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| Terms of Use: The 'Normal' English TeleTruth Version |
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You can use TeleTruth for free. But what you see is what you get.
We poured months of staff time into making TeleTruth as accurate as
humanly possible. But we might have made a mistake. We aren't responsible
if you follow our advice and your telecommunicatios problems continue;
we will feel REALLY BAD, but our liability ends there. We respect
your privacy (see our privacy statement), but we can't verify the
privacy practices of other sites we link to. Speaking of linking,
we aren't responsible for the contents of any site we link to, either.
We've tried to offer the most helpful information available, but no
website is the same as a real live information technology professional
at your elbow. Enjoy. |
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| Terms of Use: The Lawyer's Version |
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Agreement to Terms |
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New Networks, including its TeleTruth project, provides access
and use of this site ("Site") subject to your agreement
to the following "Terms of Use" (the "Terms").
Please read these Terms carefully before accessing or using the
Site. By accessing or using the Site, you agree to be bound by these
Terms.
The Terms, as well as the Site (and information contained within
the Site) may be updated or revised from time to time without notice
to you. You agree to periodically review these Terms, and your continued
access to or use of the Site shall constitute your acceptance of
the updated or revised Terms.
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2.
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Contact Information |
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If asked to provide your e-mail address during your use of the site,
please provide an accurate and complete e-mail address. |
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3.
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Use of Information and Services. |
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Third parties may provide certain information displayed on the Site.
Although New Networks believes that such information comes from trustworthy
sources, the third-party information is not necessarily sponsored,
endorsed, recommended, or licensed by New Networks. You should directly
contact the third parties and/or their references for the most accurate
information. |
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4.
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Advice. |
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Neither New Networks nor its information sources
or users are engaged in giving legal, medical, counseling or other
professional services or advice in this Site. |
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5.
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No Liability. |
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Under no circumstances will New Networks be liable for any consequence
relating directly or indirectly to any action or inaction you take
based on the information, services or other material on the Site.
While New Networkswill attempt to keep its Site current, accurate,
and complete, New Networks and its suppliers cannot guarantee, and
will not be responsible for any damage or loss related to, the timeliness,
accuracy, or completeness of the information, services, or other material
on the Site. |
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6.
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Site Conduct. |
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When using the Site, you agree to abide by the following rules:
(a) you may not post or transmit content (information, data, text,
software, graphics, sound, photographs, video, messages, etc.) ("Content")
that is unlawful, harassing, libelous, defamatory, obscene, fraudulent,
harmful, threatening, abusive, hateful, that violates the property
rights of others (including without limitation infringing use of a
copyright or trademark), that violates the privacy or publicity right
of others, or are otherwise objectionable; (b) you may not interfere
with other users' use of the Site; (c) you may not use the Site to
conduct any activity that is illegal or that violates the rights of
others; (d) you may not use the Site to advertise or sell products
or services to others; (e) you may not impersonate any person or entity,
or falsely state or otherwise misrepresent your affiliation with a
person or entity; (f) you may not post or transmit Content that you
do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, confidential
information, etc.); (g) you may not post Content to the Site unless
the Content is freely owned by you or used with the permission of
all other persons with any rights in the Content; and (h) you may
not use the Site to collect or store personal data about other users. |
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7.
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Removal of Content. |
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New Networks does not do a prior review of Content posted by any
party other than New Networks and has no responsibility for Content
posted by any party other than New Networks to the Site. However,
New Networks reserves the right in its sole discretion to delete any
Content submitted to or appearing on the Site. Message boards, "chat
rooms" and/or other information sharing locations on the Site
may contain the opinions and views of other users. New Networks is
not responsible for the accuracy of any messages or postings on the
Site. If you believe that any Content posted on the Site is infringing,
defamatory or otherwise violate the letter or spirit of these Terms,
please contact New Networks immediately. |
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8.
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Submission of Content. |
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If you submit Content to the Site, you grant to New Networks, or
warrant that the owner of such Content has expressly granted to New
Networks, a world-wide, royalty-free, perpetual, irrevocable, transferable,
non-exclusive and fully sublicensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) and/or to incorporate
such Content in other works in any form, media, or technology now
known or later developed. |
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Internet Links. |
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The Site may provide, or third parties may provide, links to other
Internet sites. New Networks has no control over such sites; New Networks
does not endorse, and is not responsible for, any such sites or the
information, material, products or services contained on or accessible
through those sites. You acknowledge that New Networks shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance upon any such information, material, products, or services. |
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10.
