Toggin Terms of Service

1. Introduction

This Terms of Use Agreement (the “Agreement” and the “Terms”) is made by and between Toggin LLC, a Michigan corporation, with offices at 31300 Orchard Lake, Suite 200, Farmington Hills, MI 48334 (“Toggin”, the “Company”, “Us”, “We” and “Our”) and you (“You,” “Your” or “User”). This Agreement contains the terms and conditions that govern your use of the Toggin Web Site, its content, the software and the associated materials made available through this website (collectively, the “Site”). Toggin is a social utility that networks you with other people and provides a collection of online resources and forums, including a marketplace, campus life forums, online games forums and the like (collectively, the “Services”). In addition, some of the Services allows you to access, submit and display postings, messages, text, files, images, photos, video, sounds or other materials (collectively, “Content”).

2. Agreement

By using the Site or Services in any way or simply by accessing the Site or Services signifies Your constructive and actual notice and knowledge of, and Your agreement to be bound by, the most current version of the Terms as posted on the Site.
From time to time, Toggin may define and post on the Site additional Service specific terms, codes of conduct or guidelines (“Guidelines”) that govern such specified Service. In the event of a discrepancy between these Terms and the Guidelines by Toggin, including the Privacy Policy, these Terms shall control. In no way shall this provision be construed to incorporate, acknowledge or make any recommendation regarding third-party Terms and Conditions, for example, terms and conditions that may govern Your use of any third-party equipment, games or Content. It is solely Your responsibility to ensure that Your use of any and all third-party equipment, games or Content is in compliance with any and all third-party requirements.

If you do not wish to be bound by this Agreement and its Terms, do not use the Site or Services. If you have already established an Account under Section 4 and You do not wish to continue to be bound by this Agreement, you should terminate Your Account in accordance with Section 15 of this Agreement.
IMPORTANT! THESE TERMS AND GUIDELINES GOVERN YOUR USE OF THIS SITE AND SERVICES, WHICH IS PROVIDED BY TOGGIN. THESE ARE SUBJECT TO CHANGE BY TOGGIN AT ANY TIME IN ITS DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND GUIDELINES EACH TIME YOU VISIT THE SITE. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.

3. Access to the Site, Services and Your Responsibilities

To access the Site or some of the Services it has to offer, you may be asked to (i) provide certain registration details or other information; and/or (ii) to establish a Toggin account specific to You (“Your Account”).
To create Your Account, Log-In and/or to participate in any Services, You must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of this Agreement. Specifically, You agree that:

A. You are a of the age of legal consent for accessing the Site and Services under the laws of any jurisdictions that apply to You. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time;

B. All information that You provide in Your registration form for the purposes of establishing Your Account is true and correct and You will promptly notify us of any changes to such information;

C. You acknowledge that in establishing Your Account You have provided us with certain personal information about You. While we normally keep this information confidential, You agree that it may be necessary, from time to time, for Us to disclose certain personal information to third parties and You consent to all such disclosures. Please see our Privacy Policy for further information;

D. Your Account is for Your sole use only and must not be used by any third party. You shall not allow any third party to use Your Account, password, Log-In or User ID to access or use the Site to arrange, enter, and/or participate in Services, or for any other purposes. We take no responsibility for any third party access to Your Account;

E. You have verified and determined that Your use of the Site Services does not violate any law or regulation in any jurisdiction that applies to You. It is Your sole responsibility to ensure that this is the case;

F. You fully understand the methods, rules and procedures of the Services, and Your use of the Site and Services will always comply fully with this Agreement, the Privacy Policy and any applicable Rules or Guidelines;

G. You will not engage in any conduct that injures or may injure the business, reputation or goodwill of Toggin;

H. Your use of the Site, Services and Your Account is for Your personal use only and it will not be used by You for commercial purposes or in the course of any trade or business;

I. You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms;

J. You shall not infringe or encroach upon Toggin’s or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets;

K. You are physically located in a U.S. State, or a jurisdiction located outside the United States, in which participation in Site or Services is not prohibited by the law of that State or jurisdiction;

L. You will not use the Site or Services for fraudulent or otherwise illegal purposes; should you learn that any User is using the Site or Services for fraudulent or otherwise illegal purposes, you will immediately notify Us in writing;

M. You understand that We may monitor Your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site and Services is illegal or restricted; and

N. You will not mask your identify in any way, including without limitation, IP masking by accessing the Site or Services over any type of Proxy Server, through IP masking software or the like.

