Tantrum Street

Terms of Use

Effective as of 11/13/2013

1. General

Tantrum Street LLC - Effective as of 2/21/2016

This Terms-of-Use document (the "User Agreement") is applicable to all business and consumer users ("you" or "your") of the Tantrum Street LLC ("Tantrum Street" or the "Company") websites and/or mobile payment applications, including Cartwheel Register and Skip Wallet (collectively, the "Services"). Your use of the Services is subject to and governed by this User Agreement, which constitutes a binding legal agreement between you and Tantrum Street.

Please read carefully the following User Agreement. By registering for, accessing, browsing, downloading or using the Services, you acknowledge that you have read, understood, and agree to be bound by the following User Agreement, including any additional guidelines and future modifications. In order to use the Services, you must first agree to the terms in this User Agreement. You may not use any Services if you have not have not first accepted and agreed to the User Agreement. If at any time you do not agree to this User Agreement, you must immediately terminate your use of the Services.

Binding Legal Agreement: Tantrum Street's provision of Services to you is expressly subject to your acceptance of this User Agreement, which constitutes a binding legal agreement between you and Tantrum Street. Please read these this User Agreement carefully before using the Services or accessing any Services. By accessing or using the Services, you agree to be legally bound by these Terms and all obligations applicable to you stated under the Terms. If you do not agree with the Terms in their entirety, you may not use the Services. It is your responsibility to review and understand all terms and conditions set forth in this User Agreement and to use the Services in accordance with the User Agreement, any other agreements with Tantrum Street and/or its business partners that you may enter into with respect to the Services ("Other Agreements") and applicable law.

If you have any questions about this User Agreement or the Services, please contact Tantrum Street at support@tantrumstreet.com, 214-989-3370 or:

Tantrum Street LLC Attn: Operations 2929 Canton
 Dallas, TX 75226

Changes to the Terms: Tantrum Street reserves the right to change or modify any of the terms and conditions contained in this User Agreement at any time and in its sole discretion. If Tantrum Street does so, it will post an update notice on its website and in any software used to access the Services. If the changes are significant, Tantrum Street also will notify you at the last email address you provided to it. Unless otherwise specified, any changes or modifications to the User Agreement will be effective immediately upon posting the update notice, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should review the current version of the User Agreement and any Other Agreements from time to time so that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any of the amended terms-of-use, you must stop using the Services. If you do not agree with the changes, you are free to cancel your account without further obligation.

Identifying and Background Information: When you register to use any of the Services, Tantrum Street will ask for identifying information, which may include your name, address, date of birth and other identifying information, and for merchants, certain background information about the business and its principals. Among other circumstances, Tantrum Street may not allow you to use the Services if Tantrum Street cannot verify your identity or eligibility to use the Services.

Identifying and Background Information: When you register to use any of the Services, Tantrum Street will ask for identifying information, which may include your name, address, date of birth and other identifying information, and for merchants, certain background information about the business and its principals. Among other circumstances, Tantrum Street may not allow you to use the Services if Tantrum Street cannot verify your identity or eligibility to use the Services.

Consent to Conduct Investigation: By registering for an account, you authorize Tantrum Street and its service providers to make such inquiries as Tantrum Street deems appropriate to verify your identity and your eligibility to use the Services. This may include asking you for additional information, asking you to take steps to verify your control over telephone numbers, email addresses, or financial accounts, obtaining a consumer report from a consumer reporting agency, or consulting other databases or sources for information about you and/or your business.

Other Important Provisions: You may not use Tantrum Street Services if: (i) you are a United States resident and are fewer than 18 years of age; (ii) you otherwise are not eligible to enter into a binding legal contract with Tantrum Street under any applicable law, or (iii) you are legally barred from using the Services under any applicable law.

4. Privacy Notices

By using the Services and entering into this User Agreement, you also acknowledge receipt of Tantrum Street's Online Privacy Statement and the document titled "What Does Tantrum Street LLC Do With Your Personal Information?" (collectively, the "Privacy Notices") The Privacy Notices describe how Tantrum Street collects, uses, protects, and shares the personal information that you provide to Tantrum Street and that the Company may collect from other sources. By using the Services, you agree to Tantrum Street's use of personal information as described in the Privacy Notices.

