(Last revised September 16, 2017)
tonebase makes available to you the Website for you to gain information about and access to the Products. You are solely responsible for the information you provide to the Website and for the Products you select.
Copyright and Trademark Information
The content on the Website, such as text, graphics, logos, images, videos and software (the “Content”) as well as the compilation of the Content and the “look and feel” of the Website is the property of tonebase and/or its Affiliates or other content suppliers and is protected by copyright and trademark laws. The Website, the Content, the compilation of the Content or the “look and feel” of the Website may not be reproduced, duplicated, copied, sold, published, visited or otherwise exploited without the prior written consent of tonebase.
In the event you upload any content, including without limitation photographs, data, videos or software, to this Website, you hereby (i) represent and warrant to tonebase and its Affiliates that you have all rights necessary to upload such content; (ii) agree to indemnify tonebase and its Affiliates for any third party infringement claims related thereto; and (iii) grant to tonebase a perpetual non-cancellable license to use such uploaded content for any purposes in any media now existing or hereafter developed.
License for Your Use
For any period of time that you use the Website and abide by the Terms, tonebase grants to you a limited, revocable and nonexclusive license to access the Website for your use but not to copy, download or modify in any respect the Website or its Content or the Products, or any portion thereof, except with the express written consent of tonebase. You may not utilize framing to enclose any trademark, logo, Content or other proprietary information contained on the Website without the express written consent of tonebase. You may not use any meta tags or any other “hidden text” utilizing tonebase or its Affiliates’ names or trademarks without the express written consent of tonebase.
You agree to use the Website and the Products only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil or criminal liability. You agree not to disrupt, modify, or interfere with the Website, the Products or associated software, hardware and servers in any way and you agree not to impede or interfere with others’ access to and/or use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website or the Products that you have not entered.
Any unauthorized use or violation of the Terms automatically terminates the license granted by tonebase to access and use the Website and the Products.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR LEGAL GUARDIANS IF YOU ARE UNDER THE AGE OF 13 AND WOULD LIKE TO CONTACT US PLEASE DO SO THROUGH YOUR PARENTS OR LEGAL GUARDIANS. THE WEBSITE AND AFFILIATES’ WEBSITES ARE ONLY INTENDED FOR ADULTS. TONEBASE OR ITS AFFILIATES DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13 PLEASE DO NOT SEND US ANY PERSONAL INFORMATION INCLUDING WITHOUT LIMITATION YOUR EMAIL ADDRESS, NAME AND/OR CONTACT INFORMATION.
To the extent the Products or any portion thereof is made available for any fee, you will be required to select a payment plan and provide tonebase information regarding your credit card or other payment instrument. You represent and warrant to tonebase that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay tonebase the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms. You hereby authorize tonebase to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.
If you dispute any charges you must let tonebase know within sixty (60) days after the date that tonebase charges you. We reserve the right to change tonebase’s prices. Your continued use of the Products after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Products other than U.S. taxes based on tonebase’s net income.
Money Back Gaurantee
Should you become dissatisfied with the Products within the first thirty (30) days after purchase, tonebase will refund the full amount of your purchase. Refunds are not available for customers 30 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at tonebase’s sole discretion. If tonebase determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Products without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee email [email protected]
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TONEBASE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, PRODUCTS, MATERIALS AND/OR CONTENT ON THE WEBSITE FOR ANY PURPOSE. BY YOUR ACCESS TO AND USE OF THE WEBSITE, PRODUCTS OR CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEBSITE AND/OR ANY LINKS TO WEBSITES, THIRD PARTY WEBSITES OR ANY THIRD PARTY’S INFORMATION, PRODUCTS OR SERVICES AT YOUR OWN RISK. THE WEBSITE, PRODUCTS AND CONTENT ARE PROVIDED BY tonebase ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. tonebase DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, PRODUCTS, MATERIAL, CONTENT, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THE WEBSITE OR ON ANY OTHER WEBSITE, THIRD PARTY WEBSITE OR THIRD PARTYS’ INFORMATION, PRODUCTS OR SERVICES. tonebase DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR MESSAGES SENT FROM tonebase OR THE WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. tonebase SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE ACCESS TO AND/OR USE OF THE WEBSITE, CONTENT OR PRODUCTS OR ANY MATERIAL, THIRD PARTY MATERIAL, PRODUCT, SERVICE OR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. tonebase IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE OR ANY CONTENT OR PRODUCTS DOWNLOADED THROUGH THE WEBSITE AND MAKES NO CLAIM THAT THE WEBSITE IS COMPATIBLE WITH ALL BROWSER SOFTWARE. tonebase IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARDWARE OR SOFTWARE DAMAGE CAUSED THROUGH USAGE OF THE WEBSITE, CONTENT OR PRODUCTS, NOR IS IT RESPONSIBLE FOR THE SECURITY OF INFORMATION PASSED ELECTRONICALLY TO THE WEBSITE. IN ANY EVENT, tonebase’S LIABILTY IS LIMITED TO THE AMOUNT OF MONEY PAID BY YOU TO tonebase OR ITS AFFILIATES UNDER THE WEBSITE IN THE LAST SIX (6) MONTHS PRIOR TO THE CLAIM BECOMING KNOWN OR AS OTHERWISE PERMITTED BY APPLICABLE LAW.
