APPLICABILITY AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF USE
Except as otherwise set forth herein, these General Terms and Conditions of Use, together with any documents they expressly incorporate by reference (collectively, "Terms") govern your use of any Tellerex or subsidiary web sites, which provide a link to these Terms (collectively, the "Web Sites"). By accessing and using the Web Sites, you acknowledge that you have read and agree to these Terms. If you do not agree to be bound by these Terms, please immediately exit and cease accessing and using the Web Sites.
Throughout these Terms, the words "you," "your," and "yours" refer to any person or entity using the Web Sites, and the words, "Tellerex," "we," "us," and "ours" refer to Tellerex and or one or more of its subsidiary companies.
OTHER TERMS AND CONDITIONS
In addition to these Terms, there are other terms, conditions and policies applicable to the utilization of certain services (the "Services Terms") that are now provided or will in the future be provided, such as paper-free billing, online account access, online bill payment, establishment, modification to or termination of services, and general account profile setup and changes. These Terms do not govern services available from Tellerex subsidiaries (even those services that may be ordered or provided by Tellerex subsidiaries through the Web Sites) to the extent that any specific Services Terms apply to such services. Any such Services Terms will control in the event of a conflict with these Terms or any material contained on the Web Sites.
REVISIONS TO TERMS
Please refer to these Terms regularly. We may at any time and without prior notice revise these Terms by updating this posting. All changes to the Terms are effective immediately when we post them. Your continued use of the Web Sites following posting of changes to these Terms signifies that you accept such changes.
INTELLECTUAL PROPERTY RIGHTS
Unless noted with an asterisk (*) below, the Web Sites and their entire contents, features and functionality (included, but not limited to all information, software, text, displays, images, video and audio and the design, selection and arrangement thereof) (collectively, the "Contents") are owned by Tellerex, its licensors or other providers of such material, and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, republish, transmit, distribute, publicly display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the Contents of the Web Sites without the prior written consent of Tellerex, or as authorized under these Terms. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of Contents from the Web Sites.
All graphics and logos displayed on the Web Sites are our property or have been licensed by us, and may not be used without our prior written permission. We do not permit the use of our name, graphics or logos in advertising, as an endorsement for any product or service, or for any other commercial purpose without our prior written approval.
Any comments or materials sent to us regarding any Contents found on the Web Sites, including, without limitation, feedback data, ideas, graphics, questions, comments or suggestions (collectively "Feedback"), will not be treated as confidential (unless otherwise specified by our Privacy Statement) and will become our exclusive property. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback.
USE OF THE WEB SITES
You may use the Web Sites only for lawful purposes and in accordance with these Terms. Any use of the Web Sites for any purpose contrary to applicable law is strictly prohibited.
We may, from time to time, provide links to other outside web sites (the "Linked Web Sites"). WE ARE NOT RESPONSIBLE FOR SUCH LINKED WEB SITES OR THE CONTENTS OF ANY OF THE LINKED WEB SITES. WE PROVIDE LINKS TO THE LINKED WEB SITES AS AN ADDITIONAL RESOURCE FOR OUR WEB SITES' USERS AND MAKE NO REPRESENTATIONS REGARDING THE CONTENTS OF ANY LINKED WEB SITES OR ANY PERSONS OR COMPANIES THAT OWN, CONTROL OR MANAGE THE LINKED WEB SITES. CONSEQUENTLY, WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELEVANCY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN, PROGRAMS USED BY, OR SERVICES OR PRODUCTS OFFERED BY THE LINKED WEB SITES. IF YOU ACCESS ANY OF THE LINKED WEB SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH LINKED WEB SITES.
PRIVACY AND SECURITY
We take steps to and seek to preserve the privacy and security of personal information you submit over the Web Sites in accordance with the Tellerex Privacy Statement. In an effort to protect the security of our critical infrastructure, any use of or information with respect to the Web Sites may be monitored and disclosed to federal authorities or agencies.
DISCLAIMER AND EXCLUSION OF WARRANTIES
THE WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENTS AND SERVICES MADE AVAILABLE ON THE WEB SITES ARE PROVIDED "AS IS." NEITHER WE, NOR OUR SUBSIDIARIES (NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OR SERVICES OF THE WEB SITES, OR HYPERTEXT LINKS TO LINKED WEB SITES. WE AND OUR SUBSIDIARIES, AND OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, WE DO NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITES AND MATERIAL ACCESSIBLE FROM THE WEB SITES ARE FREE OF DESTRUCTIVE COMPUTER CODE, VIRUSES OR OTHER HARMFUL COMPONENTS.
THE WEB SITES INCLUDE CONTENTS THAT ARE SUBJECT TO CHANGE WITHOUT NOTICE. WHILE WE DESIRE THAT THE CONTENTS ON THESE WEB SITES BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS AND RELIABILITY OF SUCH CONTENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENTS ON THE WEB SITES OR THE ACCURACY OR RELIABILITY OF SUCH CONTENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR SUBSIDIARIES, OR ANY OF OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE WEB SITES, OR ANY LINKED WEB SITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE SAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OR LOSSES OF ANY KIND. IN NO EVENT WILL WE OR OUR SUBSIDIARIES, OR ANY OF OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless us and our subsidiaries, and any of our respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Web Sites or violation of these Terms.
These Terms and all Contents on the Web Sites are governed by and will be construed in accordance with the laws of the State of Georgia, the State of Delaware, and of the United States of America. The venue for any matter relating to or arising from the Web Sites will be in the state or federal court of competent jurisdiction in the State of Georgia. We do not represent that the materials on our Web Sites may be used outside of the United States. Captions and titles in these Terms or in any other terms, conditions or policies with respect to the Web Sites are for convenience only and are not to be construed to affect the meaning of or affect these Terms or any other terms, conditions or policies. To the extent any portion of these Terms is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms, as modified, will remain in full force and effect. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. This is the entire agreement between you and us relating to the subject matter herein and will not be modified except in writing signed by both parties.