Terms of Use

Last Revised: September 13, 2024

The website located at https://www.tiger21.com and the T21 Connect mobile and/or web application (collectively, the “Application”) is published, owned, and operated by TIGER 21, LLC (collectively with its subsidiaries, affiliates and related entities “TIGER 21,” “Owner,” “Owner,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) are entered into between you (“you” or “User”) and TIGER 21 and govern your access to and use of all TIGER 21 services offered on or as part of the Application, including, without limitation, any content or functionality made available by TIGER 21 through the Application.

These Terms include an arbitration clause. Please read the Terms carefully before you start to use the Application.

By accessing, browsing, submitting information to and/or using the Application, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms, please do not use the Application

Purpose of the Application. The Application can only be accessed and used by registered members of the Tiger 21 community. The Application is provided solely for informational purposes and the purposes of enabling communication between you and other users and between you and the Owner. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. Owner disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Application, or by anyone who may be informed of any of its contents. Moreover, the Owner is not responsible for any information or the content of any communication between users through the Application, as well as any potential liability which might arise therefrom. Any information you provide or that is collected by Owner through the Application shall be handled in accordance with the Application’s Privacy Policy, which is hereby incorporated by reference.

Use of the Application. Owner grants you a non-exclusive right to access and use the Application and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Application shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Owner to use the Application for commercial purposes. You agree to use the Application only for lawful purposes, comply with all rules governing any transactions on and through the Application and comply with applicable laws. The use of the Application and Website must comply with these Terms and policies. You must not use the Application to directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit the Content in impermissible or unauthorized manners, or in ways which harm the Owner and the Content.

User Account Responsibility. If you are given or create an account (including any password) to access the Application, you are responsible for maintaining the confidentiality of your account and your password. You agree to provide us with accurate and complete information and detail, as required, to create your account and keep it up to date. You are responsible for all activities that occur under your account and you agree to notify Owner immediately of any unauthorized use of your account. Owner is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Prohibited Uses. You agree that you will not:

Use the Application in any manner that could damage, disable, overburden, or impair the Application or interfere with any other party’s use and enjoyment of them/it;
Attempt to gain unauthorized access to any Application account, computer systems or networks associated with Owner or the Application;
Obtain or attempt to obtain any materials or information through the Application by any means not intentionally made available or provided by Owner;
Use any robot, spider, or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
Use the Application to post advertisements;
Use the Application to post or share material that is inappropriate or that could reasonably be deemed defamatory, offensive, obscene, unlawful, discriminatory, threatening, abusive, slanderous, hateful or embarrassing to any person or entity;
Use the Application to harass, cause distress or inconvenience to, or infringe, misappropriate or otherwise violates the rights of, another person;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attack or hack the Application via a denial-of-service attack,a distributed denial-of-service attack or in some other manner; or
Impersonate or attempt to impersonate Owner, an Owner employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the services or make them available to any third party.
Use the Application or the services for any purpose other than as permitted in these Terms.
Copy, modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer the Application.

Use of the Application for any purpose in violation of local, state, provincial, national or international laws or to solicit others to perform or participate in any unlawful acts.

Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls. You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from Owner, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to Owner, you knowingly consent to such communications from or on behalf of Owner or for Owner to use your cell phone number or mobile device number in accordance with Owner’s Privacy Policy. You have the right to withdraw your consent regarding any form of communication mentioned in this section, intended for promotional or marketing purposes, at any time. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to Owner, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions provided in our communications to you.

Not all mobile devices or handsets may be supported by the TIGER 21 mobile application. Owner and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of agreeing to receive such messages from Owner.

Terms and Limitations of the Mobile Application

The “Mobile Features” are the features of the Application that you may use or access through your mobile device. Mobile device carriers may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, mobile device carriers may charge you for standard messaging, data, and other fees to participate in Mobile Features. Tiger 21 assumes no responsibility or liability for any fees or charges you incur when using the Mobile Features. You are solely responsible for any fees or charges that may apply with respect to the Mobile Features, as well as determining what plans are available and how much they cost.

You acknowledge and agree that your use of the Application is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the Application operates (e.g., Apple iOS).

By choosing to use the Application and associated content, you represent and agree not to download or use the Application in an incompatible or unauthorized device. Tiger 21 expressly disclaims any liability arising from your use of the Application on an incompatible mobile device or in the event that you download the wrong version of the Application considering the characteristics of your mobile device. Tiger 21 reserves the right to terminate your use of the Application or any other aspect of the Application should you use the Application with an incompatible or unauthorized device.

