Tribalry Terms of Use


Influence International, Inc. (referred to herein as “Tribalry”) is a social platform designed to help personal and professional groups (“tribes”) connect more powerfully than ever through tools Tribalry has developed. These Terms of Use are applicable to Tribalry’s current and future online and mobile websites, platforms, services, applications, and networks owned or operated by Tribalry, including without limitation, www.tribalry.com and/or for which Tribalry currently or in the future provides services and/or technology (the “Services”). Please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you register on or use any of the Services, including without limitation, when you view, post, or access content or videos on any of the Services. If you do not agree to these Terms of Use you should not access or use the Services. Your breach of any obligations under these Terms of Use may result in immediate suspension or termination of your access to the Services.

1. Accounts, Security, and Privacy.

1.1. You may register online to create a user account (“Your Account”) that allows you to participate in certain features on our Services and to receive information from Tribalry, including Interactive Areas. As part of the creating Your Account, you will be required to provide Tribalry with certain registration information, all of which must be accurate and updated, and which may include, without limitation, an authorized contact person’s name; business address; business phone number; facsimile number; e-mail address; etc.

1.2. To be eligible to create an account and use the Services you must meet the following qualifications. You hereby represent and warrant that you (i) are 13 years of age or older (or when the proper consent process is established have verifiable parental consent if you are under 13) ; (ii) are not currently restricted from using the Services, or not otherwise prohibited from having a Tribalry account; (iii) will only maintain one Tribalry account at any given time; (iv) have full power and authority to enter into and abide by these Terms of Use; and (v) are not a competitor of Tribalry or Corporate Alliance (www.corporatealliance.net) or not using the Services for reasons that could be deemed competitive with Tribalry or Corporate Alliance. By way of clarification, the following will be deemed competitive with Corporate Alliance or Tribalry and will result in the immediate suspension of your account. Using your Tribary account to operates business to business networking model, including, without limitation, the following entities and types of entities: Chambers of Commerce; Young Presidents’ Organizations; Entrepreneurs’ Organizations; Vistage International; Business Network International; CXO Networking; and all similar business networking companies or entities.

1.3. You hereby agree to maintain as confidential and not disclose any username or password to any person. You agree not to permit others to use your account. Tribalry may change your password at any time, provided that Tribalry shall provide you with written notice of such change prior to, or as soon as reasonably practicable after, such change.

1.4. You agree and acknowledge that under certain circumstances, Tribalry may store your IP address(es) or other information transmitted by your computer(s) or network as are reasonably necessary for Tribalry to identify you and provide access to the Services.

1.5. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.

1.6. You assume full and total responsibility for all usage or activity on Your Account, including use of Your Account by any third party, whether or not authorized by you, and agree to indemnify and hold Tribalry harmless from any claims arising from or as a result of such usage. You shall immediately notify Tribalry of any known or suspected unauthorized use of Your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your Account information and agree to fully cooperate with Tribalry in good faith and as reasonably required to remedy such security breach.

1.7. Tribalry is committed to protecting your privacy and will use the information you provide in accordance with the Tribalry Privacy Policy linked at the bottom of our webpage. You should carefully review the Tribalry Privacy Policy before using the Services or creating Your Account. You acknowledge and agree that Tribalry may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to (i) comply with legal process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce these Terms of Use; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is an individual, entity or governmental agency; (iv) respond to customer service inquiries; or (v) protect the rights, property, or personal safety of Tribalry, our users or the public.

2. User Content and Use of Services.

2.1. User Content. The Site may contain comments sections, discussion forums or threads, or other interactive features in which you may post, publish, link, or upload user-generated content, including but not limited to comments, video, photos, messages, other materials or items (collectively, “User Content”). You understand and agree that with respect to any User Content, Tribalry and the Services act merely as a passive conduit for any and all communication and/or distribution of information, and Tribalry does not control the User Content. Tribalry cannot and will not evaluate, and shall not be responsible for, the accuracy, reliability, completeness, veracity or suitability of any User Content or for verifying the identity of anyone posting, publishing, or uploading User Content. You are solely responsible for your interactions with other users. Tribalry may limit the number of connections you may have to other users and may, in certain circumstances, prohibit you from contacting other users through use of the Services or otherwise limit your use of the Services.

While Tribalry will endeavor to monitor User Content, and flag and/or remove User Content which Tribalry finds unsuitable (as determined in its sole and absolute discretion), Tribalry shall be under no obligation to do so and shall have no liability to any individual or entity for failure to monitor or remove any User Content. Prior to being granted access to post, publish, link, or upload User Content, individuals may be required to input or provide certain data or information, including but not limited to their name, email address, or other identifying information which may be displayed in connection with their User Content.