We DO NOT warrant that our Site and/or Services are in compliance with all the laws and regulations in any localities, including Your locality. It is Your responsibility to ensure compliance with the laws and regulations of Your locale. Please be certain to use the Services and participate in the Site or Services only after You have determined in good-faith that they are in compliance with state, local and other governing laws and regulations.

4. Your Account

You may only have one (1) Account. You are prohibited from holding more than one Account. Your single Account must be registered under Your current full legal name, Your email address and your current permanent residential address. Should You attempt to create more than one (1) Account under Your current legal name or any other name, to use the Services under any other Account, or to create an Account using a name other than Your current legal name, we will be entitled to immediately terminate Your Account under Section 15 of this Agreement.

You must choose a Log-In and password during Account registration. You are solely responsible for all actions taken using Your Log-In and password. You must make every effort to keep Your password safe and should not disclose it to anyone. You shall not permit, either directly or indirectly, any other person to use Your Log-In or password. We are not responsible for any losses or problems You suffer as a result of Your disclosure of Your Log-In or password information to anyone else.

To access all or some of the Services, You must have previously established a valid Account as provided herein. Further, You must meet all the conditions described throughout these Terms. You agree and understand that We collect data relating to Your Log-In, Your use of the Services, and Your other Account activity and that some of this information may be made public.

5. Verification of Your Account Information

Toggin reserves the right (but does not undertake the obligation) to conduct a review, at any time, to validate Your Account information, collected under Section 5, to ensure that Your participation in the Site and Services do not breach this Agreement and/or any applicable law. You authorize Us and our agents to make any inquiries of You and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, You agree to provide sufficient information or documentation as Toggin, in its discretion, may request. If you do not provide such information within thirty (30) days of our request, your responses are incomplete or otherwise insufficient, or Toggin cannot verify the information applicable to Your Account submitted pursuant to Section 5, Your Account will be terminated pursuant to Section 15.

6. MARKETPLACE

A. Generally

One of the many Services Toggin provides for You once You establish an Account is the Toggin Marketplace (the “MarketPlace”). The Toggin MarketPlace provides a forum for Toggin account holders to buy, sell and exchange goods and services (conduct “Transactions”). The following terms generally describe Our role in the MarketPlace, however, please refer to the MarketPlace Guidelines for additional Toggin Policies of which You agree to by entering the MarketPlace forum.

B. Fees

We may charge a fee for you to post goods or services in the MarketPlace or once a Transaction occurs. Our fees will be explained in detail either in the MarketPlace Guidelines or when you setup your individual posting for the good or service you are selling, buying or exchanging. The fee is simply an access fee permitting your good or service to be posted. All fees paid will be non-refundable in the event that good or service is removed from the Service for violating these Terms or the MarketPlace Guidelines.

C. FEEDBACK/REVIEW SYSTEM

Under this Agreement, You accept and understand that by utilizing the MarketPlace You and Your Account will be subject to feedback and review from the other users with whom you have enter into a Transaction with.

Specifically, the Site provides a forum for MarketPlace users to post comments, feedback or ratings to rate any previous user with whom they have entered into a Transaction Upon completion of a transaction, each party will have the opportunity to submit publicly available feedback relating to the Transaction.

We will remove feedback ratings and comments:

• if such feedback ratings and comments violate the terms of this Agreement, and Toggin receives satisfactory notification of the same;

• upon mutual agreement of each user; or

• if Toggin is legally obligated by court order or Judgment, or pursuant to a settlement agreement resolving a lawsuit.

Users should use caution and good judgment when submitting feedback or ratings for another User, because:

• Feedback or ratings cannot be edited or removed once they have been submitted. Feedback and ratings generally become a permanent part of a user's record and are publicly viewable.

