TenX, Inc. Disclaim “Agreement”
Date of Last Revision: March 3, 2016
By using or accessing, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time. You may also want to review the following documents, which provide additional information about your use of TenX:
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from TenX Principles, and is our terms of service that governs our relationship with users and others who interact with TenX, as well as TenX brands, products and services, which we call “Services”. By using or accessing, you agree to this Statement, as updated from time to time.
TenX offers a wide variety of products and services, including communications and advertising platforms. Many of these products and services — such as TenX mobile app, Messenger, and News — are part of your TenX experience. Other services, such as Vendors and Local Business offer more independent experiences (ex: they may not require you to register for or sign in to the service using your TenX account). All of these Services are covered by our Data Policy, which describes how we collect, use and disclose your information. Sometimes supplemental terms may also apply to specific products or services, which we will tell you know about those services. Please note that in some cases, products and services that we offer have their own separate privacy policies and terms.
Because TenX provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this Agreement, supplemental terms shall supersede.
We are developing TenX to improve transaction efficient and transparent in the real estate and other industries, and we believe accomplishing this will benefit millions of users. TenX promotes efficiency and transparency by giving individuals greater power to share and connect, and certain principles guide TenX in pursuing these goals. Achieving these principles should be constrained only by limitations of law, technology, and evolving social norms. We therefore establish these Principles as the foundation of the rights and responsibilities of those within TenX.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information we Collect and How We Use It: We may collect and store information about you when you use the Service. We use the information to fulfill your requests, provide the Service’s functionality, improve the Service’s quality, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Service, and comply with legal obligations.
Among the information we collect, please note:
Intended to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account.
Authentication, Security, and Compliance
Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to use your phone’s geolocation data.
Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.
Intended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.
Managing Cookies: It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. For flash cookies, you can manage your privacy settings. Please note that changing any of these settings does not prevent the display of all advertisements to you.
Log Data: When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, an “TenX User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer's Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Web Beacons: Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Phishing: Identity theft and the practice currently known as “phishing” are of great concern to TenX. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your TenX Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.
Controlling Your Personal Data: Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Service pseudonymously, though doing so could detract from the credibility of your contributions to the Service. Users can also use the Find Friends feature to find one another based on their names or email addresses.
Please also note that the messages you send or receive using the Service are only private to the extent that both you and the person you are communicating with keep them private. For example, if you send a message to another user, that user may choose to publicly post it. Also, TenX may access and disclose such messages in the course of investigations relating to use of the Service.
Termination and TenX Account Cancellation: We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our TenX, and (b) deactivate or cancel your TenX Account. You may cancel your TenX Account at any time by sending an email to feedback@TenX.com that includes your full name and account sign-up email address. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your TenX Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. TenX will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
Children: The Service is intended for general audiences and is not directed to children under 18. We do not knowingly collect personal information from children under 18. If you become aware that a child has provided us with personal information without parental consent, please contact us. If we become aware that a child under 18 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.
We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Security: We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
California Residents Privacy Rights: TenX does not disclose your personal information to third parties for the purpose of directly marketing their services to you unless you first agree to such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in Section 8.
IF YOU ENABLE AUTOMATIC PAYMENTS OF YOUR RENT VIA THE SERVICES, THEN TenX WILL CHARGE YOU ON A MONTHLY BASIS (OR SUCH PERIOD OF TIME YOU HAVE SELECTED FOR RECURRING RENT PAYMENTS) IN THE AMOUNT(S) YOU HAVE DESIGNATED IN YOUR ACCOUNT.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LANDLORDS MAY CREATE ADVERTISEMENTS AND RENTERS MAY BROWSE AND CONNECT WITH LANDLORDS SUCH ADVERTISEMENTS. YOU UNDERSTAND AND AGREE THAT TenX IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LANDLORDS AND RENTERS, NOR IS TenX A REAL ESTATE BROKER, AGENT OR INSURER. TenX HAS NO CONTROL OVER THE CONDUCT OF LANDLORDS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Definitions: Capitalized terms shall have the meanings set forth in this section, or in the section where they are first used.
Modification: TenX reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice. When changes are made to these Terms, we will post a new copy of the Terms on the Site or via the Application, and will also update the “Last Updated Date” at the top of these Terms. If we make any material changes to the Terms, and you have registered with us to create an TenX Account (as defined in Section 4 below) we will also send an-email to you at the last email address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Services, provided that any material changes shall be effective for Members upon the earlier of thirty (30) days after posting notice of such changes on the Site, or thirty (30) days after the dispatch of an email notice of such changes to Members. TenX may require you to provide consent to the updated Terms in a specified manner before any further use of the Site, Application and/or Services is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Site, Application and Services. Otherwise your continued use of the Site, Application or Services will constitute your acceptance of the modified Terms. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Service as a Venue Only: The Site, Application and Services (collectively, the “TenX Properties”) enable Renters to browse and search Advertisements posted by Landlords. You may view Advertisements as an unregistered visitor to TenX Properties; however, if you wish to create a Advertisement, you must first register to create a TenX Account (defined below) and become a Member.
