Usage Terms

• Terms of Service

• Privacy Policy

• Disclosures

Terms of Service

This Terms of Service ("TOS") governs use of the Site by all users and visitors (registered and unregistered). Any user or visitor to the Site is referred to as a “user” or as "you." The "Site" includes the web site, services and features located at or available through www.tonkabeans.com, www.tonkabeanz.com and www.tonkabeans.tv and any mobile versions thereof. Athena’s Tryst, LLC dba Tonka Beans (“Tonka Beans”, “we” or “us”) owns and operates the Site. You may visit the Site and browse without registration, however certain features of the Site require registration in order to participate, such as the content upload and community posting features as well as newsletter sign-up. THE SITE IS FOR THE USE OF US RESIDENTS WHO ARE 13 YEARS OR OLDER.

1. ACCEPTANCE OF TERMS

We have established the following terms and conditions so that we (and you) know what to expect from each other. Please read this TOS carefully before using the Site. BY VISITING, USING OR REGISTERING FOR THE SITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS IN THIS TOS. This TOS incorporates by reference the terms of Tonka Beans’ Privacy Policy and by agreeing to this TOS you are also accepting the terms of the Privacy Policy. Additional operating guidelines ("Guidelines") may be posted from time to time that will apply to a particular aspect of the Site, and such Guidelines are incorporated by reference into this TOS. If you do not accept all of the terms and conditions of this TOS, including any Guidelines and other terms referred to herein, and the Privacy Policy, you may not use the Site.

2. SITE CONTENT

The Site (including services available through the Site, such as our video downloads, advice and e-mail newsletters) contains information, data, software, photos, web design, graphics, audio, video, text, images and other material, including the selection and arrangement thereof (collectively "Content") owned by Tonka Beans and/or its licensors. The Content is made available to you for your personal, non-commercial use and may be stored on a computer or printed only for such use. You may also link to or embed Content from the Site onto your social networking or other personal web pages in connection with such personal, non-commercial use; provided that you may not include a link to or embed Content form the Site to any website which contains material or encourages behavior that is illegal or offensive and any link or embed may not suggest or imply that we are sponsoring or endorsing such website(s). Certain Content available on the Site is licensed by us from third parties and may be subject to additional terms and conditions which will be posted on the Site. The Content is protected by copyright, trademark, and other proprietary rights and laws. Use, redistribution or modification of the Content in any manner other than as expressly permitted in this TOS is strictly prohibited. If you violate any of these terms, your permission to use the Content and the Site will automatically terminate and you must immediately destroy any copies you have of any portion of the Content. Use of the Site is currently made available without any fee; however we reserve the right to charge a fee for use of all or a portion of the Site and in such event we will post additional terms applicable to payment and fees.

ALL CONTENT AND INFORMATION CONTAINED ON THE SITE, INCLUDING ANY RELATING TO SPECIFIC STOCKS, INVESTMENTS OR FINANCIAL STRATEGIES, IS FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS NOT A RECOMMENDATION THAT ANY PARTICULAR SECURITY, TRANSACTION OR INVESTMENT STRATEGY IS SUITABLE FOR ANY SPECIFIC PERSON. PAST RESULTS FROM ANY INVESTMENT OR STRATEGY ARE NO INDICATION OF FUTURE PERFORMANCE. See TOS Section 9 below entitled “No Financial Advice” for more details on this subject.

3. USER CONTENT

You are solely responsible for all Content of any type that you upload, post, email, transmit or otherwise make available ("Post") on or through the Site. Content Posted by any user to the Site is called “User Content”. You may Post only User Content which you own, have created or which you have clear permission from the owner to Post. You acknowledge and agree that Tonka Beans does not endorse any User Content and is not responsible or liable for any User Content. You acknowledge that Tonka Beans may or may not (but has no obligation to) pre-screen User Content, but that Tonka Beans and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is Posted on or through the Site. We reserve the right without prior notice to you to edit, change, move, delete and/or remove any User Content which does or may violate this TOS or for any other reason.