• Users can be held legally responsible for damages to another User's reputation if a court were to find that the feedback or ratings constitute libel or defamation. Under federal law (the Communications Decency Act) because Toggin does not censor feedback or ratings or investigate them for accuracy, Toggin is not legally responsible for the feedback or ratings that are posted on the Site, even if the feedback or ratings are defamatory. However, this Communications Decency Act does not protect any person who leaves feedback or ratings from liability.

Feedback or ratings that violate the terms of this Agreement, or that meet any of the circumstances described below, may be subject to removal.

• Toggin is provided with a valid court order finding that the disputed feedback or ratings are slanderous, libelous, defamatory or otherwise illegal.

• The feedback or ratings contain profane, vulgar, obscene, or racist language or adult Material. Inflammatory language, such as "fraud, liar, cheater, scam artist, con man" etc., while strongly discouraged, will not be removed.

• The feedback or rating contains personal identifying information about another user, including real name, address, phone number, or e-mail address.

• The feedback or rating makes reference to law enforcement organization investigation.

• The feedback or rating contains links or scripts.

• Feedback or ratings posted or submitted by a User who provided Toggin with false contact information and could not be contacted.

• Feedback or ratings posted or submitted by Users who are indefinitely suspended for certain policy violations within 90 days of registration. Toggin believes that users who are indefinitely suspended soon after registration shouldn't be able to permanently impact another Account.

• Toggin will automatically remove feedback from users indefinitely suspended within 90 days of registration. Not all suspension types qualify for automatic feedback removal.

Violations of these provisions may result in a range of actions, including without limitation, Account termination, limits on Account privileges, Account suspension and/or feedback or rating removal. Negative feedback or ratings intended for another User will be considered for removal only in situations where the user responsible for the mistaken posting informs Toggin of the error and has already placed the same feedback for the correct User.

D. Prohibited Items

You agree not to post any items on the MarketPlace that violates these Terms or any law or regulation of any jurisdiction. Toggin reserves the right to remove any posted item for any reason whatsoever.

E. Dispute Resolution

Toggin may assist, but does not incur the obligation to, with resolving any disputed Transactions between users. Additional details concerning Toggin’s role, if any, can be found in the MarketPlace Guidelines.

7. Restrictions on Use

You may use this site for purposes expressly permitted by this Site. You may not use this site for any other purpose, including any commercial purpose, without Toggin’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Toggin. For purposes of these Terms of Use, “co branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Toggin in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

8. Proprietary Information

The material and content accessible from this Site, and any other World Wide Web site owned, operated, licensed, or controlled by Toggin is the proprietary information of Toggin or the party that provided the Content to Toggin, and Toggin or the party that provided the Content to Toggin retains all right, title, and interest in this Content. Accordingly, such Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Toggin. In any event, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of this Content except as expressly provided in these Terms of Use violates Toggin’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

Trademarks, service marks, and logos appearing in this site are the property of Toggin or the party that provided the trademarks, service marks, and logos to Toggin. Toggin and any party that provided trademarks, service marks, and logos to Toggin retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

You may not copy, download, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassembly, reverse engineer, decrypt or otherwise use or exploit any software or other works or content from the Site unless We have expressly allowed You to do so. You agree that all proprietary rights, including all trademark, copyright, patent or trade secret rights, inherent in such software, works and content is owned by Us or applicable third parties.

9. Third Party Content

You understand that Content posted on, transmitted through, or linked on the Site or using the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for the Content that you post, email or otherwise make available via the Service. You understand that Toggin does not control, and is not responsible for Content made available through the Site, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Toggin site and Content available through the Site or Services may contain links to other web sites, which are independent of Toggin. Toggin makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other web site is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Toggin be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Toggin does not pre-screen or approve Content, but that Toggin shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

Although Toggin does not claim ownership of the Content that You post, by posting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Toggin an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute that Content and to prepare derivative works of, or incorporate into other works, that Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to the Site, you automatically grant Toggin all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

10. Hyper-Links, Third Party Content, Sites and Services

The Site and Content available through the Services may be hyper-linked to other sites and/or contain features and functionalities which are not maintained by, or related to, Toggin. Such links, Content and Services (including, web sites, directories, servers, systems, networks, databases, information, programs, software products or services) are provided as a service to users and are not sponsored by or affiliated with this site or Toggin. Your interactions (including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, entities or individuals.

