Terms of Service Terms of Service 1. This is a legal agreement between you and TabooFantasyLine.com (owned and operated by TFL Communications), hereinafter referred to as "TFL Com". TabooFantasyLine.com, phone services (including services available through 1-877-4-XXX-TABOO as well as other numbers that TFL Com maintains in order to communicate with members) and any content therein provided by TFL Com as the "Site". After completing the sign-up form you will become a "Member" and have full access to the Site and our Services. The terms and conditions outlined below limit TFL Com liability to you and allow TFL Com to change, suspend or terminate your access to the use of the Site and Services. YOU UNDERSTAND THAT BY SIGNING UP FOR AN ACCOUNT, BY USING THE SITE AND ANY SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH A MEMBER OR BY POSTING ANY LISTING ON THIS SITE, YOU ARE AGREEING TO BE BOUND BY THIS MEMBER AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. IF YOU DO NOT AGREE WITH OUR TERMS YOU MAY NOT USE ANY PART OF OUR SITE OR OUR SERVICES. 1. Eligibility is limited. The Site is available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contacts under applicable law. The site is not available to suspended Members. You use or provider Services at your own risk (a) TFL Com does not evaluate, provide, produce or control the Speaker Services, or information or exchanges between Members, in any manner. TFL Com does not itself provide any information, entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Member. Further, TFL Com does not make editorial or managerial decisions concerning content, sexually explicit or otherwise. Nor will TFL Com be held responsible for any Speaker's failure to comply with laws or regulations concerning the content of listings. Instead, TFL Com acts as a technology service that allows Members to share information, entertainment services or other products or services among themselves. Although TFL Com helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, TFL Com does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in Speaker listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods. TFL Com is not responsible for use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Speaker Services, in evaluating the qualifications of, and statements made by, Members in listings or through the Member feedback system, and in disclosing personal information to other Members. TFL Com recommends that you do not disclose personal contact information to Members. If you do, you do so at your own risk. TFL Com assumes no responsibility for monitoring any Member feedback or otherwise policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, TFL Com urges you immediately to contact the police directly for help. In addition TFL Com does not recommend or encourage Members to use the Site or Speaker Services to solicit other Members to meet with them in person. (b) TFL Com does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by Speakers or Members, or any specific Member, Speaker or Speaker Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Speaker or group of Speakers by TFL Com. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Speaker Services. Members who initiate, receive and/or discontinue use of the Speaker Services do so entirely at their own risk, and TFL Com bears no responsibility in this regard. In accordance with its Privacy Policy. TFL Com does not monitor telephone conversations between Members. However, TFL Com reserves the right to contact Members and review Mail without revealing its identity, in order to evaluate compliance with the rules and policies set forth in this Member Agreement and to take other action as set forth in the Privacy Policy. Therefore, we urge you to review and understand the Privacy Policy. As part of this Member Agreement you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by the agreements contained in that document. (c) If you have a dispute with another Member, or suffer any harm arising out of or connected with any Speaker Services, you hereby waive all claims against and release TFL Com (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Speaker Services or with regard to such disputes. 3. TFL Com may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you. (a) TFL Com reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective thirty (30) days after they are initially posted on the Site. Changes to the Payment Policy are effective after TFL Com provides Speakers with at least fourteen (14) days notice of the changes by emailing Speakers. If any modification is not acceptable to you, your only recourse is to cease using the Site and Speaker Services. By continuing to use the Site or any Speaker Services following any posting of a new Member Agreement or policies on the Site, you accept and agree to be bound by the new Member Agreement or policies. (b) Without limiting other remedies, TFL Com may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice to you. In addition, TFL Com may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if TFL Com suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by TFL Com; (ii) if TFL Com is unable to verify or authenticate any billing or payment information you provide to TFL Com; or (iii) if TFL Com suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, TFL Com or the Site. You have the right to cancel your membership in TFL Com. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to TFL Com. 4. The Site is only a venue for Member listings. TFL Com acts only as an interface to facilitate communications initiated between Members. As a Member, you are not an employee, agent or contractor of TFL Com, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Speaker Services, and for reporting and payment of all taxes associated with fees transferred to you by TFL Com. 5. You are solely responsible for all use made of the Site and Speaker Services under your password and Member account information and agree to pay for all Speaker Services purchased using your password and Member account information. (a) The rates for Speaker Services are as set forth in the applicable Speaker listing. "Transaction" means any live or recorded call through the Site initiated using your password and Member account information and any Mail response sent to your Mail account in response to a request for information, entertainment services or other products or services from a Speaker who lists a fee for email responses (each a "Paid Mail"). You hereby authorize TFL Com to collect fees for each Transaction by debiting your Member account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for live and recorded calls are calculated based on the per-minute rate listed and the duration of the call, or from time to time may be offered by TFL Com