THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.
Terms of Service
Effective Date: 1/22/2019
TeleTails Inc. (hereinafter “TeleTails,” “we” or “us”) provides this website, our computing applications, and the data, information, tools, updates and similar materials delivered or provided by us (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms of Service agreement (the “Agreement”).
This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.
We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions, which may be through posting to the Service or otherwise. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive and use the Service. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
There are two types of users on the Service: those individuals or entities offering the engagement of their own services (“Providers”) and those seeking to engage Providers (“Customers”, and together with Providers, “Users” or “you”). When used in this Agreement, “you” shall refer to the User individually, as well as in their capacity as an agent or representative of any business that such User represents, if any. Similarly, when used in this Agreement, “Provider” shall refer to the Provider individually, as well as in their capacity as an agent or representative of any business that such Provider represents, if any.
You must be at least eighteen (18) years old to use the Service as a Customer or Provider. By using the Service, you represent that you meet the applicable minimum age requirement.
Some parts or all of the Service may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.
By requesting to use, registering to use and/or using the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
If you are a Provider, you are permitted to legally work within the United States, and you and the businesses you represent on the Service are licensed and qualified to provide all the goods and services that you hold out, market or render, as required by applicable law and best industry standards; and
You are not a competitor of TeleTails.
We do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that Users will be able to access or use the Service, or its features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if your order has already been accepted or processed.
WE DO NOT PROVIDE ANY OF THE SERVICES BEING OFFERED OR RENDERED BY PROVIDERS (THE “Provider Services”). OUR SERVICE IS LIMITED TO A MEANS OF COMMUNICATING, COORDINATING AND TRANSACTING WITH OTHER PARTIES. IF OUR SERVICE IS USED TO COORDINATE THE PURCHASE OF PROVIDER SERVICES, IT IS UP TO THE PROVIDER TO OFFER THEIR PROVIDER SERVICES, AND FOR THE CUSTOMER TO DETERMINE THE SUITABILITY OR SAFETY OF SUCH PROVIDER SERVICES AND TO FOLLOW THE INSTRUCTIONS GIVEN BY THE PROVIDER. PROVIDERS ARE SOLELY RESPONSIBLE FOR ESTABLISHING THE VETERINARIAN-CLIENT-PATIENT RELATIONSHIP WITH CUSTOMERS AND FOR PROVISION OF THE PROVIDER SERVICES THEREBY. USE OF THE SERVICE DOES NOT CREATE A VETERINARIAN-CLIENT-PATIENT RELATIONSHIP BETWEEN US AND ANY USER.
WE HAVE NO RESPONSIBILITY OR LIABILITY RELATING TO ANY PROVIDER SERVICES, ANY CUSTOMER PAYMENT, OR THE ACTIONS OR CONDUCT OF ANY USER.
Although we may ELECT not TO investigate or perform background searches on Users of the Service, as a User, you consent to us conducting a full background search on you. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE CONTROL OVER OR ASSUME ANY RESPONSIBILITY FOR THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION INCLUDED IN ANY SUCH BACKGROUND CHECK. THE RESULTS OF BACKGROUND CHECKS MAY BE SHARED WITH OTHER USERS OF THE SERVICE. Nevertheless, it is ultimately up to each User to ensure their own safety in your interactions and meetings with other Users of the Service.
Any and all claims relating to your satisfaction with any services or goods provided to you by Providers shall solely be brought against such Providers, and you agree not to include us in any such claim.
Offerings, Cancellations and Payments
As a Provider, you may post the availability of Provider Services to the Service. If you, as a Provider, post the availability of Provider Services to other users, you may elect the rate you wish to charge those other users from the options provided by the Service.
Providers may be required to, pay ongoing, self-renewing subscriptions to access the Service (the “Subscriptions”). When you sign-up for a subscription, you will be granted access to the Services for the length of time identified when you sign-up. You will be charged in the amounts and at the times identified in the Subscription you select. We reserve the right to change the applicable Subscription fees or charges and to institute new fees and charges at the end of the current Subscription term, upon thirty (30) days prior notice to you, which may be sent by email.
