Tozmoz

Terms of Service

NOTICE TO ALL USERS: PLEASE CAREFULLY READ THESE TERMS OF SERVICE ("TERMS") BEFORE USING THIS WEB SITE, THE TOZMOZ SERVICE, OR ANY OTHER CONTENT ACCESSIBLE ON OR THROUGH THIS WEB SITE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

1. The Site and Service

1.1. Tozmoz.com (the “Site”) is owned and operated by OAC LLC doing business as Tozmoz (“Tozmoz” or “we”, “our” or “us”). We offer a service (the “Service”) which connects buyers of goods and services (“Buyers”) with sellers of goods and services (“Merchants”). Merchants provide us with certain promotional offers (each a “Deal”), usually offering a discount for specified goods or services, and we make these Deals available through the Site. Tozmoz oversees collection of payment on behalf of the Merchant from the Buyer. Upon confirmation of payment, Tozmoz will, again on behalf of the Merchant, issue the Buyer a voucher authentication number (“Voucher”) redeemable for the applicable goods or services.

1.2. Whether you are a Merchant or a Buyer, these Terms apply to you, unless otherwise specified in these Terms. Accordingly, whether you are a Merchant or a Buyer, you will hereafter be referred to sometimes as “you” or “User.”

1.3. These Terms incorporate the Privacy Policy located at http://www.Tozmoz.com/about/privacy.php which taken together describe the terms and conditions applicable to your use of the Site and the Service. You may not use or access the Site or the Service if you do not agree to these Terms. If you are a Merchant, your Merchant Agreement (as defined in Section 3) also applies to your use of the Site and the Service.

1.4. We reserve the right to modify or discontinue any feature or aspect of the Site or the Service at any time. We also reserve the right to change the Terms governing any User’s use of the Site and Service at any time. Any change in the Terms will be effective upon posting the changes to this Terms page, and your use of the Site after posting of the change will constitute your acceptance of such changes. Therefore, we suggest that you check back frequently to make sure you are always familiar with the current Terms. If you have a Merchant Agreement, however, changes in the current Terms will not change the corresponding terms of your Merchant Agreement unless otherwise provided in your Merchant Agreement.

1.5 We may change or discontinue the Site or Service at any time without prior notice. We reserve the right to terminate these Terms at our election and for any reason, without prior notice. Your rights under these Terms will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Service. Any Voucher issued prior to termination will be honored according to its terms and the terms hereof specifically applicable to the Voucher.

2. Terms That Apply Only to Buyers

2.1. Most Deals come with limitations. Buyers need to read the applicable terms of the relevant Deal. For example, Deals frequently are not available for use or redemption by individuals located outside the United States. Similarly, Deals for goods or services purchased at discount prices are often also subject to time limits or other restrictions which may require the Buyer to complete the transaction within a certain time frame or in a certain manner in order to receive the benefit of the Deal. We will use reasonable efforts to make any limitations known to you when we post the Deal. You will not be able to redeem any Voucher in violation of the restrictions governing the Deal, and funds paid for such a Voucher will be non-refundable except as otherwise expressly provided in these Terms. Without limiting the other provisions of this Section 2, you should be aware that, unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

• There is no cash value for any Voucher

• No cash back will be issued for partial redemption of a Voucher, except as required by law

• Use of a Voucher for alcoholic beverages is at the sole discretion of the merchant (which may be limited by applicable state law), unless otherwise noted on the Voucher

• There is a limit of one Voucher per person per Deal

• To the extent allowed by law, Vouchers may be gifted or sold. However, Users purchasing multiple Vouchers for the purpose of reselling may have their accounts frozen and may be banned from participating in future Deals.

• Each Voucher authentication number and password is only usable once. You are responsible for keeping your Voucher number and password secure. We recommend that you print your Voucher and password keeping it in a safe place. Neither Tozmoz nor Merchant is responsible for lost or stolen Vouchers or a Voucher reference number and password

• Vouchers cannot be combined with any other coupons or promotions

• Vouchers cannot be used for sales taxes, tips, prior balances, shipping or handling, as applicable.

• Your Voucher also does not include any applicable gratuities – please remember that and tip accordingly.

• Duplicate or fraudulent attempted use of a Voucher and/or password is prohibited and will be prosecuted to the full extent of the law.

2.2. Certain state or federal laws may limit the ability of a Merchant to set expiration dates or charge fees against a Voucher. If you are purchasing a Voucher in a jurisdiction which limits the Merchant in this manner, the Voucher will be limited to the maximum extent permitted by applicable law, but no more.