You acknowledge that User Content is a public (not private) communication and other users may access and view your User Content without your knowledge or consent. You should not have any expectation of privacy with respect to your User Content. By Posting User Content on the Site you grant Tonka Beans and its licensees the non-exclusive, worldwide, sub-licensable, perpetual, irrevocable, royalty-free license and right to use, reproduce, modify, translate and distribute the User Content on the Site, through other services owned or operated by us, through third party distribution platforms and networks, otherwise in connection with Tonka Beans’ business, in connection with promotion for any of the foregoing or for other purposes, and to incorporate the User Content, including in any modified form, into other works in any format or medium now known or later developed, without compensation or attribution of any kind. You agree that the foregoing grant of rights by you is provided without any the entitlement of payment of fees or other consideration. You expressly agree that Tonka Beans is not responsible and shall have no liability for any loss or damage of any kind arising from or related to use, removal, loss or damage to any User Content. Further, we have no responsibility or obligation to store or maintain copies of any User Content, and shall have no liability in connection with any storage or failure to store or obligation to provide copies of any User Content that may be stored.

4. YOUR CONDUCT ON THE SITE

You agree to use the Site, including your participation in any blogs, community boards or other features that permit communication, Posting, creating User Content or interacting with others through the Site, solely for lawful purposes and in a manner that is proper and appropriate to the particular forum. Specifically but without limitation, you agree not to:

• Defame, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others
• Post any inappropriate, unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory remarks to another's faith or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law
• Post any personally identifiable information about yourself or others, such as phone numbers, social security numbers, account numbers, addresses or employer references
• Falsify or delete any author attributions, legal or similar notices, or labels of the origin or source of software, Content or User Content that is Posted or otherwise displayed on the Site
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Post surveys, petitions, contests, pyramid schemes or chain letters
• Post advertisements or solicitations for funds or to sell any goods or services
• Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another person's computer
• Restrict or inhibit any other user from using and enjoying the Site
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of or access to the Site.
• Use the Site in any manner that violates any applicable law, regulation or court order, including without limitation the regulations of the U.S. Securities and Exchange Commission, or the rules of any securities exchange

You agree not to access the Site by any means other than through the interface provided by us for use in accessing the Site. You understand that the robots.txt file is the only means by which robots are authorized to access the Site and you agree not to violate any of the robot access policies.

5. YOUR ACCOUNT OBLIGATIONS

In order to use certain features of the Site, you must complete a registration form. You agree to provide true, accurate, current and complete information about yourself on the registration form and to maintain and promptly update such information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of the Site. Account information and certain other information about you are subject to the terms of our privacy policy (see our Privacy Policy).

As part of your registration for the Site you will select a password and username which must be unique and not offensive. After completion and submission of all required registration information, an account will be created for you and you will receive an email confirming your registration for the Site. You agree to maintain the security of your account on the Site, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including any charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password, username or account or any other breach of security and to promptly change your password.

You are responsible for obtaining any equipment and Internet service necessary to access the Site and for any costs of equipment and service you select.

6. LINKS TO THIRD PARTY SITES; ADVERTISERS

The Site may provide you with the opportunity to link to or otherwise use websites, products, services or content offered by third parties including but not limited to advertisers, content and ecommerce providers (“Third Party Services”). We have no control over the Third Party Services and are not responsible for nor will we have any liability for your use of any Third Party Services, including any loss or damage you may incur in connection with your use of the Third Party Services. Tonka Beans does not endorse the Third Party Services or any products, services or content offered thereon. Your use of the Third Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services.

