The Categories
Terms Of Use


ZACHARYDEANS.COM TERMS OF USE


1. ACCEPTANCE OF TERMS

zacharydeans.com provides a collection of online storefronts, including small business
ads, forums, and various email services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("TOU"). By using the Service
in any way, you are agreeing to comply with the TOU. In addition, when using
particular zacharydeans.com services, you agree to abide by any applicable posted
guidelines for all zacharydeans.com services, which may change from time to time.  
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with zacharydeans.com
in any way, your only recourse is to immediately discontinue use of zacharydeans.com.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time.  Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of the TOU at:

http://www.zacharydeans.com/termsofuse.html


3. CONTENT

You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand that
zacharydeans.com does control, and is responsible for Content made available
through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the zacharydeans.com site and Content available through
the Service may contain links to other websites, which are completely
independent of zacharydeans.com. zacharydeans.com makes no representation or warranty
as
to the accuracy, completeness or authenticity of the information contained
in any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will zacharydeans.com be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that zacharydeans.com does not pre-screen or approve Content, but that zacharydeans.com
shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOU or for any other reason.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

The zacharydeans.com site and Content available through the Service may contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of zacharydeans.com,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.  

Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.  

You agree that zacharydeans.com shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that zacharydeans.com is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release zacharydeans.com, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service.   


5.  NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify zacharydeans.com's agent for notice of claims of copyright
or other intellectual property infringement ("Agent"), at

thebigbean@zacharydeans.com

or:

Kevin Conzo
zacharydeans.com
97 Circle Drive
Waltham, MA
02452

Please provide our Agent with the following Notice:

a) Identify the material on the zacharydeans.com site that you claim is
infringing, with enough detail so that we may locate it on the website;

b) 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;

c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

zacharydeans.com will remove the infringing posting(s), and or store site subject to the the
procedures outlined in the Digital Millenium Copyright Act (DMCA).


6. PRIVACY AND INFORMATION DISCLOSURE


Your use of the zacharydeans.com website or the Service signifies acknowledgement of and
agreement to our Privacy Policy. You further acknowledge and agree that zacharydeans.
com may, in its sole discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal process; enforce
the TOU; respond to claims that any Content violates the rights of third-parties; respond to
claims that contactinformation (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment; protect the rights,
property, or personal safety of zacharydeans.com, its users or the general public.                


7. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of
another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct including
but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii)
masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals
or pubic area
of any person; this also includes any artistic drawings that may be construed as offensive
and or pornographic in nature;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of
any dwelling, a discriminatory preference based on race, color, national origin, religion, sex,
familial status or handicap (or violates any state or local law prohibiting discrimination on the
basis of these or other characteristics);

e) that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.

f) with respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.

g) that impersonates any person or entity, including, but not limited to, a zacharydeans.com
employee, or falsely states or otherwise misrepresents your affiliation with a person or entity
(this provision does not apply to Content that constitutes lawful non-deceptive parody of
public figures.);

h) that includes personal or identifying information about another person without that
person's explicit consent;

i) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";

j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of
any party, or Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships;

k) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam,"
"chain letters," "pyramid schemes," or unsolicited commercial advertisement;

l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the
zacharydeans.com sites which are not designated for such purposes; or emailed to
zacharydeans.com users who have not indicated in writing that it is ok to contact them about
other services, products or commercial interests.

m) that includes links to commercial services or web sites, except as allowed in "services";

n) that advertises any illegal service or the sale of any items the sale of which is prohibited
or restricted by any applicable law, including without limitation items the sale of which is
prohibited or regulated by California law. A partial list of prohibited items for sale and
prohibited services offered is provided below.
Any alcoholic beverages
Any materials that may be found offensive to the zacharydeans.com.

o) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;

p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding
attack) to the Service, or that otherwise negatively affects other users' ability to use the
Service; or

q) that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of  Content transmitted through the Service.

Additionally, you agree not to:

r) contact anyone who has asked not to be contacted;

s) "stalk" or otherwise harass anyone;

t) collect personal data about other users for commercial or unlawful
purposes;

u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to
download data from the Service - unless expressly permitted by zacharydeans.com;

v) post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;

w) post the same item or service in more than one classified category or forum, or in more
than one metropolitan area;

x) attempt to gain unauthorized access to zacharydeans.com's computer systems or engage
in any activity that disrupts, diminishes the quality of, interferes with the performance of, or
impairs the functionality of, the Service or the zacharydeans.com website; or

y) use any form of automated device or computer program that enables the submission of
postings on zacharydeans.com without each posting being manually entered by the author
thereof (an "automated posting device"), including without limitation, the use of any such
automated posting device to submit postings in bulk, or for automatic submission of postings
at regular intervals.

8. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to zacharydeans.
com email addresses or through zacharydeans.com computer systems, which is expressly
prohibited by these TOU, will use or cause to be used servers located in Massachusettes.  
Any unauthorized use of zacharydeans.com computer systems is a violation of the TOU and
certain federal and state laws, including without limitation the Computer Fraud and Abuse
Act (18 U.S.C. § 1030 et
seq.)  Such violations may subject the sender and his or her agents to civil and criminal
penalties.

9. Store Fronts
We reserve the rights to remove your storefront whenever we deem it necessary to protect
the integrity of the site. All store fronts are designed and maintained by zacharydeans.com
and although some of the content (pictures, and text) may have been provided by you, you
are required to keep your own copies of said works. This also applies to logo designs and
any site materials posted by zacharydeans.com employee’s. In the even that your store site
is determined by us to be in violations of said policies we will make every effort possible to
protect it’s content on our system for retrieval by you. By signing up as a store site you
agree that if you become an inactive member for 90 days or more we reserve the right to
discontinue our services for you site without notice. (The term inactive member is any person
affiliated with a storefront that no longer participates in discussions with zacharydeans.com
and or does not reply to or acknowledge email correspondence for a period of time. This
period of time will be as of your last contact with Zacharydeans.com via email.)
10. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee
permitting Content to be posted in a designated area. Each party posting Content to the
Service is responsible for said Content and compliance with the TOU. All fees paid will be
non-refundable in the event that Content is removed from the Service for violating the TOU.


11. LIMITATIONS ON SERVICE

You acknowledge that zacharydeans.com may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by the Service, the
maximum number and size of postings, email messages, or other Content that may be
transmitted or stored by the Service, and the frequency with which you may access the
Service. You agree that zacharydeans.com has no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted by the Service. You acknowledge that
zacharydeans.com reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that zacharydeans.com shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the
Service.


12. ACCESS TO THE SERVICE

zacharydeans.com grants you a limited, revocable, nonexclusive license to access the
Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service nor any use of
data mining, robots, spiders, or similar data gathering and extraction tools for any purpose
unless expressly permitted by zacharydeans.com. A limited exception to (b) is provided to
general purpose internet search engines and non-commercial public archives that use such
tools to gather information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals,
or which is in the business of providing classified ad listing services.

zacharydeans.com permits you to display on your website, or create a hyperlink on another
website to, individual postings on the Service so long as such use is for noncommercial
and/or news reporting purposes only (e.g., for use in personal web blogs or personal online
media).  If the total number of such postings displayed or linked to on your website exceeds
one hundred (100)postings, your use will be presumed to be in violation of the TOU,absent
express permission granted by zacharydeans.com to do so.  You may also create a
hyperlink to the home page of zacharydeans.com sites so long as the link does not portray
zacharydeans.com, its employees, or its affiliates in a false, misleading, derogatory, or
otherwise offensive manner.

zacharydeans.com offers various parts of the Service in RSS format so that users can
embed individual feeds into a personal website or blog, or view postings through third party
software news aggregators.  zacharydeans.com permits you to display, excerpt from, and
link to the RSS feeds on your personal website or personal web blog, provided that (a) your
use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly
linked back to the original post on the Service and redirects the user to the post when the
user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to
'zacharydeans.com' as the source, (d) your use or display does not suggest that
zacharydeans.com promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
zacharydeans.com's systems.  zacharydeans.com reserves all rights in the content of the
RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by zacharydeans.
com immediately terminates said permission or license.  In order to collect, aggregate, copy,
duplicate, display or make derivative use of the the Service or any Content made available
via the Service for other purposes (including commercial purposes) not stated herein, you
must first obtain a license from zacharydeans.com.


13. TERMINATION OF SERVICE

You agree that zacharydeans.com, in its sole discretion, has the right (but not the obligation)
to delete or deactivate your account, block your email or IP address, or otherwise terminate
your access to or use of the Service (or any part thereof), immediately and without notice,
and remove and discard any Content within the Service, for any reason, including, without
limitation if zacharydeans.com believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that zacharydeans.com shall not be liable
to you or any third-party for any termination of your access to the Service. Further, you
agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 12-18
shall survive termination of the TOU.


14. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international
treaties. Content displayed on or through the Service is protected by copyright as a
collective work and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative works from or
redistribution of the site or the collective work, and/or copying or reproducing the sites or
any portion thereof to any other server or location for further reproduction or redistribution is
prohibited without the express written consent of zacharydeans.com. You further agree not
to reproduce, duplicate or copy Content from the Service without the express written consent
of zacharydeans.com, and agree to abide by any and all copyright notices displayed on the
Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although zacharydeans.com does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically grant, and you
represent and warrant that you have the right to grant, to zacharydeans.com an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and
distribute said Content and to prepare derivative works of, or incorporate into other works,
said Content, and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant zacharydeans.com all rights necessary to prohibit any subsequent
aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the
Service by any party for any purpose.


15. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE ZACHARYDEANS.COM SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE ZACHARYDEANS.COM SITE AND THE SERVICE ARE
PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY
LAW, ZACHARYDEANS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ZACHARYDEANS.
COM SITE AND THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW,
ZACHARYDEANS.COM DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE ZACHARYDEANS.COM SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE ZACHARYDEANS.COM SITE.  TO THE
FULLEST EXTENT PERMITTED BY LAW, ZACHARYDEANS.COM DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH
THE ZACHARYDEANS.COM SITE OR THE SERVICE.  Some jurisdictions do not allow the
disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may
not apply to you insofar as they relate to implied warranties.


16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ZACHARYDEANS.COM BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
ZACHARYDEANS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR USE OF THE ZACHARYDEANS.COM SITE OR
THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
ZACHARYDEANS.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE
ZACHARYDEANS.COM SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ZACHARYDEANS.
COM SITE
OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE ZACHARYDEANS.COM SITE OR THE SERVICE
OR ANY LINKS ON THE ZACHARYDEANS.COM SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH
THE ZACHARYDEANS.COM SITE OR THE SERVICE OR ANY LINKS ON THE
ZACHARYDEANS.COM SITE.  THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation
may not apply to you.


17. INDEMNITY

You agree to indemnify and hold zacharydeans.com, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers and employees,
harmless from any claim or demand, including reasonable attorney fees and court costs,
made by any third party due to or arising out of Content you submit, post or make available
through the Service, your use of the Service, your violation of the TOU, your breach of any
of the representations and warranties herein, or your violation of any rights of another.


18. GENERAL INFORMATION

The TOU constitute the entire agreement between you and zacharydeans.com and govern
your use of the Service, superseding any prior agreements between you and zacharydeans.
com. The TOU and the relationship between you and zacharydeans.com shall be governed
by the laws of the State of Massachusetts without regard to
its conflict of law provisions. You and zacharydeans.com agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Middlesex, Massachusetts.
The failure of zacharydeans.com to exercise or enforce any right or provision of the TOU
shall not constitute a waiver of such right or provision. If any provision of the TOU is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and the
other provisions of the TOU remain in full force and effect. 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 Service or the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.


19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s) for
review, or by emailing to:

abuse@zacharydeans.com

Our failure to act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it
becomes necessary for zacharydeans.com to pursue legal action to enforce the TOU, you
will be liable to pay zacharydeans.com the following amounts as liquidated

damages, which you accept as reasonable estimates of zacharydeans.coms' damages for
the specified breaches of the TOU:

a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that
includes personal or identifying information about another person without that person's
explicit consent, you agree to pay zacharydeans.com one thousand dollars ($1,000) for
each such message.
This provision does not apply to messages that are lawful non-deceptive
parodies of public figures.

b. If zacharydeans.com establishes limits on the frequency with which you may access the
Service, or terminates your access to or use of the Service, you agree to pay zacharydeans.
com one hundred dollars ($100) for each message posted in excess of such limits or for
each day on which you access zacharydeans.com in excess of such limits, whichever is
higher.

c. If you send unsolicited email advertisements to zacharydeans.com email addresses or
through zacharydeans.com computer systems, you agree to pay zacharydeans.com twenty
five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as described
above, you agree to pay zacharydeans.com one hundred dollars ($100) for each Item of
Content posted.  In its sole discretion, zacharydeans.com may elect to issue a warning
before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you agree to pay
zacharydeans.com one hundred dollars ($100) for each and every Item of Conent posted in
violation of the TOU.  A Posting Agent will also be deemed an agent of the party engaging
the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the
Posting Agent in violation of the TOU) agrees to pay zacharydeans.com an additional one
hundred dollars ($100) for each Item of Conent posted by the Posting Agent on behalf of the
principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in
violation of the TOU without zacharydeans.com's express written permission, you agree to
pay zacharydeans.com three thousand dollars ($3,000) for each day on which you engage
in such conduct.

Otherwise, you agree to pay zacharydeans.com's actual damages, to the extent such actual
damages can be reasonably calculated. Notwithstanding any other provision of the TOU,
zacharydeans.com retains the right to seek the remedy of specific performance of any term
contained in the TOU, or a preliminary or permanent injunction against the breach of any
such term or in aid of the exercise of any power granted in the TOU, or any combination
thereof.