Terms and Conditions of Use

Last updated January 1st, 2024

PURPOSE OF THIS AGREEMENT

Welcome to Tantalusmedia.com / Tantalus Media, LLC. We look forward to helping this Agreement set forth Your rights and obligations with Tantalusmedia.com / Tantalus Media, LLC. customer. By clicking “I Agree,” You indicate that you have read and understood this Agreement and You will be bound by its Terms.

IMPORTANT- PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER TANTALUSMEDIA.COM OR OVER THE PHONE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOU RECORDS.

The use of Tantalusmedia.com (hereafter “website”), which is owned and maintained by Tantalusmedia.com / Tantalus Media, LLC. “we,” “our,” “us”), is governed by terms and conditions set forth below. We offer the Website, including all information, tools and services available from the website to you, the customer, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the website in any manner of form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND TANTALUS MEDIA, LLC. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY TANTALUS MEDIA, LLC ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.

Tantalus Media, LLC reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at Terms and Conditions. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the terms.

SECTION 1 - WEBSITE USE

The website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operated a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 - WEBSITE CUSTOMER CONDUCT AND RESTRICTIONS-LICENSE TERMS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Tantalus Media, LLC trademark and logo are proprietary marks of Tantalus Media, LLC, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register, as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Tantalus Media, LLC.

Subject to your continued strict compliance with all Terms, Tantalus Media, LLC provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

You agree not to use or attempt to use the services provided by Tantalus Media, LLC, whether alone, or in conjunction with others in any unlawful manner or a manner harmful to Tantalus Media, LLC. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any services including, but not limited to, refraining from:

1. HARMFUL ACTS: Any dishonest or unethical business practice; any violation of the law; infliction of harm to Tantalus Media, LLC reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Tantalus Media, LLC or any third party.

2. "SPAMMING" AND UNSOLICITED COMMUNICATIONS: We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Tantalus Media, LLC reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

3. OFFENSIVE COMMUNICATIONS: Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.

4. SENSITIVE INFORMATION: You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Tantalus Media, LLC, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

5. ILLEGAL BUSINESS ACTIVITY: Any promotion of illegal business activity, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.

In addition to the foregoing, Tantalus Media, LLC requires you to follow these best practices when sending electronic communications:

- Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).

- Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).

- Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.

- Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of the electronic communications, and include a link to such privacy policy in your electronic communications.

- Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.

- Include in each electronic communication your valid physical mailing address or a link to that information.

- Do not send electronic communications to addresses obtained from purchased or rented lists.

- Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.

- Do not routinely send electronic communications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).

- Do not engage in spamming.

- Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.

- Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.

- Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.

- Do not send to lists of addresses that are programmatically generated or scraped from the Internet.

- Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other customers of our services.

- Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, see www.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing), direct to consumer pharmaceutical sales, and payday loans.

You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Tantalus Media, LLC or otherwise.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement.

Our Privacy Statement may be viewed here, Privacy Policy. Tantalus Media reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS

As a customer of Tantalus Media for our current or future services, you will be required to create accounts with software platforms that Tantalus Media deems necessary to send, transfer, and deliver the products to you and your business. Tantalus Media may need to request access to the software platforms to make additional adjustments or changes to your services once transferred over if requested and paid for additional adjustments or changes to be made by Tantalus Media. You warrant that the information you provide us to access the software is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your software account, and you agree that Tantalus Media is not responsible or liable for any damages that accrue if and when you transfer your password or user name, or lend or otherwise transfer your use of or access to your software account, to any third party, so-called “agency accounts.” Should you pay Tantalus Media to make adjustments or changes to the services we have provided, you understand that Tantalus Media will only access your software accounts after an additional agreement has been signed with the exact adjustments and changes that you have requested and paid for. No additional adjustments or changes will be made that are outside the scope of work in the existing agreement. You agree that Tantalus Media is not liable, and you will hold Tantalus Media harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see section 21 below for additional information.

SECTION 5 - ORDER PLACEMENT AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@tantalusmedia.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of the Agreement.

All advertised prices are in, and all payments shall be in U.S. Dollars.

SECTION 6 - REFUND POLICY FOR ONLINE PRODUCTS AND SERVICES

Please see our full Refund Policy here. Tantalus Media reserves the right to modify its Refund Policy in its reasonable discretion from time-to-time. Our Refund Policy is incorporated into this Agreement by reference.

If you have purchased online services (for example, Consulting Calls, Sales Funnels, Funnel Templates, Email Copy, and Funnel Copy) from Tantalus Media, you have the right to receive a refund within three (3) days of the date of your purchase, if you comply with the following conditions:

1. You must request a refund by e-mail to support@tantalusmedia.com.

2. Unless subject to additional rights outlined in your purchase agreement, your request for a refund must be made within three (3) days of your purchase.

