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Terms of Use

TERMS OF USE

PLEASE READ! TELLGRADE.COM REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF TELLGRADE.COM ARE REQUIRED CONSIDERATIONS FOR TELLGRADE.COM GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

BY VIEWING, VISITING, USING, OR INTERACTING WITH TELLGRADE.COM OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF TELLGRADE.COM.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO TELLGRADE.COM. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH TELLGRADE.COM OR ITS CONTENTS IN ANY MANNER. TELLGRADE.COM SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

TELLGRADE.COM RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, TELLGRADE.COM IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW TELLGRADE.COM, TO KEEP THEMSELVES INFORMED OF CHANGES.

PARTIES TO THE TERMS OF USE AGREEMENT

Vis­i­tors, view­ers, users, sub­scribers, mem­bers, affil­i­ates, or cus­tomers, col­lec­tive­ly referred to here­in as “Vis­i­tors,” are par­ties to this agree­ment. The web­site and its own­ers and/or oper­a­tors are par­ties to this agree­ment, here­in referred to as “Web­site.”

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express writ­ten con­tract with this web­site to the con­trary, vis­i­tors, view­ers, sub­scribers, mem­bers, affil­i­ates, or cus­tomers have no right to use this infor­ma­tion in a com­mer­cial or pub­lic set­ting; they have no right to broad­cast it, copy it, save it, print it, sell it, or pub­lish any por­tions of the con­tent of this web­site. By view­ing the con­tents of this web­site you agree this con­di­tion of view­ing and you acknowl­edge that any unau­tho­rized use is unlaw­ful and may sub­ject you to civ­il or crim­i­nal penal­ties. Again, Vis­i­tor has no rights what­so­ev­er to use the con­tent of, or por­tions there­of, includ­ing its data­bas­es, invis­i­ble pages, linked pages, under­ly­ing code, or oth­er intel­lec­tu­al prop­er­ty the site may con­tain, for any rea­son for any use what­so­ev­er. Noth­ing. Vis­i­tor agrees to liq­ui­dat­ed dam­ages in the amount of U.S.$100,000 in addi­tion to costs and actu­al dam­ages for breach of this pro­vi­sion. Vis­i­tor war­rants that he or she under­stands that accept­ing this pro­vi­sion is a con­di­tion of view­ing and that view­ing con­sti­tutes accep­tance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The web­site and its con­tents are owned or licensed by the web­site. Mate­r­i­al con­tained on the web­site must be pre­sumed to be pro­pri­etary and copy­right­ed. Vis­i­tors have no rights what­so­ev­er in the site con­tent. Use of web­site con­tent for any rea­son is unlaw­ful unless it is done with express con­tract or per­mis­sion of the web­site.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless express­ly autho­rized by web­site, no one may hyper­link this site, or por­tions there­of, (includ­ing, but not lim­it­ed to, logo­types, trade­marks, brand­ing or copy­right­ed mate­r­i­al) to theirs for any rea­son. Fur­ther, you are not allowed to ref­er­ence the url (web­site address) of this web­site in any com­mer­cial or non-com­mer­cial media with­out express per­mis­sion, nor are you allowed to ‘frame’ the site. You specif­i­cal­ly agree to coop­er­ate with the Web­site to remove or de-acti­vate any such activ­i­ties and be liable for all dam­ages. You here­by agree to liq­ui­dat­ed dam­ages of US $100,000.00 plus costs and actu­al dam­ages for vio­lat­ing this pro­vi­sion.

DISCLAIMER FOR CONTENTS OF SITE

The web­site dis­claims any respon­si­bil­i­ty for the accu­ra­cy of the con­tent of this web­site. Vis­i­tors assume the all risk of view­ing, read­ing, using, or rely­ing upon this infor­ma­tion. Unless you have oth­er­wise formed an express con­tract to the con­trary with the web­site, you have no right to rely on any infor­ma­tion con­tained here­in as accu­rate. The web­site makes no such war­ran­ty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The web­site assumes no respon­si­bil­i­ty for dam­age to com­put­ers or soft­ware of the vis­i­tor or any per­son the vis­i­tor sub­se­quent­ly com­mu­ni­cates with from cor­rupt­ing code or data that is inad­ver­tent­ly passed to the vis­i­tor’s com­put­er. Again, vis­i­tor views and inter­acts with this site, or ban­ners or pop-ups or adver­tis­ing dis­played there­on, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Vis­i­tor down­loads infor­ma­tion from this site at his own risk. Web­site makes no war­ran­ty that down­loads are free of cor­rupt­ing com­put­er codes, includ­ing, but not lim­it­ed to, virus­es and worms.

