (machine learning) aggregated data interpretation, and as permitted by the TBN privacy notices. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of TBN’s business (subject to our retention policies). This license also extends to any trusted third parties we work with to the extent necessary to provide and improve the Services offered, or integrated with, by TBN.  

3.3 Representations and Warranties.

You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that are in breach of our Acceptable Uses Policy. 

3.4 Responsibility for Your Content. 

The Services may display content not owned by TBN but by others.  The entity that makes such content available is responsible for it.  You are responsible for your Content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services.  TBN is not responsible for any actions you take with respect to your Content, including sharing it publicly. Subject to applicable law, TBN is not liable for your Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials.  

You acknowledge that to ensure compliance with legal obligations, TBN may be required to review certain of your Content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display your Content that we believe violates the law or these Terms. In the event your Content includes third-party brands, logos or other source identifiers, we may require you to submit a statement of non-affiliation before you may use such Content in connection with the Services. However, TBN otherwise has no obligation to monitor or review any content submitted to the Services.

IP Claims

4.1 DMCA Notices or Equivalents. 

TBN responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA) or equivalent applicable laws and regulations. If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify us of claims of copyright infringement. 

4.2 Other IP Claims. 

If you believe a TBN user is infringing upon your intellectual property rights, you may report it to TBN. Claims of copyright infringement should follow the process outlined in these Terms, or any equivalent process available under local law. 

5. TBN IP

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by our Brand and Trademark Use Policy, these Terms do not grant you any right to use TBN’s trademarks or other brand elements. 

If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you. 

6. Third-Party Resources

TBN may publish links in its Services to internet websites maintained by third parties. TBN does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.

Account Management

7.1 Keep Your Password Secure. 

If you have been issued an account by TBN in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not TBN, are responsible for any activity occurring in your account (other than activity that TBN is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify TBN immediately. Accounts may not be shared and may only be used by one individual per account license. 

7.2 Keep Your Email and Account Details Accurate. 

TBN occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. 

7.4 Account Inactivity. 

TBN may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, where appropriate, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

User Requirements

8.1 Legal Status. 

If you are an individual, you may only use the Services if you have the power to form a contract with TBN. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms. 

8.2 Minors. 

“Minors” are individuals under the age of 13 (or under a higher age as provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor. 

8.3 Embargoes. 

You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by the United States or other applicable law from receiving the Services or you are on the U.S. Department of Commerce’s Denied Persons List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from TBN. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States, and (b) you do not provide access to the Services to persons or entities on any of the above lists.

Acceptable Uses Policy

You agree to comply with the Acceptable Uses Policy. 

PCI Compliance

10.1 PCI Standards. 

If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). TBN provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services. 

10.2 Cardholder Data. 

TBN is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. “Cardholder Data” is defined as a cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. TBN has developed strict security features to protect Cardholder Data, and as such this data may only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where TBN explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.

Suspension and Termination of Services

11.1 By You. 

You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through the use of the services. Terminations are confirmed immediately, and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, collected responses, and/or downloaded your responses unless the termination is due to our material, uncured breach, or a refund is required by law. 

11.2 By TBN. 

(a) For Convenience. TBN may terminate your Subscription effective at the end of a billing cycle by providing at least 30 days prior written notice to you without refund for any prior period. Additionally, TBN may terminate your Subscription at any time during the billing cycle by providing at least 90 days written notice to you and will provide a pro-rata refund for any period of time you did not use in that billing cycle.  

(b) For Cause. TBN may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after TBN has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, TBN may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time-sensitive situations where TBN may decide that we need to take immediate action without notice. TBN will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. TBN has no obligation to retain your Content upon termination of the applicable Service.

