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Cardsona

"Networking Your Many Passions Smartly"

TERMS OF USE

Effective Date: April 1, 2020.

1. Introduction

The “Cardsona” software application is a mobile and web-based application which provides innovative tools for users to create, customize and share personalized digital cards such as virtual business cards, virtual personal interest cards, and other customized kinds of virtual cards in their accounts which can replace or supplement conventional paper-based cards. In addition, the Cardsona tools create a community environment that facilitates communication and networking among different users for a variety of reasons, including for conducting business, professional networking, social or personal networking, and other purposes involving user-to-user interactions. These Terms of Services lay out our “rules of the road” to guide our Members with how to properly access and use and generally make the most out of our Services, including the Cardsona application.

2. Terms of Service / Contract

These Terms of Service are a legally binding contract between users of the Cardsona application (“you”) and a collaboration between Tomson Scrap Metal and Smozy, LLC (also referred to as “we” and “us”) who govern how the Cardsona tools are accessed and used by you.  These Terms of Service are effective as of the Effective Date (see below) and apply to the Cardsona application and all other Cardsona-related mobile applications, web sites, plugins, application program interfaces (APIs), communications, and any other tools or services which state that they are offered under these Terms of Service (“Services”). For example, the Services may include the offsite collection of data for use by the Services, such as our advertising and marketing content.When you access, register for, or use our Services, you agree to all of the terms and conditions in these Terms of Service. Your use of our Services is also subject to our Privacy Policy and Cookie Policy, which cover how we collect, use, share, and store your personal information. Registered users of our Services are “Members” and unregistered users are “Visitors.” As a Visitor or Member, collecting, using and sharing your personal data is subject to these Terms of Service (which includes our Privacy Policy and Cookie Policy) and any applicable changes or updates.By accessing or using our Services, you agree to enter into this legally binding contract with us, whether you are using our Services as an individual or on behalf of a company. If you do not agree to these Terms of Service, do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account with us and completely discontinue accessing or using our Services.

3. Changes and Updates

We may modify these Terms of Service, our Privacy Policy, and/or our Cookie Policy from time to time. If we make material changes to the terms, we will provide you with notice through our Services, or by other means, to provide you with the opportunity to review the changes. If you object to any changes, you may close your account and stop accessing and using the Services. Your continued use of our Services after we publish or send a notice about changes to these Terms of Service and/or the Services means that you consent to any updated terms as of their effective date.4. Age RequirementYou acknowledge that you are at least 16 years old (“Minimum Age”). The Services are not for use by anyone under the Minimum Age. To use the Services, you agree that: (1) you must be the “Minimum Age” or older; (2) you will only have one Cardsona account, which must be in your real name; and (3) you have not previously been suspended or restricted by us from using the Services. Creating an account with false information is a violation of these Terms of Service, including accounts registered on behalf of persons under the Minimum Age. If an applicable federal, state, or local law or regulation requires that you must be older than the Minimum Age in order for us to lawfully provide the Services to you without parental consent (including using your personal data), then the Minimum Age applicable to you is that older age.

5. Member Accounts

Members are account holders. As an account holder, you agree to: use a strong password and keep it confidential; not transfer any part of your account to another user or person; and follow these Terms of Service. You are responsible for anything that happens through your account unless and until you close it or report its unauthorized access or use to us. You agree that we can provide notices and messages to you in the following ways: (1) through your access or use of the Services, or (2) sent to the contact information (e.g., e-mail, mobile number, physical address, etc.) you provided to us through your registered account. You agree to keep your contact information in your account up to date. To maximize your use of the Services, we may permit you to open multiple accounts with the same Member name and information.  In this event, the requirements under this Section 5 shall apply equally to each of those multiple accounts. However, we reserve the right in our discretion to require any Member to consolidate access and use of the Services under a single account.  

6. Sharing Information

When you share information using our Services, others can see, copy and use that information. Our Services allow messaging and sharing of information in many ways, such as through sharing your cards, name, e-mail address, and messages. Information and content that you share or post may be seen by other Members, Visitors, or others (including potentially those outside of the Services). Where we have made applicable settings available to you through the Services, we will honor the choices you make about who can (and can’t) see your content or other information. For example, when you share one or more of your personalized digital cards through the Services, you acknowledge that the user receiving the cards may likewise share them with other users of the Services or with people external to the Services. We are not obligated to publish any information or content through our Services and can remove any content or information we deem inappropriate with or without notice to you.

