Terms of Use
This Terms of Use Agreement (the "Agreement") is between you, any
company or business entity on whose behalf you are acting, and Telegration,
Inc. By your use of the Telegration, Inc. Site you agree, without limitation or
qualification, to be bound by, and comply with this and all future Agreements.
If you do not wish to be bound by the terms of this Agreement, please do not
use this Web site.
Telegration, Inc. Content
EVERYTHING on this site, and all related sites, is copyrighted unless
otherwise stated. All trademarks and logos are either owned by us or we are
using them with the owner's permission. DO NOT copy, reproduce,
republish, upload, distribute, modify, transmit or reuse anything from this
site, including but not limited to text, images, graphics, html, or content for
public or commercial uses. You may print information from this site but only
ONE copy for NONCOMMERCIAL, PERSONAL use. REMEMBER, unauthorized use of
any copyrighted material is a violation of national and international law.
While visiting our site or any of our client's sites, you're agreeing to the
terms and conditions listed on this page.
Conduct Limitation
You agree not to attempt to access any of Telegration, Inc.
systems, programs or data that are not made available for your use. You
represent, warrant and covenant that: (a) you will not upload, post or transmit
to, or distribute or otherwise publish through the Telegration, Inc. Site
either directly or indirectly any materials which: (i) restrict or inhibit any
other user from using and enjoying the Telegration, Inc. Site; (ii) are
unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit, or indecent; (iii)
constitute or encourage conduct that would constitute a criminal offense, give
rise to civil liability or, otherwise violate law; (iv) violate, plagiarize, or
infringe the rights of third parties including, without limitation, copyright,
trademark, patent, rights of privacy or publicity, or any other proprietary
right; (v) contain a virus or other harmful component; (vi) contain any
information, software or other material of a commercial nature; (vii) are
unsolicited email ("Spam"); or (viii) constitute or contain false or misleading
indications of origin or statements of fact; and (b) that you are at least
eighteen (18) years old. You specifically agree to comply with all agree with
all local rules regarding online conduct and acceptable content.
Some features on the Telegration, Inc. Site require registration.
By registering at, and in consideration of, your use of the Telegration, Inc.
Site, you agree to provide true, accurate, current, and complete information
about yourself, and to maintain and promptly update such information. You may
only maintain one active registration with Telegration, Inc. By accepting this
Agreement, you certify that you have no other registration with Telegration,
Inc.
Some features on the Telegration, Inc. Site require use of a
password. You are responsible for protecting your password. You agree that you
will be responsible for any and all statements made, and acts or omissions
which occur, through the use of your password. If you have any reason to
believe or become aware of any loss, theft, or unauthorized use of your
password you agree to notify Telegration, Inc. immediately. Telegration, Inc.
will assume that any communication it receives under your password will have
been made by you unless Telegration, Inc. receives notice otherwise.
You, or third parties, are not allowed to frame our site, or use
our proprietary marks as meta tags, without our written consent. You may not
use frames or utilize framing techniques or technology to enclose any
Telegration, Inc. Content without Telegration, Inc. express written consent.
Further, you may not utilize any Telegration, Inc. Content in any meta tags or
any other "hidden text" techniques or technologies without Telegration, Inc.
express written consent.
Purchasing Products or Services
Telegration, Inc. may make its services available for purchase
from time to time through the Telegration, Inc. Site. Telegration, Inc. makes a
conscientious effort to provide accurate information regarding the features,
specifications, pricing, and availability of Telegration, Inc. products and
services ("Product Information"). Occasionally, Information may contain
typographical errors, inaccuracies, or omissions, and therefore Telegration,
Inc. cannot and does not guarantee the accuracy or completeness of this
Information. Telegration, Inc. reserves the right to correct any errors,
inaccuracies, or omissions, and to change or update information at any time
without prior notice to you.
Services Information on the Telegration, Inc. Site does not
constitute an offer to sell. Rather, Services Information is provided merely
for advertising purposes. Your submission of an order to Telegration, Inc.
constitutes an offer to purchase which, if accepted by Telegration, Inc., shall
be subject to Telegration, Inc. terms and conditions of sale.
Changes & Termination
Telegration, Inc. may for any reason change, suspend, or
discontinue any aspect of the Telegration, Inc. Site, this Agreement or
Telegration, Inc. Content at any time without notice or liability to you
("Changes"). Changes become effective upon posting on the Telegration, Inc.
Site. Your use of the Telegration, Inc. Site after the time Changes are posted
indicates your assent to the Changes. Telegration, Inc. may also impose limits
on certain features and services or restrict your access to parts or all of the
Telegration, Inc. Site without notice or liability. Your exclusive remedy in
the event of any of the foregoing will be to terminate your use of the
Telegration, Inc. Site. Upon termination, you must immediately destroy any
downloaded and/or printed Telegration, Inc. Content, and any installations
thereof, which you have obtained from the Telegration, Inc. Site.
You agree that Telegration, Inc. may at any time, and at its sole
discretion, terminate your use of the Telegration, Inc. Site without prior
notice to you for violating any of the above provisions or for other reasons
that Telegration, Inc. deems necessitate such termination, in Telegration, Inc.
discretion.
