All services (the "Services") the "Tumango" site ("the Site," "We," or "Us"), with administrative support and functionality being provided by the Tumango LLC. However, this is a legal agreement ("Agreement") between you ("You" or "you") and the Site relating to your purchase of the Services, by which you agree to the terms and conditions on which the Services are acquired, and in respect of which you agree that the Site shall bear sole risk and responsibility in respect of Services provided pursuant to this Agreement. By purchasing the Services, you agree to the terms and conditions of this Agreement, and to all terms and conditions contained in the other Site documents applicable to the provision of the Services, including but not limited to the Acceptable Use Policy, Email Code of Conduct Policy, Privacy Policy and Service Agreement. As such, you should read this Agreement very carefully before purchasing the Services. By providing your payment information and clicking purchase button, you represent that you have read and understood these terms and conditions and agree to be bound by them.

Premium Membership and Services. Our Members may obtain basic services varying from time to time on a no cost basis, or they may purchase various services, products, or types of paid or "Premium Memberships". The terms and conditions set out in this Agreement are applicable to all Member categories, as may be applicable in any particular instance. Purchases of Services are strictly prohibited to minors or any person under the age of 18, regardless of whether you have parental consent.

Premium Membership entitles you to special benefits, such as access to telephony or other services or products, customizable content messages, Messenger usage and other benefits, as may be modified by the Site from time to time. For your convenience and to ensure that your access to the Service remains uninterrupted, unless we hear from you, for renewing memberships we will automatically renew your Premium Membership and bill your credit card, checking account or other payment means used during the registration process for the cost of another membership term, at the then current membership rate. In the case of a non-renewing prepaid fixed term Premium Membership, upon expiry of your initial prepaid term your account will not be re-billed or renewed, unless you subsequently elect to further extend your term or elect to purchase a renewing membership.

A confirming e-Mail ("Confirmation E-Mail") will be sent to you setting out the terms of your initial purchase. You will receive no further notice of the recurring charges. You can cancel your Premium Membership at any time by following the cancellation instructions posted on the site.

With respect to services or products acquired, you shall be billed in the manner described on the Site during your purchase. In certain instances (i.e., telephony access), an activation fee amount will be billed in order to activate the service. Thereafter, you shall be billed for the services on an "as used" basis (the details of which will be described in detail on the Site during your purchase). Billings will be carried out as the Site shall determine, which may include billing once a set threshold of usage is achieved (i.e., $10.00 outstanding balance), or billing for any outstanding balances on a cumulative or other basis after elapse of a fixed timeframe (whether monthly, weekly, daily or otherwise, the Site will add together all amounts outstanding and process payment in one instance). The Site may also elect to restrict access to a Service in the event you have an outstanding balance owing in respect of another service (i.e., restrict access to telephony services if your Premium Membership dues are in arrears or have not been successfully processed via your chosen means of payment).

Memberships and additional Services can be purchased in various differing packages, the price of which will be fully disclosed on the purchase page ("Purchase Page"), as well as in the Confirmation E-mail confirmation notice that is sent to you after completing your purchase.

The Site reserves the right to require Members to purchase additional virtual credits, or service entitlements ("Credits"), which will allow them to engage in a specified amount of activities based upon the terms and conditions of that specific membership package. Prices, rights, privileges and obligations associated with all Credits, if applicable, will be described in detail on the Site during your purchase, and shall be subject to change with or without notice.

Permitted Site Usage. The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavours. It is a violation of this agreement for any Member to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell any goods or services to any Member. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by this Site or by email or other means external to the Site, and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

In order to protect our Members from such advertising or solicitation, and to maintain usage integrity on the Site, we further reserve the right to restrict access by all Members (both basic and Premium) to certain elements of the Service on a per-action basis (including messaging or otherwise), such levels to be determined in our sole discretion from time to time, whether determined in respect of a 24 period or otherwise.

Expiration of Credits. Credits purchased, whether individually or which are included pursuant to a specific membership package, may have a specific expiration date. If applicable, this can be found on the Purchase Page.

Price and Service Changes. We reserve the right to change any of the terms, rights, obligations, privileges or prices or institute new charges for access to or continued use of Services at any time, with or without providing such notice as the Site may determine appropriate. All changes will be posted online, and you are responsible for reviewing pricing information and terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the Services or non-termination of your membership after changes are posted constitutes your acceptance or deemed acceptance of the terms and prices as modified by the posted changes.

Charges. You agree to pay all charges at the prices then in effect for your country of residence as detailed on the Purchase Page, which will be exclusive of value added, sales or other taxes. All sales and other applicable taxes charged will be included in the total charges listed (provided that if such amounts are not charged, then at the Site's option it may elect that the amount actually charged shall be deemed to be inclusive of value added, sales or other taxes). Charges are to be paid in the currency in which billed. You agree that we may (at our option) re-submit or accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that we may delay obtaining authorization from your card issuer until submission or re-submission of the accumulated charge(s). This means that accumulated or delayed re-submission charges may appear on the statement you receive from your card issuer. You agree to pay a late charge on all amounts due but not timely paid. The late charge will be one and one-half percent (1 ½%) per month (which equals eighteen per cent (18%) per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate, the late charge will be the maximum rate allowed by law. The late charge will be imposed until all of the overdue amounts are paid, but no late charge will be charged on other late charges. We reserve the right to refer your account to a third party for collection in the event of default.