5. Legal Provisions

By agreeing to this User Agreement, you also agree to (and at all times to access and use the Services in accordance with) the following provisions:

Proprietary and Intellectual Property Rights: You acknowledge that, except as expressly otherwise stated in this User Agreement, Tantrum Street owns all (i) right, title, and interest in, and (ii) patent, trademark, copyright and other intellectual property rights (collectively, "Intellectual Property Rights") inherent in all Services. Tantrum Street, Cartwheel Register and Skip Wallet are trademarks of Tantrum Street under the laws of the United States and other countries. In addition, our Services may feature the names and logos of our partners and affiliates. You expressly agree that you will not acquire any Intellectual Property Rights in: (i) the Tantrum Street logo or other Tantrum Street trademarks, (ii) the name, logo or other trademarks of Tantrum Street, its partners or affiliates, or (iii) content owned or licensed by Tantrum Street, LLC or any third party.

Restrictions on Use and Disclosure: You may not use the trade names, trademarks, servicemarks, logos, domain names or distinctive brand features of Tantrum Street or any advertiser, partner, or affiliate of Tantrum Street, without Tantrum Street's prior written permission. You further acknowledge that if the Services contain information designated as confidential by Tantrum Street, you will not disclose any such confidential information to any affiliated or unaffiliated third party without Tantrum Street's prior written permission.

Services Content: You agree that all content you may access via your use of the Services ("Content") is the responsibility of the person who makes such Content available through the Services. Such Content may be protected by Intellectual Property Rights of advertisers, partners, affiliates, or other third parties. You may not modify, license, sub-license, distribute or create derivative works based on such Content, either in whole or in part, unless you have been specifically authorized to do so in a separate written agreement signed by the Content owner. Tantrum Street reserves the right to remove any Content from the Services which it deems objectionable or potentially infringing.

Responsibility for Your Own Content: You agree that you are solely responsible for, and that Tantrum Street has no responsibility to you or any third party for any: (i) Content you create, transmit, or display while using the Services, and (ii) all consequences, losses, and damages of any kind incurred by any third party (including Tantrum Street) arising from your Content.

License Regarding Your Content: You retain ownership of, and Tantrum Street does not claim ownership rights in, your original Content. However, by submitting, posting, or otherwise displaying your Content by using the Services, you hereby grant to Tantrum Street a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to: reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display in connection with any Service. You agree that this license includes the right for Tantrum Street to make such Content available to other companies, organizations or individuals with whom Tantrum Street has relationships, and to use such Content in connection with the provision of Services. You understand that Tantrum Street, in performing the required technical steps to provide the Services to its users, may (i) transmit or distribute your Content over various public networks and in various media; and (ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media. You hereby authorize Tantrum Street to take these actions.

License from Tantrum Street: Tantrum Street grants you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Services on the following terms and conditions: (i) this license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Tantrum Street, and solely in the manner permitted by this User Agreement and any applicable Other Agreements; and (ii) you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any Content or any Service (or any component thereof), without the prior written permission of Tantrum Street.

Copyright Infringement: If you believe that the Services or any Content infringes your copyright, you must notify Tantrum Street's Designated Agent in a manner that conforms to the Digital Millennium Copyright Act, Section 512(c)(3) and as provided below. If you feel that other Intellectual Property Rights have been or are being violated in connection with the Services, please contact the Company at support@tantrumstreet.com or at:


Tantrum Street LLC
Attn: Designated Agent – Copyright

2929 Canton

Dallas, TX 75226

6. Provision of Services

In general: You acknowledge that the Services are provided to you at the discretion of Tantrum Street. You further acknowledge and accept that: (i) some of the Services offered by Tantrum Street may be provided Tantrum Street's subsidiaries, affiliates, service providers, or business partners; (ii) if Tantrum Street disables access to your Cartwheel or Skip Wallet account, as applicable, you may be prevented from accessing the Services, your account details, or any files, Content, or other information associated with your account; and (iii) you may stop using the Services at any time.

Change in Services: You acknowledge that: (i) the form and nature of the Services which Tantrum Street currently provides may change from time to time without prior notice to you; and (ii) Tantrum Street may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or users generally at Tantrum Street's sole discretion, without prior notice to you.

Software Updates: From time to time, the web browser or other software that you use to access the Services may automatically download and install updates from Tantrum Street, as required to update the Services. These updates are designed to improve, enhance, and further develop the Services, and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive and install such updates (and to permit Tantrum Street to deliver such updates to you) as part of your use of the Services.