App Store Sourced Application.

a. With respect to the Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (A) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) that you own or control; and (B) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Tiger 21 reserves all rights in and to the Application not expressly granted to you under these Terms.
b. Acknowledgement. You acknowledge and agree that (A) these Terms are valid between you and Tiger 21 only, (B) Apple is not a party to these Terms other than as a third-party beneficiary as contemplated below, and (C) Tiger 21, not Apple, is solely responsible for the App Store Sourced Application content.
c. Scope of License. The license granted to you for the App Store Sourced Application is limited to a non-transferable license to use the App Store Sources Application on any Apple device that you own or control and only as permitted by the Usage Rules.
d. Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application. Tiger 21 is solely responsible for providing any maintenance and support services with respect to the App Store Sourced Application, as specified herein or as required under applicable law.
e. Warranty. Tiger 21 is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App Store Sourced Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Tiger 21’s sole responsibility.
f. Product Claims. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you and Tiger 21 acknowledge that Tiger 21, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App Store Sourced Application or your possession and/or use thereof, including, but not limited, to: (A) product liability claims, (B) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.
g. Intellectual Property Rights. You and Tiger 21 acknowledge and agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. Tiger 21 is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
h. Legal Compliance. You represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. For Canadian Residents Only: You represent and warrant that (A) you are not located in a country that is subject to sanctions under the United Nations Act (Canada) or Special Economic Measures Act (Canada); and (B) you are not listed on any Canadian Government list of prohibited or restricted persons.
i. Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this subsection of the Terms regarding App Store Sourced Applications, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this subsection of the Terms regarding App Store Sourced Applications against you as a third-party beneficiary thereof.

Third-party Websites. The Application may contain links to websites controlled or operated by persons and companies other than Owner (“Linked Sites”). Linked Sites are independent entities which are not under the control of Owner, and Owner is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Owner is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Owner is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Owner of the website or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support Owner or are identified in the Application, including any delivery of and payment for goods and services.

Third-party Applications. You acknowledge that your access and use of any third-party applications or software available on or through our Application and Content (the “Third-party Applications”) is at your discretion and risk, and Owner has no liability to you arising from your use of the Third-party Applications which are independent entities and are not under the control of the Owner. Owner hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, accessibility, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold Owner harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.

Linking to the Application and Social Media Features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Application may provide certain social media features that enable you to:

Link from your own or certain third-party apps to certain Content on this Application;
Send emails or other communications with certain Content, or links to certain Content, on this Application;
Cause portions of Content on this Application to be displayed or appear to be displayed on your own or certain third-party apps.

You may use the feature solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any app that is not owned by you
Cause our Application or any portion of it to be displayed, or appear to be displayed on any other app;
Link to any part of the Application other than the homepage;
Otherwise take any action with respect to the Content on this Application that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in our efforts to cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Application, and upon receipt of such request, you shall immediately remove such link. Failing to comply with a notice to remove a link to the Application may result in the termination of this Agreement by the Owner for breach of these Terms. We may also disable all or any social media features and any link at any time without notice in our sole discretion.

Intellectual Property Notices. The Application and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Application or Content in any manner, except as expressly permitted by Owner in these Terms. The Application or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Owner or the applicable owner.

Copyright. You should assume that everything you see or read on the Application is copyrighted unless otherwise noted and may not be used without the written permission of Owner. Owner neither warrants nor represents that your use of materials displayed on the Application will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Application is either property of, or used with permission by, Owner. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by the respective rightsholder, either under these Terms or elsewhere on the Application. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. For Canadian Residents Only: This section applies not only to content, images, photographs, data, illustrations, but also to text, designs, files, software, specifications, titles, names or all other materials displayed on Tiger 21’s App.

Trademark. Except in accordance with these Terms, nothing contained on Tiger 21’s Application should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on Tiger 21’s Application without the written permission of Tiger 21 or such third party that may own a trademark displayed on Tiger 21’s App. Your misuse of Tiger 21’s trademark(s) displayed on Tiger 21’s Application, or any other Content on Tiger 21’s Application, except as provided herein, is strictly prohibited.

Your Content. Any Content you create or own or to which you have a license and use on the Application is Your Content. In sharing Your Content on the Application, you warrant and represent you have the legal right to use Your Content and grant Owner an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Application services as described in these Terms and in any posted policies on the Application. The Application services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Owner systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Application. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Owner or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

For Canadian Residents Only: By submitting Your Content, you declare and warrant that (a) you have the necessary rights to submit Your Content and grant the licence referenced above; and (b) Your Content will not (i) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (ii) violate any law, statute, ordinance, or regulation; (iii) be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (iv) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal or other information, or that facilitate or enable such or that are intended to do any of the foregoing; or (v) constitute disclosure of any confidential information owned by any third party.

NOTE: YOU ARE PROHIBITTED FROM POSTING OR SHARING ANY CONTENT THAT CONSTITUTES A “PROHIBITTED USE” AS IDENTIFIED HEREIN, OR FROM ANY OBJECTIONABLE CONTENT WHICH INCLUDES, BUT IS NOT LIMITED TO, CONTENT THAT CONSTITUTES OR PROMOTES ILLEGAL ACTIVITY, INTELLECTUAL PROPERTY THEFT, SEXUALLY EXPLICIT MATERIAL, HARRASSMENT, INTIMIDATION, OR ANY VIOLATION OF THESE TERMS.