Your Content: TenX owns all of the content and information you post on TenX. When you publish content or information, it means that you are allowing everyone, including people from TenX, to access and use that information, and to associate it with you. We always appreciate your feedback or other suggestions about TenX, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against TenX and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Responsibility for Your Content: You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by TenX.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Advertising: TenX and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Other: User Content (including any that may have been created by users employed or contracted by TenX) does not necessarily reflect the opinion of TenX. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
Responsibility for Content: No Obligation to Pre-Screen Content. You acknowledge that TenX has no obligation to pre-screen Content (including, but not limited to, Member Content), although TenX reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Content you upload, transmit, distribute, post, email or otherwise make available (“Make Available”) to TenX (“Your Content”), including without limitation chat, text, or voice communications. In the event that TenX pre-screens, refuses or removes any Content, you acknowledge that TenX will do so for TenX’s benefit, not yours. Without limiting the foregoing, TenX shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Storage: Unless expressly agreed to by TenX in writing elsewhere, TenX has no obligation to store any of Your Content that you Make Available on TenX Properties. TenX has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of TenX Properties.
Safety: We do our best to keep TenX safe, but we cannot guarantee it. We need your help to keep TenX safe, which includes the following commitments by you:
Registration and Account Security: TenX users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
Protecting Other People's Rights: We respect other people's rights, and expect you to do the same.
Mobile and Other Devices
We have provided some section headers for your convenience, but you should carefully read through these Community Payments Terms (the "Terms") in order to understand your rights and responsibilities, as well as ours.
Making Purchases: Funding and spending. When you make a purchase using TenX Payments, you agree to provide a valid funding instrument to load money into your electronic value balance. When you have successfully completed this funding transaction, we will then transfer that value to the developer offering the content you wish to purchase.
Pricing: Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, all of which you are responsible for funding.
Extra terms. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
Subscriptions: If you purchase a subscription to an app or to a feature within an app, we will bill your funding instrument immediately, and then again at the beginning of each subscription period. The following terms apply for subscriptions purchased through TenX Payments:
Sponsored posts. Posts you have Sponsored are subject to our Advertising Guidelines.
Actual sale. With the sole exception of Section 1.7, below, you may only use TenX Payments to process a funding transaction for a legitimate, bona fide purchase of a product or service. Except as set forth below, you may not use TenX Payments to fund a transaction or otherwise transfer electronic value not in conjunction with a purchase.
Person-to-Person Transfer. Person-to-Person transfer of electronic value ("P2P") may be made available to you in the Messenger service at our sole discretion. If you use P2P, you consent to the following applicable risks and other terms:
No Warranties: You acknowledge that the products or services you may purchase are sold by merchants, not by TenX. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH TenX.
Funding instruments: We want to make TenX Payments convenient, so we allow you to fund your transactions using a number of different sources, like credit cards and debit cards, TenX Gift Cards, and other payment methods.
Authority: When you provide a funding instrument to us, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
Authorization. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your TenX Payments transaction, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
Failed funding: If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
TenX Gift Cards. TenX Gift Cards may be used to increase your electronic value balance ("Balance") on TenX. You can then use this Balance on our platform as a payment method.
The following terms apply to Balances:
Incompatibility: You may at some point encounter an app or feature that does not support the payment method you would prefer to use – for example, if an item or feature that you wish to purchase is priced in local currency, you won’t be able to use Credits as a payment method; however, you can select a different type of payment instrument (such as credit or debit card, or mobile operator billing).
Mobile billing. Mobile operator billing is another payment method we have made available for your convenience. If you use mobile billing as a funding instrument, you consent to the following applicable risks and other terms:
Boleto (Pre-paid): If you use boleto as a payment method, you consent to the following applicable risks and other terms:
Refunds: Due to technical limitations, we are able to provide refunds ONLY by making cash deposit into a bank account. If you make a purchase with boleto and later request a refund for any reason, you MUST have a bank account in order to receive the refund. Additionally, the name on the bank account receiving the refund deposit MUST match the name on the boleto used to make the payment.
Safety: We may delay or limit the availability of your purchase, for either safety reasons, or to make sure we possess all relevant information necessary to process the payment and deliver to you what you have paid for.
Information: You agree and consent that we will store your tax id (CNPJ/CPF). We may use your tax id to obtain additional information about you, necessary to process the payment, from the federal tax id registration database provided by the Brazilian government, via a third-party processor. We will also submit final tax documents to the Brazilian government as required.
Actions We May Take
At-will use: We may revoke your eligibility to use TenX Payments at any time at our sole discretion.
Inquiries. By using TenX Payments, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
Our right to cancel. We may cancel any transaction if we believe the transaction violates these Terms or the Statement of Rights and Responsibilities, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.
Payment limitations: In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account.
Sharing of information. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Abandoned Property: If you leave a Balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a Balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your Balance to the appropriate governing body as required by law.
Disputes and Reversals
Customer assistance: Subject to Sections 4.2, 4.3, 4.4, and 4.5 below, we provide various tools in our TenX Payments Support Center to assist you in communicating with a third party to resolve a dispute arising from a payment transaction.
No liability for spent transaction: If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for the goods or services underlying the transaction. Our only responsibility is to handle your funding transaction. All funding transactions are final unless required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your funded amount.
Duty to notify us: If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
Intervention: We may intervene in disputes concerning payments that may arise between you and a developer, but we have no obligation to do so.
Technical difficulties. If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time.
Special Provisions Applicable to Advertisers
Agreement to pay: When you purchase advertising or promoted posts on or through TenX, you agree to pay all amounts specified in the order, along with any applicable taxes.
Consent to credit check: Your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter. I authorize TenX to make inquiries and to obtain my personal and financial Information, make inquiries and obtain information from my current and previous employers, landlords and banking institutions and I authorize my current and previous employers, landlords and banking institutions to disclose my Information to TenX. I further authorize TenX to share this information with third parties for the purpose of helping me find a landlord approval.
