User Agreement
1. Introduction
These website Terms and Conditions of Use (“Terms of Use”) constitute an agreement between You and Toubalink Inc. (“Company”, “we” or “us”). The Terms of Use, together with any other documents expressly referred to within these Terms of Use, govern your access to and use of www.toubalink.com, including any subdomains, content, functionality and services offered on or through www.toubalink.com (collectively the “Website”), whether as a registered user (“Member”) or unregistered user (“Visitor”).
2. Acceptance of The Terms of Use
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU USING THE WEBSITE.
By using the Website or by clicking to Accept or Agree to the Terms of Use when these options are made available to you, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy.
IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
This Website is offered and available only to users in the United States any of its territories or possessions who are older than 16 years old. By using this Website, you represent and warrant that you meet the eligibility requirements.
Use of this Website by persons under the age of 13 is not permitted.
3. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.
You are expected to check this page from time to time so you are aware of any changes to the Terms of Use, because they are binding on you.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
Certain provisions of the Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
4. Purpose
The Purpose of the Website is to facilitate the matching of Members who are seeking employment (“Job Seekers”) with Members who are potential Recruiters by providing a platform for individuals (Job Seekers) to post information related to their job search or to offer services in their area of expertise, and for Recruiters to post information about their employment needs.
4.1 Disclaimer on Purpose
We are not an Employment Agency. We cannot and do not guarantee that the use of the Website will result in employment for a Job Seeker, or in filling Recruiter empty positions. You are using the Website at your own risk. Please Review the Disclaimer and Reliance on Information Posted Section.
5. Using and Accessing the Website
These Terms of Use permit use of the Website by Visitors and Website Members consistent with each type of user’s Membership Type.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
You may access various areas of the Website without registering your details with us. Certain areas of the Website are only accessible by Members.
6. Registration and Account Security
To access the Website or some of the resources it offers, you may be asked to register to become a Member by providing certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any reason or no reason at all, including if, in our opinion, you have violated any provision of these Terms of Use or the username is not appropriate.
7. Membership Types
We provide two types of Membership on the Website: Job Seeker and Recruiter. By registering for a Membership account, you agree with the following requirements:
You will not provide any false information on the Website;
You will not claim or create an account for anyone other than yourself or a business you represent without permission.
If we disable your account, you will not create another one without our permission.
You will keep your contact information accurate and up-to-date.
You will not transfer your account to anyone without first getting our written permission.
Payments
While currently there is no charge to register for a Membership account, certain features or services may only be accessible after paying a fee. By agreeing to pay any fees on the Website in exchange for requesting certain services or access to certain functionality or information, you agree to honor your payment obligations, and understand that certain fees and taxes may be added to our prices.
We do not store your payment information as explained in our Privacy Policy
Job Seeker Account: Only individuals may sign up for this type of account. As a Job Seeker you are permitted:
To create only one account per person.
To save and update your profile information, including, for example, contact information, resume, CV, work samples, professional backgrounds, skills, work experience, and other related materials.
To use the Website to promote your skills for the purpose of obtaining work.
To search the Website and save the search results.
Review other users’ profiles, contact other users using tools provided by the Website, and invite other users to be your contacts list.
Recruiter Account: As a Recruiter you are permitted:
To create only one Recruiter Account per individual recruiter.
To use the Website to promote your business consistent with the Terms of Use;
Provide profile information for yourself or your business, including contact information, history, links to external websites consistent with the Terms of Use, and any other information to promote your recruiting services. All of that information will be available to the public;
Maintain your business listing and update your profile;
Post Available Job Ads
Post event information for your business;
Review other users’ profiles;
Contact Job Seekers using the tools provided by the Website, and invite Job Seekers to be in your contacts list.
8. Privacy
We value your privacy. Our Privacy Policy provides important disclosures about how we collect and can use your content and information.
We encourage you to read the Privacy Policy, and to use it to help you make informed decisions. All information you provide to us, including but not limited to information during registration with this Website, and through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
9. Intellectual Property Rights for the Use of Website Content
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website that was not posted or shared by you, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If in the future we provide social media features with certain content, you may take such actions as are enabled by such features as described in Linking to the Website and Social Media Feature.