2.3. The value of each Voucher is the amount the Buyer actually paid for it. It is not the face value of the goods or services specified by the Voucher.

2.4 Unless otherwise stated in the Voucher, a Buyer will have a period of 14 days from the issuance of the Voucher and password to obtain a refund for unused Vouchers from Tozmoz, and we encourage each Buyer to use your Voucher during this 14 day period. To obtain a refund, you must request your refund by contacting Tozmoz within such 14 day period at support@Tozmoz.com indicating that you are requesting a refund. By requesting a refund, you represent and warrant to Tozmoz that you have not used, sold, gifted or otherwise transferred the Voucher and that you have destroyed any printed copies of the Voucher and that you will not attempt to use the Voucher or the Voucher number and password. You may also be required to comply with Tozmoz’s Refund Policy in effect from time to time. If you breach any of these representations, you authorize Tozmoz to charge your credit card for the amount refunded. Except as set forth in this Section 2.4, all Vouchers will be nonrefundable by Tozmoz for any reason. After the 14 day period described above, Buyers may only request refunds directly from the Merchant, but Merchants will have no obligation to issue a refund and any refund shall be at the sole discretion of the Merchant.

2.5. Tozmoz is an intermediary and agent of the Merchant. The Merchant, not Tozmoz, is the seller of the Voucher and the related goods and services and is solely responsible for redeeming any Voucher you purchase. Tozmoz will not be responsible for the Merchant’s fulfillment of its obligations under the Voucher. We do not guarantee any issuance of refunds or credits for Vouchers or the related goods and services, and Buyer needs to obtain those from the Merchant, if applicable. Tozmoz will not have any liability to Buyer arising out of the Voucher or the services or goods corresponding to the Voucher.

2.6. Tozmoz will determine Buyer’s compliance with these Terms in its sole discretion. Tozmoz reserves the right to restrict, suspend, deny or terminate access to all or part of the Site or Service by any Buyer and to deny access to any Buyer in its sole discretion without notice or liability of any kind.

3. Terms That Apply Only to Merchants

3.1. Each Merchant is required to submit a signed written agreement ("Merchant Agreement") that upon execution by us will, together with these Terms, apply to all Deals that are published through the Service. Any provision of a Merchant Agreement that has been signed by us and expressly overrides a provision of these Terms will take precedence over such provision of these Terms, but these Terms will otherwise govern the relationship between the Merchant and Tozmoz.

3.2. For each specific Deal the Merchant wishes Tozmoz to publish, the Merchant will need to provide Tozmoz information requested via phone, email, Fax, or online submission form; provided, however, that Tozmoz reserves the right, for any reason, to decline to publish any Deal submitted by a Merchant. It is the Merchant’s responsibility for submitting accurate information regarding a Deal, as we do not independently verify any of the information provided.

3.3. Merchant hereby appoints Tozmoz as its limited agent, solely for the purposes of (i) promoting those Deals described in the Deal Schedules, (ii) collecting payment on behalf of Merchant for the Deals, and (iii) issuing Vouchers in accordance with the terms specified in the Order Schedule to Buyers that have purchased the Vouchers.

3.4. Merchant agrees that Tozmoz may use the Merchant’s name and brand information in connection with making available and promoting any Deal by that Merchant and identifying Merchant as a party that sells or has sold goods or services through the Site. The Merchant agrees to allow Tozmoz to use photographs of the Merchant’s business or merchandise and information such as, but not limited to reviews and comments gathered from Internet websites about the Merchant and/or its business, merchandise or services for all media/publicity purposes. Tozmoz will use reasonable efforts to comply with any trademark guidelines provided by Merchant to Tozmoz. Any goodwill resulting from Tozmoz’ use of the Merchant’s trademarks shall inure to the benefit of Merchant.

3.5. Merchant represents and warrants that: (i) it will honor the terms of all purchased Deals in a prompt and professional manner, (ii) it will not impose any term on any Deal which is not set forth in the applicable Merchant Agreement or Voucher or which is not applicable by virtue of Section 2 of these Terms, or which is in violation of applicable law, (iii) it will have and grant sufficient intellectual property rights in any content which it provides to Tozmoz (including, without limitation any logo or photograph) to allow Tozmoz to copy, publish, disclose and display such content on the Site and as otherwise necessary to promote and fulfill the Deal, and (iv) it shall collect and use personal information from Buyers only in accordance with applicable law and the terms and conditions of the Privacy Policy.