Security: You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
Direct debit. If you are making direct debit payments, you agree that we can charge you any amount that falls within the range you agreed to upon sign-up/registration. We will notify you in advance if any charge will exceed the agreed-upon range. If you want to change your preferred payment method from direct debit, you can do so from within your TenX Payment Settings.
Cancellation: You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads.
Tax liability. The amounts charged to you by us, whether through your credit card or otherwise, may be subject to and include applicable taxes, including without limitation withholding taxes. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
Delinquent accounts: If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
Prepaid Account: You may have the option to purchase ads with a prepaid account. Amounts prepaid are non-refundable except where required by law. TenX is not a bank and does not offer banking services; accordingly, prepaid amounts do not earn interest, are not deposit obligations, and are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private.
Notices and Amendments to These Terms
Notice to you: By using TenX Payments service, you agree that we may communicate with you electronically any important information regarding your purchases or your account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
Notice to us: Except as otherwise stated, you must send notices to us relating to TenX Payments and these Terms by email to: email@example.com
Amendment guidelines: We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction.
Alaska users: If you have concerns with respect to the money transmission activities conducted via this website, you may contact the Alaska Division of Banking and Securities at 907-269-8140, or by mailing state required form to 550 West 7th Avenue, Suite 1850, Anchorage, AK 99501.
California users: If you have complaints with respect to any aspect of the money transmission activities conducted via this website, you may contact the California Department of Business Oversight at its toll-free telephone number, 1-866-275-2677, by e-mail at firstname.lastname@example.org, or by mail at Department of Business Oversight, Consumer Services, 1515K Street, Suite 200, Sacramento, CA 95814.
Colorado users: other than FDIC-insured financial institutions that conduct money transmission activities in Colorado, including the sale of money orders, transfer of funds, and other instruments for the payment of money or credit are required to be licensed by the Colorado Division of Banking pursuant to the Money Transmitters Act, Title 12, Article 52, Colorado Revised Statutes. If there are questions or concerns regarding a transaction with a licensee, please contact the Colorado Division of Banking at 303-894-7575 or by mail at: Colorado Division of Banking, 1560 Broadway, Suite 975, Denver, Colorado 80202. Consumer complaints should be in writing, providing as much detail as possible. Please include the following information. (1) The name of the institution and the name of any person(s) at the institution with whom the complainant has had contact. Include telephone number(s) and addresses. (2) A complete description of the complaint and any efforts that have been made to resolve the complaint directly with the institution. (3) Copies of any available documentation supporting the complaint and efforts toward resolution. (4) Any suggestions regarding a preferred resolution of the complaint.
Florida users: If you are a user in the State of Florida and you still have an unresolved complaint regarding TenX Payments Inc.'s money transmission activity after first contacting TenX Payments Inc., please direct your inquiry to: Florida Office of Financial Regulation, 200 E. Gaines Street, Tallahassee, FL 32399-0376, or at 1-800-848-3792.
Illinois users: If you are a user in the State of Illinois and you still have an unresolved complaint regarding TenX Payments Inc.'s money transmission activity after first contacting TenX Payments Inc., please direct your inquiry to: Illinois Department of Financial and Professional Regulation at 1-888-298-8089.
Maryland users: The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding TenX Payments Inc., license number 9180, at Commissioner of Financial Regulation, Attention: Consumer Services Unit, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202. The Commissioner’s toll-free telephone number is: 1-888-784-0136.
Texas users: If you have a complaint, first contact the consumer assistance division of TenX Payments Inc. online at TenX Payments Support Center or through our automated toll-free TenX Payments customer support line at 1-866-238-8605. If you still have an unresolved complaint regarding TenX Payments Inc.'s money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll-free), www.dob.texas.gov.
Conflict of terms: All of the commitments you make in TenX Statement of Rights and Responsibilities apply to your use of TenX Payments. In the event of any conflict between these Terms and TenX Statement of Rights and Responsibilities, the Community Payments Terms shall prevail.
Conflict of laws. Some countries may restrict or prohibit your ability to make payments through TenX. Nothing in these Terms should be read to override or circumvent any such foreign laws.
“Us”. Without limiting Section 8.1, above, the following are the to which “us,” “we,” “our,” or “TenX” refer if you are a resident of or have your principal place of business in the U.S. or Canada, these Payments Terms are between you and TenX Payments Inc., an Illinois corporation.
About Advertisements and Other Commercial Content Served or Enhanced by TenX
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
Special Provisions Applicable to Advertisers: If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on TenX or our publisher network will comply with our Advertising Policy.
Special Provisions Applicable to Pages: If you create or administer a Page on TenX, or run a promotion or an offer from your Page, you agree to our Pages Terms.
The following terms, as well as our Data Policy and Statement of Rights and Responsibilities, apply to all Pages on TenX. Additionally, all content on Pages must comply with our Community Standards. You are responsible for ensuring that your Page complies with all applicable laws, statutes, and regulations.
General: A Page for a brand, entity (place or organization), or public figure may be administered only by an authorized representative of that brand, entity (place or organization) or public figure (an “official Page”).
Any user may create a Page to express support for or interest in a brand, entity (place or organization), or public figure, provided that it does not mislead others into thinking it is an official Page, or violate someone's rights. If your Page is not the official Page of a brand, entity (place or organization) or public figure, you must:
Content posted to a Page: You are required to restrict access to Pages (through our gating functionality) as necessary to comply with applicable laws and TenX policies, including our Community Standards. Content posted to a Page is public and viewable by everyone who can see the Page.
You may not establish terms for your Page that conflict with our Statement of Rights and Responsibilities, Data Policy or these terms.