7. Content License, Use and Limitations

You own the original content and information that you create, submit or post to the Services, and you grant us the following limited, non-exclusive license to your original content: a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. However, these license rights you’re giving us are limited in the following ways:- You can end this license for specific content by deleting such content from the Services, or generally by closing your account with us, except (a) to the extent you shared it with others as part of the Services and they copied, re-shared it or stored it and (b) for the reasonable time it takes for us to remove the content from our computer systems.- We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a particular feature or function of the Services, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.- We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public", we may allow other Members to embed that public post onto third-party services, and we may enable search engines to make that public content searchable through the Services.- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), but we will not intentionally modify the meaning of your expression.- You and we agree that if content includes personal data, it is subject to our Privacy Policy.  You and we agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings made available to you).- By voluntarily submitting suggestions or other feedback regarding our Services to us, you agree that we can use and share such feedback for any purpose without compensation to you.- You promise to only provide information and content that you have the right to share, and that your account profile will be truthful.- You agree to only provide content or information that does not violate the law nor anyone’s rights, including intellectual property rights. You also agree that your profile information will be truthful. You acknowledge that we may be required by law to remove certain information or content in certain states or countries.

8. Availability of Services / Data Storage

We may change, suspend or discontinue any of our Services, with or without notice to you. We don’t promise to store or keep showing any information and content that you’ve posted. We do not operate a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

9. Third-Party Services and Content

Your use of others’ content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we aren’t responsible for those third-party products or services. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. we generally do not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let other Members connect with you or your organization.To the extent that third-party software or other applications interface with or share data with our Services (e.g., accessing “contacts” through an “iPhone” mobile device), you agree to abide by any applicable terms and conditions for access and use of such third-party software.

10. Member Services

We may help connect Members offering their own services (“Member Services”) to other Members seeking personal or professional services (e.g., accounting, contractor services, legal services, etc.). We do not perform nor employ individuals to perform Member Services. You must be at least 18 years old to offer, perform or procure Member Services. You acknowledge that we do not supervise, direct, control or monitor Members in the performance of Member Services, and you agree that: (1) we are not responsible for the offering, performance or procurement of Member Services, (2) we do not endorse any particular Member Services, and (3) nothing shall create an employment, agency, or joint venture relationship between any Member offering Member Services and us. If you are a Member offering Member Services, you represent and warrant that you have all the required licenses and will provide your Member Services consistent with our agreements, policies, and guidelines.We may help you register for and/or attend events organized by Members and connect with other Members who attend such events. You agree that (1) we are not responsible for the conduct of any of the Members or other attendees at such events, (2) we do not endorse any particular event listed on our Services, (3) we do not review, approve, or disapprove any of these events, and (4) you will adhere to the terms and conditions that apply to such events.

11. Limits on Use of Our Services

We reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. We reserve the right to restrict, suspend, or terminate your account if you breach these Terms of Service or the law or are misusing the Services in violation of any policy or guideline we establish for access or use of the Services. For example, and only by way of example, if you use our Services to send excessive unsolicited communications or spam to other Members, we may consider this a violation of the Terms of Service may suspend or cancel your account with us, including termination of these Terms of Service with you.

12. Intellectual Property Rights

We reserve all of our intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Our logos and other trademarks, service marks, graphics and logos used for our Services are our trademarks or registered trademarks.

13. Automated Data Processing

We may use data and information about you to make relevant suggestions to you and others. You agree that we may use the information and data that you provide and that we have in our possession about various Members to make referrals for connections, content, and features that may be useful to you. For example, we may use data and information about you to automatically suggest other Members of similar business interests with whom you may want to interact. Keeping your account accurate and up to date helps us to make these suggestions more accurate and relevant.