Tribalry may, in its sole discretion, remove, edit, or otherwise alter User Content. Tribalry retains and reserves the right but not the obligation, in its sole discretion, to discontinue, freeze, remove, terminate, or otherwise restrict Your Account or User Content for any reason whatsoever.

2.2. User Rules of Conduct. By Creating Your Account, submitting any User Content or participating in the Services, you agree that you will (i) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (ii) provide accurate information to us and update it as necessary; (iii) review and comply with our Privacy Policy; (iv) review and comply with notices sent by Tribalry concerning the Services; and (v) use the services in a professional manner.

By Creating Your Account, submitting any User Content or participating in the Services, you agree that you will not:

(i) Engage in any activity that would constitute a violation of any applicable local, state, federal, or other law that may constitute a criminal offense or give rise to civil liability;
(ii) Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Tribalry;
(iii) Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information that is confidential in nature;
(iv) Create a user profile for anyone other than a natural person;
(v) Harass, abuse or harm another person, including sending unwelcomed communications to others using Tribalry;
(vi) Invite people you do not know, or not have been referred to, to join your network;
(vii) Upload a profile image that is not your likeness or a head-shot photo;
(viii) Use or attempt to use another’s account without authorization from the Company, or create a false identity on Tribalry;
(ix) Upload, post, email, transmit or otherwise make available or initiate any content that (a) falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (b) is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; (c) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; (e) Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation. This prohibition includes but is not limited to using Tribalry invitations to send messages to people who don’t know you, have not been referred to you, or who are unlikely to recognize you as a known contact, using Tribalry to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission, and sending messages to distribution lists, newsgroup aliases, or group aliases; (f) contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Tribalry; and/or (g) forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;
(x) Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for purposes of creating a pyramid scheme or other similar practices.
(xi) Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Tribalry (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Tribalry;
(xii) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
(xiii) Utilize or copy information, content or any data you view on the Services and/or obtain from Tribalry to provide any service that is competitive, at Tribalry’s sole discretion;
(xiv) Adapt, modify or create derivative works based on Tribalry or technology underlying the Services, or other User Content, in whole or part;
(xv) Rent, lease, loan, trade, sell/re-sell access to Tribalry or any information therein, or the equivalent, in whole or part;
(xvi) Sell, sponsor, or otherwise monetize a service or functionality of Tribalry, without the express written permission of Tribalry.
(xvii) Remove any copyright, trademark or other proprietary rights notices contained in or on Tribalry or any of its licensors;
(xviii) Remove, cover or otherwise obscure any form of advertisement included on Tribalry;
(xix) Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Tribalry except as expressly permitted in these Terms of Use or as the owner of such information may expressly permit;
(xx) Share information of non-users without their express consent;
(xxi) Infringe or use Tribalry brand, logos and/or trademarks, including, without limitation, using the word Tribalry in any business name, email, or URL unless expressly permitted by Tribalry;
(xxii) Use manual or automated software, devices, scripts robots, other means or processes to access “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
(xxiii) Use bots or other automated methods to access Tribalry, add or download contacts, send or redirect messages, or perform other activities through Tribalry, unless explicitly permitted by Tribalry;
(xxiv) Access, via automated or manual means or processes, Tribalry for purposes of monitoring Tribalry’s availability, performance or functionality for any competitive purpose;
(xxv) Engage in “framing,” “mirroring” or otherwise simulating the appearance or function of Tribalry’s website;
(xxvi) Attempt to or actually override any security component included in or underlying the Tribalry site and software;
(xxvii) Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Tribalry’s infrastructure, including, but not limited to, sending unsolicited communications to other users or Tribalry personnel, attempting to gain unauthorized access to Tribalry, or transmitting or activating computer viruses through or on Tribalry;
(xxviii) Interfere with or disrupt or game Tribalry or the Services, including, but not limited to, any servers or networks connected to Tribalry, in particular Tribalry’s search algorithms.

2.3. License Granted to Tribalry to User Content. By submitting User Content to the Services, you automatically grant Tribalry and any of its subsidiary and/or parent companies, the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, link, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You further grant Tribalry the right, but not the obligation, to pursue at law any person or entity that violates your or Tribalry’s rights in the User Content by a breach of these Terms of Use.

2.4. Sharing of Content. Ideas and information you post or share may be seen and used by other users and Tribalry does not guarantee that other users will not use the ideas and information that you share. If you have an idea or information that you want to keep confidential, do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any feature where others can see it. Tribalry is not responsible for another user’s misuse or misappropriation of any content or information you post in any Tribalry feature.

3. Payment. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Tribalry and/or supporting third party vendors, storing your payment card information (if needed). You also agree to pay the applicable fees for the Premium Services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of any relevant subscription period during which you cancel your subscription. You also acknowledge that Tribalry’s Premium Services are subject to these Terms of Use and any additional terms related to the provision of the Premium Services.