THE INFORMATION CONTAINED ON THE WEBSITE AND IN ANY RESPONSES TO YOU ARE INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY, AND ARE NOT CONFIDENTIAL. INFORMATION TRANSMITTED TO THE WEBSITE IS NOT ENCRYPTED. ANY INFORMATION YOU PROVIDE YOU DO AT YOUR OWN RISK.
By accessing and visiting the Website, you agree that the Terms shall be governed and construed in accordance with the laws of Connecticut, without regard to principles of conflict of law.
YOU AND ALL PARTIES TO THE TERMS AGREE TO ARBITRATE ANY CLAIM, DISPUTE, OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATING TO THE WEBSITE, CONTENT AND/OR PRODUCTS. BY AGREEING TO ARBITRATION, YOU AND ALL PARTIES UNDERSTAND AND AGREE THAT YOU AND THEY ARE WAIVING YOUR AND THEIR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE YOUR OR THEIR DISPUTES.
Notification of Claims of Infringement
If you believe that someone else has uploaded your copyrighted content without your permission, please submit the following information pursuant to 17 U.S.C. (512(c)(3)(A)(i-vi)):
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Information We Collect
When you interact with us through the Website, we may collect personally identifiable data (“Personal Data”) and other information from you, as further described below.
We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Website, or use certain Products.
When you interact with tonebase through the Website, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. tonebase may store such information itself or such information may be included in databases owned and maintained by tonebase affiliates, agents or service providers. tonebase may use such information and pool it with other information to track, for example, the total number of visitors to our Website, the number of visitors to each page of our Website, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.
In an ongoing effort to better understand and serve the users of the Website, tonebase often conducts research on its customer demographics, interests and behavior based on the Personal Data, and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and tonebase may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. tonebase may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time by contacting us. To do so, please send an email with your name, mailing address and email address to [email protected] You can do the following by contacting us via the email address above or phone number provided below: (a) see what data we have about you, if any; (b) change/correct any data we have about you (c) have us delete any data we have about you (d) express any concern you have about our use of your data.
We take reasonable precautions to protect your sensitive personal information. When you submit sensitive personal information via the Website or an Affiliate’s website, we take reasonable steps to protect such information. If we collect sensitive personal information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also make reasonable efforts to protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. We take reasonable efforts to require that any third party provider we contract with stores personally identifiable information in a secure environment.
Disclosure of Personal Information to Third Parties
We restrict access to non-public personal information submitted by you on the Website to those employees and other third parties who need to know the information in order for us to provide certain services to you. We will not disclose the personal information you provide to us to any third party without your consent, except (a) as required by law; (b) to our independent contractor(s) who host, maintain or service the Website, and (c) to service providers and Affiliates where the disclosure will enable that party to perform business, professional or technical support.
Receiving Promotional Materials
We may send you information or materials such as newsletters by e-mail or postal mail when you submit addresses via the Website. If you do not want to receive promotional information or material, please send an email with your name, mailing address and email address to [email protected] When we receive your request, we may take reasonable steps to remove your name from such lists.
If you are a California USA resident, under California law you are entitled to information on the kinds of your personal information gathered by the Website and how this personal information may be shared with other parties and by contacting us you can review and make changes your stored personal information. To contact us for this purpose if you are a California resident, please submit a written request to the following address: tonebase, Inc., 420 Temple St., New Haven, CT 06511. Please include your name and the address to which you would like us to respond. Please allow at least thirty (30) days for a response.
Your information may be transferred to, stored and processed in the United States or any other country where we have facilities, and by providing us with your information, you consent to the transfer, storage and processing of such information outside of your state and/or country.
Contact Us: If you have questions about the Terms or if you wish that we modify or delete your personal information that we have collected, you can contact us at [email protected] or by phone at 612-578-4057 and ask for Chris Garwood.