The site TelaTree (the “Site”) is a website of TelaConsultants, LLC, a Texas limited liability company (“TelaConsultants”). These terms and conditions (referred herein as the “Terms & Conditions”) govern your access to, browsing, and use of the Site, including all of the content, data, and information contained therein and any purchases of products or services made by you through the Site. Please read these Terms & Conditions carefully, and if you have any questions or concerns about these Terms & Conditions, you may contact TelaConsultants at firstname.lastname@example.org.
THESE TERMS & CONDITIONS ARE BINDING AND YOUR ACCESS TO AND USE OF ANY PORTION OF THE SITE, INCLUDING YOUR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THE SITE, CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS & CONDITIONS AND YOUR AGREEMENT TO BE BOUND BY THESE TERM & CONDITIONS, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY TELACONSULTANTS IN ACCORDANCE WITH SECTION 3 BELOW. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SITE IN ANY WAY. ADDITIONALLY, IF, AT ANY TIME, ANY PART OF THESE TERMS & CONDITIONS ARE NO LONGER ACCEPTABLE OR AGREEABLE TO YOU, YOU AGREE TO IMMEDIATELY CEASE YOUR USE THE SITE.
THE SITE IS FOR USE ONLY WITHIN THE UNITED STATES
The Site and it content are intended only for use within the United States. TelaConsultants operates and controls the Site within the United States, and makes no representations or warranties that the information contained within the Site or that the products and/or services promoted and/or sold through the Site are appropriate outside the United States. If you access or use the Site outside of the United States, you do so at your own initiative and risk, and you are subject to compliance with all applicable local, state and federal laws of the United States.
MODIFICATION OF THE TERMS & CONDITIONS
TelaConsultants reserves the right, in its sole and absolute discretion, to modify, amend, or supplement these Terms & Conditions at any time and without prior notice to you. You agree that any access or use of the Site by you following a modification, amendment, or supplementation of these Terms & Conditions constitutes your unconditional agreement and acceptance to be bound by the modified, amended, or supplemented Terms & Conditions. You further acknowledge and agree that it is your responsibility to review these Terms & Conditions each time you use the Site and at any time you are prompted to do so by TelaConsultants. If you fail or refuse to accept any modifications, amendments, or supplementations made to these Terms & Conditions, or if, at any time, you are not in agreement with any changes made to these Terms & Conditions, you are prohibited from accessing or using the Site and you agree to immediately cease accessing and using the Site.
You agree that it is your sole responsibility to maintain the confidentiality and security of your account password and agree not to disclose your password to anyone else or to use anyone else’s password. In the event you become aware of any unauthorized use of your password or account or any other breach of security pertaining to your account or the Site, you agree to immediately notify TelaConsultants of same at email@example.com. You further agree to log out of your account at the end of each session when accessing the Site. TelaConsultants may require you to change your account password from time to time in order to better ensure the security of your account. TelaConsultants shall not be liable for any failure by you to comply with this section or for any loss or damage arising from your failure to maintain the confidentiality or security of your password or any security breach of the Site.
PROPRIETY RIGHTS & USE OF SITE
The Site contains copyright material, trademark and other proprietary information, and the Site and all materials therein constitute the intellectual property owned and controlled by TelaConsultants or licensed to TelaConsultants by third parties. You are prohibited from modifying the Site or any of its content. All rights related to this Site and its content not expressly granted for your use herein are reserved by TelaConsultants. TelaConsultants is granting you permission to access the Site and its content subject to these Terms & Conditions and on the condition that your access to and use of the Site does not infringe upon any intellectual property rights, including any copyright, patent, and trademark rights, of TelaConsultants or any third party. You are prohibited from and agree not to use the Site or any of its contents in any manner that would suggest, ostensibly or otherwise, or lead any third party to believe, that you have any direct association or affiliation with TelaConsultants other than as a consumer. TelaConsultants reserves the right to modify, suspend or discontinue the Site, including any of its content, features, or services, and your use of the Site, at any time and for any reason without prior notice to you. You agree that TelaConsultants is not liable to you or to any third party in connection with your access or use of the Site, its content, or TelaConsultants’ modification, suspension, or discontinuance of the Site, or any service, content, feature, or products offered through the Site. You agree not to use the Site in any manner that could damage, destroy, disable, or interfere with (a) the operation of the Site; (b) TelaConsultants’ servers; or (c) any third-parties’ use and enjoyment of the Site. You agree not to use the Site, its content, or any products or services purchased through the Site, in a manner that violates any local, state or federal criminal or civil laws or in any manner that is prohibited by these Terms & Conditions. You agree not to access or attempt to gain access, through hacking, password mining, or any other means, any user accounts, computer systems, or networks that are connected to TelaConsultants, other than your own. You acknowledge and agree that accessing or attempting to access the Site or any of its content through an account other than your own is strictly prohibited.
FEES & SUBSCRIPTIONS
CANCELLATION AND REFUNDS
You may cancel your monthly subscription at any time by sending an email requesting cancellation to firstname.lastname@example.org. If your request for cancellation is received by TelaConsultants less than fourteen (14) before the end of the current billing period, your cancellation will take effect at the end of the next billing period. There are no refunds or credits for partially used subscription billing periods or for any one-time payments made in connection with the purchase any products or services through the Site. Any refunds or credits given will be at the sole and absolute discretion of TelaConsultants.
TERMINATION OR SUSPENSION OF ACCOUNT
TelaConsultants reserves the right to terminate or suspend your access to and/or use of the Site or any content on the Site, without prior notice to you and without any liability, for any reason whatsoever. In the event your access to or use of the Site is suspended or terminated by TelaConsultants, your right to access or use the Site or its content, as applicable, shall immediately cease.