Page Management: Page names such as Page Names and Web Addresses and TenX Web Addresses must accurately reflect Page Content. We may remove administrative rights or require you to change the Page name and TenX Web Address for any Page that fails to meet this requirement.
Page names must:
Name Changes and Migrations: We will only process name changes and migrations that do not result in a misleading or unintended connection. You may not request a name change or migration that would result in re-categorizing a product Page to a brand Page, a generic or opinion Page to a brand Page, or a Group to a Page. All migrations are at our discretion and are final.
Collection of Data: If you collect content and information directly from users, you will make it clear that you (and not TenX) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information. You will not collect users' content or information, or otherwise access TenX, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. Any data you obtain from us must comply with our TenX Platform Policy.
Offers: If you create an offer using TenX’s offer creation tool, the following policies apply:
Promotions: If you use TenX to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
Promotions on TenX must include the following:
Promotions may be administered on Pages or within apps on TenX. Personal Timelines and friend connections must not be used to administer promotions (ex: “share on your Timeline to enter” or “share on your friend's Timeline to get additional entries”, and "tag your friends in this post to enter" are not permitted). We will not assist you in the administration of your promotion, and you agree that if you use our service to administer your promotion, you do so at your own risk.
Page Content: Pages promoting the private sale of regulated goods or services (including firearms, alcohol, tobacco, or adult products) must restrict access to a minimum age of 18.
Amended Pages Terms for State and Local Governments in the United States
The Ad Review Process: Before ads show up on TenX, they’re reviewed to make sure they meet our Advertising Policies (formerly known as the "Advertising Guidelines"). Typically most ads are reviewed within 24 hours, although in some cases it may take longer.
Below are the most common reasons why ads don't pass our review.
1) Using Text in Images
Ads may not include images with text that covers more than 20% of the image's area.
The 20% text policy doesn't include:
The 20% text policy does include:
Keep in mind text will be marked even if it occupies only a small portion of a box in the grid tool.
The only thing we consider text in this image is the logo on the bottom left. The amount of text in this image exceeds our 20% policy and would not be allowed in an ad. In part, this is because using images with minimal text makes your content more engaging and helps to ensure that people only see high-quality content on TenX. This guideline applies to all ads, including video thumbnails. Learn more about this policy. If you still have questions about an ad of yours that was disapproved, please contact us.
2) Mentioning TenX in Your Ads
Sometimes you may need to refer to TenX in an ad. There are a few rules to remember when you do this.
Learn more about this policy. If you have questions about an ad of yours that was wasn’t approved, please contact us.
3) Age-Restricted Material
Some ads aren’t approved because they might be trying to show photos or messages to an audience that's too young. For example, ads for alcohol must meet certain guidelines which include restrictions on age based on the targeted location's laws on alcohol ads.
Learn more about this policy. If you have questions about an ad of yours that was disapproved, please contact us.
Things You Should Know. The Advertising Policies apply to all ads and commercial content served by or purchased through TenX, on or off TenX and ads appearing within apps on TenX
You may be subject to additional terms or guidelines if you use certain TenX advertising-related products or services.
Advertisers are responsible for understanding and complying with all applicable laws and regulations. Failure to comply may result in a variety of consequences, including the cancellation of ads you have placed and termination of your account.
We do not use sensitive personal data for ad targeting. Topics you choose for targeting your ad don't reflect the personal beliefs, characteristics or values of users.
If you are managing ads on behalf of other advertisers, each advertiser or client must be managed through separate ad accounts. You must not change the advertiser or client associated with an established ad account; set up a new account. You are responsible for ensuring that each advertiser complies with our Policies.
We reserve the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy.
For policies that require prior written permission, TenX may grant these permissions.
These policies are subject to change at any time without notice.
Prohibited Content: Ads must not constitute, facilitate, or promote illegal products, services or activities. Ads targeted to minors must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted.
Ads must not promote the sale or use of the following:
Images may not be overly sexual, imply nudity, show excessive amounts of skin or cleavage, or focus unnecessarily on body parts - even if portrayed for artistic or educational reasons.
Images that are scary, gory or sensational are not allowed as they may shock or evoke a negative response from viewers.
Content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in a trade union, criminal record, or name.
EXAMPLE: RACE, RELIGION, NAME
Referring to people's personal attributes is not allowed. Using the word "other" may also cause your ad to be disapproved.
Also, avoid the following:
4) Restricted Content
5) Video Ads
6) Prohibited content:
7) Entertainment related restrictions:
10) Text in Images
11) Lead Ads
The same or substantially similar information that you could use a Template Question to request;
Usernames or passwords;
Race or ethnicity;
Sexual orientation or information about the sexual life of the individual;
Religion or philosophical beliefs;
Trade Union membership status; or
Criminal or arrest history;
12) Use of our Brand Assets
Data Use Restrictions
Special Provisions Applicable to Software
Special Provisions Applicable to Users Outside the United States
We give you the power to share as part of our mission to make the world more open and connected. This policy describes what information we collect and how it is used and shared. You can find additional tools and information at Privacy Basics.
What kinds of information do we collect?
Depending on which Services you use, we collect different kinds of information from or about you.
Things you do and information you provide.
We collect the content and other information you provide when you use our Services, including when you sign up for an account, create or share, and message or communicate with others. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.
We collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect:
How we use this information
When we have location information, we use it to tailor our Services for you and others, like helping you to check-in and find local events or offers in your area or tell your friends that you are nearby.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
Communicating with you
Promoting safety and security
We store data for as long as it is necessary to provide products and services to you and others, including those described above. Information associated with your account will be kept until your account is deleted, unless we no longer need the data to provide products and services.
