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Taggle Terms of Service
    PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY TAGGLE, INC. ("TAGGLE").  THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY TAGGLE, INCLUDING, WITHOUT LIMITATION, THE [WWW.TAGGLE.COM] WEBSITE AND DOMAIN NAME ("TAGGLE," THE "TAGGLE COMMUNITY," OR THE "SITE"), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE").  [BY CLICKING ON THE "I ACCEPT" BUTTON BELOW OR] [NOTE TO TAGGLE: I WOULD RECOMMEND HAVING THE USERS CLICK "ACCEPT" BEFORE USING THE SITE IF POSSIBLE TO INCREASE THE LIKELIHOOD OF THESE TERMS BEING ENFORCEABLE AGAINST THE USER.] USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.  THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.
Acceptance of Terms.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Sites by Taggle.  In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Taggle from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.  
We reserve the right, in our sole discretion, to revoke or suspend your membership in the Taggle Community, at any time without notification or liability to you or any other person, and for any reason or for no reason at all.  While we retain the right to revoke or suspend your membership, Taggle shall have no responsibility to exercise it or to moderate disputes between members.
Age Requirements. [NOTE TO TAGGLE:  WILL THE SERVICE BE PROVIDED TO INDIVIDUALS UNDER THE AGE OF 18?]
The Service is available only to individuals who are at least 13 years old.  You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful.  Taggle may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.  This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.  

It is Taggle's policy that the Taggle Site is not to be used by children under the age of 13, and we have intentionally designed the Site to not be attractive to children. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. If you are a parent or legal guardian of a child and want your child to have access to the Site, please contact Taggle Member Services at [INSERT EMAIL ADDRESS].  Your express advance legal consent will be required to establish a Taggle membership for any child under 13.
Modification of Terms of Use.
Taggle reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email.  Taggle may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.  It is your responsibility to check the Terms of Use periodically for changes.  Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy and Privacy Settings.
Taggle's privacy statement is located at [INSERT URL] (the "Privacy Policy") and is incorporated into these Terms of Use.  For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact [INSERT EMAIL ADDRESS].
Through the Service, you can upload, submit, disclose, distribute or otherwise post content and information to the Service, including without limitation data, text, personal or medical information, articles, comments and other types of information ("User Submissions"). Through the privacy settings in your account, you are responsible for restricting who can view the User Submissions that you contribute to the Taggle Community. Please remember that if you choose to provide personal or medical information on Taggle Community message boards, or in Taggle Community or other on-line discussions, access to that information is governed by the privacy rules of that specific Taggle group or part of the website, and others reading it may use or disclose it to other individuals or entities without your knowledge. Therefore, we urge you to think carefully about including any medical or other personal information about you or your family in postings.

[Once you enter the Taggle Community, you will have the option to alter your privacy settings.  IT IS VERY IMPORTANT that you know your privacy settings, because they determine who can see the User Submissions you contribute to the Taggle Community. Nothing you contribute will be accessible through the Taggle Community to people or institutions outside of the Taggle Community unless you explicitly choose to allow it. You will find that you have great control over the people to whom you make your User Submissions accessible. Please make sure to review and exercise this control as needed.][Taggle – Will the site provide users with the ability to alter privacy settings?]
Rules and Conduct.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use, and your use of Taggle must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software.  The Service and all Content (as defined below) contained therein (including, without limitation, any Content or User Submissions (both as defined below)) are provided only for your own personal, non-commercial use.  This means you cannot take Content that you did not create from the Taggle Community and repost or redistribute that Content anywhere else. You may not use the Taggle Community to sell a product or service, or to increase traffic to your own web site for commercial reasons, including, but not limited to, directing users to advertisements on your site. [If you want to make commercial use of the Site or Service you must enter into a written agreement with Taggle to do so in advance, and abide by our commercial use policy.  Please contact us at _________ for more information.] [Note to Taggle:  Let's discuss how best to handle commercial use and whether we even want to mention it here?] 

Because we respect the privacy and well being of all our users, we cannot tolerate users who misrepresent themselves or circulate false information.  We ask you to be a thoughtful member of our community and report suspected misrepresentation. Once individuals guilty of harmful misrepresentation are brought to our attention, we reserve the right to terminate their accounts and delete their member profiles and User Submissions.  However, we may retain any information they have submitted, including their member profile, for our records.
You are responsible for all of your activity in connection with the Service.  For purposes of the Terms of Use, the term "Content" includes, without limitation, any videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Taggle or its partners on or through the Service, and any User Submissions posted by you or by other members. 

While there may be very emotional moments in the Taggle Community, it is your responsibility to behave in a considerate and responsible manner towards other members.  In addition, you may not use the Service for any illegal or unauthorized purpose. 