14. Member Community Rules and Policies

We consider the Members who access the Cardsona tools and the Services to be part of a collective community of users. In this section of the Terms of Service, we set forth a list of community rules and policies which limit what you can and cannot do by accessing or using our Services.We ask every Member to act professionally and responsibly. If you see something that you believe may violate our rules or policies, please report it to us via e-mail through the mobile application or our website. This includes whether the content appears in Member content, posts, comments, conversations, or anywhere else. These reports, along with our automated defenses, help us to identify and prevent abuse and misbehavior. Please use the reporting tools responsibly and only for their intended purposes.You must follow the spirit and letter of our rules, agreements, and policies. A violation of our rules or policies may result in our taking enforcement actions. Depending on the severity of the violation and a Member’s particular behavior or account history, we may limit the visibility of certain content, remove content from our platform, or even restrict or cancel a Member’s account in the event of severe or repeated offenses.Our Members must be real people who provide real names and accurate information about themselves. We don’t allow fake accounts or aliases on our platform, and it’s not acceptable to provide misleading or deceptive information about yourself, your qualifications, work experience, affiliations, or anything else.You are not allowed to impersonate others or mislead, confuse, or deceive. Pretending to be someone else or representing a business in a way that’s not truthful is not allowed. You’re not allowed to use an image of someone else, or an artificial or synthetic image, as a representation of yourself. You may not post “deep fake” images or videos of others or otherwise post content that has been manipulated to deceive. You likewise may not associate yourself through our Services with a business or organization that you are not actually associated with. You are not permitted to use or attempt to use another person's account or create an account for anyone other than yourself. When choosing a picture for your account, you may not use an image that is not your likeness. Also, you may not manipulate identifiers in order to disguise the origin of any message or post transmitted through the services.We acknowledge the value of discussions around professional activities and ask our members to behave professionally by not being dishonest or inappropriate. When creating or sharing content, we ask that you keep it relevant to the platform. Do not share false information or use the Services to shock or intimidate others. And it is not acceptable to share graphic, obscene, or pornographic content on the Services.Only invite people into the community that you know, that are recommended to you by trusted connections, or that you otherwise trust to join the community. Do not share comments, opinions, or other content in a manner that is intended to be misleading or inaccurate or to conceal a conflict of interest or unlawful motive. You may not use the Services to share false content or information that presents untrue facts or events as though they are true or likely true. Your messages, posts, comments, hashtags, and other content should be relevant to the intent and spirit of the Cardsona application and our Services. This is a professional community for sharing professional content and information, so don’t share content that’s irrelevant or inappropriate:- It's not acceptable to post content containing nudity or sexually explicit material or language. (Some adult content may be allowed if the intent is clearly educational, medical, scientific, or artistic, and it’s not gratuitously graphic.) The Services are never to be used for sexual exploitation of children. You also may not post content that threatens sexual violence or sexual assault. You may not use the Services to send unsolicited sexual advances, engage in or promote non-consensual sexually explicit content (e.g., revenge porn), escort services, prostitution, or human trafficking. We strive to maintain a civil and friendly community for our members.- The Services shouldn't be used to harm others or their careers or business prospects or to air personal grievances and disputes. It is not acceptable to harass, abuse, or send other unwelcome communications to people (e.g., romantic advances, sexually explicit content, junk mail, spam, chain letters, phishing schemes). We do not allow hate speech, hate groups, terrorists, or those who engage in violent crimes on the services. We don’t allow bullying or harassment that targets individuals or groups to degrade or shame. This includes abusive language, sexual advances and innuendo, revealing others' personal or sensitive information (a/k/a "doxing"), posting content about them without consent, or inciting or engaging others to do any of the same.- We don’t allow content that denigrates, intimidates, or incites or threatens hatred, violence, or prejudicial action against individuals or groups because of their actual or perceived race, ethnicity, national origin, gender, gender identity, sexual orientation, religious affiliation, or mental, medical, or physical condition. Hate groups are not welcome and not permitted on the services. We don’t allow any threat of violence against an individual or a group on our platform. This includes statements of an intent to kill or inflict serious physical harm.- We don’t allow individuals or groups that engage in or promote violence, property damage, or organized criminal activity. You may not use our Services to express support for such individuals or groups or to post content or otherwise use the services to incite or glorify violence. We don’t allow any terrorist organizations or violent extremist groups on our platform. And we don’t allow any individuals who affiliate with such organizations or groups to promote their activities. Content that depicts terrorist activity, that is intended to recruit for terrorist organizations, or threatens, promotes, or supports terrorism in any manner is not tolerated on the services.- We don’t allow graphic or other content intended to shock or humiliate others. We don’t allow activities that promote, organize, depict, or facilitate criminal activity. We also don’t allow content depicting or promoting instructional weapon making, drug abuse, and threats of theft. Content or activities that promote or encourage suicide or any type of self-injury, including self-mutilation and eating disorders, is also not allowed. If you see signs that someone may be considering self-harm, please report it.- We do not allow untargeted, irrelevant, obviously unwanted, unauthorized, inappropriately commercial or promotional, or gratuitously repetitive messages or other similar content. Do not use our invitation feature to send promotional messages to people you don’t know or to otherwise spam people. Please make the effort to create original, professional, relevant, and interesting content in order to gain popularity, instead of trying ways to artificially increase the number of views, re-shares, likes, or comments.- The Services should not be used for illegal activities, promoting illegal products, or violating the rights of others. Don't use the services to commit fraud or to try to trick others. Also, don't use the services to intentionally distribute viruses, worms, or other software that can destroy or interrupt others' data or computer devices.- You must respect others' privacy on the Services. You may not solicit email addresses or other personal information from Members you don't know without authorization; use, disclose or distribute on we any data obtained in violation of any of our policies or agreements; disclose information that you don’t have the right to disclose (such as personal or confidential information of others, including your employer); or post or distribute content depicting children without the necessary consent from such child's legal guardian or parent. Don’t use others' names, likenesses, or photos to suggest an endorsement of a product, service, or investment without their prior consent.- Your use of the Services must comply with all applicable laws including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You may not use the services to create or operate a pyramid scheme, engage in fraud, or to sell or promote illegal products, including drugs.- You may access the Services only in the manner that we expressly authorize, for the tasks that the services are intended for. You may not access the Services except through the interfaces intentionally provided by us, such as through our mobile applications and websites.You agree that you will:- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.- Provide accurate information to us and keep it updated.- Use your real name in your account and in any content you create.- In general, use the Services in a professional manner.You agree that you will not:- Create a false identity, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account.- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape information from the Services or otherwise copy profiles and other data from the Services.- Override any security feature or bypass or circumvent any access controls or use limits of the Services (such as caps on keyword searches or profile views).- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent.- Disclose information that you do not have the consent to disclose, such as confidential information of others (including your employer, for example).- Violate the intellectual property rights of others, including infringement or misappropriation of copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission.- Violate our intellectual property or other rights, including, without limitation, (i) copying or distributing our content or materials; (ii) copying or distributing our technology, unless it is released under open source licenses; or (iii) using our logos in any business name, email, or URL except as may be otherwise permitted by us.- Create or post anything that contains software viruses, worms, or any other harmful code.- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.- Imply or state that you are affiliated with or endorsed by us without our express consent.- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the Services, without our consent.- Deep link to our Services for any purpose not expressly permitted by us.- Use bots or other automated methods to access the Services, add or download content, or send or redirect messages.- Monitor the Services’ availability, performance or functionality for any competitive purpose.- Engage in framing, mirroring or otherwise simulating the appearance or function of the Services.- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services).- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., via spam, denial of service attack, viruses, gaming algorithms).- Violate any additional terms or conditions concerning new Services that may be provided when you access or use such Services.

