TERMS AND CONDITIONS OF USE AND PROVISION OF SERVICES

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

1. USE OF THIS WEBSITE

The www.markettiger.com website (the "Site") is owned and operated by MarketTiger Inc. together with its various subsidiaries, affiliates, and divisions (collectively, "us", "we" or "MarketTiger"), for your use and information. Your use of this Site is subject to the following terms and conditions of use and sale ("Terms") and all applicable laws. By accessing and browsing this Site, you accept and agree to be bound by these Terms, without limitation or qualification of any kind. If you do not agree with any of the Terms, please do not use this Site.

MarketTiger reserves the right to change, modify, alter or otherwise update the Terms applicable to this Site without prior written notice at any time, and from time to time, at MarketTiger�s sole discretion. We will notify you of any such changes, modifications, alterations or updates by posting notice of same on this Site. Following the posting of any such notice, your continued use of this Site will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.

You are responsible to ensure that your access to, viewing of and use of this Site and the material and information available on or through it are legal in each jurisdiction in or through which you access, view or use this Site and such material and information.

2. NO USE BY MINORS

This Site is intended for use by adults only. If you use this Site, you represent that you are either of legal age, or you are otherwise legally permitted or authorized, in the jurisdiction in which you reside, to enter into any purchase agreement through this Site and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, or you are otherwise not legally permitted or authorized to enter into any purchase agreement through this Site, your parent of guardian should use this Site on your behalf and you should not use this Site on your own or provide any personal information to MarketTiger. MarketTiger does not knowingly collect information from individuals under the age of 18.

3. PRIVACY

Our privacy practices respecting the information we collect during your visit to this Site are explained in our Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of this Site implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to the use of your Personal Information (as defined in the Privacy Policy) by MarketTiger in accordance with the terms of and for the purposes set forth in our Privacy Policy, and this Site, as same may be amended from time to time.

4. USER ACCOUNT

In consideration of your use of this Site, you are responsible for and agree to (a) provide accurate, current and complete information about you as may be prompted by any membership registration forms, or other forms, on this Site and promptly updating such information to keep it accurate; (b) maintain the confidentiality of your account and password and restrict access to your computer and your account; and (c) accept responsibility for all activities that occur under your account or password. Without any limitation to the generality of the foregoing, you shall be held responsible for any Content that is posted under your User Account in contravention of the terms of Section 8 below. MarketTiger reserves the right to refuse to provide you any Services (as hereinafter defined) and may terminate your account in its sole discretion.

5. SERVICES

MarketTiger's services ("Services") include the provision of a robust e-commerce platform to support online commerce. Specifically, MarketTiger acts as an intermediary e-commerce platform provider for an online social network and search environment where members can agree to engage in trade, formalize a business transaction and process their payments. Being a member of MarketTiger means that a member exposes him/herself and their company to a global audience. Although the target audience comprises other members of the social network, the member's company's website and member profile is open to public view at all times. On a rotating, random basis, member profiles and their business offerings and needs are presented or featured to stimulate interaction and trade.

As part of the process of creating a member profile, members control what they provide as content and accordingly how they are perceived in public view. In addition to providing core content, members also provide information on how best to structure their member profile. This has a significant impact on their association in the online social network, marketplace and search results. Members can examine the various individuals, partnerships, associated groups and companies in our "social network" categorized, for example, by location (cities, provinces, states, countries), by business functions, or by industrial sectors. Members can add subtending groups to these categories or create entirely new categories if they feel that an existing category does not already exist that properly reflects their business or interests. Members can also look at the online marketplace to decide how their goods, services should be "tagged" for association.

Members, as well as member relations and contacts, may input an information narrative in a survey provided by MarketTiger detailing their social interaction, networking, business and online commerce experiences with other members ("Trust Survey"). Based on a quantitative and qualitative consideration of Trust Survey results, an explicit "trustworthiness" quotient quantifying the degree of trust between transacting members is compiled and assigned to each of the transacting members ("Trust Rating").

Our search engine relies on Trust Ratings calculated for members based on the Trust Survey information from other members. An individual member may or may not be represented favorably in the content of a Trust Survey and the categories that member establishes to associate and organize their business with. MarketTiger does not "weigh-in" or provide any sort of opinion on any member's Trust Rating. MarketTiger only provides the platform and search engine to enable trust-based interactions. As such, while a member may not be satisfied with their Trust Rating, they acknowledge and agree that this potential condition may arise, that it is the result of their interactions with other members, and that they will make no claim for damages of any kind against MarketTiger, nor take any steps to diminish the perceived value of the MarketTiger platform to other members.

A member's recourses regarding the their Trust Rating is limited to actions against other members who provide MarketTiger information. Where appropriate, MarketTiger may, at its sole discretion, play a supporting role in resolving a Trust Rating dispute between members as discussed in further detail below.

MarketTiger attempts to be as accurate as possible in describing all of the Services it offers. However, MarketTiger does not warrant that any of the content of this Site, including without limitation, any member profiles, member opinions, or member information, including without limitation, member Trust Surveys and Trust Ratings, are accurate, complete, reliable, current or error-free.