LIMITATION OF LIABILITY

By view­ing, using, or inter­act­ing in any man­ner with this site, includ­ing ban­ners, adver­tis­ing, or pop-ups, down­loads, and as a con­di­tion of the web­site to allow his law­ful view­ing, Vis­i­tor for­ev­er waives all right to claims of dam­age of any and all descrip­tion based on any causal fac­tor result­ing in any pos­si­ble harm, no mat­ter how heinous or exten­sive, whether phys­i­cal or emo­tion­al, fore­see­able or unfore­see­able, whether per­son­al or busi­ness in nature.

INDEMNIFICATION

Vis­i­tor agrees that in the event he caus­es dam­age, which the Web­site is required to pay for, the Vis­i­tor, as a con­di­tion of view­ing, promis­es to reim­burse the Web­site for all.

SUBMISSIONS

Vis­i­tor agrees as a con­di­tion of view­ing, that any com­mu­ni­ca­tion between Vis­i­tor and Web­site is deemed a sub­mis­sion. All sub­mis­sions, includ­ing por­tions there­of, graph­ics con­tained there­on, or any of the con­tent of the sub­mis­sion, shall become the exclu­sive prop­er­ty of the Web­site and may be used, with­out fur­ther per­mis­sion, for com­mer­cial use with­out addi­tion­al con­sid­er­a­tion of any kind. Vis­i­tor agrees to only com­mu­ni­cate that infor­ma­tion to the Web­site, which it wish­es to for­ev­er allow the Web­site to use in any man­ner as it sees fit. “Sub­mis­sions” is also a pro­vi­sion of the Pri­va­cy Pol­i­cy.

NOTICE

No addi­tion­al notice of any kind for any rea­son is due Vis­i­tor and Vis­i­tor express­ly war­rants an under­stand­ing that the right to notice is waived as a con­di­tion for per­mis­sion to view or inter­act with the web­site.

DISPUTES

As part of the con­sid­er­a­tion that the Web­site requires for view­ing, using or inter­act­ing with this web­site, Vis­i­tor agrees to use bind­ing arbi­tra­tion for any claim, dis­pute, or con­tro­ver­sy (“CLAIM”) of any kind (whether in con­tract, tort or oth­er­wise) aris­ing out of or relat­ing to this pur­chase, this prod­uct, includ­ing solic­i­ta­tion issues, pri­va­cy issues, and terms of use issues.

Arbi­tra­tion shall be con­duct­ed pur­suant to the rules of the Amer­i­can Arbi­tra­tion Asso­ci­a­tion which are in effect on the date a dis­pute is sub­mit­ted to the Amer­i­can Arbi­tra­tion Asso­ci­a­tion. Infor­ma­tion about the Amer­i­can Arbi­tra­tion Asso­ci­a­tion, its rules, and its forms are avail­able from the Amer­i­can Arbi­tra­tion Asso­ci­a­tion, 335 Madi­son Avenue, Floor 10, New York, New York, 10017–4605. Hear­ing will take place in the city or coun­ty of the Sell­er.

In no case shall the view­er, vis­i­tor, mem­ber, sub­scriber or cus­tomer have the right to go to court or have a jury tri­al. View­er, vis­i­tor, mem­ber, sub­scriber or cus­tomer will not have the right to engage in pre-tri­al dis­cov­ery except as pro­vid­ed in the rules; you will not have the right to par­tic­i­pate as a rep­re­sen­ta­tive or mem­ber of any class of claimants per­tain­ing to any claim sub­ject to arbi­tra­tion; the arbi­tra­tor’s deci­sion will be final and bind­ing with lim­it­ed rights of appeal.

The pre­vail­ing par­ty shall be reim­bursed by the oth­er par­ty for any and all costs asso­ci­at­ed with the dis­pute arbi­tra­tion, includ­ing attor­ney fees, col­lec­tion fees, inves­ti­ga­tion fees, trav­el expens­es.

JURISDICTION AND VENUE

If any mat­ter con­cern­ing this pur­chase shall be brought before a court of law, pre- or post-arbi­tra­tion, View­er, vis­i­tor, mem­ber, sub­scriber or cus­tomer agrees to that the sole and prop­er juris­dic­tion to be the state and city declared in the con­tact infor­ma­tion of the web own­er unless oth­er­wise here spec­i­fied. In the event that lit­i­ga­tion is in a fed­er­al court, the prop­er court shall be the clos­est fed­er­al court to the Sell­er’s address.

APPLICABLE LAW

View­er, vis­i­tor, mem­ber, sub­scriber or cus­tomer agrees that the applic­a­ble law to be applied shall, in all cas­es, be that of the state of the Sell­er.

CONTACT INFORMATION

The Sell­er of this prod­uct is:
Mail­ing address:
Tell­Grade Inc
Scar­bor­ough,
Ontario
Cana­da

Con­tact Email: contact@tellgrade.com, All Rights Reserved.

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