Questions regarding the use of any intellectual property provided on the Application should be directed to itsupport@tiger21.com.

Global Use of Application. Access to the Application may not be legal by certain persons or in certain countries. You are responsible for complying with your jurisdiction’s laws and regulations relating to use of Applications such as ours.

Disclaimer. ALL INFORMATION OR SERVICES PROVIDED BY OWNER TO YOU VIA THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. OWNER AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, OWNER AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE APPLICATION OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE APPLICATION. YOU SPECIFICALLY ACKNOWLEDGE THAT OWNER AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE APPLICATION AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER OWNER NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE APPLICATION WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. OWNER FURTHER MAKES NO WARRANTY THAT THE APPLICATION WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT OWNER, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE APPLICATION OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST OWNER FOR DISSATISFACTION WITH THE APPLICATION OR THE CONTENT IS TO CEASE YOUR USE OF THE APPLICATION AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL OWNER OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE APPLICATION, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE APPLICATION OR ANY HYPERLINKED APPLICATION, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE APPLICATION, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF OWNER OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE APPLICATION SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.” SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN ANY CASE, OWNER’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO OWNER FOR THE APPLICATION IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Indemnity. You agree to defend, indemnify and hold harmless Owner and its affiliates, directors, officers, employees, agents, licensors and service providers (collectively, “Owner Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of the Owner Indemnitees arising out of or relating to your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the Application, or from any other use of the Application, including, but not limited to, any use of the Application Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Application. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Owner Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs, to the extent permitted by the applicable laws. Notwithstanding any of the foregoing, Owner reserves the right to assume the exclusive defense and control of any proceeding that relates to Owner, the Application, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Owner in our defense thereof.

Termination and Restriction of Access. The Owner may terminate or suspend your access to the Application for breach of these Terms or for any other justified reason under the applicable law, with or without prior notice. The Owner may also terminate this Agreement at any time, in its sole discretion and for any reason of convenience, upon sending of a prior notice to the user of at least 10 calendar days. In case the Owner terminates this Agreement, either for reasons of convenience or due to the user’s breach of this Agreement, the user will not be able to access the Application and its Content after the termination date. Owner shall not be liable for any losses or damages arising from any such termination of service.

The user may terminate this Agreement at any time and for any reason, by ceasing to use the Application and website.

Owner shall not be liable for any losses or damages arising from any such termination of service.

For Canadian Residents Only: In the event of termination, you are no longer authorized to access the services, you may not re-register for our services, and we will use whatever means necessary to enforce this termination.

You understand and agree that upon termination of these Terms: (a) all licences granted to you under these Terms will end; and (b) we will not be liable to you for compensation, reimbursement, or damages related to your use of the services, or any termination or suspension of the services or deletion of your information or account data.

Arbitration. At its sole discretion, Owner may require you to submit any disputes arising from use of the Application, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. By using the Application, you hereby consent to submission of any dispute to be final and binding arbitration.

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE CONSUMER’S RIGHT TO CHOOSE A COURT TO FILE A CLAIM AGAINST A PROVIDER, SO THE ABOVE MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE

Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law & Jurisdiction. These Terms are governed by the laws of the State of New York, U.S.A. or in the case of Canadian residents, the laws of the province in which you reside. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in New York, New York, U.S.A. in all disputes arising out of or relating to the use of the Application, unless any mandatory legal provisions concerning jurisdiction apply. The parties have required that this agreement and all documents related to this agreement be drawn up in English. As to any ambiguities resulting from translation from English to any other language, provisions in the English language shall be controlling in all respects.

PURSUANT TO ARTICLE 6 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (“UN CONVENTION”), THE PARTIES AGREE THAT THE UN CONVENTION WILL NOT APPLY TO THESE TERMS.

Changes to these Terms. Owner may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Owner. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Application after any such change is communicated shall constitute your consent to such change(s).

Upon each revision of these Terms, and at least 10 days before the effective date, the Owner shall publish the new version of the Terms on the website and Application, which will give all users the opportunity to access the revised Terms before they become effective. Once the updated version of the Terms becomes effective, you will be bound by them if you choose to continue to use our Application or Website.

General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Owner as a result of these Terms or use of the Application. You may not assign these Terms without the prior written consent of Owner in all instances. Owner may assign these Terms, in whole or in part, at any time. Owner’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Owner’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by Owner with respect to such use.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Owner with respect to the Application, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Owner. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Owner Contact Information. Questions can be directed to Owner at itsupport@tiger21.com or https://tiger21.com/contact-us/.