3.6. Tozmoz and Merchant will pay one another any applicable fees as set forth in the Merchant Agreement. The Merchant acknowledges that payments from Tozmoz shall be reduced by any amounts refunded or reimbursed by Tozmoz with respect to a Voucher, whether pursuant to Section 2.4 of these Terms or otherwise in our discretion. Each party shall otherwise bear any and all of its own costs in performing or receiving the Services and fulfilling any Deal.

3.7. With the sole exception of taxes on Tozmoz’ net income, Merchant is responsible for collecting from Buyer and paying any and all taxes and fees, including, without limitation, sales, use, gross income and value added taxes, associated with the Services or the fulfillment of any Deal.

3.8. The Merchant acknowledges that the availability of Services shall be on a first-come, first-serve basis. Tozmoz shall not, under any circumstance, be liable to the Merchant for lack of availability of the Site, nor for any interruption of the Services for any reason. Merchant further acknowledges that Tozmoz is under no obligation to display or keep open any Deal.

4. User Information and Account Security

4.1. In order to use the Site or to access the Service, you may be required to provide personal information (such as identification or contact information) as part of the registration process, or as part of your continued use of the Site and the Service. You agree that any registration information you give to Tozmoz will be accurate, correct and up to date. Please refer to our Privacy Policy for information regarding our collection and use of your personal information.

4.2. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. You will be solely responsible for all activities that occur by any user logged in using your account login or password. If you become aware of any unauthorized use of your password or of your account, you agree to notify Tozmoz immediately at support@Tozmoz.com

4.3. Tozmoz will generally communicate with you by electronic means, such as email. As a User, you give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4.4. Tozmoz does not knowingly collect any information from persons under the age of 13. If we determine that any content has been uploaded to the Site by someone under the age of 13, it will be removed. If you are between the ages of 13 and 18, please ask your parent’s permission before using the Site and the Service. Some Deals may be subject to further age limitations.

4.5. Merchants agree that their Merchant Agreements are confidential, and that they will not disclose them to any third party other than their accountants and attorneys as reasonably necessary for professional services. Merchants acknowledge that much of the information that they submit to us is submitted precisely for the purpose of disclosure in a variety of ways by Tozmoz, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. Any communications between you and Tozmoz, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Site or Service will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

5. Acceptable Use and Third Party Links

5.1. User shall not use this Site or the Service for any purpose that is in violation of applicable laws, rules or regulations or that is prohibited by these Terms. The actions that are prohibited include, without limitation, transmitting or uploading material that (i) is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) violates, misappropriates or infringes upon the rights of others in any way, (iii) that encourages others to commit unlawful acts, (iv) contains advertising, publicity, or solicitation for a product or services that did not receive prior written approval from Tozmoz, or (v) inhibits other Users from using or enjoying the Site.

5.2. The Site may contain hyperlinks to third party websites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and may have different practices and requirements than the Site. Tozmoz has no knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any Other Site, which you use at your own risk. The terms of service and privacy policy of any Other Sites shall apply to your access and use of them and you should familiarize yourself with those documents. Tozmoz accepts no responsibility for the content or conduct of Other Sites.

5.3 Tozmoz shall have the right, but not the obligation, to monitor the content of the Site at all times to determine compliance with these Terms and any operating rules established by us, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Tozmoz shall have the right, but not the obligation, to remove any material that Tozmoz, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

6. Intellectual Property

6.1. All content and software on the Site is the property of Tozmoz, its affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you receive specific permission to do so in a separate written agreement from Tozmoz or the owners of the content. Unauthorized use of any content displayed by Tozmoz is a violation of United States and international copyright laws.

6.2. User acknowledges and agrees that OAC LLC is the sole owner of all rights, including copyright, trademark and other intellectual property rights, in the mark “Tozmoz”.

7. Disclaimer of Warranties.

7.1.THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, ALL CONTENT, AND THE DEALS AND VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TOZMOZ AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO: (A) THE SITE; (B) THE SERVICE; (C) THE DEALS OR VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE; (D) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY; (E) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL, OR DATA TRANSMITTED BY USERS TO THE SITE; OR (F) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. TOZMOZ DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.2. TOZMOZ DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SITE OR THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, TOZMOZ SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING THE SITE OR THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE SERVICES, OR THE DEALS AND VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE. FURTHER, TOZMOZ AND ITS AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE.