Deleting your account
You can delete your account any time. When you delete your account, we delete things you have posted, such as your photos and status updates. If you do not want to delete your account, but want to temporarily stop using TenX, you may deactivate your account instead. To learn more about deactivating or deleting your account, click here. Keep in mind that information that others have shared about you is not part of your account and will not be deleted when you delete your account.
People use our Services to connect and share with others. We make this possible by sharing your information in the following ways:
Public information is any information you share with a public audience, as well as information in your Public Profile, or content you share on a TenX Page or another public forum. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV.
In some cases, people you share and communicate with may download or re-share this content with others on and off our Services. When you comment on another person’s post or like their content on TenX, that person decides the audience who can see your comment or like. If their audience is public, your comment will also be public.
People that see content others share about you:
If the ownership or control of all or part of our Services or their assets changes, we may transfer your information to the new owner.
Please review your advertising preferences to understand why you’re seeing a particular ad on TenX. You can adjust your ad preferences if you want to control and manage your ad experience on TenX.
Vendors, service providers and other partners
We transfer information to vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our Services are used, measuring the effectiveness of ads and services, providing customer service, facilitating payments, or conducting academic research and surveys. These partners must adhere to strict confidentiality obligations in a way that is consistent with this Data Policy and the agreements we enter into with them.
Respond to legal requests or prevent harm
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of our Services. Information we receive about you, including financial transaction data related to purchases made with TenX, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
Third parties may receive information about you as follows:
Sharing With Third-Party Partners and Customers
We work with third party companies who help us provide and improve our Services or who use advertising or related products, which makes it possible to operate our companies and provide free services to people around the world.
Here are the types of third parties with whom we can share information about you
Advertising, Measurement and Analytics Services (Non-Personally Identifiable Information Only).
We want our advertising to be as relevant and interesting as the other information you find on our Services. With this in mind, we use all of the information we have about you to show you relevant ads. We do not share information that personally identifies you (personally identifiable information is information like name or email address that can by itself be used to contact you or identifies who you are) with advertising, measurement or analytics partners unless you give us permission. We may provide these partners with information about the reach and effectiveness of their advertising without providing information that personally identifies you, or if we have aggregated the information so that it does not personally identify you. For example, we may tell an advertiser how its ads performed, or how many people viewed their ads or installed an app after seeing an ad, or provide non-personally identifying demographic information (such as 25 year old female, in Madrid, who likes software engineering) to these partners to help them understand their audience or customers, but only after the advertiser has agreed to abide by our advertiser guidelines.
We will notify you of changes to this policy
We’ll notify you before we make changes to this policy and give you the opportunity to review and comment on the revised policy before continuing to use our Services.
How to contact TenX with questions
To learn more about how privacy works on TenX, please check out Privacy Basics. If you have questions about this policy, here’s how you can reach us: email@example.com
Permission to Use the Site: We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Site Availability: The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Communications from TenX and other Users: By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood. You can opt-out of non-essential communications by emailing firstname.lastname@example.org.
Restrictions: We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
You also agree not to, and will not assist, encourage, or enable others to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us by email to: email@example.com, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
Deals and Advertising
Suggestions and Improvements
Use of API’S
Disclaimer and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF TenX TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT TenX MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
TENX MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, TenX ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS ADVERTISEMENTS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
TENX MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, TenX ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
TenX EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF TenX SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
TENX MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO TenX IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
TENX DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
Renter and Landlord Service Agreement
TenX also acts as a venue to allow Renters and Landlords to meet online and communicate with one another based on interest of Landlord’s Advertisements. We urge all users to be responsible about their use of the Service and any transaction entered into as a result of either Advertising their property or renting property. You acknowledge and agree that TenX is a not a party to any rental, lease or other agreement between users, and that TenX does not own, sell, resell, furnish, provide, rent, re-rent, manage or control any properties appearing in any Advertisement. As a result, any part of an actual or potential transaction between a Landlord and a Renter, including the quality, condition, safety, or legality of the Advertisements advertised (or the properties appearing therein), the truth and accuracy of the Advertisements (including the content thereof or any property or review), the ability of Landlords to rent property or the ability of Renters to pay for certain property are solely the responsibility of each user.
TenX CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY Advertisements AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ADVERTISEMENTS. TenX IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ADVERTISEMENTS. ACCORDINGLY, ANY CONTACT BETWEEN LANDLORDS AND RENTERS WILL BE MADE AT EACH PARTY'S OWN RISK.
Account Registration: In order to access certain features of TenX Properties, or to create a Advertisement, you must register to create an account (a “TenX Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
We will create your TenX Account and your TenX Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active TenX Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. TenX reserves the right to suspend or terminate your TenX Account and your access to the Site, Application and Services if you create more than one (1) TenX Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your TenX Account, whether or not you have authorized such activities or actions. You will immediately notify TenX of any unauthorized use of your TenX Account.
Rental Advertisements. As a Member, you may create Advertisements. To this end, you will be asked a variety of questions about the rental property to be listed (“Rental”), including, but not limited to, the location, size, features, photos, availability of the Rental and pricing. In order to be featured in Advertisements via TenX Properties, all Rentals must have a valid physical address and a minimum of three photos.Advertisements will be made publicly available via TenX Properties, as well as on the websites and services of our third party partners. TenX may also place signs at the physical location of certain Advertisements in order to increase awareness of your Advertisement. Other Members will be able to view your Rental via TenX Properties based upon the information provided in your Advertisement.
You agree to use the most accurate, current and complete information about your Advertisement and to update such information to keep it accurate, current and complete.