7. DISCLAIMERS

USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON OR ACCESSIBLE FROM THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TONKA BEANS, TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS AND LICENSORS (COLLECTIVELY, THE “TONKA PARTIES"), PROVIDES THE SITE WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TONKA PARTIES SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TONKA BEANS DOES NOT WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED, ERROR FREE OR THAT THE SITE, ITS SERVER AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. TONKA BEANS MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT OR SERVICE ON THE SITE NOR THAT THE SITE, ANY CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS. YOU HEREBY ACKNOWLEDGE THAT TONKA BEANS PROVIDES NO ASSURANCES OF UPTIME FOR THE SITE AND YOU UNDERSTAND THAT THE SITE MAY PERIODICALLY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT OR FOR OTHER REASONS.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE TONKA PARTIES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF THE SITE OR ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE. (II) PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF OR IN ABILITY TO USE ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VI) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE.

TONKA BEANS PROVIDES THE SITE AND THE CONTENT WITHOUT RESPONSIBILITY FOR ACCURACY AND YOU AGREE THAT ERRORS CONTAINED IN THE SITE AND/OR CONTENT SHALL NOT BE THE BASIS FOR ANY CLAIM, DEMAND OR CAUSE OF ACTION.

NOTWITHSTANDING THE ABOVE, THE TONKA PARTIES’ SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO $25.00.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. NO FINANCIAL ADVICE

You agree that you must evaluate, and bear all risks associated with, the use of the Site and all Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, whether created and/or Posted by Tonka Beans or by any user or other third party. The Site is provided for informational purposes only, and no Content included in the Site is intended for trading or investing purposes. Neither Tonka Beans nor its licensors shall be responsible or liable for the accuracy, usefulness or availability of any Content transmitted or made available on or through the Site. This includes without limitation, that neither Tonka Beans nor its licensors shall be responsible or liable for any trading or investment decisions based on such Content.

YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT NEITHER WE NOR THE SITE (A) PROVIDE TAX, LEGAL OR INVESTMENT ADVICE, AND (B) OFFER OR PROVIDE ANY INVESTMENT ADVICE OR OPINION REGARDING THE NATURE, POTENTIAL, VALUE, SUITABILITY OR PROFITABILITY OF ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, INVESTMENT STRATEGY OR OTHER MATTER. YOU HEREBY AGREE THAT ANY INVESTMENT DECISIONS YOU MAKE WILL BE BASED SOLELY ON YOUR EVALUATION OF YOUR FINANCIAL CIRCUMSTANCES, INVESTMENT OBJECTIVES, RISK TOLERANCE, FINANCIAL CONDITION, AND LIQUIDITY NEEDS. NEITHER TONKA BEANS NOR ANY OF ITS LICENSORS SHALL BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY CONTENT TRANSMITTED VIA THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH CONTENT.

Due to the financial nature of the Site, its is especially important for you to read Sections 7, 8 and this Section 9 regarding our limitations of liability. We encourage you to read those Sections one more time even if you have already read them once!

10. INDEMNITY

You agree to indemnify and hold harmless the Tonka Parties from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of your use of the Site, including without limitation, alleged violation of this TOS by you or any user of your account (whether or not authorized), or alleged violation of any rights of another person.

11. PRIVACY

We respect your privacy and have developed a detailed Privacy Policy that is incorporated into this TOS. Please take the time to read our Privacy Policy which is available at http://www.tonkabeans.com/privacy-policy. As a user of the Site, you are accepting the terms of our Privacy Policy, as it may change from time to time.

12. SITE NOT DIRECTED TO CHILDREN

The Site is not directed to children under the age of 13 and children under the age of 13 should not use or register for the Site. The Site is available to people at least 13 years of age, but if you are between 13 and 18 years of age, you agree that you have received parental permission to register for the Site. Tonka Beans will not knowingly collect personally identifiable information on or through the Site from anyone under 13. Please be aware that certain areas on the Site may contain mature content and you may be exposed to Content on the Site that you find upsetting, indecent or objectionable. By using the Site you assume all risk associated with its use. We encourage parents to supervise their children's use of the Site (which should be permitted by parents only for those 13 and older) and maintain open communication regarding appropriate materials for use and viewing by their children.