The availability of the Services may be limited in certain jurisdictions. MarketTiger may revise or cease to make available any Services at any time without prior notice.

THIS SITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.

6. BECOMING A MEMBER

Potential members wishing to register with MarketTiger to become members and receive the Services may do so by visiting the MarketTiger website at www.markettiger.com, filling out the online registration form and providing the information requested. Once a potential member registers as a member, they are encouraged to invite other people to join the social network whom they feel would benefit from the Services being offered and who could objectively rate their reputation by completing a Trust Survey and helping to establish a Trust Rating. Members will be prompted to enter the names and the email addresses of people with whom they share a personal or business relationship and encouraging them to join.

Potential members receiving an invitation to register with MarketTiger will be asked to complete a Trust Survey that MarketTiger will use to gather information as to the trustworthiness of the soliciting member. The soliciting member is required to accept the outcome of the Trust Survey, and will not be provided access at any time to individual Trust Survey responses.

Potential members may also choose to accept or decline the invitation to join. Where a potential member declines a membership invitation, that individual's name and email address will be placed on MarketTiger's "Do Not Disturb" database and he will not be contacted again in the event of future invitations to join.

Potential members deciding to register as members shall be asked to provide a variety of personal and business information necessary to derive value from and exploit the MarketTiger Services including without limitation, their name and an address where they may be reached, telephone, fax and email information, a photo or other image-based content, credit card information, information relating to the nature of their particular business, and the contact information of the MarketTiger members with whom they hold relationships. MarketTiger activates member accounts once their contact information has been provided and verified via an email exchange.

Once a member is registered, they are invited to provide additional information about their business, products and services, marketing and promotional incentives and business needs and requirements. Such information allows members to deepen their member profile in the social network and increase their potential to place higher in search results rankings. This information is also used to position the member in the online global marketplace and conduct trade.

Members engage other members to be their trusted partners, form groups for a variety of common interests and to collaborate on business-related activities. With partners and in groups, members can exchange information and documents, plan events, mobilize large-scale, multifaceted business actions, and disseminate information to one another.

7. MEMBER TRUST RATINGS

MarketTiger Services include the provision of content and information on the social and business experiences between transacting members and an explicit consideration and treatment of the degree of trust between them.

Early in their membership lifecycle, members are encouraged to establish a first trust-score by inviting their relations and contacts to complete a member Trust Survey. As members continue to socialize and conduct trade, they may complete a Trust Survey on other members or have their own contacts and relations complete Trust Surveys on their behalf. A member's Trust Rating is based on the perceived degree of conscientiousness, integrity, fairness, business competence and confidence others have in the member. A member's Trust Rating is updated to account for the Trust Survey input. Trust Survey responses are analyzed by MarketTiger's proprietary trust engine which calculates the reputation score and ranking and assigns the member a Trust Rating.

Business transactions between members are not considered closed and funds are not released until a Trust Rating is recorded for each member involved in the transaction. The Trust Ratings members receive have a fundamental impact on their social standing in the network, their positioning in the search results and thereby their exposure to future business opportunities. Overall trust information is presented on member profiles and affects a member's position in the search results. It may, under certain circumstances, lead to the termination of membership as discussed below. Where members execute transactions without using the MarketTiger payment facility, no Trust Rating is captured for the members and as a result no benefit is derived by the members with respect to improving their position or ranking in the search results.

In order to maintain the integrity of our Trust Ratings system, the Trust Survey results for a member become a permanent part of that member's record. Members accept to participate in the network knowing their Trust Rating, as determined by other members, will have a fundamental impact on their exposure to and chances of winning business opportunities.

Trust Surveys cannot be edited or retracted once submitted, and MarketTiger will not censor member opinions or investigate the accuracy of any information provided in a Trust Survey.

Where members resolve a mutual dispute after Trust Survey results have already been submitted, they may mutually agree to re-enter the Trust Survey.

MARKETTIGER TAKES NO RESPONSIBILITY AND DISCLAIMS ALL LIABILITY FOR THE TRUST RATINGS INDIVIDUAL MEMBERS RECEIVE. A MEMBER'S RECOURSE REGARDING THE RESULTS OF A TRUST SURVEY OR THEIR TRUST RATING IS LIMITED TO ACTIONS AGAINST OTHER MEMBERS WHO PROVIDE MARKETTIGER INFORMATION. MEMBERS ACKNOWLEDGE THAT MARKETTIGER IS, AND REMAINS A PASSIVE CONDUIT OF INFORMATION ONLY AND DOES NOT IN ANY WAY OPINE ON MATTERS CONCERNING THE TRUST RATINGS OF ITS MEMBERS.

MEMBERSHIP WITH MARKETTIGER AND RECEIPT OF THE SERVICES IS CONDITIONED UPON YOUR FULL ACCEPTANCE TO AND AGREEMENT WITH THESE TERMS AND CONDITIONS.