for a single price listed for a bulk package of time. Time for calls sold in bulk have an expiration date; and you will not be entitled to receive a refund for any time remaining after the expiration date for the bulk minutes. Fees for recorded calls are determined based on the listed fee. Fees for Paid Mail are collected immediately upon acceptance of the Paid Mail, regardless of quality or completeness, by the receiving Member and are determined as set forth in the Speaker listings. When purchasing a package of bulk minutes, you authorize TFL Com to authorize your credit card for the entire price of the bulk package prior to connecting your next call and to subsequently charge your card for the entire cost of the bulk package once your call is connected. You authorize TFL Com, directly or through third parties, to make any inquiries we consider necessary to validate your Member account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide. (b) You agree to maintain the confidentiality of your password and Member account information and to supervise all activities that occur under your Member name, password or Member account, including, but not limited to, any and all usage of the Site by other persons under your Member name and password. You agree that you will not permit, enable, introduce or facilitate (i) non-Members having access to or use of the Site or Speaker Services in any manner without such individuals first becoming Members and (ii) other Members to use a specific Speaker Service at the same time that you are doing so. (c) You agree that TFL Com is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account or password. You agree that TFL Com may use information provided by you as described in the Privacy Policy. (d) Based on Member account use and other factors identified by TFL Com in its sole discretion, TFL Com may require verification of your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide TFL Com with additional information that may be requested, you consent to TFL Com disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information, and you authorize TFL Com to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification. In using or accessing the Site or Speaker Services, you agree to comply with the following: (a) You (as a Speaker providing Speaker Services) are solely responsible for the content provided and the content on listings created under your Member account. (b) You (as a Member receiving Speaker Services) will not record or otherwise store any live or pre-recorded voice Speaker Services that you receive through the Site. You (as an Speaker providing Speaker Services) will not record or otherwise store any calls you conduct with a Member. Notwithstanding the foregoing, Advisors may provide pre-recorded voice Advisor Services (each, a "Recorded Listing" as described further on the Help page of the Site) to Members in accordance with the Advisor Rules Policy. (c) You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Member Agreement and the policies of TFL Com, and you will cooperate fully with TFL Com to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized TFL Com representatives access to any password-protected portions of your Member account. (d) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. (e) You will conduct all for-fee communications that you have with other Members only through the Site, and you will not circumvent or attempt to circumvent the Site using third-party payment services. (f) You will not use the Site in any manner that harasses another Member or could interfere with any other party's use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications. (g) You will not attempt to gain unauthorized access to any Member account information, computer systems or networks associated with the Site. (h) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site. (i) You will not "frame," "mirror" or otherwise copy any portion of the Site without TFL Com express written authorization. (j) You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to TFL Com, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use. (k) You will not use the Site to solicit Members, to promote any product or services other than the information services described in your Member listing which are provided through the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly," "lose weight now" or "make money surfing the Web"). (l) You will not transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites. See our Anti-Spam Policy for further information. (m) You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance. (n) You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for yourself or other Members, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member listing. (o) You will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings. (p ) You will adhere to all applicable laws and regulations governing your actions in connection with the Site and (as a Speaker providing Speaker Services) are responsible for meeting the requirements of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U.S.C. 2257 and related regulations. (q) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Member Agreement and TFL Com policies. 7. As between the parties, TFL Com shall retain all ownership in the Site including all URLs and any content created or derived from the Site. TFL Com shall own all right, title and interest in Speaker Services and the Site, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, phone numbers, toll free numbers and number extensions together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred herein by TFL Com, either expressly or by implication. You understand and agree that (i) You will have no right, title and interest to any of the toll free numbers, phone numbers or extension numbers assigned to You (ii) that TFL Com may change Your toll free number, phone numbers and/or extension number at any time in its sole and absolute discretion (iii) You will have no right, title and interest to any listing name in connection with TFL Com Services and (iv) that phone numbers, toll free numbers, extensions and listing names may be recycled by TFL Com to other users of TFL Com Services if You are not actively using them or Your agreement has been terminated. Further, You hereby grant to TFL Com, its distribution partners, affiliates and similar third party website/media providers of TFL Com choice the right to use, copy, distribute, display or reference in any media form Your listing information, including without limitation, Your listing name, tags, descriptions, photos, TFL Com buttons, phone numbers and extensions. 8. If you act as a Speaker, you will comply with and be subject to TFL Com Speaker Rules Policy and Payment Policy. TFL Com Speaker Rules Policy and Payment Policy are available on the Speaker Rules Policy and Payment Policy pages, and are incorporated into this Member Agreement by reference. 