13. TERMINATION

This TOS is effective until terminated by either you or by us. If you no longer agree to be bound by this TOS, you must immediately stop use of the Site. You acknowledge that any violation of this TOS or other applicable policies may result in termination of your access to the Site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or the Site.

In addition, subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. You also agree that we will not be liable to you or any third-party for any termination of your access to the Site.

14. CHANGES; DISCONTINUATION

We may, at our sole discretion and without notice, revise this TOS at any time by updating this posting and changing the “Effective” date. You are responsible for reading this TOS carefully and for periodically checking this TOS and the Privacy Policy for changes. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes. The most recent version of this TOS may be viewed at http://www.tonkabeans.com/terms-of-service. We reserve the right to change, suspend or discontinue the Site or any service offered through the Site at any time and without notice, and you agree that we will not be liable to you or any third party in connection with the exercise of those rights.

15. COPYRIGHT AND TRADEMARKS

The Site uses certain trademarks, service marks and logos owned by or licensed to Tonka Beans, including without limitation, “Tonka Beans” trademark and logo, as well as certain page headers, custom graphics and icons. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

16. COPYRIGHT AGENT

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a manner not authorized by you and that constitutes copyright infringement or a violation of your other intellectual property rights, please provide Tonka Beans’ Designated Copyright Agent with a written notice that includes the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• Identification of the URL or other specific location on the Site where the material that you claim is infringing your copyright interest is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

By mail:
Designated Agent
Tonka Beans
455 Central Park West
Suite 17A
NY, NY 10025

By email:
admin@tonkabeans.com

17. GENERAL LEGAL PROVISIONS

This TOS, together with the Privacy Policy, any Guidelines and any additional terms and conditions referred to in the next sentence constitute the entire agreement between you and us regarding your use of the Site. You also may be subject to additional terms and conditions that may apply when you use promotions such as contests or sweepstakes, affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any part of this TOS is found by a court of competent jurisdiction to be invalid or unenforceable, the affected provision shall be deemed omitted and the remaining provisions will continue in full force and effect. The TOS and your registration for the Site are personal to you and may not be transferred or assigned. The section titles in this TOS are for convenience only and have no legal or contractual effect.

18. APPLICABLE LAW; JURISDICTION AND VENUE

We control the Site from our offices within the United States. The Site is directed solely to individuals residing in the United States. We make no representation that the Content on the Site is appropriate, legal or available for use in other locations. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of New York, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Manhattan, New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this TOS must be filed within one year after such claim or cause of action arose or be forever barred.

19. EXPORT

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

20. INFORMATION OR COMPLAINTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, you may send us an e-mail to questions@tonkabeans.com or you may contact us by writing to Tonka Beans, Customer Care Department, 455 Central Park West, Suite 17A, NY, NY 10025, or by calling us at 212.877.0933. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Privacy Policy

Tonka Beans (aka Athena’s Tryst LLC) (“we”, “us” or “Tonka Beans”) owns and operates the web site and services available through www.tonkabeans.com, www.tonkabeanz.com and www.tonkabeans.tv and related mobile sites (collectively, the “Site”). We care about the privacy of each user of the Site (“you” or a “user”). This Privacy Policy gives you specific information about how we protect your privacy, how we treat information that identifies an individual user, including both registered users and un-registered users (referred to as “Personal Information”) as well as aggregate information, and the choices you have.

BY USING AND/OR REGISTERING FOR THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU CANNOT USE THE SITE.

1. COLLECTION OF PERSONAL INFORMATION

We collect Personal Information and other information to create or enhance our relationship with you. We collect Personal Information from you when you voluntarily submit the information to us in order to participate in certain activities, including (i) registration for certain features of the Site such as uploading content, email newsletters, message boards, chat rooms or other community services; (ii) refer to a friend service; (iii) user surveys; and (v) events, sweepstakes, contests or promotions. The Personal Information we collect may include your first and last name, your email address, birthday and gender, as well as other information. We may obtain Personal Information about you from other sources and add it to the information you provided to us.