3. You understand that a refund can and may take up to two weeks to process after the initial request.

4. You understand that after you request a refund within the three (3) days of purchase no services or products will be delivered now or in the future.

SECTION 7 - AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

If you do not want to continue your services and products after your purchase, you must contact us by submitting a cancellation request to us via our support email address support@tantalusmedia.com. If you do not contact us, your services and project will automatically continue and any payment card that was provided at the time of enrollment will be charged any remaining amount left unpaid to Tantalus Media.

If you wish to cancel your Tantalus Media services and products at any time, you must submit a cancellation request to us via our support email address support@tantalusmedia.com, as detailed Here. For services and products, we require at least three (3) days’ notice of cancellation by email from the first day of purchase. If you provide such notice less than three (3) days from the first day of purchase your credit card may still be charged for any remaining balance left unpaid. You will not be entitled to any refund for any payments to Tantalus Media.

SECTION 8 - SERVICES AND PRODUCTS TERMS AND AUTOMATIC PAYMENTS

A Tantalus Media customer is responsible for paying all sums due to Tantalus Media in connection with their services and products in accordance with these terms. The amount payable in accordance with these Terms is due when the customer purchases services and products, unless payment is on a payment plan term therefore, the first payment amount will be due the first day when the customer has purchased services and products. A monthly payment plan is a condition for the services and products if the full amount is not paid upfront, or after you have not canceled the services and products with us. Every calendar month, your account will be charged the applicable tax fee for the following payments owed for your services and products, together with any other fees for the following services and products plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Tantalus Media customer to use any of the services and products provided by Tantalus Media does not relieve the Tantalus Media customer of their payment obligations under these Terms.

Potential customers can pay by credit card, debit card, or wire transfer. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the services and products together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment plan terms for the specific service purchased (unless the services and products are canceled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service and products that are on a payment plan.

IF YOU ARE A TANTALUS MEDIA CUSTOMER WITH PURCHASED SERVICES AND PRODUCTS, AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY UNTIL FULL AMOUNT HAS BEEN PAID) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR PURCHASE. IF YOU WISH TO CANCEL YOUR SERVICES AND PRODUCTS AT TANTALUS MEDIA, YOU MAY DO SO BY EMAILING SUPPORT@TANTALUSMEDIA.COM. AT LEAST THREE (3) DAYS FROM THE FIRST DAY OF PURCHASE.

Tantalus Media reserves the right to immediately terminate customer’s services and products for any unpaid (in whole or part) period of the services and products (with or without notice). Termination of services and products in no way relieves or excuses the customer from any obligation to pay outstanding charges or expenses. In the event Tantalus Media starts collection processes for any type, you will be liable for collection costs, including legal fees and expenses, as provided in Section 20 below.

In addition to any Fees, Tantalus Media may also charge applicable value added or other tax.

SECTION 9 - SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

SECTION 10 - PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE

Products, services, and prices are generally posted at the following URL but are subject to change: Terms and Conditions of Use. At times, Tantalus Media may also offer services such as Consulting Calls, Sales Funnels, Funnel Templates, Email Copy, and Funnel Copy. Tantalus Media reserves the right, without notice, to discontinue products, services, or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to our products and services will not affect what you have already purchased and paid in full. Tantalus Media takes reasonable steps to ensure that the prices set forth on the Website are correct and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. When ordering products and services, please note that Tantalus Media does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. Descriptions of, or references to, products or services not owned by Tantalus Media are not intended to imply endorsement of that product or service or constitute a warranty by Tantalus Media.

SECTION 11 - EARNINGS DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY

Our Earnings Disclaimer Statement may be viewed here, Earnings Disclaimer. Tantalus Media reserves the right to modify its Earnings Disclaimer Statement in its reasonable discretion from time-to-time. Our Earnings Disclaimer Statement is incorporated into this Agreement by reference. Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from customer to customer. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS. Tantalus Media does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Tantalus Media will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products and services will receive a Funnel Strategy to assist with their respective online offerings, However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the services and products we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our services and products, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and services purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.

SECTION 12 - YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Tantalus Media’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify Tantalus Media if any investigation or lawsuit is threatened or filed against you, whereupon Tantalus Media shall have the right to terminate the Agreement without liability. Tantalus Media shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). Tantalus Media shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify Tantalus Media as set out in Section 21 below in the event that you and/or your business violate any law and a claim is threatened or asserted against Tantalus Media as a result.

SECTION 13 - AFFILIATE PROGRAM AND INDEPENDENT TANTALUS MEDIA AFFILIATE PROGRAM

Tantalus Media may offer you the opportunity to become an independent Tantalus Media Affiliate ("Affiliate"), wherein you have the chance to earn additional income for Tantalus Media accounts and services that you sell to other customers. Tantalus Media reserves the sole and exclusive right to determine the amount of compensation each Affiliate will receive for their efforts. Affiliate commission details are further outlined in the Tantalus Media Affiliate Agreement.