Indemnity
You agree to indemnify, defend, and hold harmless Telegration,
Inc., from and against any claim, liability, cost, damage, expense, or loss it
may incur (including, without limitation, reasonable attorneys' fees and costs)
as a result of: (i) your use of User-Provided Content or Telegration, Inc.
Content; (ii) any content provided by you; (iii) any violation by you of your
obligations under this Agreement; and (iv) any violation by you of the rights
of others. Telegration, Inc. reserves the right, but not the obligation to, at
its own expense; assume control of the defense of any action subject to
indemnification by you under this Agreement. You agree not to settle any claim
arising under this Agreement without the prior written consent of Telegration,
Inc. You will use your best efforts to cooperate with Telegration, Inc. in the
defense of any claim.
Disclaimer of Warranties
TELEGRATION, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COMPLETENESS,
TRUTHFULNESS, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHT, MERCHANTABILITY,
OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT FOUND HEREIN. ALL CONTENT
PROVidED ON THE TELEGRATION, INC. SITE IS TO BE USED ON AN "AS IS, WITH ALL
FAULTS" AND "AS AVAILABLE" BASIS. FURTHER, TELEGRATION, INC. MAKES NO WARRANTY
THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF
VIRUSES, WORMS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL
WILL MEET YOUR EXPECTATIONS OR WILL BE ACCURATE, RELIABLE OR RESULT IN REVENUE
OR SAVINGS TO YOU.
You agree that Telegration, Inc. will not be held liable to
anyone for any loss or injury resulting from your direct or indirect use of the
Telegration, Inc. Site. This includes, but is not limited to, loss or injury
caused in whole or in part by Telegration, Inc. procuring, compiling,
interpreting, reporting or delivering any portion of the Telegration, Inc.
Site. Some jurisdictions do not allow the disclaimer of such warranties, so
this may not apply to you, but the disclaimer will apply to the furthest extent
allowed by law.
Disclaimer of Liability
You acknowledge that Telegration, Inc. will not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to damages for loss of profits, goodwill, use, data
or other intangible losses (even if Telegration, Inc. has been advised of the
possibility of such damages), resulting from or related to the use or inability
to use the Telegration, Inc. Site whether or not such loss or damage is based
on contract, tort (including negligence and strict liability) or otherwise.
Some jurisdictions do not allow the waiver of such damages, so this may not
apply to you, but the waiver will apply to the furthest extent allowed by law.
The Telegration, Inc. Site may contain links to, or be linked
from, other non-Telegration, Inc. Web sites. Telegration, Inc. makes no claim
or representation regarding, and accepts no responsibility for any content,
products, or materials on such sites, nor does it assume any responsibility for
your reliance on or use of content, products or other materials obtained from
such sites. Such reliance is at your own risk.
Governing Law
This Agreement, your rights and obligations, and all actions
contemplated by this Agreement will be governed by the laws of the United
States of America and the State of Michigan (except with respect to its
conflict of law provisions) as if the Agreement were a contract wholly entered
into and wholly performed in San Francisco County, California independent of
your actual state or country of residence. Any dispute arising out of or
relating to this Agreement whether at law or in equity will be resolved
exclusively in the federal or state courts located in Oakland County,
Michigan, and you hereby irrevocably and unconditionally consent to the
exclusive jurisdiction and venue of such courts.
Miscellaneous
This Agreement constitutes the entire agreement between Telegration,
Inc. and you with respect to your use of the Telegration, Inc. Site. Any cause
of action you may have with respect to your use of the Telegration, Inc. Site
must be commenced within one (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction finds any provision
of the Agreement, or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to affect the intent of the
Agreement, and the remainder of this Agreement shall continue in full force and
effect. All provisions of this Agreement which impose obligations continuing in
their nature shall survive the termination or expiration of this Agreement,
including but not limited to, provisions for indemnity and any licenses granted
by you to Telegration, Inc.. The failure of Telegration, Inc. to exercise or
enforce any provision of this Agreement shall not constitute a waiver of such
right or provision.
Company Contact Information
If you have any questions or comments regarding the Telegration, Inc.
Site or its contents, please contact us by email at webmaster@telegration.net
or by regular mail at:
Telegration, Inc.
Attention: Webmaster
3250 West Big Beaver Road , Ste 200 , Troy , MI 48084
BY USING OR REGISTERING TO BECOME A USER OF THE TELEGRATION, INC.
SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY
ITS TERMS.
ASSENT
BY USING THE TELEGRATION, INC. SITE YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
Copyright Policy
Telegration, Inc., ("Telegration, Inc.") prohibits the posting of
materials that infringe the intellectual property rights of others. In
addition, Telegration, Inc. expressly reserves the right to remove any content
that infringes the intellectual property of others or that violates
Telegration, Inc. Terms of Use. Telegration, Inc. may terminate the use of its
Web site by users who Telegration, Inc. has reason to believe have engaged in
such conduct.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Telegration, Inc. Copyright
Agent with a notice containing the following information:
1. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been
infringed;
3. a description of where the material that you claim is
infringing is located on the Telegration, Inc. web site;
4. your address, telephone number, and email address;
5. 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;
6. 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.
Telegration, Inc. Copyright Agent for notice of claims of
copyright infringement can be reached as follows:
By mail:
Telegration, Inc.
Attention: Webmaster
3250 West Big Beaver Road , Suite 200 , Troy , MI 48084
By phone:
1-248-614-6300