7.3. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION.

8. Limitation of Liability

8.1. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS, TOZMOZ FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE AS SET FORTH BELOW:

8.1.1. UNDER NO CIRCUMSTANCES SHALL TOZMOZ, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “TOZMOZ PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SITE OR THE SERVICE OR ANY DEAL; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES; (3) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY; (4) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, TOZMOZ’ LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL, IF YOU ARE A BUYER, NOT EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO TOZMOZ IN CONJUNCTION WITH THE DEAL UNDER WHICH SUCH CLAIM FIRST AROSE AND, IF YOU ARE A MERCHANT, THE TOTAL AMOUNT PAID TO YOU BY TOZMOZ IN CONJUNCTION WITH THE DEAL UNDER WHICH SUCH CLAIM FIRST AROSE.

8.1.2. THE TOZMOZ PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

8.1.3. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND THE SERVICES.

8.1.4. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TOZMOZ’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR THE SERVICE.

9. Indemnification and Release

9.1. Merchant agrees to indemnify, defend, and hold harmless each of the Tozmoz Parties from and against all third party actions, suits, losses, liabilities, claims, expenses, damages, and costs of every kind and description including reasonable legal fees (collectively, “Losses”) arising out of (i) a breach of any of its representations, warranties or covenants in these Terms or the Merchant Agreement; (ii) any claim resulting from injury or death as a result of services or goods offered by the Merchant, or (iii) any claim resulting from the Merchant’s breach of applicable law, negligence or misconduct. This obligation survives the termination or expiration of all Deals.

9.2. Buyer agrees to indemnify, defend, and hold harmless each of the Tozmoz Parties from and against all Losses arising out of Buyer’s violation of these Terms or any law, rule or regulation. To the fullest extent permitted under applicable laws, Buyer hereby releases each of the Tozmoz Parties from any and all claims or liability related to any product or service of a Merchant and any action or omission by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher

10. Miscellaneous

10.1 No agency relationship, partnership or joint venture is created nor intended to be created by these Terms or the Merchant Agreement. These Terms and the Merchant Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. These Terms and the Merchant Agreement shall be governed by and construed under Oregon law (without regard to conflicts of laws principles), regardless of whether you reside or transact business in Oregon. Subject to the arbitration provisions below, you hereby agree that the Courts of Multnomah County, Oregon, or, at either party’s option, the United States District Court for the District of Oregon, shall have jurisdiction to hear and determine any disputes between you and Tozmoz relating to the Site, the Services, any Deal, these Terms or the Merchant Agreement. You further consent in advance to such jurisdiction and waive any objection you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. These Terms, the Privacy Policy, and, for Merchants only, any signed Merchant Agreement, contain the sole and entire agreement between the parties with respect to the Site and the Service and supersede any and all other prior written or oral agreements between us. Sections 7, 8, 9, as well as any other provisions that should reasonably be expected to survive, shall survive termination of these Terms, the Merchant Agreement or any Deal, as applicable. If any provision of these Terms is held to be invalid, such event shall not affect, in any respect whatsoever, the validity of the remainder of the Terms, and the remainder shall be construed without the invalid provision so as to carry out the intent of the parties to the extent possible without the invalid provision. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right, nor shall the course of conduct between the parties modify any provision of these Terms.

10.2. Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Site or Service are incorporated by this reference into these Terms for all purposes.

10.3. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site and Service.

10.4 YOU AND TOZMOZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICE, ANY DEAL, THESE TERMS OR THE MERCHANT AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11. Arbitration Required

Except for a misuse or infringement of Tozmoz’ intellectual property, any and all disputes, controversies and claims arising out of or relating to these the Site, the Service, the Vouchers or any Deal, these Terms or the Merchant Agreement, or to the interpretation or breach of these Terms or the Merchant Agreement, or to the existence, scope, or validity of the terms or this arbitration agreement, shall be resolved by arbitration in Portland, Oregon in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.

12. Notice and Procedure For Making Claims Of Copyright Or Intellectual Property Infringement

Tozmoz respects the intellectual property of others, and we ask our Users to do the same. Tozmoz may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Tozmoz copyright agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the site;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Tozmoz’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By E-mail: support@Tozmoz.com (this will create a support ticket)
By phone: 1-888-257-0736
By mail: Tozmoz, 950 NE Hogan Dr., Gresham, OR 97030