Unless you cancel before renewal, except where prohibited by law, Subscriptions automatically renew for an additional term of the same length upon expiration. Fees or charges during any such renewal term shall be the same as that during the prior term unless we have given you notice of an increase as described herein, in which case the increase shall be effective upon renewal and thereafter. You may cancel your subscription at any time, but you will not be entitled to a refund for any past payments or future payments due during the remainder of your cancelled term. If you cancel before the end of your Subscription, you will be charged the entire remaining Subscription fees at that time. To cancel your Subscription, please e-mail TeleTails at email@example.com.
For any subscription products, you agree that your license to the Service is not a service, repair or maintenance to real or personal property.
Customers may book the services being offered by a Provider, and at that time, will provide information on the animal or animals (each, a “Client” and collectively the “Clients”) that will be receiving the Provider’s services.
Either a Customer or Provider may cancel a booking prior to the commencement of the Provider Services in accordance with such Provider’s cancellation policy, available on Provider’s user profile page or otherwise through Provider. NOTE THAT CANCELLATION CHARGES MAY APPLY FOR CANCELLATIONS WITHIN A CERTAIN TIME OF THE SCHEDULED PERFORMANCE BY A PROVIDER.
At the time for commencement of performance of the Provider Services, the Provider and Customer parties will, as the case may be, confer via video or digital remote consultation, exchange animal medical records or images, or meet in-person. At that time, each party may confirm each other’s presence or availability and the identity of the Client. If a Client is different from what was booked, the Provider may adjust the pricing of the Provider Services prior to commencement of performance. The Provider and Customer may then proceed with performance.
Either Provider or Customer may end the performance of the Provider Services at any time through the functionality of the Service. At the end of the performance, the Service will charge Customer for the applicable Provider Service, length and rate, deduct the Service commission as designated on the Service from time to time, and transmit the balance to Provider thereafter.
All transactions are final, and no refunds are available from TeleTails. Any and all disputes related to cancellations or refunds related to Provider Services are the responsibility of Provider and not us.
We may use a third-party payment processor (the “Payment Processor”) to bill and remit payments to users and to draw amounts from Users’ accounts as indicated. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. As a Customer or as a Provider purchasing a Subscription, you agree to provide us accurate and complete information about you and your chosen payment provider or account (your “Payment Method”), including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, and your address. As a Provider, you agree to provide us accurate and complete information about you and your chosen bank account, including without limitation your account number, and the date of birth, address, and last four digits of the social security number of the primary account holder. Verification of information may be required prior to the acknowledgment or completion of any transaction. You authorize us to share such information as well as transaction information with the Payment Processor. As a Customer or as a Provider purchasing a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of the Service. You agree to make payment using that selected Payment Method, and you authorize us, through the Payment Processor, to charge your Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You represent and warrant that you have the legal right to use any credit card(s), bank accounts or other payment means used to initiate any transaction.
The range of rates, offering tiers, and our commission is available for review in the Pricing Agreement executed by and between you and TeleTails.
Rules of Conduct
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
Providers. If you are selling goods or services that are facilitated by the Service, you, individually and on behalf of any business that you represent, if any, represent and warrant that you are duly licensed to sell and/or perform all such goods or services in the jurisdiction that such goods or services will be provided, and that all such goods or services comply with applicable law and will not cause damage or injury to any party or any Clients. IT IS A PROVIDER’S SOLE OBLIGATION TO ENSURE THE LEGALITY, SUITABILITY AND APPROPRIATENESS OF THEIR SERVICES. PROVIDERS ARE SOLELY RESPONSIBLE FOR ESTABLISHING THE VETERINARIAN-CLIENT-PATIENT RELATIONSHIP WITH CUSTOMERS AND FOR PROVISION OF THE PROVIDER SERVICES THEREBY. PROVIDERS AGREE TO PROVIDE SERVICES IN ACCORDANCE WITH AVMA GUIDELINES, INCLUDING BUT NOT LIMITED TO, THE GUIDELINES ON PROVISION OF SERVICES WITHIN AND WITHOUT AN ESTABLISHED VETERINARIAN-CLIENT-PATIENT RELATIONSHIP. USERS AGREE THAT WE ARE NOT RESPONSIBLE FOR THE FOREGOING, AND THAT USERS WILL NOT CLAIM THAT WE ARE RESPONSIBLE FOR THE FOREGOING.
All Users. You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
is unlawful or encourages another to engage in anything unlawful;
contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;
violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or
is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.