You acknowledge and agree that you are responsible for any and all Advertisements you post. Accordingly, you represent and warrant that any Advertisement you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Rental included in a Advertisement you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that TenX assumes no responsibility for a Landlord's compliance with any applicable laws, rules and regulations. TenX reserves the right, at any time and without prior notice, to remove or disable access to any Advertisement for any reason, including Advertisements that TenX, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You understand and agree that TenX does not act as an insurer or as a contracting agent for you as a Landlord. If a Renter signs a lease with you for your Rental, any agreement you enter into with such Renter is between you and the Renter and TenX is not a party thereto.
Furthermore, you acknowledge and agree that TenX is not an insurance agent or a party to an insurance agreement between you and any other user. TenX does not hold any insurance policy which names you or any other user as a named insured or additional insured. In the event of any injury or damage (whether personal or property) arising under any rental agreement between you and any other user, you acknowledge that neither TenX, nor its own insurers, will provide you with any form of insurance coverage.
Ownership: As between you and TenX, you own Your Content. We own TenX Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with TenX Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of TenX Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and TenX Content are retained by us.
Fees and Payment Terms: Joining the Service and searching for Advertisements is free. We do, however, charge fees for using other services, such as paying your rent via the Service (“Paid Services”). The fees we do charge for using our Paid Services are listed on our Fee Schedule (https://www.TenX.com/paymyrent/faq), which we may change from time to time. Changes to that schedule are effective after we provide you with at least thirty (30) days’ notice by posting the changes on the Service. We may choose to temporarily change the fees for our Services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Service. You agree to pay all charges incurred by you or any users of your TenX Account and payment card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You must provide TenX with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Paid Services. Your Payment Provider agreement governs your use of the designated credit or debit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing TenX with your credit or debit card number and associated payment information, you agree that TenX and its third party payment processor is authorized to immediately invoice your TenX Account for all fees and charges due and payable to TenX hereunder and that no additional notice or consent is required. You also agree that you are: (i) making a bona fide rent payment (ii) authorized to use your payment card used to make a rent payment, (iii) adhering to the rules established by your Payment Provider in connection with the use of the card, and (iv) not knowingly engaging in any transaction that is illegal or that you should have known was illegal.
To qualify for a rent payment delivery guarantee claim you must:
TenX will not honor our Rent Payment Delivery Guarantee and reimburse you a late fee:
Late Fee Reimbursement:
Filing a rent payment delivery guarantee Claim: If you wish to file a claim, you must email us within 14 days of the payment due date to feedback@TenX.com, with the subject 'rent payment delivery guarantee Claim'. Failure to follow our claim process can result in delays to our process, which ultimately impacts our ability to promptly reimburse you for valid late fees.
TenX shall not be liable, and does not accept liability for, any late fees or penalties charged to you as a result of: (i) your lack of sufficient funds or any actions or inactions of third parties, including any decision by your Payment Provider not to pay your rent; (ii) any non-compliance with the rent payment delivery guarantee process set forth above; (iii) your failure to provide TenX with an accurate, current and complete address for your landlord; (iv) any wrongful fees or penalties charged to you by your landlord; or (v) any act, event or occurrence beyond TenX’s reasonable control.
Landlord’s Rental Income Guarantee Agreement: If landlord chooses to purchase a Rental Income Guarantee, Landlord agrees to abide by these additional terms:
Landlord further agrees to all of the following conditions of service:
Tenant’s Landlord Approval Guarantee Agreement: If tenant/applicant chooses to purchase a Landlord Approval Guarantee, tenant/applicant agrees to abide by the additional terms of this agreement:
When you sign up for TenX’s text alert program you are expressly consenting to receive text messages on behalf of TenX, to verify that you are human and that the you are the person that created or is using your TenX Account (the “Text Services”).
You may opt out of the Text Services at any time by texting the word STOP to 872-529-2228 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from TenX regarding the verification of your identity. If you need help with our Text Services, then please email feedback@TenX.com.
We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services.
The Text Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.
You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.
TenX’s Copyright Agent to receive DMCA Takedown Notices is: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for TenX to be authorized to take down any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF TenX PROPERTIES IS AT YOUR SOLE RISK, AND TenX PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOU ACKNOWLEDGE AND AGREE THAT TenX DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND Landlords, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. TenX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT. TenX MAKES NO WARRANTY THAT TenX PROPERTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TenX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ADVERTISEMENT, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TenX OR THROUGH TenX PROPERTIES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF TENX PROPERTIES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF TenX PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY Landlords OR RENTERS. YOU UNDERSTAND THAT TenX DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF TenX PROPERTIES OR TO REVIEW OR VISIT ANY RENTALS TO VERIFY THE ACCURACY OF THE ADVERTISEMENT, ITS CONDITION OR SUITABILITY FOR HUMAN INHABITATION. TenX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF TenX PROPERTIES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF TenX PROPERTIES. TENX EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
LIMITATIONS AND LIABILITY. NEITHER TENX NOR ANY OF ITS SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH TENX PROPERTIES, INCLUDING LOST PROFITS, LOSS OF DATA OR ANY DAMAGES OR COSTS DUE TO LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS (EXCLUDING TENX’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), FROM THE USE OF OR INABILITY TO USE TenX PROPERTIES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF TenX PROPERTIES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF TENX PROPERTIES FROM YOUR ADVERTISEMENT OF ANY RENTAL VIA TenX PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TenX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL TENX’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF TenX PROPERTIES , EXCEED: (A) THE AMOUNTS YOU HAVE PAID TO TenX AS A RESULT OF YOUR USE OF TenX PROPERTIES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO THE LIABILITY; (B)IF YOU ARE A LANDLORD, THE AMOUNTS PAID BY TenX TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO THE LIABILITY; OR (C) IN THE EVENT YOU HAVE NOT PAID TenX AND TenX HAS NOT PAID YOU, ANY AMOUNTS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO LIABILITY, ONE HUNDRED DOLLARS ($100).. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TENX AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to release, defend, indemnify, and hold TenX and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of TenX Properties or your violation of these Terms; (b) Your Content; (c) your interaction with any Member; or (d) your Advertisement(s).