Affiliates are independent contractors and are not considered employees or agents of Tantalus Media. Affiliates do not have the authority to act on behalf of or bind Tantalus Media. Affiliates are solely responsible for all incurred costs and other expenses. Sections 18 and 20 below – along with all other terms in this Agreement – apply to Affiliates and further govern the relationship between Tantalus Media and each Affiliate.

Affiliates are obligated to comply with local, state, and federal laws, including those outlined in Section 16 below, and must avoid making misrepresentations or creating incorrect impressions of the products and services offered by Tantalus Media.

SECTION 14 - TESTIMONIALS, REVIEWS, AND MEDIA SUBMISSIONS

Tantalus Media values feedback from customers and welcomes comments regarding its services and products. Tantalus Media may utilize testimonials and/or product reviews, in whole or in part, along with the name, city, and state of the person submitting them. Testimonials may be utilized for any activity related to Tantalus Media services or products, in both printed and online media, as determined by Tantalus Media in its sole discretion. Testimonials reflect the unique experiences of participants and customers submitting them and may not necessarily reflect the experiences of others. By providing testimonials, photographs, or other information to Tantalus Media, you grant Tantalus Media a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use them.

Tantalus Media reserves the right to correct grammatical and typographical errors, shorten testimonials before publication, or review all submissions before use. Tantalus Media is under no obligation to utilize any testimonial or product review submitted.

SECTION 15 - COMPLIANCE WITH LAWS AND COMMITMENT AGAINST HARASSMENT

As a customer and/or Affiliate of Tantalus Media, you must adhere to all applicable laws, both in the U.S. and internationally. This includes laws governing advertising, marketing, and digital communication. You are responsible for ensuring compliance with all laws, rules, and regulations applicable to you, your business, and any recipients of digital messages sent using Tantalus Media products or services. You must not use Tantalus Media services or products to engage in any behavior that may be deemed deceptive, abusive, or harassing.

You agree to indemnify and defend Tantalus Media against any claims or lawsuits arising from your violation of law or third-party rights through the use or misuse of messaging software or hardware, whether provided by Tantalus Media or a third party.

You acknowledge that Tantalus Media has no control over third-party software functionality and cannot be held responsible for its performance or failures. Tantalus Media products or services are not guaranteed to be compatible with third-party software, and you are solely responsible for the use of any messaging software or hardware.

SECTION 16 - DISCLAIMERS OF WARRANTIES

Subject to applicable law, Tantalus Media disclaims all warranties, express or implied, regarding the Website and its content. Tantalus Media makes no representations or warranties regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of information on the Website. Tantalus Media does not guarantee that the Website or any software will operate securely, uninterrupted, or error-free. Additionally, Tantalus Media does not warrant that stored data will be accurate or reliable, or that products, services, or information obtained through the Website will meet your requirements or expectations. Tantalus Media also disclaims any warranties regarding the absence of viruses or harmful components on the Website or its servers. All conditions, representations, and warranties, whether express, implied, or statutory, are hereby disclaimed to the maximum extent permitted by applicable law.

SECTION 17 - LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL TANTALUS MEDIA, LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE, OR PRODUCT, REGARDLESS OF WHETHER TANTALUS MEDIA, LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL TANTALUS MEDIA, LLC LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THE PAYMENTS PAID BY YOU TO TANTALUS MEDIA, LLC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST TANTALUS MEDIA, LLC OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.

SECTION 18 - DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER.

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOU AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at support@tantalumedia.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, or service, these Terms, the Privacy Policy, Earnings Disclaimer, Refund Policy any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Clark County, Nevada, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Tantalus Media, LLC.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Tantalus Media, LLC agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Tantalus Media, LLC expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with Tantalus Media, LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 19 - TANTALUS MEDIA ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Tantalus Media, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Tantalus Media or a third-party, Tantalus Media shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Clark County, Nevada restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Tantalus Media from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Clark County, Nevada for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 20 - INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Tantalus Media, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 21 - NOTICE AND TAKEDOWN PROCEDURE; DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Tantalus Media a notice requesting that Tantalus Media remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Tantalus Media a counter-notice. Notices and counter-notices should be sent to support@tantalumedia.com. These Terms fully incorporate by reference the DMCA Policy.

SECTION 22 - THIRD-PARTY LINKS

The Website may contain links to other websites. Tantalus Media assumes no responsibility for the content or functionality of any non-Tantalus Media website to which we provide a link. Please see our privacy policy for more details.

SECTION 23 - TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Tantalus Media or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Tantalus Media.