Changes and Updates

12.1 Changes to Terms. 

TBN may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to services, and to account for new Services or functionality. The most current version will always be posted on the TBN website. If an amendment is material, as determined in TBN’s sole discretion, TBN will notify you by email. Notice of amendments may also be posted upon your login to your account. Except as otherwise specified by us, changes will be effective no sooner than the day they are publicly posted. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because (unless otherwise stated in law) by continuing to use the Services you indicate your agreement to be bound by the updated terms. 

12.2 Changes to Services. 

TBN constantly changes and improves the Services. TBN may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. TBN may also limit, suspend, or discontinue a Service provided to you at its discretion. If TBN discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. TBN may remove content from the Services it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances. 

12.3 Downgrades. 

Downgrading your account plan may cause the loss of Content, features, functionality, or capacity of your account.

Disclaimers, Limitations of Liability and Indemnification

13.1 Disclaimers. 

While it is in TBN’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND TBN DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES. 

13.2 Exclusion of Certain Liability. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, TBN(INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF TBN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

13.3 Limitation of Liability. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF TBN(INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO TBN FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US $2000.00. 

IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS (SECTION 13.2) AND/OR LIMITATIONS (SECTION 13.3) ARE NOT PERMITTED BY LAW, WE ARE RESPONSIBLE TO YOU ONLY FOR YOUR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE ALL REASONABLE SKILL AND CARE OR THAT DIRECTLY RESULT FROM A MATERIAL BREACH OF THESE TERMS. 

13.4 Consumers. 

While our Services are most often used for business, we acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer using our Services for non-business reasons, nothing in these Terms limits any of those consumer rights. 

13.5 Indemnification. 

You will defend TBN and its Affiliates against any claim, demand, suit or proceeding made or brought against TBN by a third party (a) alleging that the combination of a Non-TBN Application or configuration provided by Customer and used with the Services, infringes or misappropriates such third party’s intellectual property rights, or (b) arising from (i) Customer’s use of the Services or Content in an unlawful manner or in violation of the Agreement, the Documentation, or Order Form, (ii) any Customer Data or Customer’s use of Customer Data with the Services, or (iii) a Non-TBN Application provided by Customer (each a “Claim Against TBN”), and will indemnify TBN from any damages, attorney fees and costs finally awarded against TBN as a result of, or for any amounts paid by TBN under a settlement approved by Customer in writing of, a Claim Against TBN, provided TBN (a) promptly gives Customer written notice of the Claim Against TBN, (b) gives Customer sole control of the defense and settlement of the Claim Against TBN (except that Customer may not settle any Claim Against TBN unless it unconditionally releases TBN of all liability), and (c) gives Customer all reasonable assistance, at Customer’s expense. The above defense and indemnification obligations do not apply if a Claim Against TBN arises from TBN’s breach of this Agreement, the Documentation or applicable Order Forms.  

Contracting Entity

14.1 Who you are contracting with. 

Unless otherwise noted, the Services are provided by, and you are contracting with, THE BUS NETWORK, LLC.. 

14.2 THE BUS NETWORK, LLC. 

For any Service provided by TBN, the following provisions will apply to any terms governing that Service: 

• Contracting Entity. References to “TBN ”, “we”, “us”, and “our” are references to THE BUS NETWORK, LLC., located at 583 South St., New Britain, CT, 06051, USA. 
• Governing Law. Those terms are governed by the laws of the State of Connecticut (without regard to its conflict of laws provisions). 
• Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Connecticut, and the federal courts located in the Northern District of California with respect to the subject matter of those terms. 

Other Terms

15.1 Assignment. 

You may not assign these Terms without TBN’s prior written consent, which may be withheld in TBN’s sole discretion. TBN may assign these Terms at any time without notice to you. 

15.2 Customer Lists. 

TBN may identify you by name and logo as a customer of the Services on our websites and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit. 

15.3 Entire Agreement. 

These Terms (including the Additional Terms) constitute the entire agreement between you and TBN, and they supersede any other prior or contemporaneous agreements, terms, and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void. 

15.4 Independent Contractors. 

The relationship between you and TBN is that of independent contractors, and not legal partners, employees, or agents of each other. 