8. TRUST SURVEYS AND OTHER FEEDBACK CONTENT

MarketTiger has structured its trust concept to minimize the highly subjective nature of member feedback. Nevertheless, since trust is fundamental to any business and is in many ways highly subjective, members are likely to perceive issues of fairness in being exposed to and winning business. Members may also incur damages and experience member conflict as a result of the Trust Ratings they receive.

Any information which you provide on any MarketTiger member should be based on your experience, actual knowledge, and observations of fact about that member. By using this Site and the MarketTiger Services provided herein, you agree never to impersonate any MarketTiger member or any other person or entity or your affiliation with any MarketTiger member or any other person or entity. Furthermore, you agree never to introduce, post, provide, disseminate transmit or upload into or through this Site, by Trust Survey or otherwise, any text, designs, logos, images, ideas, suggestions, comments, materials, feedback, or any other information whatsoever ("Content") that:

a. is harmful, unlawful, libelous, slanderous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, promotes hatred, or otherwise abusive of other members;
b. would constitute, give rise to, or encourage a criminal offense or civil liability, or otherwise violate the rights of or create liability of any MarketTiger member in your jurisdiction or any other person or entity;
c. may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any MarketTiger member or third party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
d. offers or disseminates fraudulent goods, services, schemes or promotions; and/or
e. is harmful in any way to any computer system, programs, data or personal information including without limitation, viruses, Trojan horses, worms or otherwise.
f. extort another MarketTiger member by threatening to provide negative Content in a Trust Survey;
g. provide negative Content on another member in a Trust Survey without valid reason based on your own experiences and interactions with that member;
h. artificially enhance another member's reputation by leaving positive Content in a Trust Survey without valid reason based on your own experiences and interactions with that member; and/or
i. include any terms of sale or stipulate any conditions that limit or restrict another member from completing a Trust Survey where required.

MarketTiger takes no position on the trustworthiness of any of its members and does not take any steps to affect any members' standing or business in the social network. Members who have no relationship socially or commercially cannot rate the trustworthiness of another member. Member standing and their aggregate Trust Rating is an automatic result of mathematical algorithms based on the input of other members.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONTENT YOU PROVIDE TO MARKETTIGER, IN A TRUST SURVEY OR OTHERWISE, IN RELATION TO OTHER MARKETTIGER MEMBERS, YOUR PRODUCTS, SERVICES OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MARKETTIGER ACTS SOLELY AS AN INTERMEDIARY PLATFORM PROVIDER AND YOU HEREBY RELEASE MARKETTIGER, AND ITS AGENTS, ADVISORS, MANDATARIES, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSOR S, ASSIGNS, PARTNERS, CONTRACTORS AND THIRD-PARTY SUPPLIERS, FROM ANY RESPONSIBILITY OR LIABILITY WHATSOEVER, INCLUDING FOR THE CONSEQUENCES OF ANY MEMBER TRUST RATINGS WHICH MARKETTIGER COMPILES. YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND AND HOLD HARMLESS MARKETTIGER AND ITS AGENTS, ADVISORS, MANDATARIES, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, PARTNERS, CONTRACTORS AND THIRD-PARTY SUPPLIERS FROM ANY CLAIM, ACTION, DEMAND, LOSS, OR DAMAGES (INCLUDING ATTORNEYS' FEES) MADE OR INCURRED BY ANY MEMBER OR THIRD PARTY ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THE AFOREMENTIONED.

Members who have no relationship socially or commercially cannot rate the trustworthiness of another member. Members engaged in a business transaction will not have access to the Trust Survey input provided by the other members engaged in the transaction. Furthermore, members will not have access to their Trust Ratings they receive for the transaction until such time that all members participating in the transaction have completed their Trust Surveys.

9. LICENSE

You hereby grant to MarketTiger and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable and sublicenseable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit any Content you provide for any purpose whatsoever, in any form, for use with any media without compensation to you of any kind. You hereby waive all moral rights in favor of MarketTiger and its assigns to any such Content you provide to the full extent of the law.

Without limitation to the generality of the foregoing you agree to allow MarketTiger to use the your member profile in any "featured member", "featured product/service" or "featured group" promotion or publicity undertaking which MarketTiger may provide to members as part of the Services.

10. PAYMENTS FOR GOODS AND SERVICES OBTAINED THROUGH THE INTERMEDIATION OF MARKETTIGER FROM A MARKETTIGER MEMBER

MarketTiger's online transaction process is structured to provide maximum protection to members engaged in trade. You may be required to transfer funds from your banking institution to your MarketTiger account for the purpose of conducting business transactions with other members or purchasing Value-Added Services from MarketTiger. You may also have funds transferred to your MarketTiger account from other members' accounts or from MarketTiger. The funds transferred to your MarketTiger account are held by MarketTiger's institutional banking partner until such time as you undertake the decision to disburse the funds held. Disbursements may be made in the form of a transfer to other members, to MarketTiger, or to your own banking institution. You acknowledge and agree that you shall not be entitled to any interest earned on any funds held in your MarketTiger account at MarketTiger's institutional banking partner.

