Terms Of Service

Last Updated: 2/1/2024

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This site, hills.teletails.com, and the Perfect Poop mobile application is presented by TeleTails Inc. (hereinafter “TeleTails,” “we,” or “us”), a third-party provider that operates the service as a free trial sponsored by Hill’s Pet Nutrition, Inc. (“Hill’s”). By clicking on the links on this page you will leave Hill’s website and be transferred to a site operated by TeleTails and subject to TeleTails’ terms and conditions and privacy policy as stated below. Furthermore, by accessing Hills.TeleTails.com (the "site"), you acknowledge and agree to Hill’s Pet Nutrition’s terms and conditions and privacy policy linked here: the "Hill’s Terms & Conditions" and Hill’s Privacy Policy).

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TeleTails provides the Hills.TeleTails.com service, as well as this website, application, and the associated data, services, information, tools, functionality, 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”).

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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 TeleTails. If you do not agree to these terms and conditions, you may not use the Service. Use of the Service does not create a legal relationship between you and Hill’s or legal liability of any kind to you from Hill’s.

TeleTails 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, including but not limited to, your clicking of a checkbox) is considered acceptance of the updated Agreement. Please refer to the “Last updated” date above to see when this Agreement was last updated.

Incorporated Terms

The following additional terms are incorporated into this Agreement as if fully set forth herein:

TeleTails Privacy Policy – www.teletails.com/perfect-poop-privacy

License

As long as you are in compliance with the conditions of this Agreement and all incorporated documents, TeleTails hereby grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive right to access, receive and use the Service for your internal business purposes only. No rights not explicitly listed are granted.

User Eligibility

Users may use the Service to seek and engage veterinary professionals for pet care information and resources (“Customer,” or “you”). TeleTails offers the engagement of veterinary services through the Service which are performed by TeleTails’ associated consulting veterinary professionals (“Providers”). When used in this Agreement, “Provider” shall refer to the consulting veterinary professional individually, as well as in their capacity as an agent or representative of any business that such individual represents, if any.

You must be at least eighteen (18) years old to use the Service. 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 (i) are not a competitor of TeleTails; and (ii) are not in a geographic region that prohibits the use of virtual veterinary care services. TeleTails makes no representation that the Service is appropriate for use in locations outside of, or all territories in, the Unites States and Canada.

Important Notices

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.

IF YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY GO TO YOUR LOCAL VETERINARIAN OR EMERGENCY CLINIC.

While the Service may provide access to veterinary information, the content and information disseminated is not and should not be considered a medical diagnosis or a replacement for in-person veterinary advice, diagnosis, or treatment. The engagement with Providers and materials appearing on or through the Service including but not limited to the virtual session itself, summaries, descriptions, publications and any other such materials, are for informational purposes only.

GENERALLY, OUR SERVICE MAY NOT BE A COMPLETE SUBSTITUTE FOR IN-PERSON VISITS, CONSULTATIONS AND EXAMINATIONS, OR ADVICE, DIAGNOSIS OR TREATMENT, WITH OR BY, VETERINARIANS AND SHOULD NOT BE RELIED UPON AS SUCH. BY USING THE SERVICES, CUSTOMER ACKNOWLEDGES AND AGREES THAT THEIR USE OF THE SERVICES IS FOR GENERAL INFORMATION PURPOSES ONLY, AND IS NOT A SUBSTITUTE FOR IN-PERSON EVALUATION, CONSULTATION AND EXAMINATION, OR ADVICE, DIAGNOSIS OR TREATMENT, WITH OR BY, VETERINARIANS. THE SERVICE CANNOT, AND DOES NOT ATTEMPT, TO REPLACE OR REPLICATE THE VALUE, INSIGHT, OR KNOWLEDGE THAT CAN ONLY BE GAINED BY A PHYSICAL, IN-PERSON EXAMINATION PERFORMED BY A VETERINARIAN OR OTHER PROVIDER. CERTAIN SYMPTOMS AND MEDICAL CONDITIONS CAN ONLY BE DETECTED IN-PERSON. IT IS EACH CUSTOMER’S SOLE RESPONSIBILITY TO DETERMINE THE SUITABILITY OF A TELEMEDICINE VERSUS AN IN-PERSON VISIT.

Communications via the Service are not confidential or privileged and will not be the subject of any associated confidences or privileges.

By continuing, you consent to receive text (SMS) and or email alerts from TeleTails and Hill’s. You understand that standard message and data rates may apply. You may reply STOP to remove yourself from all communication.

Any information provided to Customer by TeleTails or Providers via the Service does not constitute veterinary or any other professional diagnosis or treatment and does not suggest or propose a specific course of action for you. In order for a Provider to diagnose, treat, or prescribe medication to you or your pet, you must have established a valid Veterinarian-Client-Patient Relationship (“VCPR”) with that Provider under applicable law for the specific pet that is the subject of the Services. No VCPR shall be formed between Customer and TeleTails as a result of you using the Services. The laws, regulations, other governing authorities, standards, practices and procedures that apply to Customer’s particular question or situation may differ depending on Customer’s location and information typically discovered through in-person evaluations or visits. Providers available through the Services may be licensed, certified, educated, employed in or have experience in only particular jurisdictions or within particular fields. Communications with Providers through the Services are inherently limited, as described above, and do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

Free Trial Terms and Conditions

The following terms and conditions will apply if you have a Free Trial Period for TeleTails services. By submitting your payment details, you accept the Free Trial Offer and (i) consent to TeleTails using your payment details in accordance with our Privacy Policy, (ii) acknowledge and agree to TeleTails Terms and Conditions of Use and these TeleTails Free Trial Terms and Conditions. After the trial period, regular price for TeleTails services will be automatically charged. Customers not wishing to continue TeleTails services beyond the free trial must cancel the TeleTails service (either through the settings section in the web or mobile app, or by contacting support@teletails.com) before the end of the Free Trial Period. Free trial offers apply to new customers only and cannot be used more than once or combined with another offer. Offer is not available for customers in all regions and countries. Any Hill’s-sponsored Free Trial Period, and the site Hills.Teletails.com, ends after the Free Trial Period and does not autorenew.