15.5 Interpretation. 

The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included. 

15.6 Language. 

These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law. 

15.7 No Waiver. 

A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later. 

15.8 Precedence. 

To the extent any conflict exists, the Additional Terms prevail over these TOS  with respect to the Services to which the Additional Terms apply. 

15.9 Severability. 

If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect. 

15.10 Third-Party Beneficiaries. 

There are no third-party beneficiaries to these Terms. 

15.11 Survival. 

The following sections will survive the termination of this TOS : Introduction, 1, 2, 3.2, 11, 13, 14, 15, 16, 17, and 18. 

Acceptable Uses Policy 

Legal Compliance 

You must use the Services in compliance with, and only as permitted by, applicable law. The use of our Services in conjunction with other tools or resources in furtherance of any of the unacceptable uses described herein is also prohibited. In the event of any violation of this Acceptable Uses Policy, TBN may, in its sole discretion, do one or more of the following:  

• suspend (temporarily or permanently) or terminate your use of the Services;  
• block your access to the Services; 

• remove or delete content from your account(s); or 
• communicate such violation to impacted third parties and/or law enforcement authorities (where appropriate and subject to applicable law).  

Your Responsibilities 

You are responsible for your Content, Customer Data, conduct, and communications with others while using the Services. You must comply with the following requirements when using the Services. If we become aware of Content or Customer Data that falls outside the bounds of what is acceptable under this policy, we may remove it and report it. We also take steps to prevent uses of our Services that are contrary to the spirit of this policy. 

(a) You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, financial damage, or personal injury. 

(b) You may not provide any individual under the age of 13 (or under a higher age as provided in certain countries or territories) with access to the Services. 

(c) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes. 

(d) You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide. 

(e) You may not circumvent or attempt to circumvent any limitations that TBN imposes on your use of our Services or your account(s) (such as by opening up a new account to replace an account that we have closed for a violation of our terms or policies). 

(f) Unless authorized by TBN in writing, you may not probe, scan, or test the vulnerability or security of the Services or any TBN system or network. 

(g) Unless authorized by TBN in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available. 

(h) You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law. 

(i) You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services. 

(j) You may not use the Services to infringe the intellectual property rights of others. 

(k) Unless authorized by TBN in writing, you may not resell or lease the Services. 

(l) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless TBN has agreed with you in writing otherwise. You may not use the Services in a way that would subject TBN to those industry-specific regulations without obtaining TBN’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with TBN that permits you to do so. 

(m) We may offer content like images or videos that are provided by third parties. You may use that material solely in your Content or Customer Data. TBN may modify or revoke that permission at any time in our sole discretion. In using such material, you may not imply that your Content, Customer Data, or use of the Services are affiliated with or run or endorsed by any company, product, brand or service depicted in that material unless you have obtained their permission. 

(n) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns of reasonable users similar to you, including any usage that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. TBN will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to TBN which no longer causes such adverse effects. 

(o) You must use a valid email address to register an account. You may not register accounts using a disposable, “hide-my-email”, or temporary email address, “bots,” or other unauthorized automated methods. 

(p) You may not host or transmit content that is or contains false, inaccurate, or intentionally deceptive information that is likely to cause harm to the public or adversely affect the public interest (including health, safety, or financial damage).  

(q) If TBN determines, in its sole discretion, that your usage of the Services causes damage to our brand or reputation, or results in an excessive volume of complaints, TBN, has the right to suspend or terminate your use of our websites and the Services.  

Privacy and Impersonation 

Users provide responses and information with the expectation that their information will be handled respectfully and not abused. Accordingly, you are responsible for complying with all applicable data protection laws and regulations with respect to any data that you submit to or collect through our Services. 

• We encourage you to disclose your privacy practices when you use the Services and, if you do, we require you to act in accordance with those practices. 
• You may not claim that a survey/form/application/questionnaire or other use of our Services is anonymous when it is not. 