Notices: If Tantrum Street wishes to contact you, it may: (i) email you at any email that you provide to the Company in connection with the Services; and/or (ii) make a notice available to you when you log into your account or otherwise use the Services, as appropriate in our sole discretion.

Monitoring: Tantrum Street expressly reserves the right to monitor any and all uses of the Services. However, Tantrum Street is under no obligation to do so, and assumes no responsibility or liability arising from doing so or not doing so.

7. Your Use of the Services - General

Use of Services in Accordance with Applicable Law: You agree to use the Services only for purposes that are permitted by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

Use of Services in Accordance with the Terms: You agree to use the Services only for purposes that are permitted by this User Agreement and any applicable Other Agreement. You agree that you are solely responsible for (and that Tantrum Street has no responsibility to you or to any third party for) any breach of your obligations under this Agreement or any Other Agreement and for the consequences of any such breach (including, but not limited to, any loss or damage which Tantrum Street or any third party may suffer).

Registration and Other Information You Provide to Tantrum Street: If you wish to use the Cartwheel Register or Skip Wallet software, you must register for an account and accept the terms of this User Agreement and, if applicable, any required Other Agreement. In order to access these Services, and in certain circumstances in order to continue using the Services, you may be required to provide information about yourself or, if you are a merchant, your business. You agree that any information you give to Tantrum Street or to any third party in connection with the Services is and always will be accurate, correct, up-to-date, and complete in all respects.

Your Responsibility for Your Account: You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any Cartwheel Register or Skip Wallet account ("Account"). You hereby relieve Tantrum Street and its agents, affiliates, service providers, and business partners from any liability associated with unauthorized access to the Services or any other information you provide to Tantrum Street or any third party in connection with the Services.

Merchants: You are responsible for all activity on your Account, and for all charges incurred by your Account. If you become aware of any unauthorized use of your password or of your account, you agree to contact Tantrum Street immediately at support@tantrumstreet.com or 214-989-3370.

Consumers: Your responsibility for unauthorized transactions is governed by federal law and your card issuer's unauthorized transactions policy.  Tantrum Street is not responsible for unauthorized transactions. You should contact your card issuer if you have questions about your liability for unauthorized transactions. Your best protection against fraud is to keep your Skip Wallet Personal Identification Number (PIN) secure. Note that your Skip Wallet PIN may not the same as the PIN provided by your card issuer. If you discover any unauthorized transactions, or if you suspect that the security of your Skip Wallet or card issuer PIN has been compromised, you must change the compromised PIN(s) and inform both Tantrum Street and your card issuer immediately. 

 

Prohibited Activities: You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Tantrum Street to do so, unless you have been specifically allowed to access the Services in another manner in a separate agreement with Tantrum Street. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Tantrum Street, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

8. If You Use Skip Wallet

Skip Wallet allows you pay for goods and services using a mobile device. At the time of registration, you will be prompted to sign up using your email address and asked whether you want to connect to Facebook or Twitter. You will be required to provide personal information such as your name, email, and a billing address that is accurate and complete. You will also be required to enter your payment card information and choose a unique username (or "payname") and PIN. If you register via email, you also must upload a personal photo to your Skip Wallet account for verification and security purposes. Your use of Skip Wallet is expressly subject to your compliance with all requirements described in this User Agreement.

9. Security

Tantrum Street has implemented a number of industry-standard security measures (including physical, electronic and procedural measures) to help safeguard your confidential information from unauthorized access and disclosure. Among other such measures, Tantrum Street encrypts all payment card numbers and other card data stored in or transmitted by or through the Services. Tantrum Street also uses restrictive firewalls and other security measures to protect stored data. However, no system is 100% secure or reliable, and any system also is subject to the reliability of hosting services, Internet intermediaries, Internet service providers, and other third parties, whose reliability cannot be guaranteed by Tantrum Street. You accept these risks and the responsibility for choosing to use a technology that does not provide perfect security or reliability when you use the Services. You acknowledge that are aware of Tantrum Street's credit card protection procedures and accept them as satisfactory.

A more detailed description of security features and specifications used on this site is available at https://www.tantrumstreet.com/security.