Fund transfers may be undertaken using check, credit card, wire transfer, ACH/EFT or other electronic means available in conjunction with MarketTiger at the time of transfer. Funds exchanged through the MarketTiger system may be used for the purchase of goods or services from other members or to purchase Value-Added Services from MarketTiger. Members are solely responsible for the payment of all applicable taxes, shipping, and delivery expenses, and any costs or fees associated with refunds or returns incidental to any business transaction conducted between them.

Successful business transactions require clear accountabilities and secure fund transfers for the parties engaged. With these outcomes in mind, all transactions occurring using the MarketTiger system have a buyer-member and provider-member, and may also have third party members acting in some supporting role. All parties engaged in a transaction undertake to establish clear and mutually acceptable terms and conditions for the transaction, and such terms and conditions comply with all laws and regulations applicable to the parties engaged.

YOU HEREBY ACKNOWLEDGE, AGREE AND COVENANT THAT ALL TRANSACTIONS CONDUCTED BY YOU AND ANOTHER MEMBER SHALL BE CONDUCTED IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, AND THE TERMS AND CONDITIONS OF ANY CONTRACT GOVERNING THE BUSINESS BEING TRANSACTED BY YOU AND THAT MEMBER.

WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, YOU REPRESENT, WARRANT AND COVENANT THAT YOU SHALL NEVER ENGAGE IN ANY BUSINESS TRANSACTION IN ORDER TO CONCEAL THE IDENTITY, SOURCE AND/OR DESTINATION OF ANY FUNDS OR MONIES FOR THE PURPOSE OF MONEY LAUNDERING, TAX EVASION, FALSE ACCOUNTING, FINANCING TERRORIST OR CRIMINAL ACTIVITIES OR OTHERWISE FOR THE PURPOSE OF THE COMMISSION, OR THE FACILITATION OF THE COMMISSION, OF ANY CRIME.

YOU REMAIN SOLELY LIABLE FOR THE CONSEQUENCES OF THE BUSINESS YOU TRANSACT WITH OTHER MEMBERS AND YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND AND HOLD HARMLESS MARKETTIGER AND ITS AGENTS, ADVISORS, MANDATARIES, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, PARTNERS, CONTRACTORS AND THIRD-PARTY SUPPLIERS FROM ANY CLAIM, ACTION, DEMAND, LOSS, OR DAMAGES (INCLUDING ATTORNEYS' FEES) MADE OR INCURRED BY ANY MEMBER OR THIRD PARTY ARISING OUT OF OR RELATING TO ANY BUSINESS YOU TRANSACT WITH ANY OTHER MEMBER.

As a buyer-member, you must ensure that you have sufficient funds in your MarketTiger account to fulfill each transaction. You will release funds to the provider-member and/or the third party member supporting the transaction in compliance with the payment terms and conditions set forth in your business contract. In all cases, funds released for payment are put in "hold" status by MarketTiger until such time as the conditions for payment are met and all members engaged in the transaction complete a Trust Survey for the transaction.

As a provider-member, you and your business partners bear the responsibility of providing the goods and services being transacted. You will not receive funds from the buyer-member until such time that the payment terms and conditions have been met and all parties involved in the transaction have completed a Trust Survey for the transaction.

As a member of MarketTiger, you may withdraw funds from your MarketTiger account. Funds may only be withdrawn net of all account liabilities. Withdrawals are processed as a transfer of funds by MarketTiger from MarketTiger's institutional banking partner to your banking institution. Transfer of funds from MarketTiger are processed according to your choice of a check, wire transfer ACH/EFT or other electronic payment method MarketTiger may offer at the time of the withdrawal request. Funds transfer from MarketTiger may not be made by credit card.

MarketTiger will not charge you any fees for transferring funds to your MarketTiger account, for undertaking business transactions with other members, or for paying another member according to the terms and conditions of business transactions undertaken using the MarketTiger system. You will, however, be charged a fee on the withdrawal of funds from your MarketTiger account that results in the transfer of funds from your MarketTiger account to your account with your institutional banking partner. The withdrawal fee is calculated based on a small percentage (as detailed in MarketTiger's Fee Schedule) of the total amount of funds to be transferred. The fee is charged at the time of funds transfer and is deducted from the total amount of the funds to be transferred. You will also be charged a fee based on the costs incurred by MarketTiger for the transfer of funds from our institutional banking and payment processing partners to the banking institutions of our members. As a result, you will receive the total amount of funds you requested to be transferred net of the MarketTiger withdrawal fee and the processing fee. Each of these fees will be presented to you at the time of processing.

You may also be subject to fees by your banking institution for issuing or receiving any transfer of funds. You are fully responsible for any such fees charged by your banking institution, its partners or affiliates in consideration of the issuing, transfer or receipt of funds. Members who choose to conduct business transactions without using the MarketTiger payment platform are subject to fees, terms and conditions to the extent they use an alternative payment processing provider. MarketTiger is in no way liable for any fees charged by your banking institution, its partners or affiliates, or any alternative payment processor.