Upon termination, you remain responsible for any outstanding payments to Tantalus Media.

SECTION 24 - NO WAIVER

No failure or delay on the part of Tantalus Media in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Tantalus Media.

SECTION 25 - GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Policy or any matter concerning Tantalus Media, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of Nevada without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Clark County, Nevada, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis.

SECTION 26 - FORCE MAJEURE

Tantalus Media will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

SECTION 27 - ASSIGNMENT

Tantalus Media may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Tantalus Media (or its assigns’) express written consent.

SECTION 28 - ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. When you communicate with Tantalus Media through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 29 - CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time here, Terms and Conditions of Use. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the privacy policy by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 30 - YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Tantalus Media has the right to rely upon all information provided to Tantalus Media by you, and Tantalus Media may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Tantalus Media of the same within 24 hours. Tantalus Media, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Tantalus Media without incurring any obligation or liability to you.

SECTION 31 - SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 32 - ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Tantalus Media and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Tantalus Media. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 33 - CUSTOMER SUPPORT AND CONSULTING TERMS AND RATES

Our Customer Support and Consulting Terms may be viewed at (www. Website customer support link). Tantalus Media reserves the right to modify its Customer Support and Consulting Terms in its reasonable discretion from time-to-time. Our Customer Support and Consulting Terms are incorporated into this Agreement by reference.

Customer support and consulting Terms are available at the rates in effect at the time of the request for such services. Terms and Rates as of the effective date are as follows: Standard Virtual Support is available upon request at no additional charge. All support will be provided inside of basecamp.com which is a project management software that Tantalus Media provides to clients and email support. Standard Virtual Support is only offered during standard business hours: 9:00 am PST - 6:00 pm PST, Monday - Friday. Phone support, google hangout support, zoom support, etc. are not part of our complimentary standard virtual support. Because of the dynamic nature of our business, we do not promise or guarantee any specific response time. If you need additional consulting, coaching, or support that is not inside of Trello or via email that require phone calls, google hangouts, zoom meeting, etc., you will be billed hourly and invoiced* as following:

Project Manager: $40.00 per hour - $55.00 per hour.

Marketing Executive: $105.00 per hour - $139.00 per hour.

Senior Marketing Executive: $154.00 per hour to $189.00 per hour.

C-Level Executives: $450.00 per hour to $505.00 per hour.

You may schedule here: https://calendly.com/tantalusmedia/ - Tantalus Media does not provide complimentary consulting outside of the scope of a complimentary Marketing Strategy Session and Kickstarter Call scheduled as part of the Website Services. If you request additional consulting by Tantalus Media, a "Consulting Agreement" will be provided based on the total numbers of hours expected and worked on by C-Level Executives, Senior Marketing Executives, Marketing Executives, and Project Managers. You will be billed and invoiced* hourly rates as follows:

Project Manager: $40.00 per hour - $55.00 per hour.

Marketing Executive: $105.00 per hour - $139.00 per hour.

Senior Marketing Executive: $154.00 per hour $189.00 per hour.

C-Level Executives: $450.00 per hour to $505.00 per hour.

You may schedule here:https://calendly.com/tantalusmedia/

*Unless otherwise agreed to in a writing by Tantalus Media, Customer Support and Consulting Invoices are due upon receipt.

SECTION 34 - CONTRACTING US

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to support@tantalumedia.com

If you have any questions or inquiries concerning any of the Terms, you may contact Tantalus Media by email at support@tantalumedia.com

For additional inquiries, please feel free to send an email to the relevant address listed below.

Compliance: support@tantalumedia.com

Spam or abuse: support@tantalumedia.com

Affiliates: support@tantalumedia.com

SECTION 34 - DATA PRIVACY SHIELD - GDPR

What is GDPR? It is the EU Data Privacy Shield that becomes effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under the European Union. The "Personal Data" definition under GDPR is very broad as it covers

SECTION 34 - CONTACTING US

We encourage our customers to get in touch with us regarding any questions or comments about our products and services. Please feel free to contact Tantalus Media via email at support@tantalusmedia.com. For inquiries related to compliance, spam, or abuse, as well as affiliate matters, you can also use the respective email addresses listed below:

- Compliance: support@tantalusmedia.com

- Spam or abuse: support@tantalusmedia.com

- Affiliates: support@tantalusmedia.com

SECTION 34 - DATA PRIVACY SHIELD - GDPR

What is GDPR? GDPR, or the General Data Protection Regulation, is the EU Data Privacy Shield that became effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those residing within the European Union. The "Personal Data" definition under GDPR is broad, encompassing any information that could potentially identify the data subject being targeted.

Is Tantalus Media GDPR Compliant? In short, yes. Please refer to our privacy policy for more detailed information.

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