Accessing and Downloading the Application from an App Store. The following applies to any Application accessed through or downloaded from an App Store (“App Store Sourced Application”):
Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between TenX and you regarding TenX Properties, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the parties with respect to such subject matter.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without TenX's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TenX may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TenX (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You may give notice to TenX at the following address: feedback@TenX.com.
Electronic Communications: The communications between you and TenX use electronic means, whether you visit TenX Properties or send TenX e-mails, or whether TenX posts notices on TenX Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from TenX in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TenX provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Arbitration: Class Action Waiver: Please read this Arbitration Agreement carefully. It is part of your contract with TenX and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER (“Arbitration Agreement”).
Applicability of Arbitration Agreement: Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at feedback@TenX.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding individual arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by individual arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.
Class action waiver: You acknowledge and agree that you and TenX are each waiving any right they may have to participate as a plaintiff or class member in any purported class action or representative proceeding and that the arbitrator may not otherwise preside over any form of any class or representative proceeding. Further, unless both you and TenX otherwise agree in writing, the arbitrator may not consolidate more than one person's claims. If this specific paragraph is held unenforceable, then the entirety of this Arbitration Agreement section will be deemed void. Except as provided in the preceding sentence, this “Arbitration Agreement” section will survive any termination of these Terms.
Arbitration Rules and Governing Law: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Initiation Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Illinois and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure: Unless you and TenX otherwise agree, the arbitration will be conducted within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TenX submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorney's’ fees and expenses, to the extent provided under applicable law.
Fees: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, TenX will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes: Notwithstanding the provisions of the “Modification” section above, if TenX changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to feedback@TenX.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of TenX's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TenX in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Emergency Equitable Relief: Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Waiver; Severability: The failure of TenX to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TenX. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Export Control: You may not use, export, import, or transfer TenX Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained TenX Properties, and any other applicable laws. In particular, but without limitation, TenX Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using TenX Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer TenX products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Force Majeure: TenX shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Information Collection and Use: Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the “Service”) and to enable our customers to enjoy and easily navigate the Site and Application.
Personally Identifiable Information: When you register with us through the Site or Application and become a Member and when you choose to post a Advertisement, or when you wish to contact another Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (”Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), and home postal address but does not include your credit card number or billing information.
In order to process some of your transactions through the Site and Application such as the payment of rent to a property owner or property management company, we may also ask for your credit card number and other billing information (“Billing Information”) (Billing Information and Identity Information together, “Personal Information”). If the address of a Advertisement you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We reserve the right to require address confirmation in Advertisements.
We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application by completing the required forms.
Data collection: We also collect the other information that you provide as part of registration and the administration and personalization of your TenX Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (“Non-Identifying Information”). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Anonymizing your data: We may create anonymous data (i.e. data that is not associated with or linked to your Personal Information) records from Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Marketing: We also use your Personal Information to contact you with TenX newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “Notifications” information. (See “Changing or Deleting Information”, below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
TenX Members and Users: When you create a TenX Account, we will set up a TenX Account profile page for you. Your TenX Account profile page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your TenX Account profile page – including, but not limited to, your telephone number and email address. We will display your Profile Information in your TenX Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all TenX Users and consequently should reflect how much you want other TenX Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.
Advertisements: If you post an Advertisement, we may publish that Advertisement publicly via the Site and Application and may enable third parties to publish your Advertisement on their websites through the use of an HTML “widget”. We may also display the geographical location of your Advertisement in the form of a map so that potential Guests can see the general area and neighborhood of your Advertisement, including your actual street address so that renters are able to get directions to your Advertisement. The information that you provide in your Advertisement will be visible to others, including anonymous visitors to the Services.
Aggregate Information and Non-Identifying Information: We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Compliance with Laws and Law Enforcement: TenX cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of TenX or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary to protect the property and rights of TenX or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Security: TenX is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Testimonials: With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us.
Non-compete; Non-disclosure Agreement
This Agreement is made and entered into by and between TenX, Inc. (individually and collectively known as “Discloser”) and user (individually, a “Receiver” and collectively, (the “Receivers”). The Receiver(s) may engaged in and learn about TenX, it’s operations and other competitive information “Confidential Information”, and agrees not to use this confidential and proprietary information in a way that may be damaging or detrimental to TenX under the terms of this Agreement. The respective affiliates, partners, directors, officers, employees, representatives, agents, financing sources and advisors of each of Receiver or Discloser are collectively referred to as its respective “Agents”. In consideration of the foregoing, and the covenants and agreements set forth herein, the Receivers agree as provided in this Agreement.