Registration

To use some features on the Site, a user must first complete and submit a registration form. During registration we collect certain Personal Information such as first and last name, email address and zip code. Certain features of the Site may require additional Personal Information, such as age, profession and other demographic information, which helps us provide you with a more personalized experience on the Site.

Refer to a Friend

If you elect to use our referral service to inform a friend about a part of the Site, you will be asked to provide the friend's name and email address in order to email the information you requested to the friend. We do not store this information and the information is used only to send the one-time referral email.

Surveys & Contests

From time-to-time we may offer our users the ability to participate in surveys, contests or other promotions which may require you to provide Personal Information in order to enter. Participation in these surveys, contests or promotions is completely voluntary and you have a choice whether or not to provide us with such information.

User Content

Content or information may be posted on the Site by you or another user (referred to as “User Content”) which may include Personal Information. User Content may be posted in connection with video uploads, discussions, suggestions, or other features of the Site. Be aware that that whenever you disclose Personal Information in public areas of the Site, such as in User Content you post, your personal Information can be viewed and possibly used by others. Users should be careful in all public areas about disclosing Personal Information, such as full name, home address, phone number, or any other information which can be used to personally identify you, and you do so at your own risk. The User Content you post can be seen, disclosed to or collected by third parties and may be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes.

2. COLLECTION OF NON-PERSONAL INFORMATION

In addition to any Personal Information you may provide to us, we collect information that cannot be used to identify an individual (“Non-Personal Information”) about your use of the Site.

Cookies

When a user accesses the Site the user is assigned a “cookie”. A cookie is a text file stored on the user's hard drive containing information about the user. Use of cookies is common on the Internet. Tonka Beans uses cookies to recognize users who have already registered for the Site, allowing those users to speed up future activities on the Site. Cookies also enable us to measure aggregate usage and traffic to areas of the Site and specific offerings, which assists Tonka Beans in providing content that best meets users’ preferences. Your browser is probably set to accept cookies. You can reconfigure your browser to refuse cookies, however, if you do so, some areas of the Site may not function properly. Tonka Beans may use Non-Personal Information from your cookies together with to your Personal Information in order to evaluate and improve the Site and for other business purposes. The advertisements that appear on the Site are delivered to you by third-party Internet advertising companies. Those companies use technologies to deliver advertisements and marketing messages and to collect anonymous information about your visit to the Site, including information about the ads displayed, via a cookie placed on your computer that reads (or approximates) your IP address. We may also use information derived from your visits to the Site to provide you with targeted advertising on the Site. To “opt-out” of the third party advertiser data collection, please click here. http://www.networkadvertising.org/consumer/opt_out.asp

Web Beacons

The Site (including our newsletters) may contain electronic images known as web beacons, also called single-pixel gifs, clear gifs or web bugs. Web beacons collect Non-Personal Information about your use of the Site, and your use of newsletters, and may also be used to place a cookie on a users' browser. Information collected by web beacons allows us to (i) statistically monitor how many people are using the Site, (ii) determine whether e-mail messages or newsletters we send have been opened or acted upon, and (iii) for what purposes these actions are being taken. They may be used to assist in delivering or accessing cookies on the Site and allow us to count users who have visited those pages. We do not use web beacons to track your activity outside of the Site. We may use Web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising. Web beacons enable us to recognize a browser’s cookie when a browser visits this site, and to learn which banner ads bring users to our Web site. To “opt-out” of the third party advertiser data collection, please click here. http://www.networkadvertising.org/consumer/opt_out.asp

Log Files

Like most standard web sites, we use log files to store Non-Personal Information regarding IP (internet protocol) addresses, browser type, ISP (internet service provider), referring/exit pages, platform type, date/time stamp, and number of clicks. We use this information to analyze trends, administer the Site, track how users use the Site in the aggregate, and gather broad demographic information. Log file information is not linked to Personal Information.