4. Third Party Sites. Certain aspects of, or links contained on, the Services may link to websites, social media, or services operated by parties other than, and unaffiliated with, Tribalry. Such links are provided for convenience only. Tribalry does not control such third-party websites or social media and is not responsible for any content thereon, including with respect to any comments posted on such third-party websites or social media. Tribalry’s inclusion of links to such third-party websites and/or social media does not amount to or imply any endorsement or warranty of the material on such sites or media or any association with their owners or operators. You agree that Tribalry is not responsible for any such third-party websites or social media and services or any content thereon and agree to hold Tribalry harmless from any and all claims or liability arising from your use of such third-party websites, social media, or services. Any concerns or questions related to third-party websites or social media should be directed to the webmaster or other appropriate contact person for such third party.

5. Tribalry Content; Trademarks; Copyrights; Other Intellectual Property.

5.1. Property of Tribalry. Except as explicitly provided in these Terms of Use, nothing herein shall be construed as granting or conferring on you any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory), rule or regulation, including, without limitation, those related to copyright or other intellectual property rights. You acknowledge and agree that title, ownership and all rights (including intellectual property rights) in and to the content of, and materials published on, the Services are and shall remain the property of Tribalry (or such other third party that may have granted Tribalry rights in such content).

5.2. Among others, Tribalry is a registered or licensed trademark of Influence International, Inc. All of Tribalry’s trademarks, service marks, and trade names, and the goodwill associated therewith shall remain the sole and exclusive property of Tribalry and, except as otherwise explicitly provided in these Terms of Use, may not be used by you without the express prior written consent of Tribalry.

5.3. All content published, provided, and distributed by Tribalry are protected by copyright pursuant to U.S. and international copyright laws. Except as explicitly provided in these Terms of Use or with the express prior written consent of Tribalry (which may be granted or withheld in Tribalry’s sole and absolute discretion), you may not modify, publish, republish, transmit, retransmit, reproduce, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit or otherwise use, any of the content of the Services, including any images contained in the content of the Services, including but not limited to downloading or using content as stand-alone files, software or other computer-readable or computer-executable code, in whole or in part (collectively, the “Use Restrictions”). To the extent any action or use constituting a violation of the Use Restrictions is otherwise explicitly permitted or authorized pursuant to these Terms of Use, such authorization is not intended to and shall not vest in you any ownership interests or other rights of any kind beyond those expressly granted herein. Unauthorized use of the Services, including usage of the Services in violation of the Use Restrictions, shall be a material breach of these Terms of Use and may subject you to legal action. You agree to abide by any and all additional copyright notices or restrictions contained in any content accessed via the Services.

5.4. Digital Millennium Copyright Act (‘DMCA’) Notice. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by Tribalry infringe your copyright, you (or your authorized representative) may send Tribalry a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (ii) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Tribalry to locate the material on the site; (iv) the name, address, telephone number, and e-mail address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed with Tribalry against you, the DMCA permits you to send Tribalry a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov for details. Notices and counter-notices with respect to the Website should be sent to Influence International, Inc., Attn: Legal Department, 727 North 1550 East Suite 450, Orem UT 84097. Tribalry suggests that users consult their legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. It is Tribalry’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

6. Termination; Changes to Terms of Use or Services.

6.1. Termination. Tribalry may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, Tribalry shall have the right to immediately terminate Your Account in the event of any conduct by you that Tribalry, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The material provisions of these Terms of Use shall survive termination of these Terms of Use.

6.2. Changes to Terms of Use. Tribalry may modify the Terms of Use, or any part thereof, or add, change, or remove terms at any time, and such additions, changes, deletions, or other modifications are effective immediately upon posting. Your use of the Services after such posting shall be deemed to constitute acceptance by you of such additions, changes, deletions, or other modifications.

6.3. Changes to Services. Tribalry may change or discontinue any aspect, service or feature of the Services at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

7. Representations and Warranties; Disclaimer of Warranty.

7.1. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TRIBALRY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

7.2. YOU AGREE THAT THE USE OF AND ACCESS TO THE SERVICES IS STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TRIBALRY SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE OPERATION OF THE SITE, THE CONTENT OR INFORMATION CONTAINED THEREIN, OR THE SITE. NO WARRANTY OF ANY KIND IS IMPLIED REGARDING REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY TRIBALRY OR USE OF THE SITE BY YOU. TRIBALRY MAKES EVERY REASONABLE EFFORT TO ASSURE THAT ALL INFORMATION PUBLISHED BY IT IS CORRECT; HOWEVER, TRIBALRY DISCLAIMS ANY LIABILITY FOR ERRORS IN THE SITE. YOU ASSUME THE RISK OF POSSIBLE ERRORS CONTAINED IN THE SITE. YOU AGREE TO INDEPENDENTLY VERIFY ANY INFORMATION YOU INTEND TO RELY UPON, AND, IF REASONABLY NECESSARY, YOU SHOULD SEEK THE ASSISTANCE OF AN ATTORNEY IN DOING SO. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY AND IN NO EVENT SHALL TRIBALRY AND ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS (“THE TRIBALRY PARTIES”) BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF YOUR ACCESS OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, FOR INDIRECT, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES, OR OTHER PECUNIARY LOSS (COLLECTIVELY, “THE DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR ANY OTHER THEORY OF LAW AND/OR LIABILITY, EVEN IF ANY OF THE TRIBALRY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE TRIBALRY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