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
•	infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
•	is unlawful, threatening, harmful, vulgar, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or racially, ethnically or otherwise objectionable;
•	harms minors or any member of the Taggle Community in any way;
•	constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
•	forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the service;
•	involves uploading, posting, emailing, transmitting or otherwise making available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information, or anything learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
•	involves uploading, posting, emailing, transmitting or otherwise making available any Content that advocates the violation of any local, state, federal, or international law;
•	attempts to reformat, redesign, alter, or prevent the display of information or advertising, or attempts to otherwise change the appearance of the Site, including, but not limited to, the general appearance of journal and discussion board content or tools, banner advertisements;
•	involves creating user accounts or adding "friends" by automated means or under false or fraudulent pretenses;
•	involves submitting materials owned by or concerning a third party without that party's consent, or redirecting to those materials without consent, or infringing upon any and all rights held by such third party over any such materials;
•	involves commercial activities and/or sales without Taggle's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
•	contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Taggle or any third party; or
•	either (1) impersonates any person or entity, including an employee or representative of Taggle, an official, forum leader, medical professional, guide, or host, or falsely states or (2) otherwise misrepresents your affiliation with any person.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Taggle in its sole discretion) an unreasonable or disproportionately large load on Taggle's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any privacy settings or measures Taggle may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.  

You shall not (directly or indirectly): (x) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (y) modify, translate, or otherwise create derivative works of any part of the Service, or (z) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Taggle does not guarantee that any Content or User Submission (as defined below) will be made available on the Site or through the Service.  We reserve the right in our sole discretion to refuse to post or to delete any Content, including without limitation any User Submissions, from the Taggle Community without notification or recourse, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Taggle is concerned that you may have violated these Terms of Use), or for no reason at all.  Furthermore, we retain the right to maintain back-up copies of any materials that we delete from the Taggle Community.

You are also responsible for the truthfulness and accuracy of your Taggle profile. You may not intentionally misrepresent yourself in your profile. Misrepresentation and other acts that Taggle determines, in its sole discretion, are intended to deceive or prey upon other members are grounds for expulsion from the Taggle Community and may lead, at Taggle's sole discretion, to the involvement of the appropriate law enforcement agency or department.
Registration.  [Taggle – Will users register in the manner described below?]
As a condition to using certain aspects of the Service, you will be required to register with Taggle and select a password and screen name ("Taggle User ID"). You shall provide Taggle with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Taggle account.  You shall not (a) select or use as a Taggle User ID a name of another person with the intent to impersonate that person; (b) use as a Taggle User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a Taggle User ID a name that is otherwise offensive, vulgar or obscene. Taggle reserves the right to refuse registration of, or cancel a Taggle User ID in its sole discretion.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Taggle password.  You shall never use another user's account without such other user's express permission.  You will immediately notify Taggle in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Fees and Payment.
Taggle reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. Taggle reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Third Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites.  When you access third party websites, you do so at your own risk.  Taggle is not responsible for and does not endorse any such third-party content or services. These other websites are not under Taggle's control, and you acknowledge that Taggle is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by Taggle or any association with its operators, or any third-party service providers, products, services, opinions, or web sites accessed through the Service.  You further acknowledge and agree that Taggle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Taggle Site Content.

You agree that the Service contains Content specifically provided by Taggle or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  You agree that you have no license or right to use Taggle's and/or its licensors' trademarks, copyrights, patents, trade secrets, Content and other intellectual property rights (collectively, "Intellectual Property"), except while logged in as an authorized member of the Site, and then only in connection with your use of the Site to the extent authorized by these Terms of Use.  The Intellectual Property may not be used in connection with any product, service, publication or web site of you or any third party without our express written permission, or in any manner that disparages or discredits Taggle. 
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service.  You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right. 
You may, to the extent the Sites expressly authorized you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content.  You shall not store any significant portion of any Content in any form.  Taggle grants you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Site and/or Services and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.  Use, reproduction, modification, distribution, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Taggle, or from the copyright holder identified in such Content's copyright notice.  
If you violate any of these provisions regarding the Intellectual Property, your permission to use the Intellectual Property automatically terminates and you must immediately destroy any copies you have made of any portion of the Intellectual Property. You agree that because of the unique nature of the Taggle Community and its Content, and the proprietary rights of Taggle, your breach of these provisions would irreparably harm Taggle or its licensors and that monetary damages would be inadequate compensation. You further agree that in the event of any actual or threatened breach of this section, Taggle shall be entitled to preliminary and permanent injunctive relief, in addition to damages, and you hereby waive any objection in such case to an adequate remedy at law.