10. Spam, Spyware, and Spoofing

Tantrum Street and its vendors, partners and affiliates do not tolerate the sending of unsolicited commercial e-mail ("Spam"), spyware or spoofing by, on, or through any Service. You may not send commercial e-mails or other commercial messages to any third-party on or through the Services if those messages are not expressly solicited or authorized in writing by the third-party. In order to use the Services, you must comply with all applicable laws, including laws that apply to Spam and/or other marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. You may not use Services to send Spam or other Content or engage in other communications through the Services that would violate this User Agreement or any applicable Other Agreement. The use of any Services in violation of the foregoing violates this User Agreement and may result in, among other things, termination or suspension of your rights to use the Services. Tantrum Street reserves the right to automatically scan and/or manually filter messages distributed on or through the Services to check for Spam, viruses, phishing attacks, and other malicious activity or illegal or prohibited content.

If you wish to report Spam, spoof emails, or other inappropriate communications to Tantrum Street, please contact the Company at support@tantrumstreet.com or 214-989-3370.

The Services may contain links to third-party websites ("Third-Party Sites") and third-party content ("Third-Party Content"). You agree that any use of such links to Third-Party Sites, and any Third-Party Content or third-party service provided on or through the Services will be at your own risk. Except as otherwise expressly provided, Tantrum Street does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. You acknowledge and agree that Tantrum Street is not responsible for the availability of any Third-Party Sites or resources, and that Tantrum Street provides these links only as a convenience. Links to Third-Party Sites or Third-Party Content do not imply Tantrum Street's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Tantrum Street accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Services.

You acknowledge and agree that Tantrum Street is not liable for any loss or damage which may be incurred by you as a result of the availability or non-availability of those Third-Party Sites, Third Party Content, or third-party resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Third-Party Sites, Third Party Content, or third-party resources. Tantrum Street's terms and policies do not apply to any Third Party Sites, Third Party Content, or third party resources. You should review applicable terms and policies, including privacy and data policies, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

12. Advertising and Promotions

Tantrum Street and/or other persons may run advertisements and promotions from third parties in the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Tantrum Street, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Tantrum Street is not 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 distribution of third-party advertisements on or through the Services.

13. EXCLUSION OF WARRANTIES

NOTHING IN THIS USER AGREEMENT SHALL EXCLUDE OR LIMIT TANTRUM STREET'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SUBJECT TO THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(1)YOUR USE OF SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE";

(2) TANTRUM STREET, ITS PARTNERS AND AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED;

(3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TANTRUM STREET OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS;

(4) TANTRUM STREET FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND

(5) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

14. LIMITATION OF LIABILITY

SUBJECT TO THE FIRST PARAGRAPH OF SECTION 13 (EXCLUSION OF WARRANTIES) ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TANTRUM STREET, TOGETHER WITH ITS PARTNERS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU FOR:

(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR

(2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR THROUGH THE SERVICES;

(B) ANY CHANGES WHICH TANTRUM STREET MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(D) YOUR FAILURE TO PROVIDE TANTRUM STREET WITH ACCURATE REGISTRATION DATA OR OTHER INFORMATION; OR

(E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE FOREGOING LIMITATIONS ON TANTRUM STREET'S LIABILITY TO YOU SET FORTH IN THIS SECTION 14 SHALL APPLY WHETHER OR NOT TANTRUM STREET HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

15. Termination and Survival of Terms

Scope of Rights and Your Right of Termination: Once you register for an account or otherwise use the Services, this User Agreement will continue to apply until terminated by either you or Tantrum Street, as set out below. If you wish to terminate your agreement to this User Agreement, you may do so by: (i) notifying Tantrum Street at any time, (ii) closing your accounts for all of the Services which you use, where Tantrum Street has made this option available to you; and (iii) discontinuing your use of the Services. Your notice must be sent in writing to:

Tantrum Street LLC 2929 Canton Dallas, TX 75226

Tantrum Street's Right of Termination: Notwithstanding any provision of this User Agreement, Tantrum Street reserves the right, without notice and in its sole discretion, and without any liability to you, to (i) terminate this User Agreement; and /or (ii) block or prevent your future access to use of all or any portion of the Services if:

(A) you have breached any provision of this User Agreement or any Other Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this User Agreement or any Other Agreement);

(B) Tantrum Street is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

(C) a partner with whom Tantrum Street jointly offered the Services to you has terminated its relationship with Tantrum Street or ceased to offer the Services to you;

(E) the provision of the Services to you is, in Tantrum Street's sole opinion, no longer commercially viable.

Inactive Accounts: If your account is active for one (1) year or longer, Tantrum Street may deactivate your account, but is not required to do so. Deactivated accounts are placed in storage for up to one year and may be reactivated upon request at the Company's discretion.

