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Introduction

This Web Site is provided to you under this "Acceptable Use Policy" and any amendments or supplements to it that may be posted by Telmetriks, LLC ("Telmetriks.com") from time to time (collectively referred to as the "Policy"). Your use of this Web Site shall be deemed to constitute your consent to be bound by the terms and conditions of the Policy and shall be enforceable in the same way as if you had signed the Policy.

This Web Site is intended for and directed to adults in the United States only. This Web Site is not intended for nor target to any children under the age of 13 . If you are not willing to accept the terms and conditions in the Policy, we ask that you not use the Web Site or order any items from it.

Interpretation

Telmetriks services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Telmetriks expressly disclaims any representation or warranty that the Telmetriks services will be error-free, secure or uninterrupted. No oral advice or written information given by Telmetriks, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Policy.

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Telmetriks reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Modification

Telmetriks reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Notices required by this Policy shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Policy shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

Protection of Intellectual Rights and License

You acknowledge that content available through the Web Site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Telmetriks.com herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including, without limitation, any software) available through the Web Site.

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Web Site for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other Web sites, regardless of whether you receive compensation, without the prior written permission of Telmetriks.com. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of Telmetriks.com. Except as expressly provided in the Policy, nothing contained in the Policy or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Telmetriks.com's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Information Disclaimer

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TELMETRIKS.COM OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

You expressly understand and agree that under no circumstances will Telmetriks.com be liable for indirect, special, incidental, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the web site; (2) the use of, or the inability to use, items purchased on the web site; (3) the cost of procurement of substitute services, items, or web sites; (4) unauthorized access to or alteration of your transmissions or data; (5) the statements or conduct of any third party on the web site; or (6) any other matter relating to the web site. These limitations will apply whether or not Telmetriks.com has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

Indemnification

You agree to indemnify and hold harmless Telmetriks, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Policy; and your connection to the Web Site.

The interpretation and enforcement of this Policy shall be governed according the laws of the state of Texas (excluding its choice of law rules) and the federal laws of United States applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Dallas, Texas in the United States of America for any action arising out of or relating to the Account Holder's use of the Telmetriks services. The federal and provincial courts of Dallas, Texas will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Policy.

Electronic Communications & Email

The information communicated on the Web Site constitutes an electronic communication. When you communicate with us through the Web Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Any comments, materials, or letters sent by you to Telmetriks regarding the Web Site, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. Telmetriks .com will have no obligation of any kind with respect to Received Materials that you do not restrict and Telmetriks.com will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. Furthermore, Telmetriks.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Telmetriks.com, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.

Third Parties

Your dealings with advertisers or other third parties found on or through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Telmetriks.com does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Telmetriks.com will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.

Linking to Telmetriks.com

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Telmetriks.com so long as the link does not portray Telmetriks.com, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any Telmetriks.com logo or graphic or trademark as part of the link without the express written permission of Telmetriks.com or Telmetriks. If you wish to exchange relevant Web Site links with Telmetriks.com please contact us via email.

Trademark Notices

This Web site ("Web Site") is owned by Telmetriks, LLC ("Telmetriks.com"). All right to, title to, and interest in the content displayed on the Web Site, including but not limited to the Web Site's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Telmetriks.com or its respective partners, agents, or third parties.

Notice and Procedure for Making Claims of Copyright Infringement

Telmetriks.com asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Telmetriks.com has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Telmetriks Copyright Agent 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;
  • A description of where the material that you claim is infringing is located on the Telmetriks Web Site;
  • Your address, telephone number, and e-mail 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; and
  • 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.
You may send this information to Telmetriks using the following address.

Telmetriks, LLC.
2336 Greencrest Blvd, Suite #211
Rockwall , TX 75087 USA
 
Telmetriks © 2006 | Privacy Statement | Site Map | Acceptable Use Policy

Telmetriks - PO Box 1401 - Rockwall, TX 75087    Telephone - (972)999-1320 - Facsimile (972)692-5796

 

sp; Telephone - (972)999-1320 - Facsimile (972)692-5796

 

at you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Telmetriks Web Site;
  • Your address, telephone number, and e-mail 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; and
  • 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.
  • You may send this information to Telmetriks using the following address.

    Telmetriks, LLC.
    PO Box 1401
    Rockwall , TX 75087 USA
     
    Telmetriks ? 2006 | Privacy Statement | Site Map | Acceptable Use Policy

    Telmetriks - PO Box 1401 - Rockwall, TX 75087    Telephone - (972) 999-1320 - Facsimile (972) 692-5796