User Submissions.
By posting, submitting, displaying, publishing or otherwise making available any User Submissions on or at any of the Sites or otherwise through the Service, you:
•	hereby do and shall grant Taggle a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit ("Use") the User Submissions in connection with the Sites, the Service and Taggle's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to Taggle does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
•	represent and warrant (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Taggle (including without limitation, publishing any Content on the Taggle Community) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity and (b) that you are authorized to grant all of the aforementioned rights to the User Submissions to Taggle and all users of the Service; 
•	agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and
•	understand that Taggle shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Taggle will not be liable for any errors or omissions in any content; and that Taggle cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. 
Taggle does not endorse and has no control over any User Submission.  Taggle cannot guarantee the authenticity of any data which users may provide about themselves.  You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. 
Taggle has no obligation to monitor the Site, Service, Content, or User Submissions.  Taggle may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will Taggle be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.  
Termination.
Taggle may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.  If you wish to terminate your account, you may do so by following the instructions on the Sites.  Any fees paid hereunder are non-refundable.  All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

General Disclaimer.
Taggle makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content accessed through the Site.  By using the Service, you agree that Taggle does not endorse and shall not be liable for (a) any Content, (b) any person's reliance on any such Content, whether or not correct, current and complete, or (c) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.    
Warranty Disclaimer.
Taggle has no special relationship with or fiduciary duty to you. You acknowledge that Taggle has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you accesses via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Taggle from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find harmful, inaccurate, deceptive, offensive or inappropriate, including material that some may consider overly graphic, sexually explicit or otherwise offensive. Taggle makes no representations concerning any content contained in or accessed through the Sites, and Taggle will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  TAGGLE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.  YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.  
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): TAGGLE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.  Taggle will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other Content stored on Taggle's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. 
Indemnification.
You shall  defend, indemnify, and hold harmless Taggle, its affiliates and each of its, and its affiliates  employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Sites, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.  Taggle reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Taggle in asserting any available defenses.
Limitation of Liability.
IN NO EVENT SHALL TAGGLE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00).  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.  
International/Non-Massachusetts Use.
Taggle makes no representation that the Content is appropriate or available for use in locations outside the Commonwealth of Massachusetts, USA and accessing the Service is prohibited from territories where such Content is illegal.  If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.  Members from outside the United States agree to comply with local rules and regulations regarding online conduct and acceptable content, including laws regulating the export of data from the United States to your country of residence.   
Dispute Resolution.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the 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.  You and Taggle agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, and the United States of America.  Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Boston, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.  Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Suffolk County, Massachusetts.  Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Force Majeure.

While we will make every effort to keep the site accessible, you agree not to hold us liable for any downtime or inaccuracy that may occur. We have many systems in place to ensure that Taggle is always at your disposal, but we cannot guarantee that it will always be accessible, timely or accurate. You agree that under no circumstances will Taggle be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, but not limited to: Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, terrorism, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, hacks or denial of service attacks, or loss of or fluctuations in heat, light or air conditioning.
Integration and Severability.
The Terms of Use are the entire agreement between you and Taggle with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Taggle with respect to the Sites.  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 
Miscellaneous.
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communication failure or degradation (including "line noise" interference).  The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Taggle's prior written consent.  Taggle may assign, transfer or delegate any of its rights and obligations hereunder without consent.  No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.  In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees.  All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, the Terms of Use and all Content provided by Taggle are copyright © 2008 Taggle, Inc.  All rights reserved.
[LIST ALL TRADEMARKS] are either trademarks or registered trademarks of Taggle.  The names of actual companies and products mentioned at the Sites may be the trademarks of their respective owners.
Digital Millennium Copyright Act Notice.
Taggle has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf).  The address of Taggle's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Taggle's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.  
A.	Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Taggle web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1.  A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2.  Identification of works or materials being infringed;
3.  Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Taggle is capable of finding and verifying its existence;
4.  Contact information about the notifier including address, telephone number and, if available, e-mail address;
5.  A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and 
6.  A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. 
B.	Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Taggle's policy:
1.  to remove or disable access to the infringing Content;
2.  to notify the Content provider, member or user that it has removed or disabled access to the Content; and
3.   that repeat offenders will have the infringing Content removed from the system and that Taggle will terminate such content provider's, member's or user's access to the service.
C.	Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1.  A physical or electronic signature of the Content provider, member or user;
2.  Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3.  A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4.  Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Taggle is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Taggle's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Taggle's discretion.
Please contact Taggle's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:  [LIST DESIGNATED AGENT: Name, Full Address, Telephone Number, Facsimile Number, Email Address.  [THIS INFORMATION ALSO NEEDS TO BE FILED WITH THE U.S. COPYRIGHT OFFICE – LET'S DISCUSS.]]
Contact.
Thank you for your cooperation. We hope you find the Taggle Site informative, useful and easy to use. If you have any comments or questions regarding the Taggle Community, or you want to report a malfunction or problem, please use our Contact Us Form or send us snail mail to our postal address of Taggle, Inc., [INSERT PHYSICAL MAILING ADDRESS.], Attn: Member Care. We will try our best to respond to you quickly, but cannot always do so due to the volume of requests.

Effective Date: [INSERT DATE THESE TERMS ARE POSTED ON THE SITE], 2008
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