Posted Content: Upon termination of this User Agreement for any reason, any Content posted in the Services may be retained, deleted, and/or archived by Tantrum Street, at the Company's sole discretion.

Survival of Rights and Obligations: When this User Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Tantrum Street have benefited from, have been subject to (or which have accrued over time while the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall survive and continue to apply with full legal force and effect indefinitely, including without limitation the rights, obligations and liabilities under Section 4 (Legal Provisions), Section 12 (Exclusion of Warranties), Section 13 (Limitation of Liability), this Section 14 (Termination and Survival of Terms) and Section 15 (Other Legal Provisions).

IP Commerce Terms and Conditions

Tantrum Street has partnered with IP Commerce, Inc. ("IP Commerce"), which provides certain data verification and storage services to Tantrum Street. In addition to the other terms and conditions in this User Agreement, you agree to comply with and accept the IP Commerce Inc. ("IP Commerce") terms and conditions set forth below. To the extent that there is any conflict between this Section 16 and any other provision of this User Agreement, this Section 16 shall control.

Automated Application Processing and Other Terms:

By submitted an application through the Services, you (which is inclusive of Applicant and its guarantor(s)) agree that the images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed in the Services, are the property of TANTRUM STREET AND/OR IP COMMERCE and/or their agents and are protected by copyright, trademark and other laws. In addition to rights in individual elements of the Content within the application, TANTRUM STREET AND/OR IP COMMERCE and their agents own copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. None of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes. If you decide to utilize the Services, you may be required to register, provide personally identifiable information, and select a user name and password. You agree to provide accurate information in your registration and agree not to share your password with third parties. You agree not to impersonate another person or entity or to select or use a user name or password of another person or entity. You agree to notify TANTRUM STREET AND IP COMMERCE of any unauthorized use of your account and of any loss, theft or disclosure of my password. Failure to comply with these requirements will constitute a breach of these terms and conditions and will be grounds for immediate termination of your account and all rights related to the Services. TANTRUM STREET shall have sole and final authority regarding the termination of your account.

THE SERVICES, INCLUDING ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED TO YOU "AS IS." TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TANTRUM STREET, IP COMMERCE, NOR THEIR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE CONTENT, PRODUCTS OR SERVICES OR THAT THE CONTENT, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TANTRUM STREET, IP COMMERCE, AND THEIR AGENTS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS, AND CONTENT ARE AT MY OWN RISK. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TANTRUM STREET, IP COMMERCE, NOR THEIR AGENTS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THEIR CONTENT, PRODUCTS, OR SERVICES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH YOUR COMPUTER EQUIPMENT.

17. Other Legal Provisions

(1) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or Tantrum Street. Your use of these other services, software or goods may be subject to separate terms between you and Tantrum Street or the person concerned. If so, this User Agreement does not affect your legal relationship with these other companies or individuals.

(2) You agree that Tantrum Street may provide you with notices, including those regarding changes to this User Agreement, by email, regular mail, or postings on the Services.

(3) You agree that if Tantrum Street does not exercise or enforce any legal right or remedy which is contained in this User Agreement (or which Tantrum Street has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tantrum Street's rights and that those rights or remedies will still be available to Tantrum Street.

(4) You acknowledge and agree that each of Tantrum Street's affiliates shall be third party beneficiaries to this User Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this User Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or Tantrum Street shall be third party beneficiaries to this User Agreement.

(5) This User Agreement, and your relationship with Tantrum Street hereunder, shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. You and Tantrum Street agree to submit to the exclusive jurisdiction of the courts located within the State of Texas, Dallas County, to resolve any legal matter arising from this User Agreement. Notwithstanding this, you agree that Tantrum Street shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

(6) The posting of this User Agreement on the Internet or in any Content is a passive activity of Tantrum Street, access to which by any person in any particular jurisdiction does not imply that Tantrum Street intends to conduct any activities within that jurisdiction or that it invokes the protection of or intends to comply with the legal requirements of any particular jurisdiction other than the United States. References to a particular Service do not mean that Tantrum Street intends to make such Service available in all States of the United States or in all countries outside of the United States.

(7) If any provision of this User Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions. Tantrum Street may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Tantrum Street, and any such attempted assignment will be void and unenforceable.

(8) The parties hereto confirm that it is their wish that this User Agreement, as well as any other documents relating to this User Agreement, including notices, have been and shall be drawn up in the English language only.