Toggin has not reviewed any or all of such Sites, Content or Services and is not responsible therefore and such Sites, Content and Services are to be accessed at the user’s own risk. Toggin makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Toggin of that site.

11. Information OR CONTENT THAT You Provide

A. Restrictions

You may not post, send, submit, publish, or transmit in connection with this Site or Services any material that:

• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this Site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
• contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

B. Your Submissions

You hereby grant to Toggin the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Toggin through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Toggin will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Toggin operations.

Toggin will treat any personal information that you submit through this site in accordance with its Privacy Policy.

C. Right to Monitor

Toggin reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the Content of your submissions. You acknowledge and agree that neither Toggin nor any third party that provides Content to Toggin will assume or have any liability for any action or inaction by Toggin or such third party with respect to any submission.

12. We Disclaim All Obligations to You

Toggin has no obligation to check whether users are using the Site or Services in accordance with this Agreement or any other agreement. Under no circumstances shall Toggin be obligated to investigate or pursue any complaints made by a User against any other User using the Site or Services or to take any other action in connection therewith, or take any action against a User for any reason, including without limitation, for violating the terms of this Agreement. Toggin may, in its sole discretion, decide to take appropriate action against any person it suspects to be engaging in any unlawful activity or otherwise violating the terms of this Agreement, but is under no obligation to do so.

You will not be entitled to any compensation or otherwise from Us for any sums You believe to be owed to You as a result of any other User's misconduct, unlawful behavior or otherwise, whether or not the Company pursues any action against such User. It is Your sole responsibility to resolve such issues without involving Toggin.

You understand that Toggin cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Toggin does not assume any responsibility or risk for your use of the Internet.

No Content is necessarily complete and up-to-date and, accordingly, should not be used to replace any written reports, statements, or notices provided by Toggin. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

13. Release

You agree that Toggin shall not be responsible or liable for any loss or damage of any sort incurred as the result of Your use of the Site and/or Services. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that Toggin is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Toggin, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

14. We Make No Warranty

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Toggin disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Toggin does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Toggin does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Toggin may make changes or improvements at any time. You, and not Toggin, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Toggin MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

15. Limitation on Liability

TOGGIN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TOGGIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TOGGIN AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO TOGGIN FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

16. TERM AND TERMINATION

A. Generally

You may terminate Your Account at any time by giving us thirty (30) days prior written notice to the e-mail address __________.

We expressly reserve the right to terminate Your Account (including Your Log-In and password) for any reason, including without limitation, violation of any terms or conditions of this Agreement, or if You have breached any of the Terms, or Your use of the Services have been in any way improper or breach the spirit of this Agreement.

B. Termination for Latency

If Your Account experiences no activity for ninety (90) consecutive days, Your Account may be automatically terminated. You can avoid Termination and the Termination fee that may arise from latency by logginin.

17. Notification of Claims of Infringement

If You believe that the Site or any software, work or content on the Site infringes any copyright, trademark, patent, trade secret or other intellectual property right, or if You have other material concerns regarding the Site, privacy or the like, You may notify our designated agent by using the contact information below:

Agent: Claims Administrator
Email Address: _________________

18. Indemnity

You will indemnify and hold Toggin, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

19. Security

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Toggin reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Toggin reserves the right to investigate suspected violations of these Terms of Use.

Toggin reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Toggin to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TOGGIN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TOGGIN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TOGGIN OR LAW ENFORCEMENT AUTHORITIES.

20. Third Party Advertising

From time to time, Toggin may display or otherwise make available promotions, advertisements and/or offers provided by third-parties ("Third Party Promotions"). You understand and agree to hold Toggin harmless and agree that Toggin shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party.

21. Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and Michigan arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Bloomfield Hills, Michigan. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Toggin may revise these Terms of Use at any time by updating this posting.