“Confidential Information” means Disclosers proprietary or confidential data, documents, records, computer programs, disks and cds and other information, including those relating to its business, plans, strategies, customers, suppliers, opportunities, financial statements and information, tax returns, cost and pricing information and related matters, and the existence and content of this Agreement. Confidential Information also includes (i) any and all analyses, compilations, studies or other documents, computer programs, disks and cd's prepared by Receiver, or any of Receiver’s Agents, which contain or otherwise reflect such Confidential Information, either in its entirety or in summary form, (ii) the existence and content of any communications between the Parties or the Discussions (iii) the fact that Confidential Information has been delivered to Receiver or that Receiver has reviewed any Confidential Information, or (iv) the fact that Receiver or Discloser has expressed a possible interest in the Contemplated Transaction or that Discloser has any interest in any transaction. Confidential Information does not include information which (i) is or becomes generally available to the public or the industry in which Discloser is engaged in business, other than as a result of disclosure in violation of this Agreement, or (ii) is known to the Receiver prior to the execution hereof, or (iii) is made available to Receiver from a source other than Discloser or its Agents and not, to Receivers knowledge, in violation of Disclosers proprietary rights, or (iv) which the Discloser agrees in writing is free from such restrictions.
Receiver agrees that Receiver and its Agents shall at all times hold the Confidential Information in Confidence, and that none of them will, without the prior written consent of Discloser, disclose or divulge any of the same in any manner whatsoever, in whole or in part to anyone, including any employee of Discloser. However, Receiver may disclose or divulge the Confidential Information to those of its Agents with notification to the Discloser of the agents involved and the information provided to the agent who, in Receivers reasonable judgment, needs to know the Confidential Information in order for Receiver to evaluate the Contemplated Transaction provided that each such Agent agrees to be bound by the terms of this Agreement as a Receiver and does not breach or default under any obligation of Receiver in this Agreement. Receiver agrees that all of the Confidential Information which is provided by Discloser or its Agents is, will be and shall always remain the sole and exclusive property of Discloser.
Disclosure of Confidential Information to Receiver, or to its Agents, is for the sole purpose of permitting Receiver to review the assets, liabilities, operations and business of Discloser in order to evaluate or implement the Contemplated Transaction. The Confidential Information will be received by Receiver and its Agents solely for such purpose and for no other purpose or benefit. Neither Receiver nor its Agents will use any Confidential Information (i) in furtherance of Receivers or any other business, or (ii) to the detriment of Discloser, or (iii) in any manner competitive with Discloser.
Upon Disclosers written request, (i) Receiver will cause all Confidential Information and all copies thereof to be promptly returned to Discloser or destroyed, and any analyses, compilations, studies or other documents, computer programs, disks, and cds prepared by or for Receiver or its Agents from the Confidential Information to be destroyed, (ii) Receiver shall promptly confirm any such destruction in writing to Discloser, and (iii) unless permitted by Discloser in writing, neither Receiver nor any such person or entity receiving any of the same from Receiver shall retain any copies thereof. Notwithstanding the foregoing, Receivers legal counsel may, solely for evidentiary purposes, retain a copy of all such Confidential Information subject to the terms of this Agreement.
Neither Discloser nor its Agents make any representations or warranties as to the accuracy or completeness of any Confidential Information, and each Party expressly disclaims any and all liability of Discloser based upon such Confidential Information. Discloser or Receiver may terminate the Discussions with the other party at any time, with or without any reason. Neither party is under any obligation to negotiate or enter into the Contemplated Transaction nor, by virtue of this Agreement, any transaction with the other. No license, under any trademark, patent, copyright, and mask work protection right or any other intellectual property right, is either granted or implied by the conveying of the Confidential Information to the Receiver.
No failure or delay by either Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege under this Agreement.
Receiver agrees that, for a period of two (2) years beginning on the date of this Agreement, neither Receiver nor any of its Agents, will, without prior written consent of Discloser: hire, solicit to hire or seek to cause to leave the employ of Discloser, (i) any employee of Discloser, or any affiliate of it, with whom Receiver has had contact, or who or whose performance became known to Receiver during the Discussions, or (ii) any executive or manager of Discloser, or contact any customer, supplier or employee of Discloser, regarding Discloser or any Confidential Information without the prior written consent of Discloser, or with intent to violate this Agreement, or interfere in the relationship of Discloser with any of its employees, agents, representatives, customers or suppliers. For purposes of this Agreement, “Customer” means any person or entity to whom Discloser provided products or services during the one (1) year period prior to the date of this Agreement.
Receiver recognizes that irreparable injury may result to Discloser and its business and property if Receiver breaches or defaults upon any of the provisions of this Agreement, and that money damages may not be a sufficient or adequate remedy for any such breach or default. Receiver, therefore, agrees that if it or its Agents should engage in any act in violation or threatened violation of any of the provisions of this Agreement, Discloser shall be entitled to seek, in addition to other remedies, damages, expenses and relief available under applicable law, a temporary restraining order, preliminary injunction and/or permanent injunction, all without bond, prohibiting Receiver and its Agents from engaging in any such act, or specifically enforcing this Agreement, as the case may be. Receiver shall not assert any claim or defense that Discloser is not being irreparably harmed, or that money damages are a sufficient remedy, or that a bond shall be required. The prevailing party in any such proceedings shall be awarded reasonable attorneys fees against the non-prevailing party.
This Agreement constitutes the entire understanding between the Parties hereto as to the Confidential Information and merges all prior discussions between them relating thereto.
No amendment or modification of this Agreement shall be valid or binding on the Parties unless made in writing and signed on behalf of each of the parties by their respective duly authorized officers or representatives.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to the principles of conflicts of laws. This Agreement may be executed in multiple counterparts, all of which together shall constitute a single agreement.
If any terms, provisions, covenant, or conditions of this Agreement, or the application thereof to any person, place, or circumstance, shall be held to be invalid, unenforceable, or void, the remainder of this Agreement and such term, provision, covenant, or condition as applied to other persons, places and circumstances shall remain in full force and effect.