TeleTails reserves the right to remove, cancel, or modify the free trial offer at any time, for any reason.

ANY SERVICE DATA YOU ENTER INTO A SERVICE, AND ANY CONFIGURATIONS OR CUSTOMIZATIONS MADE TO A SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE AS COVERED BY THE TRIAL, PURCHASE THE APPLICABLE SERVICE, OR EXPORT SUCH SERVICE DATA, BEFORE THE END OF THE TRIAL PERIOD.

Fees, Offerings, Cancellations and Payments

You agree to pay all fees or charges at the time a fee or charge is due and payable. Current fees and billing terms for the Service will be as described by TeleTails prior to your use of the Service, and such fees and billing terms may be updated by TeleTails from time to time in its sole discretion.

Access to the Service may require enrollment in a subscription (“Subscription”) and payment of Subscription fees. Subscription periods and fees are described further on the Service. If you purchase a Subscription, it may result in recurring charges to your Payment Method (as defined herein), and you agree that we may charge such amounts until such a time as your Subscription expires, is terminated, or you cancel the Subscription. We will automatically charge your Payment Method when Subscription fee payments are due. TeleTails subscriptions cover up to six (6) pets within a single household. Additional Subscription fees may apply for additional pets. In addition to other applicable remedies, we reserve the right to suspend and/or terminate your Subscription if your Payment Method is declined or fails and your account therefore is delinquent.

Customers may book the services being performed by TeleTails via a Provider (“Provider Services”), and at that time, will provide information on the animal or animals (each, a “Patient” and collectively the “Patients”) that will be receiving the Provider Services. Descriptions of, and to the extent applicable, rates associated with, Provider Services are listed on the Service. Either Customer or TeleTails may cancel a booking prior to the commencement of the Provider Services in accordance with TeleTails’ cancellation policy, available on the Service or otherwise through TeleTails. NOTE THAT CANCELLATION CHARGES MAY APPLY FOR CANCELLATIONS WITHIN A CERTAIN TIME OF THE SCHEDULED PERFORMANCE.

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 Patient. If a Patient or the Provider Services requested are different from what was booked, the pricing of the Provider Services may be adjusted. TeleTails, 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 of the Provider Services, the Service will charge (i) Customer, or (ii) a service partner of TeleTails, if Customer is accessing the Service through a service partner, as applicable, for the applicable Provider Service.

Communications about any and all disputes related to cancellations or refunds related to Provider Services must be sent, along with a sufficiently detailed explanation of the dispute and the events or occurrences giving rise to the dispute, to refunds@teletails.com. All transactions are final, and except as may be available pursuant to the foregoing process, no refunds are available from TeleTails.

TeleTails 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, 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. 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, 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.

TeleTails’ current Payment Processor is Stripe and as such, the processing of payments are subject to (i) the Stripe Terms of Service, and (ii) Stripe’s privacy policy.

Informed Consent

Provider Services involve the delivery of veterinary medical services using interactive audio, text, and video technology, where the Customer and the Patient are not in the same physical location as the Provider. During your virtual consultation with a Provider, details of the Patient’s health history and health status information may be discussed with you through the use of interactive video, audio, text, and other telecommunications technology, and your Provider may ask for your assistance to conduct an assessment of the Patient through these technologies. By accepting the terms of this Agreement, you acknowledge that you understand and agree with the following: you understand that no results can be guaranteed or assured, despite any anticipated benefits from the use of the Service; and that you consent to receive the Provider Services, and to the sharing and disclosing of your personal information, as well as information about the Patient, via the Service, as described in this Agreement.

You consent to the exchange and release of information and records (including communication in conjunction with use of the services) related to the Patient between and from TeleTails and your local/regular/referring veterinarian (or other applicable veterinary facility). TeleTails may store the Patient’s medical records in our systems so that the proper care may be provided, as well as share such information with your referring partners through which you first arrived at 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.

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.

TeleTails reserves 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 and for the performance of the Provider Services, 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 are creating a user account and 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

TeleTails’ graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. Hill’s graphics, logos, names, designs, if any, are trademarks and/or copyrighted material of Hill’s Pet Nutrition, Inc. 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 TeleTails 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

You understand and agree that TeleTails’ Privacy Policy, available here www.teletails.com/perfect-poop-privacy, shall govern the collection and use of data obtained by us through your use of the Service.

Enforcement and Termination

TeleTails reserves 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 TeleTails 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.

Disclaimer Of Warranties 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, AND HILL’S PET NUTRITION, 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”) OR HILL’S PET NUTRITION 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 TeleTails nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors, and neither Hill’s 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.

Indemnification

You agree to defend, indemnify and hold us and our service partners, 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

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THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.

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., 1441 L ST NW, 12th FL, Washington, DC 20005.

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.

General

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., 1441 L ST NW, 12th FL, Washington, DC 20005, and sent via email to legal@teletails.com.

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.

Copyright Policy

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:

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 legal@teletails.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.

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