You must keep your user name and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.
You further agree that you will not do any of the following:
breach, through the Service, any agreements that you enter into with any third parties;
stalk, harass, injure, or harm another individual through the Service;
modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
attempt to probe, scan or test the vulnerability of a system or network of the Service or to breach security or authentication measures without proper authorization;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
harvest or collect the email address, contact information, or any other personal information of other users of the Service;
use any means to crawl, scrape or collect content from the Service via automated or large group means;
submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;
register for more than one user account; or
impersonate any other person or business.
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Services, restricting your ability to upload Submissions or Content, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
Content Submitted or Made Available to Us
You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce and otherwise use content you make available to us.
Therefore, if you choose to submit any Content to the Service, or otherwise make available any Content through the Service, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, transmit, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels, including but not limited to the right to commercially use the rights of publicity, persona, trademark, image and name of the individuals and entities depicted in such Content.
By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) we are not under any confidentiality obligation relating to the Content or Submissions; (d) we shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.
You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.
Our Intellectual Property
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
Data Collection and Use
Enforcement and Termination
We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.
All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
Links and Third-Party Content
The Service may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties. We do not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
DISCLAIMERS AND LIMITATION ON LIABILITY
EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
FURTHER, OPINIONS, ADVICE, STATEMENTS, OFFERS, SUBMISSIONS OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.
THE SERVICE IS INTENDED TO BE USED FOR COMMUNICATION PURPOSES ONLY. THE SERVICES HAVE NOT BEEN FDA APPROVED AS A MEDICAL DEVICE, AND ARE NOT INTENDED TO BE USED FOR MEDICAL PURPOSES, INCLUDING USE IN THE DIAGNOSIS, MONITORING, TREATMENT, CURE OR PREVENTION OF DISEASE IN, OR STATES OF HEALTH OF, HUMANS OR OTHER ANIMALS. YOU MAY NOT, AND SHALL NOT PERMIT OTHERS, TO USE THE SERVICES IN CONNECTION WITH MEDICAL PURPOSES, INCLUDING USE IN THE DIAGNOSIS, MONITORING, TREATMENT, CURE OR PREVENTION OF DISEASE IN, OR PHYSIOLOGICAL STATUS OF, ANY HUMANS OR OTHER ANIMALS.
USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then, to the maximum extent permissible by law, you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of the greater of (a) $500.00 or (b) the amounts paid to, or by, you through the Service within the last six months, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim, whether other provisions of this Agreement have been breached, or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.
SOME STATES, INCLUDING NEW JERSEY, MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service (b) your use of the Service, (c) your provision of Provider Services, if any, (d) your violation of this Agreement, and (e) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.
Governing Law and Jurisdiction; Arbitration
You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Legal Department, TeleTails Inc.,175 Varick Street, New York, NY 10014.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in New York, New York. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
You and TeleTails agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and TeleTails agree that each have waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in New York, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.
POLICIES FOR CHILDREN
The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement is subject to change on a prospective basis at any time. In the event that we change this Agreement, you may be required to re-affirm the Agreement through use of the Service or otherwise. Your use of the Service after the effective date of any changes will constitute your acceptance of such changes.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Legal Department, TeleTails Inc.,175 Varick Street, New York, NY 10014, or sent via email to firstname.lastname@example.org.
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
Information reasonably sufficient to permit us to contact you;
A statement that you have 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,
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
175 Varick ST
New York, NY 10014
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any material posted on the Services infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to email@example.com containing the following information:
Your name, physical address, e-mail address and phone number;
A description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
Identification of the location of the material on the Site;
If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and
Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
ADDITIONAL TERMS APPLICABLE TO iOS-POWERED SOFTWARE
In the event that you use the Service through software operating on iOS, the following additional terms apply:
Your use of our iOS application is subject to the Usage Rules set forth in Apple’s then-current App Store Terms of Service.
You agree that Apple has no duty or obligation to provide support or maintenance services with respect to our iOS application.
To the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to our iOS application.
You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS application or your possession and/or use of our iOS application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You agree that Apple is not responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS application or your possession and use of our iOS application.
You agree to comply with all applicable third party terms of agreement when using our iOS application, such as the terms of your wireless carrier, where applicable.