7.3. Unauthorized Access. Tribalry disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Services, you acknowledge and agree to Tribalry’s disclaimer of any such liability. If you do not agree, you should not access or use the Services.

7.4. Indemnification. You agree to indemnify, defend, and hold harmless Tribalry and its subsidiaries, parent companies, officers, directors, employees, affiliates, agents, representatives, licensors and suppliers from and against all claims, actions, proceedings, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising or resulting from use of the Services by you or Your Account, which includes but is not limited to: (i) the use of or reliance on any information, material, or content of the Services by you or any third party to whom You have provided such information, material, or content, regardless of whether or not such information, material or content contained any errors or omissions and whether or not Tribalry was aware or should have been aware of any such errors or omissions; (ii) Your violation or breach of these Terms of Use; (iii) Your negligent acts or omissions or willful misconduct; or (iv) any allegation that Your use of or access to the Services infringes upon the patent, trademark, copyright, trade name, trade secret, or other proprietary and/or intellectual property rights of any third party. Your duty to indemnify, defend and hold harmless Tribalry under these Terms of Use shall survive the termination, cancellation, or expiration of your use of the Services. Tribalry reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Tribalry with such cooperation as is reasonably requested by Tribalry.

8. Limitation of Liability. Neither Tribalry nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors shall be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any of the content or other materials on, accessed through or downloaded from Tribalry.

9. Miscellaneous.

9.1. Governing Law and Venue. These Terms of Use shall be governed by and shall be construed in accordance with the laws of the State of Utah, without regard to its conflicts of law principles. Any action or proceeding between you and Tribalry relating to or arising out of these Terms of Use or your use of the Services shall be commenced and maintained exclusively in the state or federal courts in the State of Utah, and you hereby consents to the exclusive jurisdiction and venue of any state or federal court in the State of Utah.

9.2. No Third Party Beneficiaries. These Terms of Use shall be binding upon and inure solely to the benefit of the Parties and their respective permitted successors or assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.

9.3. Assignment. Tribalry may assign these Terms of Use for any reason, in whole or in part, without your consent, including without limitation as a result of an event of a reorganization, merger, consolidation or sale of all or substantially all of its assets or stock. You may not assign these Terms of Use without Tribalry’s prior written consent. Any assignment in violation of this section is null and void, ab initio.

9.4. Severability. If any provision of these Terms of Use is declared void or unenforceable by any court of competent jurisdiction in a final, non-appealable order or judgment, then all remaining provisions of these Terms of Use shall remain in full force and effect unless otherwise agreed to in writing.

9.5. Waiver; Remedies Cumulative. The rights and remedies of the Parties are cumulative and not alternative. Neither any failure nor any delay by Tribalry in exercising any right, power, or privilege under these Terms of Use or any of the documents referred to in these Terms of Use will operate as a waiver of such right, power, or privilege or any future exercise thereof, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power or privilege, or the exercise (or future exercise) of any other right, power, or privilege.

9.6. Headings. Headings or titles to sections or subsections in these Terms of Use are for convenience of reference only and shall not affect the meaning or interpretation of these Terms of Use or any part hereof.

9.7. Compliance with Laws. You shall ensure that any activities undertaken by you, or any person authorized by you, pursuant to these Terms of Use and any use of or access to the Services shall comply with all laws, rules, and regulations of the United States and other applicable jurisdictions, as such may be amended and in effect from time to time. Without limiting the foregoing, you recognize the global nature of the Internet, and further agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you may reside or access the Services.

9.8. Consent to Communication. For purposes of service messages and notices about the Services to you, Tribalry may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Tribalry to an email address associated with Your Account, even if we have other contact information. You also agree that Tribalry may communicate with you through Your Account or through other means including email, mobile number, telephone, or delivery services including the postal service about Your Account or services associated with Tribalry. You acknowledge and agree that we shall have no liability associated with or arising from your failure to so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.

9.9. Entire Agreement. These Terms of Use and all other documents or agreements referenced herein, including without limitation the Tribalry Privacy Policy, constitute the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, and understandings of the Parties, whether written or oral.

These Terms of Use were last updated March 13, 2015.