DISCLAIMER OF WARRANTY AND LIABILITY
NEITHER TELACONSULTANTS NOR ANY OF ITS PAST OR PRESENT EMPLOYEES, MEMBERS, MANAGERS, OFFICERS, SERVANTS, AGENTS, REPRESENTATIVES, OR AFFILIATES (IF ANY) MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SITE’S CONTENT OR THE SUITABLITY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELACONSULTANTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE SITE AND ITS CONTENT, INCLUDING THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, ARE BEING PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND/OR USE OF THE SITE, ITS CONTENT, OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, IS AT YOUR OWN SOLE RISK. NEITHER TELACONSULTANTS NOR ANY OF ITS PAST OR PRESENT EMPLOYEES, MEMBERS, MANAGERS, OFFICERS, SERVANTS, AGENTS, REPRESENTATIVES, OR AFFILIATES (IF ANY) PROVIDE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF THE INFORMATION PROVIDED THROUGH THE SITE, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, AND NO WARRANTY IS PROVIDED AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE, ITS CONTENT, OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE. YOU AGREE THAT NIETHER TELACONSULTANTS NOR ANY OF ITS PAST OR PRESENT EMPLOYEES, MEMBERS, MANAGERS, OFFICERS, SERVANTS, AGENTS, REPRESENTATIVES, OR AFFILIATES (IF ANY) SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING, WIHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, NOMINAL, SPECIAL, OR EXEMPLARY LOSSES OR DAMAGES, THAT ARISE FROM OR ARE RELATED TO YOUR ACCESS TO OR USE OF THE SITE OR INABILITY TO USE THE SITE OR ANY CONTENT ON THE SITE, INCLUDING ANY SUSTAINED LOSSES OR DAMAGES RELATED TO ANY ERRORS, INACCURACIES, OMMISSIONS, FAILURE OF PERFORMANCE, INTERRUPTION OR DELAY IN THE OPERATION OF THE SITE, OR ANY OTHER DEFECTS WITHIN THE SITE OR ITS CONTENT. IT IS EXPRESSLY ACKNOWLEDGED AND UNDERSTOOD BY YOU THAT ANY RISK OF INJURY IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR ITS CONTENT, INCLUDING ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, RESTS ENTIRELY WITH YOU AS THE USER.
BY ACCESSING AND/OR USING OF ANY PORTION OF THE SITE OR ITS CONT ENT, YOU AGRE E TO INDEMNI FY, DE F END, AND HOL D TELACONSULTANTS, AND ALL OF ITS PAST AND PRESENT EMPLOYEES, MEMBERS, MANAGERS, OFFICERS, SERVANTS, AGENTS, REPRESENTATIVES, AND AFFILIATES (IF ANY) (COLLECTIVELY, THE “TELACONSULTANTS REPRESENTATIVES”), HARMELESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COMPLAINTS, LIABILITIES, CAUSES OF ACTION, LOSSES, AND EXPENSES (INCLUDING ATTORNEY’S FEES), WHETHER AT COMMON LAW, STATUTORY, OR OTHERWISE, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, FIXED OR CONTINGENT, LIQUIDATED OR UNLIQUIDATED, INCURRED BY TELACONSULTANTS OR ANY OF THE TELACONSULTANTS REPRESENTATIVES THAT ARISE OUT OF OR THAT ARE IN ANY WAY RELATED TO OR CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE OR ITS CONTENT OR ANY BREACH BY YOU OF THESE TERMS & CONDITIONS OR ANY OF THE REPRESENTATIONS, WARRANTIES, OR PROMISES YOU MADE IN AGREEING TO THESE TERMS & CONDITIONS.
These Terms & Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without giving effect to laws regarding conflict of laws, and any lawsuit brought by a party with respect to these Terms & Conditions or use of the Site shall be brought exclusively in the State Courts of Texas located in Tarrant County, Texas.
In you have a concern, dispute, or claim in connection with your use of the Site, its content, or pertaining to any of the products or services offered by TelaConsultants through the Site, you agree that you must first notify TelaConsultants of your concern, dispute, or claim in writing (the “Notice”) by sending the Notice to TelaConsultants at email@example.com. The Notice must describe the nature and basis of your concern, dispute, or claim and must also set forth the specific relief or remedy you seek from TelaConsultants. Upon receipt of your Notice, TelaConsultants shall have sixty (60) calendar days after the Notice is received by TelaConsultants to try to reach a resolution with you before you may seek any further legal remedy in the Courts or otherwise.
If a court of competent jurisdiction holds any part of these Terms & Conditions to be invalid, void, or unenforceable, in whole or in part, (i) such unenforceable portion of the provision will be deemed severed from these Terms & Conditions, (ii) the validity and enforceability of the remaining portion of the provision and the other provisions of these Terms & Conditions will not be affected or impaired, and (iii) these Terms & Conditions will be amended in order to affect, to the maximum extent allowable by law, the original intent of such provision.
No waiver of any breach of any term or provision of these Terms & Conditions shall be construed to be, nor shall be, a waiver of any other breach of these Terms & Conditions, and no waiver shall be binding unless it is in writing and signed by the party waiving the breach. Additionally, the failure to exercise a right, or to require the performance of an obligation, under these Terms & Conditions shall not effect a party’s right to exercise that right or require performance of the obligation at any time thereafter.
HAVE QUESTIONS OR NEED TO REPORT A VIOLATION?
Except as provided in Section 13 above, if you have any questions regarding these Terms & Conditions or the Site, or if you need to report any violations or security issues, please contact TelaConsultants at firstname.lastname@example.org.
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