Members transacting business from different countries will be exposed to exchange rate fluctuations depending on when funds are deposited and withdrawn via MarketTiger's system. MarketTiger holds all funds on behalf of its members in one of the major currencies offered by our banking partner (e.g., US dollars, Canadian dollars, GBP, Euros, etc.). The nature of the currency held on behalf of members will vary depending on where the member is located. Members shall be advised of any currency holding rules and currency treatment which shall be communicated to the member at the time of registration and with every payment that is processed. Members transacting business from different countries will agree on the currency and the amounts for payments as part of the terms and conditions for each transaction. MarketTiger uses the applicable reference buy or sell exchange rate as provided by its institutional banking partner on the date of funds transfer requested by the member. MarketTiger and its business partners are not responsible or liable for any damages that may arise as a result of exchange rate changes or fluctuations or for any fees or costs associated with the conversion of funds.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF MARKETTIGER PLATFORM AND MARKETTIGER SERVICES TO ENGAGE IN BUSINESS TRANSACTIONS IS CONDITIONED UPON YOUR FULL ACCEPTANCE TO AND AGREEMENT WITH THESE TERMS AND CONDITIONS.

11. DISPUTE RESOLUTION BETWEEN MEMBERS-BUSINESS ISSUES

Where a buyer-member receives goods or services that are not satisfactory, or where there is any dispute as to the goods or services received, the transferred funds shall remain in a "hold status" with MarketTiger's banking partner until such time as the dispute relating to the goods and services provided is resolved between the buyer-member and provider-member.

MarketTiger does not take a position or get involved in resolving disputes. As a MarketTiger member you agree to abide by a three-tiered approach to dispute resolution in which members carry the full responsibility for resolving their disputes. Throughout the dispute resolution process, MarketTiger remains neutral, but provides its members with an online platform to register disputes, and secure mediation services from objective members or third party mediation professionals. In each case, it is the disputing members' responsibility to prosecute and resolve the dispute. MarketTiger disclaims all liability and is in no way responsible for how disputes are prosecuted, nor accountable for the outcome, success or consequences of any disputes or how any such disputes are resolved. Members accept full responsibility for the actions or performance of any party engaged to mediate a dispute, and remain solely liable for the outcome of the dispute resolution process, and any fess, costs, fines, penalties, damages or otherwise suffered or incurred as a result of a dispute and their participation in the dispute resolution process.

The three-tier dispute resolution process consists of the following:

Tier 1 provides members with the opportunity to first try to resolve the dispute without any mediation. Members declare a dispute at this level by communicating with the other member directly and reaching an agreement as to how their dispute should be resolved. MarketTiger encourages members to make every effort to resolve their dispute at the Tier 1 stage, however, there is no obligation to process a dispute at the Tier 1 stage before proceeding to the Tier 2 or Tier 3 stages. Members may proceed directly to the Tier 2 or Tier 3 stages if they so choose. MarketTiger does not charge a fee for processing disputes at the Tier 1 stage. Members should keep track of costs and damages that may arise in conjunction with efforts they make to resolve a dispute at the Tier 1 stage as such information may be important to the ultimate resolution of a dispute.
Tier 2 provides members who cannot resolve their dispute to seek the help of an independent and objective third party member to mediate their dispute. Members post their dispute on a dispute board and engage an objective third party member to act as a mediator to help mediate a resolution. MarketTiger encourages members to support other members in resolving a dispute. MarketTiger does not charge a fee for processing disputes at the Tier 2 stage unless the members who are parties to the dispute agree to some form of compensation to the member mediating the dispute. Members should also keep track of costs and damages that may arise in conjunction with efforts to resolve a dispute at the Tier 2 stage as such information may also be important to the ultimate resolution of a dispute.
Tier 3 provides members who cannot resolve their dispute without mediation, and who cannot find an objective third-party member to mediate a resolution, or who cannot achieve a mediated resolution with an objective third party member, to seek the help of an independent professional mediator on a fee-basis. Members may engage a mutually acceptable third party mediation professional from inside or outside the MarketTiger member network. MarketTiger may, at its discretion, offer professional mediation services itself or via a professional service partner. Any such services provided by MarketTiger and its partners will be subject to a fee from MarketTiger which shall be communicated to the disputing members prior to the start of the mediation services.

In addition to the three tiered approach, a buyer-member may also decide to resolve the dispute with their credit card company and claim a charge-back. You acknowledge and agree that MarketTiger is a wholly independent intermediary and is not and shall not be implicated by you in any efforts you might make to secure a charge-back from your credit card company. Depending on the specifics of the dispute for which a chargeback occurs, both the funds in hold status and the chargeback may be transferred to the buyer-member or provider-member to close the transaction.

12. FEE BASED MARKETTIGER SERVICES AND PAYMENT TERMS

In addition to the fees MarketTiger charges members for processing withdrawals, MarketTiger will offer a range of value-added services on a fee-basis ("Value-Added Services"). Where MarketTiger charges a fee for Value-Added Services, the member to whom Value-Added Services are rendered shall receive a charge in full to the credit card number they provided at the time of registration. Where a member holds a net positive account balance with MarketTiger at the time of the charge, the member may elect to have payment affected through a charge to their MarketTiger account. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.