15. Intellectual Property Compliance and Reporting

We respect the intellectual property rights of others, and we desire to offer a platform which contains no content that violates those rights. These Terms of Service require that information posted by Members to be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, we provide a process for submission of complaints concerning content posted by our Members.Please note that whether or not we disable access to or remove content, we will make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that we has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others, post unlawful content, or otherwise violate these Terms of Service.Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have implemented procedures for receiving written notification of infringement claims. We have also designated an agent (Copyright Agent) to receive notices of claimed copyright infringement. If you believe in good faith that your copyrighted work has been infringed, you may submit a written communication to us which contains: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description specifying the location on our website of the material that you claim is infringing; your email address and your mailing address and/or telephone number; 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; and, a statement by you made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please submit your notice to our Copyright Agent via e-mail at [email protected] you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication to our Copyright Agent ([email protected]) which contains: your physical or electronic signature; identification of the material removed or to which access has been disabled; a statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Western District of Pennsylvania (Allegheny County, Pennsylvania), if your address is located outside the United States; and, that you will accept service of process from the complainant submitting the notice or his/her authorized agent.

16. Managing Advertising Preferences

You acknowledge that we can target advertising to Members, Visitors, and others through communication methods internal and external to our Services and through a variety of ad networks and exchanges. There are multiple ways to manage your relationship with advertising content and activity, including using industry platforms to opt out of interest-based advertising, using your mobile device settings to opt out of advertising for third parties based on your mobile ad identifier, opting out of interest-based advertising for non-members, and opting out of interest-based advertising from Microsoft, for example, among other ways.Please note that none of these tools opt you out of being served advertising. Keep in mind that even though we don’t share your personal data (other than hashed or device identifiers, to the extent that they are personal data) with any advertiser without your permission:- When you view or interact with an ad, an advertiser or ad-serving company can infer that you fall into their target audience. For example, they can infer that you belong to the segment of Members who are based in Pennsylvania and work in the accounting industry, because their ads were set up to show to this target audience.- If you click on an ad, the ad poster will know you visited the page that you clicked on.- Advertising partners can associate personal data collected by the advertiser directly from you with cookies and similar technologies. In such instances, we seek to contractually require such advertisers to obtain your explicit opt-in consent before doing so.