• You may not impersonate others when using the Services or collecting information. 

Email and Text Message Requirements 

TBN has a zero-tolerance spam policy. This means the following: 

• Emails or text messages you send via the Services must be for the sole purpose of conducting the business the user intended (excluding certain automated messages such as “thank you” emails, as applicable). 
• Emails you send via the Services must have a valid reply-to email address owned or managed by you. You may not use a “no-reply” address as the sender's email address. 

• Text messages you send via the Services should include your company name. 
• You can only use the Services to send emails and text messages to people that have opted in to, or otherwise validly consented to, receiving communications from you, the sender through that medium. If you don’t have proof that each recipient opted in for your emails or text messages (as applicable), don’t import them into any lists in the Services.  
• You must not send unsolicited emails to newsgroups, message boards, distribution lists, or email addresses. 
• You must not utilize the Services to send any email or text messages in a way not permitted by or compliant with applicable law, carrier compliance requirements or industry standards, or to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. 
• You must not use the Services to send emails with deceptive subject lines or false or misleading header information. 

• Email messages sent in connection with our Services must contain an “unsubscribe” link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission and update your email lists and address books to reflect the unsubscribe requests. 
• You are responsible for ensuring that the email messages you send in connection with your account do not generate a number of spam complaints or bounce rates in excess of industry standards. If TBN determines that your level of spam complaints or bounce rate is higher than industry standards, TBN, at its sole discretion, has the right to suspend or terminate your use of our Services and websites. If you receive low response rates, high abuse rates or high bounce rates, or we receive complaints associated with your use of our Services, we may request additional information regarding your mailings to investigate and attempt to resolve the problem, or in some cases, we may suspend or remove your email privileges. 
• Text message invitations you send via our Services must have a valid reply “Stop”. 
• You may not use TBN’s text messaging services to access or allow access to emergency services. 

If we believe you are violating any of these prohibitions, we may suspend (temporarily or permanently) or terminate your account(s).  

Violence and Hate Speech 

We remove Content or Customer Data and may report information related to that Content or Customer Data to law enforcement authorities if we become aware of, or believe that, a genuine risk of harm or threat to public safety exists. 

• Our Services may not be used to directly or indirectly threaten or attack others, or to organize or incite violence, harassment, terrorism, or property damage. 
• Our Services may not be used for hate speech, or to promote or fund such acts. Examples of hate speech include attacking or advocating for the abuse or exclusion of people based on their ethnicity, national origin, political or religious affiliations, gender, age, sexual orientation, genetic predisposition, disability, medical or physical condition, veteran status, or any other protected classes under applicable law. 
• Our Services may not be used to promote, incite, or glorify self-harm or acts of terrorism. 

Bullying, Harassment, and Criminal Activity 

You may not use our Services to bully or harass others, in furtherance of any criminal activity, or in violation of any applicable law. 

Pornography and Offensive Graphic Material 

We strictly prohibit the use of Pornography, offensive or graphic material in any TBN product or service. 

• You may not include gratuitous graphic violent material or pornography in connection with the use of our Services. 

• We strictly prohibit and report to law enforcement any display of sexual or pornographic content (including in cartoon form) involving minors. 

Intellectual Property Infringement 

Please respect the intellectual property rights of others. You must have the appropriate rights to use any Content or Customer Data. It is your responsibility to determine what rights you need, to obtain and maintain those rights, and to understand how you are permitted to exercise those rights. You may include Content, including any third-party logos, brands and other indicia of source, (a) to the extent permitted as a fair use or otherwise under applicable law, and (b) so long as the use does not (i) cause confusion as to the origin or sponsorship of a good or service, (ii) imply sponsorship or endorsement by the trademark owner where none exists, or (iii) inaccurately describe a product or service. We recommend that you seek independent legal counsel if you have questions about your use of content or intellectual property owned by a third party.