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The following terms and conditions ("Terms and Conditions") govern your use of Toobla.com (the "Site"), and by accessing, viewing, or using the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.

1. Proprietary Rights. All information and materials contained in this Site are protected by law, including, but not limited to, United States copyright law. Except as indicated, Toobla, Inc., a Delaware corporation (“Toobla”) is the owner of the copyright in the entire content (including images, text and look and feel attributes) and Toobla reserves all rights in that regard. Any commercial use of Site content is prohibited without the prior written consent of Toobla. Except as indicated, Toobla owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Please be advised that Toobla actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

2. Communications With the Site. Toobla welcomes your questions, feedback and suggestions. By transmitting any suggestions, information, material, or other content (collectively, "Content") to Toobla, you automatically grant Toobla the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, Toobla is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.

3. Confidential Information. You are being granted access to the Site via a temporary password for the purposes of evaluating a potential transaction with Toobla. In Consideration of Toobla granting you such access, you agree to hold strictly confidential and to not disclose any and all information you obtain about aspects of the proposed website, marketing strategy, and business model of Toobla (“Confidential Information”), whether obtained via your visit to this Site or through written or verbal communication or visual presentation. Confidential Information does not include information which (a) becomes generally available to the public other than as a result of a disclosure by you in violation of your obligations under this agreement, (b) was available to you on a nonconfidential basis prior to its disclosure to you Toobla or its representatives, or (c) was or becomes available to you on a nonconfidential basis from a source other than Toobla or its representatives without breach of a duty to Toobla, fiduciary or otherwise, by such source. You further agree that money damages would not be a sufficient remedy for any breach of this provision and that the Company shall be entitled to specific performance and injunctive and other equitable relief for any such breach, in addition to all other remedies available at law or equity. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASE OF THE CONFIDENTIAL INFORMATION TO ANY COMPETITORS OR POTENTIAL CREDITORS OF TOOBLA OR THE USE OF THE INFORMATION TO GAIN COMPETITIVE ADVANTAGE OVER TOOBLA WOULD CAUSE SEVERE DAMAGE AND HARM TO TOOBLA.

4. Copyrighted Material. Toobla.com allows you the ability to create your own web page with various types of internet and media content. You agree not to use this or any other feature of the Site in a manner which violates the intellectual property rights of any third party. You acknowledge that Toobla has the right and ability to remove from the page you have created any content found to violate this provision, and that repeated violations of this provision will result in a termination of your rights to use the Site.


5. Links to Other Web Sites. This Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations over which Toobla exercises no control, and Toobla expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Toobla does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated in the Site.


6. Disclaimers. THIS SITE AND THE INFORMATION CONTAINED HEREIN, ARE PROVIDED "AS IS," AND TOOBLA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


7. Indemnification. You agree to defend, indemnify, and hold harmless Toobla, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.


8. Trademarks. "TOOBLA” is a registered trademark of Toobla, Inc.


9. Governing Law and Jurisdiction. This Agreement shall be interpreted in accordance with the laws of the State of Ohio, USA, without regard to the conflicts of laws principles thereof. Solely for purposes of this Agreement and the transactions contemplated hereby, you agree that any and all disputes, legal actions, suits, or proceedings arising out of or relating to your use of this Site and/or this Agreement, whether legal or equitable in nature, or arising out of contract or tort claims, may be brought in any Ohio or federal court located in Franklin County, State of Ohio, United States of America. By your use of this Site, you, regardless of your location, irrevocably submit to the jurisdiction of the courts located in Franklin County, State of Ohio, United States of America, in any dispute, legal action, suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. You acknowledge that you have freely agreed to so submit to jurisdiction and venue, and that without such agreement the courts located in Franklin County, State of Ohio, United States of America might not otherwise have jurisdiction over you.


11. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Toobla with respect to your use of this Site. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, Toobla has relied on your agreement to be legally bound by these Terms and Conditions.
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