Checking Account Debits. We may also elect to give you the opportunity to pay for the Service using your checking account. Charges will be withdrawn directly from your account. We may also charge you an additional special handling fee to cover the processing costs of this payment. This will be disclosed on the Purchase Page and the Confirmation E-Mail. The Confirmation E-Mail will specifically include: (1) the date of the draft(s); (2) the amount of the draft(s); (3) the name of the customer from whose account funds will be paid; (4) the fact that the Site will receive the payment; (5) the fact that these debits will be made from the customer's account monthly, until cancellation, and the method of cancellation; and (6) our customer service number for questions and cancellations. If, after reviewing the Confirmation E-Mail, you decide that you wish to cancel the transaction, you can contact customer service.

Update Information. To continue to enjoy the Services without interruption, you must promptly notify us of changes to: (a) the account number or expiration date of your designated card; and (b) your current billing address. You must also promptly notify us if your card is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Member identification, user name or password. We may provide you with an online statement of charges on your account as and when such charges are incurred and/or paid: however, any failure to provide you with a Confirmation E-Mail or online statement does not affect your responsibility to pay any incurred charges. Unless you notify us of any discrepancies or irregularities within forty five (45) days after they first appear in your statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer.

Free Trials. From time to time, we may offer free trials of different features of the Service, such as Premium Memberships, promotional Credits, registration incentives, or other products or services. Generally, you will be asked to enter your credit card or checking account number as a condition of participating in the offer. You will not be charged during the trial period. If you fail to cancel after the expiration of the trial, you will automatically be charged the full price for a month of services. These monthly charges will continue thereafter until you cancel. You will receive notification of any recurring charges on the Purchase Page and in the Confirmation E-Mail. You will not, however, receive subsequent reminders of the monthly charge. You can cancel at any time by following the cancellation instructions posted on the Site. Prices are subject to change without notice.

Termination of Service. We reserve the right to discontinue or terminate the Service at any time for any reason in our sole discretion. If the Site terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, your obligations pursuant to this Agreement will remain in effect.

NOTICE OF CANCELLATION and Refund Policies. If you are dissatisfied with the Service for any reason, you can contact Customer Service in order to address your concerns.

You may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day after you implement this Agreement, excluding Sundays and holidays. In such case, all monies paid under the contract will be refunded to you within ten business days following receipt by the Site of your cancellation notice. Unless specified otherwise by statute, for the purposes of this paragraph a "business day" means any day on which the Service is open for business. Your right to cancel your contract is in addition to any other contract rights or remedies provided by law. If you are a resident of a jurisdiction which provides an additional statutory right of cancellation/rescission, such provisions are hereby incorporated by reference and you may cancel/rescind your contract for the Service within the statutorily specified period after you implement this contract, and all required monies paid under the contract will be refunded to you. In addition, if you die or are disabled during the term of your subscription, your or your estate will be liable for only that portion of the charges allocable to the time before your disability or death.

In all other cases, if you cancel your membership you’ll be able to continue to enjoy its benefits for the duration of the subscription you paid for. Therefore, you will not be entitled to any prorated or other refund. Refunds are issued at our discretion based on the circumstances present in each individual instance. Recurring memberships can be cancelled for the following month by following our instructions posted on the Site.

CHANGES. WE RESERVE THE RIGHT TO CHANGE ANY PORTION OF THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE SERVICES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OR DEEMED ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

DISCLAIMER OF WARRANTIES. UNDER NO CIRCUMSTANCES WILL REC, ITS AFFILIATES OR WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. NEITHER REC, ITS AFFILIATES NOR WE GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ALL COMMUNICATION WITH US, REC, ITS AFFILIATES OR OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. REC, ITS AFFILIATES AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER REC, ITS AFFILIATES NOR WE WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

LIMITATION OF LIABILITY. IN NO EVENT WILL TUMANGO LLC, ITS AFFILIATES OR WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DEATHS, THREATS, TORTS OR INJURIES COMMITTED BY ANY OTHER USERS, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES) DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF WE, REC OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU BY REC, ITS AFFILIATES, OR US FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

TUMANGO LLC, ITS AFFILIATES AND WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE TORTS, ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE SERVICE.

General. It is at the express wish of the parties that this agreement and all related documents have been drawn up in English. Les parties acceptent d'un commun accord que la presente entente soit redigee en anglais. Unless otherwise explicitly stated, these terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Credits or other Services acquired by you shall only be used in the original country of purchase. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods

Choice of Law. This Agreement as construed between you and the Site shall be governed under the laws of the jurisdiction of incorporation of the Site, regardless of conflicts of law principles. However, this Agreement as construed between TUMANGO LLC, its affiliates and yourself shall be governed under the laws of the Province of California, regardless of conflicts of law principles. The Parties agree that the performance of this Agreement, in all its aspects as it pertains to the Site, does not take place outside of the jurisdiction of incorporation of the Site, and performance of this Agreement, in all aspects as it pertains to TUMANGO LLC.

Proceedings. Any disputes or legal proceedings arising out of or relating to this Agreement shall: (i) as they pertain to the Site, at the Site's election be determined via arbitration in the jurisdiction of incorporation of the Site (pursuant to the arbitration rules designated by the Site), or in the courts of the jurisdiction of incorporation of the Site; and (ii) and as they may pertain to TUMANGO LLC or its affiliates, at TUMANGO's election shall be shall be determined via arbitration in the Province of California.