3. USE OF INFORMATION

We use the Personal Information and the Non-Personal Information we collect (i) to provide you with the products and services you elect to receive through the Site, including email newsletters; (ii) to deliver any prizes you may win in contests or sweepstakes you choose to enter; (iii) to notify you about new features and services on the Site or other products and services from third parties that we think you will find interesting; (iv) in connection with the marketing efforts of Tonka Beans and/or our business partners; and (v) for analytical purposes to help us to improve the Site and for our business generally. Information about your activities on the Site (including both Personal and Non-Personal Information) may also be used to tailor the online ads you may encounter on the Site and/or the newsletter or other promotional emails you may receive to those we believe are consistent with your interests.

4. SHARING INFORMATION

Tonka Beans does not rent, sell or share your Personal Information with third parties except to provide products or services that you have requested, with your permission, or under the following circumstances:

• We partner with third parties to provide specific services which are available on the Site. When a user signs up for these services, we will share the user's name or other Personal Information necessary for the third party to provide these services to the user. The third parties have agreed not to use that Personal Information for any purpose other than providing the requested services.
• Third party vendors we engage to provide services on our behalf, such as hosting, are given access to Personal Information for use only to provide such services
• If Tonka Beans is merged or sold to a third party (including a sale of substantially all of its assets or the Site), such third party will be entitled to use the Personal Information, but only in accordance with the terms of this Privacy Policy.
• When we have a good faith belief that disclosure is required by law, such as when Tonka Beans responds to subpoenas, court orders or legal process.
• When Tonka Beans believes it necessary in order to investigate, prevent, or take action regarding illegal or improper activities, suspected fraud, potential threats to the rights, property or safety of Tonka Beans, its users or others, or violations of Tonka Beans’ Terms of Service or other policies.
• Tonka Beans may aggregate Personal Information and may disclose such aggregated information in a non-personally identifiable manner to content providers and other third parties for marketing, promotional and other purposes, including to customize the advertising and marketing messages you receive on the Site.
• We may send promotions to our users on behalf of selected third parties, or provide selected third parties with the means to send promotions to our users through a third party vendor, but we will not disclose your Personal Information with that third party without your consent.
• Tonka Beans may present you with opportunities on the Site to register for services offered by third parties. The registration may effected in a variety of forms, including through an opt-in button. If you click on a third party opt-in button Tonka Beans will provide that third party with your Personal Information so that the third party can register you for the service you have selected.

If we are legally compelled to disclose information about you to a third party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us. Users will be notified if, in connection with the use of a particular service on the Site, their Personal Information will be collected by any outside third-party so that the user can determine whether they wish to proceed with a service that will involve an outside party having access to their information.

The Site contains links to third party web sites, which may include advertising. When you click on such links you will go to a third-party web site where you will be subject to that third-party's privacy policies. Please be aware that Tonka Beans is not responsible for the privacy practices of such other web sites and we expressly disclaim any and all liability for the actions of third-parties, including, without limitation, actions relating to the use and/or disclosure of personal information by such third-parties. We encourage our users to be aware of when they leave our web site and enter a third-party web site and to read the privacy statements of each and every web site that collects their personal information. This Privacy Policy applies solely to information collected by the Site and does not apply to any information (Personal Information or otherwise) collected from any third party site.

5. SECURITY

The security of your Personal Information is important to us. Tonka Beans uses reasonable security measures to protect against loss, theft, misuse, alteration or improper disclosure of Personal Information of our users. However, no computer system or information can ever be fully protected against all possible risks and it is not possible to guarantee the security or integrity of the Personal Information you provide online. Notwithstanding Tonka Beans’ security measures, you should be aware that when you submit Personal Information to the Site over the Internet, the information may travel over many systems that are not under Tonka Beans’ control and may not be secure. It is your responsibility to keep your password for the Site confidential as anyone who has access to your password will have access to the Personal Information you have submitted.