13. NOTICE AND TAKEDOWN PROCEDURES-INFRINGEMENT OF COPYRIGHTS AND TRADEMARKS

MarketTiger provides its members and corporate sponsors with advertising space and the facility to post Content on its website. MarketTiger acknowledges the possibility that some members may misappropriate the intellectual property of other members posted on the MarketTiger platform. MarketTiger is not, however, in a position to arbitrate intellectual property disputes between its various members. Members are solely responsible for any Content and any other information they choose to post, provide, disseminate transmit or upload onto this Site. Trademark and copyright owners are encouraged to resolve their disputes directly with any members who allegedly infringe their intellectual property rights by posting, providing, disseminating, transmitting or uploading infringing material on the Site, and MarketTiger hereby disclaims any liability therefor.

MarketTiger will cooperate with its members and legal authorities to gather information that may be considered evidence important to resolving intellectual property disputes. In certain cases and from time to time, at its own discretion, MarketTiger will conduct its own preliminary investigation into the nature of the use being made of the potentially impugned copyrighted or trademarked material. Where we determine that an infringement has occurred, we will require the infringing member to remove the trademark or copyrighted material and restrict them from using it in advertising text in the future. Please note that we will not disable keywords used to conduct a search in response to a trademark complaint. If you are a trademark or copyright owner and have an objection to another member's use of Content in advertisement text that is consistent with the foregoing, please provide us with an e-mail containing the following information addressed to support@markettiger.com or via fax to 1-866-582-9178

Your name;
Your company name;
Your title;
Your address;
Your company address;
Your e-mail;
Your telephone and fax number;
Your MarketTiger username;
Your trademarked or copyrighted material (Trademark/Copyrighted Work; Registration number; Application number, etc.);
Provide details of the nature of your complaint and the alleged infringer; and
Provide us with a legal affirmation, under penalty of perjury, stipulating that you have (i) a good faith belief that the use of the trademarked or copyrighted material by the impugned MarketTiger member described by you is not authorized by you or the law to use the trademarked or copyrighted material; and (ii) that the information provided in your complaint is true and correct.

Upon written receipt of the above mentioned statement, MarketTiger will engage the members involved, and resolve the matter so as to respect the rights of the trademark or copyright holder.

14. MARKETING AND MARKETTIGER MEMBER COMMUNICATIONS

MarketTiger employs a broad range of marketing communications and public relations programs to drive growth. MarketTiger's marketing programs target potential members through affiliated marketing partners, by email, Internet blogs, sponsored links, and industry conferences and events. Your use of the Site may expose you to these marketing communications and your continued use of the Site and the Services is an acknowledgment and agreement by you of your willingness to receive any such marketing communications.

15. CONSENT TO USE ELECTRONIC DOCUMENTS

You hereby consent to the exchange of information and electronic documents between you and MarketTiger over the Internet or by e-mail, and you agree that these Terms, together with any applicable correspondence accepted by MarketTiger in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. TAXES

Unless otherwise stated, any prices quoted do not include applicable federal, state, provincial, or local sales, goods, services, use or other taxes and duties associated with the provision of any Services by MarketTiger, or the provision of products and services pursuant to a business transaction between members, and members shall remain solely liable for payment of any of the foregoing. MarketTiger may be required to provide transactional information to tax authorities. We reserve the right to disclose any member's transactional information as may be required by law, in response to legal or regulatory process and law enforcement requests, or to such government tax authorities or otherwise that have asserted a lawful right to access such information, or as necessary to protect the property, interests and rights of MarketTiger.

17. OWNERSHIP; RISK OF LOSS

All products or services purchased from MarketTiger members are delivered to you by a third party, pursuant to a third party agreement. As a member, you, at all times, assume the risk of loss for any products or services purchased by or from you through the MarketTiger platform and this Site. MarketTiger does not in any way take ownership or assert any right, title and interest in and to any of the goods or services being exchanged by its members, or administer, manage, process, direct or supervise the commercial relationships or transactions of its members at any time including, without limitation, the shipping or transfer of any goods or services or the processing of any returns. MarketTiger hereby disclaims any and all liability in respect therefor.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF MARKETTIGER PLATFORM AND MARKETTIGER SERVICES TO ENGAGE IN BUSINESS TRANSACTIONS IS CONDITIONED UPON YOUR FULL ACCEPTANCE TO AND AGREEMENT WITH THESE TERMS AND CONDITIONS.

18. RETURNS

All returns are subject to the return policies of the MarketTiger member supplying the goods or services, or to such other return policies as may be mutually agreed to between the transacting MarketTiger members. You acknowledge and agree that MarketTiger remains a wholly independent intermediary and is not implicated in the return of any goods or services transacted between you and any other MarketTiger member.

19. EXCLUSION AND DISCLAIMER OF WARRANTIES

MARKETTIGER MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS SITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY CONTENT, INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. MARKETTIGER DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS SITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION AND SERVICES PROVIDED THROUGH OR ON THIS SITE ARE PROVIDED TO YOU ON AN "AS IS", "WITH ALL FAULTS" BASIS AND MARKETTIGER DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.

BECAUSE CERTAIN FOREIGN JURISDICTION, FEDERAL, STATE, PROVINCIAL OR LOCAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARKETTIGER BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE CONTENT, MATERIALS OR INFORMATION PROVIDED THROUGH THIS SITE, THE SERVICES, OR THE TRANSACTIONS CONDUCTED FROM ON OR FROM ANY MEMBER WEBSITE, EVEN IF MARKETTIGER OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL MARKETTIGER BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, MARKETTIGER'S CONTRACTORS OR PARTNERS, MARKETTIGER MEMBERS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF MARKETTIGER.

IF, DESPITE THE LIMITATIONS ABOVE, MARKETTIGER IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THIS SITE, IN NO CASE WILL MARKETTIGER'S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES PROVIDED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES.

IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE.

CERTAIN FOREIGN JURISDICTION, FEDERAL, STATE, PROVINCIAL OR LOCAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

FOR THE PURPOSES OF THIS SECTION, "MARKETTIGER" SHALL INCLUDE MARKETTIGER'S RESPECTIVE AGENTS, ADVISORS, MANDATARIES, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSOR S, ASSIGNS, PARTNERS, CONTRACTORS AND THIRD-PARTY SUPPLIERS.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

21. INDEMNIFICATION

MARKETTIGER TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT POSTED, PROVIDED, DISSEMINATED, TRANSMITTED OR UPLOADED BY YOU OR ANY THIRD PARTY, OR FOR ANY OTHER MISTAKEN, UNLAWFUL, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, HARASSING, THREATENING, INVASIVE OR ABUSIVE COMMENTS OR INFORMATION ON THIS SITE.

YOU REMAIN SOLELY LIABLE FOR THE CONTENT, MATERIALS, COMMENTS OR INFORMATION YOU POST, PROVIDE, DISSEMINATE, TRANSMIT OR UPLOAD OF THIS SITE. YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND AND HOLD HARMLESS MARKETTIGER AND ITS AGENTS, ADVISORS, MANDATARIES, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, PARTNERS, CONTRACTORS AND THIRD-PARTY SUPPLIERS FROM ANY CLAIM, ACTION, DEMAND, LOSS, OR DAMAGES (INCLUDING ATTORNEYS' FEES) MADE OR INCURRED BY ANY MEMBER OR THIRD PARTY ARISING OUT OF OR RELATING TO YOUR CONDUCT, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANY MARKETTIGER MEMBER OR THIRD PARTY.

22. MARKETTIGER MATERIAL AND INTELLECTUAL PROPERTY RIGHTS

Non-member, or non-third-party material appearing on this Site, including but not limited to texts, images, illustrations, webpage layouts and designs, software, audio clips and video clips ("MarketTiger Material"), is owned or otherwise provided by MarketTiger, and MarketTiger does not represent or warrant that such MarketTiger Material does not infringe the rights of any other person or entity. The MarketTiger Material on this Site is protected in Canada and in other jurisdictions including the United States by virtue of domestic copyright legislation and applicable international treaties. The MarketTiger Material may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of MarketTiger. Trademarks, logos, design marks and service marks (collectively, "Marks") displayed on this Site may be the registered or unregistered Marks of MarketTiger or others, and are the property of their respective owners, and may not be used without written permission of the owners of such Marks. Nothing in this Site is to be interpreted as conferring a right to use the MarketTiger Material, any MarketTiger Marks, or any other material protected by any applicable foreign or domestic copyright or trademark act, legislation or any international treaty.

Notwithstanding the foregoing, MarketTiger authorizes you to make one electronic or paper copy of the MarketTiger Material posted on any page of this Site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this Site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this Site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on this Site or any trademark, logo or other proprietary information (including images, text, page layout, or form) of MarketTiger without the express written consent of MarketTiger. You may not use any meta tags or any other "hidden text" utilizing MarketTiger's name or Marks without the express written consent of MarketTiger.

Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of MarketTiger or any other person or entity.

Any unauthorized use of this Site and/or its contents terminates the permission or license granted by MarketTiger.

23. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED

Other than the specific information you are required to provide or the information that you voluntarily decide to post and make available on this Site, MarketTiger does not wish to receive confidential, secret or proprietary information or material from you through this Site or by other means.

You acknowledge that any Content or any other information or material which you provide electronically through your access to or usage of this Site and Services, including but not limited to, your ideas, suggestions, comments, and any feedback concerning your use of this Site or the Services, or any MarketTiger members, your business transactions and experiences, or your opinions regarding the trustworthiness of any such members, is not, except as may be required under applicable law, or except as may constitute personal information pursuant to MarketTiger's privacy policy, secret, confidential or proprietary. You consent to MarketTiger using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of MarketTiger or the disclosure of your identity, in accordance with the MarketTiger Privacy Policy.

Furthermore, you acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that any and all such information or material which you provide to MarketTiger, whether provided by you electronically by accessing or using this Site or otherwise, and MarketTiger's use of this information and material so provided as permitted in these Terms, does not infringe the rights of any other person or entity.

24. SURVEILLANCE

MarketTiger may monitor the access to its Site and other activities in relation to its Site and may intervene in this regard. However, MarketTiger makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention in the event that MarketTiger ever decides to do it.

25. THIRD PARTY WEBSITES AND THIRD PARTY CONTENT

By accessing the site and using the Services you may be directed to other web sites that are not operated by MarketTiger ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Links and references to other websites are provided to you as a convenience only. MarketTiger has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, nor does MarketTiger monitor or investigate such Third Party Sites and Third Party Content. MarketTiger is not responsible for any Third Party Sites or any Third Party Content accessed through the Site including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or any Third Party Content, you do so at your own risk and you should be aware that these Terms no longer govern and you thereby release MarketTiger of any responsibility for the actions, practices and omissions of third parties. By clicking on any hyperlinks to Third Party Sites you may be deemed to have automatically submit to the terms and privacy practices of those Third Party Sites. Please check the terms of use and privacy policies of these third party websites.

As part of creating your member profile you have the opportunity to provide the web address for your organization. Otherwise, you may not create links from other websites to this Site, except if expressly permitted by MarketTiger. (To obtain permission, contact our Site administrator at support@markettiger.com.).

IN NO EVENT SHALL MARKETTIGER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE MISUSE OF PERSONAL INFORMATION BY ANY THIRD PARTY SITES.

26. MODIFICATION OF WEBSITE; RESERVATION OF RIGHTS

MarketTiger may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this Site or any aspect of it, and MarketTiger will not be liable to you or any third party for doing so. MarketTiger may also impose rules for and limits on the use of this Site or restrict your access to part, or all, of this Site without notice or liability. All rights not expressly granted in these Terms are reserved to MarketTiger.

27. ENUREMENT

These Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

28. GOVERNING LAW

This Site is hosted, controlled and operated by MarketTiger from its facilities located in Chicago, Illinois, U.S.A. These terms, this Site, any use of this Site and any transaction conducted on or from it shall be governed by the laws of Ontario, Canada without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

29. DISPUTE RESOLUTION BETWEEN MEMBERS AND MARKETTIGER

You acknowledge and agree that any dispute that may arise between you and MarketTiger in respect of these Terms and the transactions contemplated herein shall be resolved by the courts and tribunals sitting in the Province of Ontario and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.

30. SEVERABILITY

If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

31. JURISDICTION/COMPLIANCE WITH LOCAL LAWS

MarketTiger makes no representation that materials, information or Services provided on or through this Site are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

32. COOKIES

MarketTiger may use "cookies" to track your preferences and activities on this Site. Cookies are small data files transferred to your computer's hard-drive by a website. They keep a record of your preferences making your subsequent visits to the website more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website. The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website's functions will not be available, and the user will lose some of the benefits of the website.

33. NO WAIVER

The failure of MarketTiger to enforce any provisions of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of MarketTiger to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

34. IMPORT/EXPORT LAWS

When ordering goods from other MarketTiger members for delivery from outside of your country of jurisdiction, or when exporting goods to other MarketTiger members for delivery outside of your country of jurisdiction, you may be subject to import or export duties and taxes which are levied once the package reaches or leaves your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so members should contact their local customs office for further information. You agree to comply at all times with all such laws and regulations.

YOU REMAIN SOLELY LIABLE FOR COMPLIANCE WITH ANY APPLICABLE IMPORT AND EXPORT LAWS AND REGULATIONS AND YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND AND HOLD HARMLESS MARKETTIGER AND ITS AGENTS, ADVISORS, MANDATARIES, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, PARTNERS, CONTRACTORS AND THIRD-PARTY SUPPLIERS FROM ANY CLAIM, ACTION, DEMAND, LOSS, OR DAMAGES (INCLUDING ATTORNEYS' FEES) MADE OR INCURRED BY ANY MEMBER OR THIRD PARTY ARISING OUT OF OR RELATING TO OR RESULTING FROM A BREACH OF THE FOREGOING.

35. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and MarketTiger with respect to the use of this Site and any transaction conducted on or from this Site and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof.

36. NO ASSIGNMENT

You may not assign your rights or obligations herein without the express written consent of MarketTiger.

37. TERMINATION/CANCELLATION OF MEMBER ACCOUNTS

MarketTiger reserves the right, at its sole discretion, to terminate any member account and member access to all or any part of this Site, with or without notice, in the event of a breach of any obligation by said member of these Terms.

Where a member elects to voluntarily cancel their membership with MarketTiger, MarketTiger shall provide the member with the opportunity to download a copy of all of that member's customer content and contact information for a one time fee which will be communicated to members at the time of termination.

In the event of termination or cancellation, MarketTiger will retain a record of all member information and member customer content and contact information for a specified period of time as may be required by law.

38. HEADINGS

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.

39. LANGUAGE

These terms and any supporting or ancillary documents are drafted solely in English and French.

Last updated: November 19, 2007