9. TFL Com disclaims any warranties or representations regarding the Site and Speaker Services. THE SITE AND ANY SPEAKER SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. TFL Com AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SPEAKER SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, TFL Com makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you. 10. TFL Com liability for your access to and use of the Site and Speaker Services is limited and you are responsible for your use of the Site. UNDER NO CIRCUMSTANCES WILL TFL COM OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR SPEAKER SERVICES, WHETHER OR NOT TFL COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TFL COM AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY TFL COM FROM YOU (AFTER PAYMENTS TO SPEAKERS AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) ONE HUNDRED DOLLARS ($100). TFL Com WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY TFL COM, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF SPEAKER SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED. In each case, TFL COM will provide you with written notice of such claim, suit or action. TFL Com shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder. 11. TFL Com prohibits the unauthorized use of copyrighted materials and trademarks. YOU SHALL NOT USE THE SITE OR ITS ADVISOR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS, TRADEMARKS, OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. TFL Com has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Members who infringe or are believed to be infringing the rights of copyright holders or of holders of federally registered trademarks (and unregistered trademarks in certain circumstances). TFL Com Copyright and Trademark Related Policy: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TFL Com Copyright Agent listed below with the following information required under 17 U.S.C. § 512: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TFL Com to locate the material; (d) Information reasonably sufficient to permit TFL Com to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted; (e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. TFL Com Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows: Email: admin@TabooFantasyLine.com Upon receipt of notice as described above, TFL Com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the Member's account. If you believe that your federally registered trademark is being used by an Advisor or Member in a way that constitutes trademark infringement, please provide TFL Com Trademark Agent with the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the registered trademark owner; (b) Information reasonably sufficient to permit TFL Com to contact the registered trademark owner or its authorized agent, including a name, address, telephone number and, if available, an email address; (c) Identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s); (d) Information reasonably sufficient to permit TFL Com to identify the use being challenged by the registered trademark owner; (e) A statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner. Upon receipt of notice as described above, TFL Com will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including following confirmation of the existence of the federal registration, removal of the challenged use from the Site, with notice to the Advisor or Member in question, if, in TFL Com sole discretion, TFL Com concludes that the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, unless, prior to such removal, the Advisor or Member in question demonstrates that it has its own trademark registration or approved trademark application covering the use in question. Notwithstanding the foregoing, TFL Com will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order. TFL Com Trademark Agent for notice of claims of trademark infringement on or regarding this Site can be reached as follows: Email:admin@TabooFantasyLine.com 12. Links to Other Websites. The Site may provide links to websites other than TFL Com. Such links are provided for reference only, and TFL Com neither controls such websites nor endorses any of the material on any such websites or any association with their operators. 13. Notice. Any notice or other communication to be given hereunder will be in writing and given (a) by TFL Com via facsimile, receipt confirmed, United States mail or email (in each case to the number or address that you provide), and (b) by you via email to privacy@TabooFantasyLine.com. The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or email, and five (5) days after receipt by the U.S. Postal Service in the case of United States mail. 14. No Assignment. You shall not assign this Member Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of TFL Com. Any such purported assignment or delegation by you without the appropriate prior written consent of TFL Com will be null and void and of no force or effect, unless otherwise expressly consented to by TFL Com at its sole and absolute discretion. TFL Com may assign this Agreement or any rights hereunder without your consent. 15. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Member Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. 16. Arbitration. Any controversy or claim arising out of or relating to this Member Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Chicago, Illinois and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, TFL Com, the Member or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. 17. You consent to the use of (a) electronic means to complete this Member Agreement, to use the Site and Speaker Services and to provide you with any notices given pursuant to this Member Agreement, and (b) electronic records to store information related to this Member Agreement or your use of the Site. 18. Miscellaneous. If any provision of this Member Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. TFL Com failure to act with respect to a breach by you or others does not waive TFL Com right to act with respect to subsequent or similar breaches. The failure of TFL Com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This Member Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois. The parties acknowledge that this Member Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Member Agreement. You agree that this Member Agreement and the Member rules and restrictions and policies contained herein, and TFL Com enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and TFL Com. This Member Agreement together with the rules and policies of TFL Com constitutes the entire agreement between TFL Com and you with respect to the subject matter hereof.