6. UPDATING/CORRECTING PERSONAL INFORMATION

If your Personal Information changes or if you no longer desire to use the Site, you may correct or update your Personal Information or unsubscribe from newsletters or other services by going to My Dashboard’s Edit tab on the Site.

7. CHOICE/OPT OUT

Users are required to provide Personal Information as part of the Site’s registration process. However, after registration, users may modify their privacy settings as described in Section 6 above to opt-out of receiving various categories of email from Tonka Beans and its third party partners, including allowing users to elect to have their email address removed from the Tonka Beans marketing and promotional address lists. If a user does not opt-out, then that user is agreeing that Tonka Beans has the right to use its Personal Information in any manner as permitted by this Privacy Policy. Occasionally, Tonka Beans may send out service-related announcements regarding the Site. For instance, if the Site is temporarily suspended for maintenance, we might send you an email informing you of such service interruption. Users may not opt-out of receiving these service-related communications.

8. CHILDREN UNDER THE AGE OF 13

The Site is not directed to children under the age of 13 and children under the age of 13 should not use or register for the Site. Tonka Beans will not knowingly collect Personal Information on or through the Site from anyone under 13. Please be aware that certain areas on the Site may contain mature content and you may be exposed to Content on the Site that you find upsetting, indecent or objectionable. The Site is available to people at least 13 years of age, but if you are between 13 and 18 years of age, you agree that you have received parental permission to register for the Site. By using the Site you assume all risk associated with its use. Parents are responsible for supervising their children's use of the Site (which should be permitted by parents only for those 13 and older) and we encourage parents to maintain open communication regarding appropriate materials for use and viewing by their children. Each parent assumes full responsibility for ensuring that their under age 13 children do not use the Site and that the registration information of any of their children 13 or older is kept secure and that the information submitted is accurate, as well as for the interpretation and use of any information or suggestions provided through the Site to the child.

9. CALIFORNIA PRIVACY RIGHTS

Users of the Site who are residents of California may request certain information regarding our disclosure, if any, of Personal Information to third parties for purposes of their direct marketing. If you want to make this request, you may contact us at the address and email listed below.

10. CHANGES TO PRIVACY POLICY

Tonka Beans may revise this Privacy Policy from time to time to reflect changes in the law or the industry, our information collection and use practices, features of the Site, technology or for other reasons. Changes to this Privacy Policy will be posted on the Site along with the “effective” date of the change which will be noted at the beginning of this Policy. Your continued use of the Site following the posting of changes will signify your acceptance of those changes. You are responsible for reviewing the Privacy Policy posted on the Site periodically so that you stay current on the Privacy Policy in effect for the Site.

If you have any questions or concerns about this Privacy Policy, please contact us by email at questions@tonkabeans.com or by regular mail at: Tonka Beans, 455 Central Park West, Suite 17A, NY, NY 10025.

Disclosures

All opinions expressed by Zina Spezakis on this website and on the show are solely her opinions, and may have been previously disseminated by Zina Spezakis on television, radio, internet or another medium. You should not treat any opinion expressed by Zina Spezakis as a specific inducement to make a particular investment or follow a particular strategy, but only as an expression of her opinion. Her opinions are based upon information she considers reliable, but neither she nor agents of Tonka Beans warrant its completeness or accuracy, and it should not be relied upon as such. Zina Spezakis, Tonka Beans, its affiliates and/or subsidiaries are not under any obligation to update or correct any information provided on this website. Zina Spezakis’ statements and opinions are subject to change without notice.

Past performance is not indicative of future results. Neither Zina Spezakis nor Tonka Beans guarantee any specific outcome or profit. You should be aware of the real risk of loss in following any strategy or investment discussed on this website or on the show. Strategies or investments discussed may fluctuate in price or value. Investors may get back less than invested. Investments or strategies mentioned on this website or on the show may not be suitable for you. This material does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you. You must make an independent decision regarding investments or strategies mentioned on this website or on the show. Before acting on information on this website or on the show, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser.