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TERMS OF USE:
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE
BEFORE USING THIS SITE. By continuing to access or
use this site, or any service on this site, you signify your
acceptance of these terms and conditions of service. From time
to time, TEL3Advanatge may modify these terms and conditions.
Accordingly, please continue to review these terms and
conditions of service whenever accessing or using this site.
Your use of the site, or any service on this site, after the
posting of modifications to these terms and conditions of
service will constitute your acceptance of the terms and
conditions of service, as modified. If, at any time, you do
not wish to accept the terms and conditions of service, you
may not use the site. Any terms and conditions proposed by you
which are in addition to or which conflict with these terms
and conditions of service are expressly rejected by
TEL3Advanatge and shall be of no force or effect.
1. User Consent to Terms and Conditions of Service.
You represent that you have read and agree to be
bound by the terms and conditions of service ("TOS") for
TEL3Advanatge. You further agree: (a) to comply with U.S. law
regarding the transmission of any data obtained from the
Service (as defined herein) in accordance with the TOS, (b)
not to use the Service for illegal purposes, and (c) not to
interfere or disrupt networks connected to the Service. You
further agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by
registration forms; and (b) to maintain and update this
information to keep it true, accurate, current, and complete.
If any information provided by you is untrue, inaccurate, not
current or incomplete, TEL3Advanatge retains the right to
terminate your account and refuse any and all current or
future use of the services.
2. Intellectual Property. This Web site,
including but not limited to text, content, photographs,
video, audio and graphics (the "Service"), is protected by
copyrights, trademarks, service marks, international treaties
and/or other proprietary rights and laws of the U.S. and other
countries. The Service is also protected as a collective work
or compilation under U.S. copyright and other laws and
treaties. All individual articles, columns and other elements
making up the Service are also copyrighted works. You agree to
abide by all applicable copyright and other laws, as well as
any additional copyright notices or restrictions contained in
the Service.
3. Restrictions on Use. You may not use
the Service for any illegal purpose or in any manner
inconsistent with the TOS. The content you distribute or
request to receive (directly or indirectly) through membership
access, any products and services you may choose to offer (if
permitted to do so), and any username you select: (a) shall
not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of
publicity or privacy; (b) shall not violate any law or
regulation (including without limitation those governing
export control, unfair competition, anti-discrimination or
false advertising); (c) shall not be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (d)
shall not be obscene or contain child pornography; or (e)
shall not contain any computer programming routines that are
intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or
personal information. You may not distribute unsolicited
commercial messages ("spam") through your use of services
provided by TEL3Advanatge or take any other action, which
imposes an unreasonable or disproportionately large load on
our infrastructure, including without limitation, using
excessive network bandwidth. In addition, you may not
distribute spam that directs or encourages users to visit our
Website through the account of another provider. At our option
and without further notice, TEL3Advanatge may use anti-spam
technologies that may terminate your messages without
delivering them or prevent messages from reaching you. You
agree to use the Service solely for your own noncommercial use
and benefit, and not for resale or other transfer or
disposition to, or use by or for the benefit of, any other
person or entity. You agree not to use, transfer, distribute
or dispose of any information contained in the Service in any
manner that could compete with the business of TEL3Advantage.
You acknowledge that the Service has been developed, compiled,
prepared, revised, selected and arranged by TEL3Advanatge and
others (including certain other information sources) through
the application of methods and standards of judgment developed
and applied through the expenditure of substantial time,
effort and money and constitutes valuable intellectual
property and trade secrets of TEL3Advanatge and such others.
You agree to protect the proprietary rights of TEL3Advanatge
and all others having rights in the Service during and after
the term of this agreement and to comply with all reasonable
written requests made by TEL3Advanatge or its suppliers of
content, equipment or otherwise ("Suppliers") to protect their
and others' contractual, statutory and common law rights in
the Service. You agree to notify TEL3Advanatge in writing
promptly upon becoming aware of any unauthorized access or use
of the Service by any party or of any claim that the Service
infringes upon any copyright, trademark or other contractual,
statutory or common law rights.
4. Further Restrictions on Use. YOU MAY
NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE,
REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM,
MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR
IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU
MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT
COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT
YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE
ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE
RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT
TEL3ADVANTAGE 'S PRIOR WRITTEN CONSENT. MODIFICATION OF THE
SERVICE'S CONTENT WOULD BE A VIOLATION OF TEL3ADVANTAGE 'S
COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY
NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT
OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO SATELLITE,
OVER-THE-AIR OR CABLE TELEVISION OR RADIO BROADCAST, A
COMPUTER NETWORK, OR LINKING, DEEP LINKING OR FRAMING ON THE
INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF TEL3ADVANTAGE.
THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE
USED TO CONSTRUCT A DATABASE OF ANY KIND, NOR MAY THE SERVICE
BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR
ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE
SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT
USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA
SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE,
YOU MAY NOT USE ANY OF TEL3ADVANTAGE 'S TRADEMARKS, TRADE
NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE
IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE
ASSOCIATED WITH YOU OR ARE USED WITH TEL3ADVANTAGE 'S CONSENT,
AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND
TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE
OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS
OR SPAM MATERIAL. YOU WILL NOT USE ANY OF TEL3ADVANTAGE 'S
TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED
MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND
UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE
SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS
AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE.
5. Interactive Features.
(A) You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages
or other materials contained in the Service (collectively, the
"Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such
Content originated. This means that you, and not
TEL3Advanatge, are entirely responsible for all Content that
you upload, post, email or otherwise transmit via the Service.
TEL3Advanatge does not control the Content posted via the
Service by third-parties and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no
circumstances will TEL3Advanatge be liable in any way for any
Content, including, but not limited to, for any errors or
omissions in 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 transmitted via the Service. You agree to
not use the Service to: (i) upload, post, email or otherwise
transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; (ii) harm minors in any
way; (iii) impersonate any person or entity, including, but
not limited to, a TEL3Advanatge official, forum leader, guide
or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (iv) forge headers or
otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service; (v)
upload, post, email or otherwise transmit any Content that you
do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned
or disclosed as part of employment relationships or under
nondisclosure agreements); (vi) upload, post, email or
otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party; (vii) upload, post, email or
otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose; (viii) upload, post,
email or otherwise transmit any material 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; (ix) disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
or (x) interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Service.
(B) By posting messages, uploading files, or otherwise
providing any material to us for display on the Service, you
are granting TEL3Advanatge a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to use, copy,
sublicense, adapt, transmit, publicly perform or display any
such communication and sublicense to third parties the
unrestricted right to exercise any of the foregoing rights
granted with respect to the communication. The foregoing
grants shall include the right to exploit any proprietary
rights in such material, including but not limited to rights
under copyright, trademark, service mark or patent laws under
any relevant jurisdiction.
(C) TEL3Advanatge shall have the right, but not the
obligation, to monitor the content of TEL3Advanatge ,
including chat rooms and forums, to determine compliance with
this Agreement and any operating rules established by
TEL3Advanatge and to satisfy any law, regulation or authorized
government request. TEL3Advanatge shall have the right in its
sole discretion to edit, refuse to post or remove any material
submitted to or posted on TEL3Advanatge. Without limiting the
foregoing, TEL3Advanatge shall have the right to remove any
material that TEL3Advanatge, in its sole discretion, finds to
be in violation of the provisions of the TOS or otherwise
objectionable.
6. License. You acquire absolutely no
rights or licenses in or to the Service and materials
contained within the Service other than the limited right to
utilize the Service in accordance with the TOS. Should you
choose to download content from the Service, you must do so in
accordance with the TOS. Such download is licensed to you by
TEL3Advanatge ONLY for your own personal, noncommercial use in
accordance with the TOS and does not transfer any other rights
to you.
7. Fees and Payments. TEL3Advanatge
reserves the right at any time to charge fees for access to
portions of the Service or the Service as a whole. If at any
time TEL3Advanatge requires a fee for portions of the Service
or the Service as a whole, TEL3Advanatge will require you to
register and create an account. In no event will you be
charged for access to portions of the Service or to the
Service unless TEL3Advanatge obtains your prior agreement to
pay such charges. You shall pay all fees and charges incurred
through your account at the rates in effect for the billing
period in which such fees and charges are incurred, including
but not limited to charges for any products or services
offered for sale through the Service by TEL3Advanatge or by
any other vendor or service provider. All fees and charges
shall be billed to you, and you shall be solely responsible
for their payment. You shall pay all applicable taxes relating
to the use of the Service through your account, and the
purchase of any other products or services. Certain portions
of the Service or the Service as a whole may require a prepaid
fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other
fees related thereto will be paid by you in advance. In no
event will you receive any portions of the Service or the
Service as a whole if a Prepaid Fee is required unless
TEL3Advanatge receives all fees and charges payable by you,
including the Prepaid Fee. The rates applicable to all
telecommunications services or products provided by
TEL3Advanatge shall be the rates charged by the underlying
carrier at the time the PIN is purchased. All rates apply only
to calls originated in the United States of America .
Telecommunications services may also be subject to fees and
surcharges, including without limitation per call fees or
surcharges as set by the underlying carrier. An additional
Federal Communications Commission mandated surcharge may be
assessed for calls originated from a pay phone. These fees
and/or surcharges are assessed at the time the call is made
and are in addition to the per-minute rate applicable to the
call. By agreeing to purchase a PIN, you agree to pay the
rates, fees and surcharges in effect for that PIN at the time
of purchase. All prepaid cards shall have an expiration date
linked to the date of purchase, at which point it shall expire
automatically. The expiration date is communicated to you
along with your PIN Number and Access Number immediately
following purchase. Any unused minutes or value shall be
forfeited upon expiration. All telecommunications services
used in connection with Pins are provided by the underlying
carriers of those telecommunications services.
8. Rights Reserved. All present and future
rights in and to trade secrets, patents, copyrights,
trademarks, service marks, know-how and other proprietary
rights of any type under the laws of any governmental
authority, domestic or foreign, including rights in and to all
applications and registrations relating to the Service (the
"Intellectual Property Rights") shall, as between you and
TEL3Advantage, at all times be and remain the sole and
exclusive property of TEL3Advantage . All present and future
rights in and title to the Service (including the right to
exploit the Service and any portions of the Service over any
present or future technology) are reserved to TEL3Advanatge
for its exclusive use. Except as specifically permitted by the
TOS, you may not copy or make any use of the Service or any
portion thereof. Except as specifically permitted herein, you
shall not use TEL3Advantage 's Intellectual Property Rights or
the Service, or the names of any individual participant in, or
contributor to, the Service, or any variations or derivatives
thereof, for any purpose, without TEL3Advantage 's prior
written approval.
9. Disclaimer and Limitation of Liability.
(A) You agree that your use of the Service is at your sole
risk and acknowledge that the Service and anything contained
therein, including, but not limited to, Content, services,
goods or advertisements (the "Items") are provided "AS IS" and
that TEL3Advanatge makes no warranty of any kind, express or
implied, as to the Items, including, but not limited to,
merchantability, noninfringement, title or fitness for a
particular purpose or use. TEL3Advanatge does not warrant that
the Service is compatible with your equipment or that the
Service is free of errors or viruses, worms or "Trojan horses"
and is not liable for any damage you may suffer as a result of
such destructive features. You agree that TEL3Advantage , its
Suppliers and its third-party agents shall have no
responsibility or liability for (i) any injury or damages,
whether caused by the negligence of TEL3Advantage , its
employees, subcontractors, agents, Suppliers or otherwise
arising in connection with the Service and shall not be liable
for any lost profits, losses, punitive, incidental or
consequential damages or any claim against TEL3Advanatge by
any other party or (ii) any fault, inaccuracy, omission, delay
or any other failure in the Service caused by your computer
equipment or arising from your use of the Service on such
equipment. The content of other Web sites, services, goods or
advertisements that may be linked to the Service is not
maintained or controlled by TEL3Advantage. TEL3Advanatge is
therefore not responsible for the availability, content or
accuracy of other Web sites, services or goods that may be
linked to, or advertised on, the Service. TEL3Advanatge does
not (a) make any warranty, express or implied, with respect to
the use of the links provided on, or to, the Service, (b)
guarantee the accuracy, completeness, usefulness or adequacy
of any other Web sites, services, goods or advertisements that
may be linked to the Service or (c) make any endorsement,
express or implied, of any other Web sites, services, goods or
advertisements that may be linked to the Service.
TEL3Advanatge is also not responsible for the reliability or
continued availability of the telephone lines and equipment
you use to access the Service. You understand that
TEL3Advanatge and/or third-party contributors to the Service
may choose at any time to inhibit or prohibit their content
from being accessed under the TOS.
(B) You acknowledge that (i) the Service is provided for
information purposes only; (ii) TEL3Advanatge does not
guarantee the sequence, accuracy, completeness or timeliness
of the Service and (iii) the provision of certain parts of the
Service is subject to the terms and conditions of other
agreements to which TEL3Advanatge is a party. Accordingly,
anything to the contrary herein set forth notwithstanding,
TEL3Advanatge, its officers and employees, parent, affiliates,
subsidiaries, successors and assigns, Suppliers and its
third-party agents shall not, directly or indirectly, be
liable, in any way, to you or any other person for any:
(i)inaccuracies or errors in or omissions from the Service
including, but not limited to, quotes and financial data;
(ii)delays, errors or interruptions in the transmission or
delivery of the Service; or (iii)loss or damage arising
therefrom or occasioned thereby, or by any reason of
nonperformance.
(C) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, SHALL TEL3ADVANTAGE , ITS SUPPLIERS AND ITS
THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES EVEN IF A TEL3ADVANTAGE AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES,
ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY
LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS,
SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED
PROFITS OR LOST BUSINESS. Applicable law may not allow the
limitation or exclusion of liability or incidental or
consequential damages. In no event shall TEL3Advantage 's
total liability to you for all damages, losses and causes of
action (whether in contract or tort, including but not limited
to, negligence) exceed the amount paid by you, if any, for
accessing this site.
(D) THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN
CONNECTION WITH THIS WEBSITE MAY OR MAY NOT CARRY WARRANTIES
FROM THE MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER
WARRANTIES EXIST, THEY ARE THE ONLY WARRANTIES APPLICABLE TO
SUCH PRODUCTS
(E) TEL3ADVANTAGE DOES NOT WARRANT THAT THE WEBSITE
CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY
CATEGORIES OF PRODUCTS WHATSOEVER.
(F) THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB
SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND
CUSTOMER SHALL ASSUME ALL RISK OF LOSS. TEL3ADVANTAGE SHALL
NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR
AMOUNT) FOR LOST OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR
FRAUDULENT USE OF PINS, OR FOR PINS THAT HAVE UNUSED OR
EXPIRED MINUTES.
(G) THE OBLIGATIONS OF TEL3ADVANTAGE UNDER THIS AGREEMENT
ARE SUBJECT TO, AND TEL3ADVANTAGE SHALL NOT BE LIABLE FOR,
DELAYS, FAILURES TO PERFORM, DAMAGES, LOSSES OR DESTRUCTION,
OR MALFUNCTION OF ANY EQUIPMENT OR ANY CONSEQUENCE THEREOF
CAUSED OR OCCASIONED BY, OR DUE TO FIRE, FLOOD, WATER, THE
ELEMENTS, LABOR DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS,
POWER FAILURES, EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL
ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES, UNAVAILABILITY
OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES,
INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD
PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE BEYOND THE
REASONABLE CONTROL OF TEL3ADVANTAGE .
(H) You may order, purchase, or otherwise obtain services
or merchandise through this Website from entities not
affiliated with TEL3Advanatge ("Sellers"). All matters
concerning the merchandise and services obtained or desired
from any Seller, including but not limited to purchase terms,
payment terms, warranties, guarantees, maintenance and
delivery, are solely between you and the Seller. TEL3Advanatge
makes no warranties or representations whatsoever with regard
to any goods or services provided by Sellers. You will not
consider TEL3Advanatge nor will TEL3Advanatge be construed as
a party to such transactions, whether or not TEL3Advanatge may
have received some form of revenue or other remuneration in
connection with the transaction or be liable for any costs or
damages arising out of, either directly or indirectly, you or
any other person involved or related to the transaction.
10. Representations and Warranties. You
represent, warrant and covenant that: (a) you have the power
and authority to enter into this agreement; (b) you are at
least eighteen (18) years old; (c) you shall not use any
rights granted hereunder for any unlawful purpose; and (d) you
shall use the Service only as set forth in the TOS.
11. Indemnification. You agree, at your
own expense, to indemnify, defend and hold harmless
TEL3ADVANTAGE and its employees, representatives, Suppliers
and agents, against any claim, suit, action or other
proceeding brought against TEL3Advantage , its employees,
representatives, Suppliers and agents, by a third party,
arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any
rights of another. You agree to pay any and all costs, damages
and expenses, including, but not limited to, reasonable
attorneys' fees and costs awarded against or otherwise
incurred by or in connection with or arising from any such
claim, suit, action or proceeding attributable to any such
claim.
12. Termination. Either you or
TEL3Advanatge may terminate the TOS with or without cause at
any time and such termination shall be effective immediately.
You may terminate the TOS by discontinuing use of the Service
and destroying all materials obtained from the Service. These
TOS will terminate immediately without notice from
TEL3Advanatge if you, in TEL3Advantage 's sole discretion,
fail to comply with any provision of these TOS. Upon
termination by you or upon notice of termination by
TEL3Advantage , you must destroy promptly all materials
obtained from the Service and any copies thereof.
13. Miscellaneous.
(A) You accept that TEL3Advanatge has the right to change
the content or technical specifications of any aspect of the
Service at any time at TEL3Advantage 's sole discretion. You
further accept that such changes may result in your being
unable to access the Service.
(B) You agree not to impersonate any other person or
entity, whether actual or fictitious, including impersonating
an employee or consultant of TEL3Advantage. You further agree
not to use an inappropriate member name of any kind.
14. Assignment. TEL3Advanatge may freely
assign this Agreement and upon such assignment TEL3Advanatge
will be relieved of any further obligation there under. You
may not assign its rights under this Agreement, in whole or in
part, to any third party.
15. Headings. The section titles in the
TOS are used solely for the convenience of you and
TEL3ADVANTAGE and have no legal or contractual significance.
16. Severability. If any provision of the
TOS is found invalid or unenforceable, that provision will be
enforced to the maximum extent permissible, and the other
provisions of these TOS will remain in force.
17. Waiver. Any waiver by
either party of a breach of any provision of this Agreement
shall not operate as or be construed to be a waiver of any
other breach of such provision or of any breach of any other
provision of this Agreement. The failure of a party to insist
upon strict adherence to any term of this Agreement on one or
more occasion shall not be considered a waiver or deprive that
party of the right thereafter to insist upon strict adherence
to that term or any other term of this Agreement. All waivers
must be in writing.
18. Applicable Law: Venue, Legal
Actions and Attorneys' Fees. This Agreement will be
governed by and construed in accordance with the Laws of the
State of Florida , without regard to conflicts of law
principles. Any and all litigation concerning this Agreement
shall be brought only in the state courts of Miami-Dade County
, Florida . BOTH PARTIES FOREVER RELINQUISH THEIR RESPECTIVE
RIGHTS/ENTITLEMENT TO TRIAL BY JURY IN ANY AND ALL LITIGATION
PERTAINING TO THIS AGREEMENT. Each of the parties hereto shall
now and forever bear its own costs and attorneys' fees both in
connection with the execution of this Agreement and any and
all enforcement thereof in a court of law.
19. Entire Agreement. The TOS and any
other terms and conditions of service on TEL3Advantage, and
its successor, constitute the entire agreement between you and
TEL3Advantage and govern your use of the Service.
INTELLECTUAL PROPERTY ISSUES
1. General Inquiries: Please send general
inquiries regarding intellectual property issues to General
Counsel. 2. Copyright Agent for Copyright
Infringement Claims (Digital Millennium Copyright Act):
TEL3Advantage respects the rights of all copyright
holders and in this regard, TEL3Advantage has adopted and
implemented a policy that provides for the termination in
appropriate circumstances of subscribers and account holders
who infringe the rights of copyright holders. If you believe
that your work has been copied in a way that constitutes
copyright infringement, please provide TEL3Advantage 's
Copyright Agent the following information required by the
Online Copyright Infringement Liability Limitation Act of the
Digital Millennium Copyright Act, 17 U.S.C. §512: A. A
physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed; B. Identification of the copyright work claimed
to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a
representative list of such works at that site; C.
Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate
the material; D. Information reasonably sufficient to
permit us to contact the complaining party; E. A statement
that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and F. A
statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. |