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NOTICE:

These “Terms and Conditions” (sometimes referred to as “Terms” or “Terms and Conditions”) set forth the general terms and conditions of your use of the TZ Thrilz.com website (and TZ Thrilz App, if any) (collectively, “Site” or “Service”) and any of its related products and services (collectively, “Services”). These Terms are legally binding between you (“User”, “you” or “your”) and TZ Thrilz.com LLC (doing business as “TZ Thrilz”, “we”, “us” or “our”). If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of these Terms, you must not accept these Terms and may not access and use the Site and Services. By accessing and using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of these Terms. You acknowledge that these Terms are a contract between you and TZ Thrilz, although in electronic format and not physically signed by you, and it governs your use of the Site and Services.

BY ACCESSING THE SITE, YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THESE TERMS, WHICH APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF  YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE. THESE TERMS INCLUDE A MANDATORY ARBITRATION CLAUSE. ANY AND ALL LIMITATIONS ON LIABILITY, RELEASES, AND INDEMNIFICATIONS OF TZ Thrilz BY YOU HEREIN SHALL EXTEND AND APPLY TO TZ Thrilz’S OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES, AND SUBCONTRACTORS, AS APPLICABLE).

1.    Marketplace/Venue.  TZ Thrilz is a marketplace/venue whereby users who comply with TZ Thrilz Terms and policies may offer, sell, advertise, and buy skate, surf, ski, bike and other sporting equipment and merchandise.  TZ Thrilz does not (i) guarantee the truth, accuracy or legality of listings or sellers or purchasers’ ability to respectively sell or pay for items or (ii) warrant that a seller or purchaser will actually complete a transaction or guarantee the true identity, age, and nationality of a user. By accessing its Site, you agree that to the fullest extent protected by law, TZ Thrilz, as a marketplace/venue, is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on the Site.

 

YOU AGREE YOUR USE OF THE SITE AND SERVICES ARE AS-IS, AT YOUR OWN RISK, WITH ALL FAULTS, INCLUDING ALL LIMITATIONS SET FORTH AND REFERENCED IN THESE TERMS.   

 

2.    General:  Users and Usage.  By using the Site and Services and by agreeing to these Terms you warrant and represent that you are at least 18 years of age. TZ Thrilz is committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) and other applicable law. If you create an account on the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email and Internet protocol address to prevent further registration.  TZ Thrilz may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.  Individuals under the age of 18 must at all times use TZ Thrilz ‘s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities. 

 

You agree to comply with all applicable laws, these Terms, and TZ Thrilz policies and procedures published on the Site and elsewhere regarding online conduct and acceptable content, which may be updated from time to time in TZ Thrilz sole discretion.  To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to such Terms and policies.   

 

You are responsible for the security of your password and all activity, liability and damage resulting from any failure to maintain password confidentiality. You agree to immediately notify TZ Thrilz of any unauthorized use of your password and that TZ Thrilz is not liable for loss or damage due to your failure to keep your password secure. You are required to keep your account information up-to-date and accurate.  To sell items on the Site, you must provide and maintain valid payment information such as valid credit card information, contact information, bank account information, and/or a valid PayPal account. You may not transfer, sell or allow the use of your TZ Thrilz account or User ID information to another party. If registering as a business entity, you personally guarantee that you have the authority to bind the entity to these Terms. 

 

TZ Thrilz reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate accounts if we have reason to believe you, your Content, or use of Services have violated these Terms or our other policies. TZ Thrilz further reserves all rights in its sole discretion to manage the Site and services in such a way as to protect our rights and property and to encourage the optimal running of said Site and services.

 

3.      Fees and Services.   Setting up an account to buy or sell on the Site is free. To become a TZ Thrilz selling party, you shall submit an application with the required information on the Site.  Upon approval, such approved selling party shall submit its proposed listings to TZ Thrilz for approval, which TZ Thrilz may approve or deny its sole discretion.  TZ Thrilz  charges a percentage to the selling party, which percentage is currently in the amount of 6%, of the sale price when the item sells. When you list an item, you have an opportunity to review and accept the foregoing and any other applicable terms and fees that you will be charged. TZ Thrilz ’s billing policy, which is subject to change, is incorporated into these Terms by reference. Changes to the billing policy and the fees for TZ Thrilz ‘s services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. TZ Thrilz may also choose to make temporary or one time changes to its billing policy and fees for promotional events, which changes shall be effective upon TZ Thrilz posting of the temporary promotional event on the Site or otherwise notifying you of the change. 

 

If TZ Thrilz terminates a listing or your account, if you close your account, or if the payment of any of your TZ Thrilz fees or payments cannot be completed for any reason, you remain obligated to pay TZ Thrilz for any unpaid fees or payments plus any penalties, if applicable. YOU HEREBY AGREE THAT TZ Thrilz  MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING PAYMENTS, AND YOU WAIVE ANY AND ALL CLAIMS AGAINST TZ Thrilz FOR EXERCISING THIS RIGHT.

 

4.      Content.   Data, information or material (collectively, “Content”) that you submit on the Site is not owned by TZ Thrilz. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We reserve the right to monitor and review Content on the Site submitted or created by you using our Services.  You grant us permission to access, copy, distribute, store, transmit, reformat, display and utilize your Content as required for the purpose of providing Services to you. Without limiting anything including in these Terms, including the  representations or warranties, we have the right in our own sole discretion, but no obligation, to refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. By posting Your Content through our Services, You grant TZ Thrilz a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content. You agree not to assert any moral rights or rights of publicity against us for using your Content. TZ Thrilz  may store or re-format your Content on TZ Thrilz, and display your Content on TZ Thrilz  in any way as TZ Thrilz  chooses, including transactional information such as date of sale and final price for sales completed on the Site.   

 

TZ Thrilz will only use personal information in accordance with TZ Thrilz ‘s Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Site user. Such personal information shall only be used for that transaction or for TZ Thrilz -related communications, unless such user provides its prior express written consent.  TZ Thrilz has not granted you permission or a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without prior express consent from the user, you are not licensed to add any TZ Thrilz user to your email, physical mail, or any other similar promotional list. TZ Thrilz shall in no way be held liable for any action arising from any additional communications consented to hereunder, and You and user consent shall indemnify TZ Thrilz for any and all costs TZ Thrilz may incur arising from or attributable to any such additional use of information.  

 

You agree to hold TZ Thrilz  harmless for any dispute concerning an outside website or third- party re-posting of your Content, which shall be in addition to the limitations on liability and indemnification in these Terms.   

 

Material submitted to us by users (excluding Content and the items sold on the Site by users) (collectively, the “Material”) shall be considered non-confidential and non-proprietary, and TZ Thrilz  shall not be liable for the disclosure or use of such Material. Any communication by you to TZ Thrilz is subject to these Terms.  You hereby grant TZ Thrilz, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display or distribute, and in all other ways exploit such Material for any purpose whatsoever, without notice, compensation or accounting to you and without further recourse by you. 

 

By accessing the Site, you agree to accept that Content or other material on the Site may be offensive, harmful, inaccurate, or deceptive and expressly agree that TZ Thrilz (and its officers, directors, agents, affiliates and employees) is not responsible for any and all acts or omissions of users on TZ Thrilz. Your are encouraged to use caution and practice safe buying and selling when using the Site. TZ Thrilz  is not responsible for the availability of outside websites or resources linked to or referenced on the Site. TZ Thrilz  does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that TZ Thrilz  shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources. 

 

5.    Disputes, Arbitration.  

If you have a dispute or controversy between you and TZ Thrilz, please contact us directly.   If such dispute or controversy is not resolved, shall be submitted to and settled by arbitration in Howard County, Maryland before a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”) then in effect.  Any decision made pursuant to such arbitration shall be binding and conclusive upon the parties and judgment upon such decision may be entered in any court having jurisdiction thereof.  This paragraph shall not apply in the event that equitable or other relief not available in arbitration is sought.  . Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules.  You and TZ Thrilz agree that any cause of action related to the Site, Services or these Terms shall commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

For any disputes with another Site user or third party relating to Services, you are encouraged to contact the other party to try to resolve.  In the case of such a dispute, YOU RELEASE TZ Thrilz FROM ANY AND ALL CLAIMS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. TZ Thrilz encourages you to report any unlawful activity to the applicable authorities such as your local law enforcement, and to use certified mediation or arbitration providers.   

 

For disputes related to a proposed or completed purchase and sale, TZ Thrilz recommends the parties try to resolve with direct communication between the buyer and purchaser parties (except for disputes of which TZ Thrilz was notified within 72 hours of delivery of the item(s)).

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE TZ Thrilz FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME. 

6.    Guidelines for Sales, Payments and Refunds; Off-Site Transactions/Fee Avoidance.

Sales.  Once a product has been sold and within no less than 72 hours from the time of such sale, the selling party shall (i) ship the item to the purchasing party and (ii) notify TZ Thrilz of the shipping tracking number or other identifying information, product description or other identifying information, and evidence of selling price.  

Payment and Refunds.  If you buy an item on TZ Thrilz, payment is due to TZ Thrilz at the time of such sale, which payment shall be held by TZ Thrilz until the earlier to occur of the following:  (i) 72 hours after delivery confirmation of the product to you, with no notice from the purchasing party to TZ Thrilz of any dispute or (ii) the purchasing party’s notification to TZ Thrilz of receipt and satisfaction with the product.  You expressly agree that TZ Thrilz may charge your credit card, or other payment method on file for any such payments.  If you do not notify TZ Thrilz of any dispute relating to your purchase within 72 hours of delivery to you, then TZ Thrilz may release your payment due to the selling party, and TZ Thrilz shall thereafter have no further liability with respect to such sale.  You hereby waive any and all claims against TZ Thrilz for exercising this right. Any dispute or other dissatisfaction with the product by you after such 72-hour period shall be between you and the selling party.  [Except as otherwise expressly set forth in these Terms or required by law, payments made by you are not refundable by TZ Thrilz. Refund requests are administered on a case-by-case basis and, if granted, do so at the sole discretion of TZ Thrilz or upon determination of the selling party.] Please see our Refund Policy for more details..  

Off-Site Transactions/Void Transactions/Fee Avoidance.  No sales may be carried out via private message as a means to avoid TZ Thrilz’s sales fee or applicable taxes.  Any other efforts to move sales initiated on TZ Thrilz off-site to avoid fees are strictly prohibited and may result in account suspension, termination, or legal or other further action.  Any transaction initiated on the Site, but consummated off-site will not be subject to any of TZ Thrilz’s policies or protections, and TZ Thrilz reserves the right to charge its fee for any such transactions completed off-site. TZ Thrilz further reserves the right to charge a selling fee upon finding any express intent to move a transaction off-site. You waive any and all claims against TZ Thrilz for any fees listed in this section.

7.    Communications.    By using the Services, you agree that you have an established business relationship with TZ Thrilz  and hereby waive any and all claims under any statutes, regulations, rules,  including the Telephone Consumer Protection Act (“TCPA”) as they relate to email, text message, or other covered communications from TZ Thrilz. We are not liable for TCPA or other violations caused by a carrier network failure or malfunction.  If you change or deactivate your contact information provided to us, you are required to notify us of such change.  You hereby consent to any communications from us to the fullest legal extent permissible.  Upon providing us with your contact information, you will receive further notice from us concerning future communications.  You can unsubscribe at any time from marketing emails or messages through any opt-out link or other means, or by contacting us, which shall take effect within a reasonable time.    

8.   TZ Thrilz ‘s Intellectual Property[; Access and Interference].   Except as otherwise indicated, all source coding, databases, logos, designs, page headers, button icons, scripts, and media of any kind are considered intellectual and proprietary information (“intellectual property”). Such intellectual information is under our ownership and protected by local, state, national, and international laws and will be defended.  No intellectual property is permitted to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.

 

[ Access and Interference. TZ Thrilz  may contain robot exclusion headers which contain internal rules for software usage. Much of the information on TZ Thrilz  is updated on a real-time basis and is proprietary or is licensed to TZ Thrilz by TZ Thrilz ‘s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access TZ Thrilz for any purpose whatsoever, except to the extent expressly permitted by TZ Thrilz ‘s with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in TZ Thrilz ‘s sole discretion, an unreasonable or disproportionately large load on TZ Thrilz ‘s infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass TZ Thrilz ‘s robot exclusion headers or other measures TZ Thrilz  may use to prevent or restrict access to TZ Thrilz.] 

 

9.   Breach of these Terms and Other Policies.    Without notice, TZ Thrilz may remove Content, issue a warning to a user or other users or TZ Thrilz ‘s community of a user’s actions,, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) TZ Thrilz  suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached these Terms and Conditions, including the Privacy Policy, Intellectual Property Policy, the Community Rules or other policies and community guidelines incorporated herein; (b) TZ Thrilz  is unable to verify or authenticate any of your personal information or Content; (c) TZ Thrilz  believes that a user is acting inconsistently with the letter or spirit of TZ Thrilz ‘s Community Rules or policies; or (d) TZ Thrilz  believes a user has engaged in improper or fraudulent activity in connection with TZ Thrilz  or the actions may cause legal liability or financial loss to TZ Thrilz ‘s users or to TZ Thrilz . Notwithstanding the foregoing, TZ Thrilz  retains the right to suspend or terminate a user should we have reason to believe you, your Content, or your use of our Services have violated our Terms and policies.  Use of the Site is a privilege, not a right. 

 

10.   “AS-IS”  DISCLAIMER.   IT IS RECOGNIZED TO YOU, AS A USER OF THE SITE AND SERVICES OFFERED,  THAT THEY ARE PROVIDED ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, INCLUDING FAULTS AND DEFECTS WITHOUT WARRANTY.

 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TZ Thrilz ON ITS OWN BEHALF AND THOSE OF ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SAID WEBSITE AND ANY SERVICES OFFERED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND, THAT THE CONTENT OR ANY SERVICES PROVIDED WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, DEVICES, OR SERVICES, INCLUDING OPERATING WITHOUT INTERRUPTION, OR MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR AND BUG-FREE FROM ANY DEFECTS THAT CAN OR WILL BE CORRECTED.

 

Without limiting the foregoing, we do not make any representation or warranty of any kind, express or limited, in regard to the following:

 

  • The operation or availability of the site or any services, or the content, and materials or products included herein;
  • The site or any services being uninterrupted or bug-free;
  • The accuracy, reliability, or currency of any information or content provided through the site or services; and
  • The site or services, servers, content, or e-mails sent on behalf of our company is free of viruses, scripts, trojan horses, worms, malware, timebombs, or any other harmful code.

 

TZ Thrilz  does not guarantee continuous, uninterrupted access to the Site and no additional representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside TZ Thrilz ‘s control. 

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent under applicable law.

 

 

11.      Limitation of Liability.    TZ Thrilz SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SITE USE, TZ Thrilz SERVICES, OR THESE TERMS, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. TZ Thrilz LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO TZ Thrilz IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

 

14.   Indemnity. YOU AGREE TO INDEMNIFY AND HOLD TZ Thrilz AND (AS APPLICABLE) TZ Thrilz’s AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS, TZ Thrilz PRIVACY POLICY, OTHER TERMS POLICIES, AR ANY DOCUMENTS INCORPORATED BY REFERENCE IN THE FOREGOING, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES. We reserve the right to handle our legal defense in our sole discretion, even if you have the duty to indemnify us, in which case you agree to cooperate so we can carry out our legal and related strategy. 

 

15.  Third Party Intellectual Property.   It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. 

If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us by any of the contact details mentioned herein and include a detailed description of the alleged infringement. If any request is made, and it is determined that you are not the owner of the intellectual property or do not have the authority to act on the owner’s behalf, you may be held accountable for damages which may also include costs related to attorneys’ fees for such misrepresentation. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyrighted work; (ii) A description of the copyrighted work that you claim has been infringed, including the URL(s) where the copyrighted work exists or a copy of the copyrighted work; (iii) Your contact details including a personal name, address, phone number, and an e-mail address; (iv)  A statement that the copyright infringement is not authorized and that the request to remove the copyrighted work is in good faith; and (v) A statement by you, with language that includes “under penalty of perjury,” that the information included in the infringement removal is accurate. 

Upon receipt of a copyright infringement notification, we will take whatever steps are required to remove the copyrighted content from the website or the services and reserve the right to remove users from the Site who violate these Terms. 

 

16.    Modified Equipment.  Users selling modified equipment or items may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but TZ Thrilz  will apply its intellectual property policy in the enforcement of legitimate trademarks. As a user, you are prohibited in all respects from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s). 

 

17.    TZ Thrilz  Integrations.   TZ Thrilz  integrations are provided “as is” and with all faults. Your use of TZ Thrilz integrations indicates your approval of these Terms.  YOU AGREE THAT YOU SHALL NOT UTILIZE TZ Thrilz INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS. By using TZ Thrilz  integrations, you acknowledge that TZ Thrilz  is providing an integration of the TZ Thrilz.com platform with third party platforms providing e-commerce and other digital services (collectively, “Third Party Service Providers”). You are subject to all applicable Third Party Service Providers’ terms of service by your use of TZ Thrilz  integrations. During TZ Thrilz provision of such integrations, maintenance, design, content and compliance with federal, state and local laws remains your responsibility as a TZ Thrilz  integrations user. You hereby waive any and all claims against TZ Thrilz related to the use, maintenance, design and content of your TZ Thrilz  integrations and acknowledge that you are responsible for compliance with applicable federal, state and local laws for your TZ Thrilz integrations use. You agree to indemnify and hold TZ Thrilz  harmless for any third party claims or complaints associated with your use of TZ Thrilz  integrations.  

 

18.    Legal Compliance and Taxes.   You shall comply with all applicable laws, statutes, ordinances and regulations (international and domestic) relating to Site use and any TZ Thrilz  service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items.  You are responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on TZ Thrilz ‘s net income), including, without limitation, sales and/or use taxes applicable in each jurisdiction.  Such responsibility may include applicable customs and fees for import and export sales; TZ Thrilz assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through TZ Thrilz.  Internal Revenue Service regulations require that we report certain annual gross sales information for sellers located in the United States or being paid in USD in certain circumstances, and sellers are required to provide taxpayer-identification information to TZ Thrilz in order for TZ Thrilz to comply with TZ Thrilz reporting requirements. TZ Thrilz  is not responsible, in any manner, for paying taxes on your earnings or your use of the Site. TZ Thrilz does not provide tax advice and recommends that you contact a tax professional to determine your tax liability. 

 

19.   No Agency. You and TZ Thrilz  are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. 

 

20.   Modification of Service or Terms and Policies. TZ Thrilz reserves the right to modify or terminate the TZ Thrilz Services for any reason, without notice, at any time, to the maximum extent permitted by law. TZ Thrilz  reserves the right to alter these Terms, including the Privacy Policy, any ethics or community rules or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice. 

 

21.   Governing Law.   These Terms shall in all respects be interpreted and construed with and by the laws of the State of Maryland, excluding its conflicts of laws rules, and the United States of America. 

 

22.   Survival. All Sections which are intended by their terms to survive the expiration of these Terms shall survive any termination or expiration of these Terms. 

 

23.   Notices.  Except as explicitly stated otherwise, for any notices to TZ Thrilz, such shall be given by postal mail to TZ Thrilz ; Attn: 10490 Little Patuxent Parkway, Maryland or, for notices to you, to the email address you provide to TZ Thrilz  (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, TZ Thrilz may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TZ Thrilz . In such case, notice shall be deemed given three days after the date of mailing. 

 

24. Disclosures. The services hereunder are offered by TZ Thrilz.com LLC, located at 10490 Little Patuxent Parkway, Maryland.  If you are a Maryland resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Effective Date: August 25, 2023; Updated: August 30, 2023.