You must not:
Modify copies of any materials from the Website, without express written permission to do so. Different Website membership types grant permissions to modify certain content, such as profile information, blogs, newsfeed, etc. as explained in the Membership Types section,
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use any part of the Website or any services or materials available through the Website, for any purpose inconsistent with the Purpose of the Website, unless expressly permitted to do so.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
10. Trademarks and Trademark Policy
The Company name, the term Toubalink, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
11. Prohibited Uses of the Website
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree the You will not use the Website:
To post unauthorized, irrelevant or inappropriate communications, for example “junk mail”, “chain letter” or “spam,” or any other similar solicitation;
To violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the us or other countries).
To post any defamatory, libelous or untruthful information.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards, set out in these Terms of Use.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, You agree not to:
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, screen names, handles, hashtags, avatars, and other identifiers, words or symbols, associated with any of the foregoing).
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Solicit login information or access an account belonging to someone else.
Bully, intimidate, or harass any user.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
12. Materials Posted by Users (User Contributions)
The Website may contain message boards, member profiles, member web pages, forums, bulletin boards, blogs, event sections, comments and review sections, ratings sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, contribute, submit, publish, display or transmit (collectively, to “Post”) to the website, other users or other persons, or the public, content or materials (collectively, “User Contributions”) on or through the Website. By way of example, such User Contribution may include reviews, blog posts, articles, comments, ratings, event information, event invites, and others materials or information.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary.
13. License Grant to User Contributions
By posting any User Contribution on or through the Website you specifically grant Toubalink, its affiliates, successors, assigns, licensees, and service providers a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, copy, modify, perform, display, distribute, create derivative works, sell, and otherwise disclose to third parties any such User Contribution for the purpose of operating the Website, and for all other lawful purposes associated with the Website’s stated Purpose.
The termination of your account, whether by us or you, does not terminate the above license grant with respect to User Contributions already posted on the Website.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
Your User Contributions do not infringe any Intellectual Property rights
All of your User Contributions do and will comply with these Terms of Use.
All of your User Contributions comply with the Content Standards set out in these Terms of Use
You understand, acknowledge and agree that you are responsible for any User Contributions you post, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
14. Copyright Infringement and Notice
If you believe that any User Contributions or any other content on the Website violate your copyright, please see our Copyright Policy {link} for instructions on sending us a notice of copyright infringement.
15. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user posting any materials on or through the Website without seeking permission to do so from the user.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
16. Content Standards
These Content Standards apply to any and all User Contributions and uses of the Website. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable on any ground, including on the grounds of race, ethnicity, religion, gender, and sexual orientation.
Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Promote sexually explicit or pornographic material.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Violate the privacy or the right of publicity of others.
Be likely to deceive any person, or has a tendency to be deceiving.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy {link}.
Contain links (html or others), whether internal to the Website, or to other websites other than to the website of a Business Member.
17. Disclaimer and Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
We cannot guarantee the truthfulness of any information posted by Members on the website, including qualifications, employment, references, education, experiences, placement success history, and other information relevant to making decisions related to employment or hiring. While we require Members to provide truthful information, we cannot and do not verify any Member provided information. Accordingly, before making any hiring or employment related decisions, it is critical that Job Seekers and Recruiters confirm any information relied upon to make those decisions.
We do not endorse, or express any opinions about any business, person, or other entity. All reviews, ratings, comments, or other information posted on the Website reflect solely the opinions of the posting users and are not endorsed or shared by us.
This Website includes content that may be provided by third parties, including reviews, ratings, comments, and other materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. .
18. Changes to the Website
While we may update the content on this Website from time to time, we provide no warranties that Website content is complete, accurate, or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
19. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
20. Linking to the Website and Social Media Features
You may link to our homepage only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us (if and when they we diced to provide them), and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any external website that is not owned by you without express written authorization by the external website owner.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or if permitted on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
21. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in business profile pages, advertisements, and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
22. Geographic Restrictions
The owner of the Website is a Company registered in New York State, and the Website is located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
23. Disclaimer of Warranties
You understand, acknowledge and agree that we cannot and do not guarantee or warrant that any content, including images, text, files or other electronic information available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
25. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
26. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York, Borough of Manhattan. You agree to submit to the jurisdiction of those Courts and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
27. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
28. No Waiver
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
29. Severability
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
30. Entire Agreement
These Terms of Use, our Privacy Policy, and our Copyright Policy constitute the sole and entire agreement between you and Toubalink Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
31. Your Comments and Concerns
This Website is operated by Toubalink Inc., a New York Corporation, 466 Nostrand,Ave Suite 1B, Brookyln, NY 11216.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (link) in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website, the Terms of Use or the Privacy Policy should be directed to: MASSAMBASAMB@HOTMAIL.COM