17. Disclaimer and Limit of Liability

TOMSON SCRAP METAL AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TOMSON SCRAP METAL AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.TO THE FULLEST EXTENT PERMITTED BY LAW, TOMSON SCRAP METAL AND ITS AFFILIATES WILL NOT BE LIABLE IN CONNECTION WITH THESE TERMS OF SERVICE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.TOMSON SCRAP METAL AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THESE TERMS OF SERVICE FOR ANY AMOUNT THAT EXCEEDS: (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO US FOR THE SERVICES DURING THE TERM OF THESE TERMS OF SERVICE, IF ANY, OR (B) $1000 (USD).The limitations of liability in this section are part of the basis of the bargain between you and us and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and equity) even if we or our affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of Services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of these Terms of Service and to the extent that they are typical in the context of these Terms of Service.

18. Termination

Both you and we may terminate these Terms of Service at any time without notice to the other. On termination, you lose the right to access or use the Services. The following aspects of our agreement shall survive termination of our contractual relationship with you: our rights to use and disclose your feedback; Members and/or Visitors’ rights to further re-share or distribute content and information you shared through the Services; Sections 14, 17, 19 and 20 of these Terms of Service; and, any amounts owed by either party prior to termination remain owed after termination.

19. Governing Law and Dispute Resolution

In the unlikely event that you and we become involved in a legal dispute, you and we agree to resolve it in Pennsylvania using Pennsylvania law, using courts located in the Western District of Pennsylvania (for federal disputes), or in Allegheny County, Pennsylvania (for state-based disputes).

20. General Terms

If a court with authority over these Terms of Service finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Service.These Terms of Service (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.If we don't act to enforce a breach of these Terms of Service by you, that does not mean that we have waived our right to enforce that breach or other breaches of these Terms of Service at a future time. You shall not assign or transfer these Terms of Service (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign, without your consent, these Terms of Service to our affiliates or a party that buys us or an applicable affiliate. There are no third-party beneficiaries to these Terms of Service.

21. How to Contact Us

If you want to report improper behavior, inappropriate content, or other misuse involving our Services, or if you just want to provide comments or feedback about our Services, please send us an e-mail through the mobile application or our website associated with the Cardsona application. Also, you agree that the only way to provide us with any required legal notice is at the addresses provided through our mobile application and/or our website.

COOKIE POLICY

1. IntroductionIn connection with offering the Cardsona application and tools, we as part of a collaboration between Tomson Scrap Metal and Smozy, LLC believe in being open about how we collect and use data related to you. This Cookie Policy applies to any of our products or services that link to, mention, or incorporate by reference this Cookie Policy. We use cookies and similar technologies to collect and use data as part of our Services as defined in our Terms of Service and Privacy Policy (“Services”).  This includes our websites, communications, mobile applications, and any services external to the Services, such as our advertising and marketing services. In the spirit of transparency, this Cookie Policy provides detailed information about how and when we use these technologies.By visiting, accessing, or using our Services, you agree to the use of cookies and similar technologies for the purposes described in this Cookie Policy.

2. Changes and Updates

Changes to this Cookie Policy apply to your use of our Services after the Effective Date (see below). We can modify this Cookie Policy, and if we make material changes to it, we will provide notice to you through our Services, or by other means. This will give you the opportunity to review the changes before they become effective. If you object to this Cookie Policy or any changes to it, you may close your account and stop using the Services. You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Cookie Policy means that the collection, use and sharing of your personal data is subject to the updated Cookie Policy, as of its Effective Date.

3. Technologies Used

A cookie is a small file placed onto your device that enables features and functionality of our Services. Any browser visiting our sites may receive cookies from us or cookies from third parties such as our customers, partners or service providers. We or third parties may also place cookies in your browser when you visit other sites that display our advertisements or host our plug-ins or tags. We use two types of cookies: persistent cookies and session cookies. A persistent cookie may help us recognize you as an existing Member, so it’s easier to return to our Services without signing in again. A persistent cookie stays in your browser and will be read when you return to one of our sites or a partner site that uses our Services. Session cookies last only as long as the session (usually the current visit to a website or a browser session).A pixel is a tiny image that may be found within web pages and emails, requiring a call (which provides device and visit information) to our servers in order for the pixel to be rendered in those web pages and e-mails. We use pixels to learn more about your interactions with email content or web content, such as whether you interacted with advertisements, content, or posts. Pixels can also enable us and third parties to place cookies on your browser.Local storage enables a website or application to store information locally on your devices. Local storage may be used to improve the Cardsona application experience, for example, by enabling features, remembering your preferences and speeding up site functionality.We also use other tracking technologies, such as mobile advertising IDs and tags for similar purposes as described in this Cookie Policy. References to similar technologies in this policy includes pixels, local storage, and other tracking technologies.