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Third Parties. |
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Your correspondence or business transactions with, or participation
in promotions of, third parties found on, or e-commerce through, the
Site and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third
party. You agree that New Networks shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such
transactions or as the result of the presence of such third parties
on the Site. |
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11.
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Indemnification. |
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You agree to indemnify, defend and hold harmless New Networks, its
affiliates, governing board, officers, agents, employees, partners,
and suppliers from any liability, loss, claim, demand, and expense
(including reasonable attorneys' fees) related to (a) your use of
the Site; (b) your violation of these Terms; or (c) your posting of
Content to the Site.12. |
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12.
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Modifications to Site. |
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New Networks reserves the right to, from time to time, discontinue,
temporarily or permanently, the information, services, products, and/or
other Content on the Site with or without notice. |
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13.
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Use and Storage of Content on the Site |
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New Networks may establish general practices and limits concerning
the use of the Site, including without limitation, the maximum number
of days that Content will be available on, or retained by, the Site.
New Networks, in its sole discretion, reserves the right to change
these general practices and limits at any time. |
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Ownership of Content. |
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All information on the Site, as well as the organization and layout
of the site, other than Content posted by you, is owned and copyrighted
by New Networks or its suppliers or other Site users. Except as expressly
authorized by New Networks, you may not copy, distribute, resell,
display, sublicense or create derivative works based on any such information
from the Site, in whole or in part. |
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Disclaimer of Warranty. |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE, AND ALL INFORMATION
AND CONTENT ON THE SITE, IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. New Networks AND ITS INFORMATION
SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD
TO THE SITE AND ALL INFORMATION, SERVICES, AND MATERIALS CONTAINED
ON THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
New Networks MAKES NO WARRANTY THAT: (a) THE SITE WILL MEET YOUR
REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SITE
WILL BE SATISFACTORY; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SITE WILL MEET YOUR EXPECTATIONS, AND; (d) ANY ERRORS IN THE
SITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM New Networks OR THROUGH THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS.
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16.
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Limitation of Liability. |
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IN NO EVENT SHALL New Networks OR ITS AFFILIATES, GOVERNING BOARD,
OFFICERS, AGENTS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS,
DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO
GOODS OR SERVICES PURCHASED DIRECTLY FROM New Networks THROUGH THE
SITE, New Networks'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED
TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT New Networks'S ELECTION,
TO THE REPAYMENT OR CREDITING TO YOU OF AN AMOUNT EQUAL TO THE PURCHASE
PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND
THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. If
any jurisdictions do not allow the foregoing limitations of liability,
the foregoing limitations may not apply to you. |
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17.
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Termination. |
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New Networks may, in its sole discretion, with or without notice,
suspend or terminate your use of this Site, and remove and discard
any Content on the Site, for any reason, including, without limitation
if you violate these Terms. New Networks may also bar you from any
future access to the Site. New Networks will not be liable to you
for any such suspension, termination or prohibition on future access.
Should you object to any subsequent modifications of the terms and
conditions of these Terms, your sole recourse will be to immediately
notify New Networks of your termination of these Terms, which termination
will be effective immediately. To the extent permitted by applicable
law, the terms and conditions of these Terms will survive any termination
of these Terms. |
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20.
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Notices. |
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Any notices to you by New Networks may be made by either e-mail
or regular mail. |
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21.
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General Provisions. |
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These Terms constitute the entire agreement between you and New
Networks and govern your use of the Site, superceding any prior
agreements between you and New Networks regarding the Site (including,
but not limited to, any prior versions of these Terms).
These Terms and the resolution of any dispute related to these
Terms or the Site shall be governed by and construed in accordance
with the laws of the State of New York, without giving effect to
any principles of conflicts of law. New Networks's failure to insist
upon strict enforcement of any provision of these Terms shall not
be construed as a waiver of any provision or right. If any provision
of these Terms is held to be invalid or unenforceable, the remaining
provisions of these Terms will be enforced in accordance with their
terms. The section headings in these Terms are for convenience only
and have no legal or contractual effect.
Regardless of any statute or law to the contrary, you hereby waive
your right to bring any claim against New Networks more than 1 year
after such claim first arose.
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22.
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Arbitration. |
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Any controversy or claim arising out of or relating to these Terms
will be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim will be arbitrated on an individual basis, and
will not be consolidated in any arbitration with any claim or controversy
of any other party. You consent to the arbitration being conducted
in the county of New York, New York. Judgment on the arbitration award
may be entered in any court having jurisdiction thereof. Either you
or New Networks may seek any interim or preliminary equitable relief
from a court of competent jurisdiction in the county of New York,
New York, necessary to protect the rights or property of you or New
Networks pending the completion of arbitration. |
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