4. Using the Technologies

We use cookies and similar technologies to recognize you when you visit our Services. If you’re signed into your account with us, these technologies help us show you the right information and personalize your experience in line with your settings. For example, cookies enable us to identify you and verify your account.We use cookies and similar technologies to make your interactions with our Services faster and more secure. For example, we use cookies to enable and support our security features, keep your account safe and to help us detect malicious activity and violations of our Terms of Service.We use cookies and similar technologies to enable the functionality of our Services, such as helping you to fill out forms on our Services more easily and providing you with features, insights and customized content in conjunction with our plug-ins. We also use these technologies to remember information about your browser and your preferences. For example, cookies can tell us which language you prefer and what your communications preferences are. We may also use local storage to speed up site functionality.We use cookies and similar technologies to customize your experience on our Services. For example, we may use cookies to remember previous searches so that when you return to our services, we can offer additional information that relates to your previous search. We may use cookies and similar technologies to enable plug-ins internal and external to our Services.

5. Advertising

Cookies and similar technologies help us show relevant advertising to you more effectively and to measure the performance of such advertisements. We use these technologies to learn whether content has been shown to you or whether someone who was presented with an advertisement later came back and took an action (e.g., downloaded or exchanged a virtual business card) on another site. Similarly, our partners or service providers may use these technologies to determine whether we’ve shown an advertisement or a post and how it performed, or to provide us with information about how you interact with advertisements.We may also work with our customers and partners to show you an advertisement internal or external to our Services, such as after you’ve visited a customer’s or partner’s site or application. These technologies help us to provide aggregated information to our customers and partners.

6. Performance, Analytics, and Research

We may use the technologies described herein to understand, improve, and research products, features and services, including as you navigate through our sites or when you access our mobile application or websites from other sites, applications or devices. We may use these technologies to determine and measure the performance of advertisements or posts to learn whether you have interacted with our websites, content, or communications and provide analytics based on those interactions. We also use these technologies to provide aggregated information to our customers and partners as part of our Services.If you are a Member but logged out of your account on a browser, we may still continue to log your interaction with our Services on that browser for up to 30 days in order to generate usage analytics for our Services. We may share these analytics in aggregate form with our customers.Third parties such as our partners and service providers may use cookies and similar technologies in connection with our Services. For example, third parties may use cookies, pixels and other technologies in their advertisements internally and externally with respect to the Cardsona application for their own marketing purposes. Third parties may also use cookies and similar technologies in connection with our Services, such as our advertisement services, plug-ins or tags. We may also work with third parties to help us provide our Services and for our own marketing purposes.

7. Member Choices

You have choices regarding how we use cookies and similar technologies. Please note that if you limit our ability to use cookies and use similar technologies, then you may limit your overall user experience, since it may no longer be personalized to you. It may also stop you from saving customized settings like login information.Some mobile device operating systems such as Android and iOS provide the ability to opt out of the use of mobile advertising IDs for advertisement personalization. You can learn how to use these controls by visiting the manufacturer’s website for both Android and iOS.Most browsers allow you to control cookies through their settings, which may be adapted to reflect your consent to the use of cookies. Further, most browsers also enable you to review and erase cookies, including our cookies. To learn more about browser controls, please consult the documentation that your browser manufacturer provides.

8. Do Not Track (DNT)

DNT is a concept promoted by regulatory agencies such as the U.S. Federal Trade Commission (FTC), for the internet industry to develop and implement a mechanism for allowing users to control the tracking of their online activities across websites by using browser settings. We adhere to self-regulatory principles for interest-based advertising and participate in industry opt-outs from such advertisements. This does not opt you out of receiving advertising altogether. You will continue to receive other advertisements from advertisers not listed with these self-regulatory tools or you may receive advertisements that are not personalized to you. To learn more about advertiser use of cookies, please visit the websites for the following entities: Internet Advertising Bureau (US), European Interactive Digital Advertising Alliance (EU), and Internet Advertising Bureau (EU).

Effective Date:  April 1, 2020