NOTICES FROM TELESTRIAN, LLC
If Telestrian, LLC needs to contact you about the Telestrian System or your account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.
IMPORTANT: BY USING THE TELESTRIAN SYSTEM, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:
Single Use License
PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE TELESTRIAN SYSTEM. BY USING THE TELESTRIAN SYSTEM, YOU (EITHER ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY) ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE TELESTRIAN SYSTEM.
1. Permitted License Uses.
You may not: (a) sell, redistribute, lease, rent, transfer, sublicense, or otherwise make available or permit access to the Telestrian System or any portion thereof, to any third party or any non-licensed employee; (b) you may not use, distribute or make the Telestrian System available in any manner that could damage, disable, overburden, or impair the Telestrian System (e.g., you may not use the Telestrian System as a service bureau, in an automated manner or over a network where it could be used by multiple users or devices at the same time), nor may you use the Telestrian System in any manner that could interfere with any other party's use and enjoyment of the Telestrian System; and (c) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the system functionality from the Telestrian System. This License Agreement does not grant you any rights to provide access to third parties and to any non-licensed employee. You agree not to take any action that would compromise the security of the Telestrian System or render the Telestrian System inaccessible to others.
This License Agreement is effective until terminated. Your rights under this License Agreement will terminate automatically or otherwise cease to be effective without notice from Telestrian, LLC if you fail to comply with any terms of this License Agreement. You agree that Telestrian, LLC may terminate this License Agreement without cause and you may be entitle to a prorated refund of fees. Upon the termination of this License, you shall immediately cease all use of the Telestrian System. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this License Agreement shall survive any such termination.
4. Proprietary Rights.
The Telestrian System is the property of Telestrian LLC and is protected by U.S. and international copyright law and other intellectual property laws. You acknowledges that the Telestrian System are proprietary to Telestrian LLC and/or its licensors and comprise: (a) works of original authorship, including compiled content containing Telestrian’s and/or its licensors’ selection, arrangement, coordination, and expression of such content or pre-existing material it has created, gathered or assembled and (b) information that has been created, developed, and maintained by Telestrian LLC or its licensors’ at great expense of time and money such that misappropriation or unauthorized use by other for commercial gain would unfairly and irreparably harm Telestrian LLC and/or its licensors. You shall not commit or permit any act or omission that would impair Telestrian LLC’s and/or its licensors’ proprietary and intellectual property rights in the Telestrian System. You shall not directly or indirectly copy the Telestrian System in whole or in part without the express written consent of Telestrian LLC. You shall not decompile, disassemble, electronically transfer, de-encrypt, or reverse engineer the Telestrian System, or translate the Telestrian System into another computer language. All of your rights to use the Telestrian System are expressly stated herein and are subject to the further restrictions set forth below; there are not implied rights, and Telestrian LLC reserves all rights unless expressly granted to you.
5. Warranties Disclaimer
THE TELESTRIAN SYSTEM IS PROVIDED "AS IS," AND TELESTRIAN, LLC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TELESTRIAN SYSTEM, INCLUDING, WITHOUT LIMITATION, THOSE OF ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, COMPLETENESS OR ADEQUACY OF THE TELESTRIAN SYSTEM OR ANY PORTION THEREOF; (II) THAT THE TELESTRIAN SYSTEM WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE TELESTRIAN SYSTEM SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE TELESTRIAN SYSTEM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE TELESTRIAN SYSTEM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
6. Limitation of Liability
YOU AGREE THAT TELESTRIAN, LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, ARISING OUT OF YOUR USE OF THE TELESTRIAN SYSTEM, WHETHER OR NOT TELESTRIAN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT TELESTRIAN, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A RESULT OF RELIANCE UPON THE TELESTRIAN SYSTEM OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE TELESTRIAN SYSTEM OR INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TELESTRIAN, LLC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING TELESTRIAN, LLC’S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT TELESTRIAN, LLC’S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TELESTRIAN SYSTEM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You understand and agree that you are responsible for your use of the Telestrian System. You agree to indemnify, defend and hold harmless Telestrian, LLC, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Telestrian System or any violation by you of this License Agreement.
8. Accuracy of Information
The Telestrian System is based on Telestrian LLC’s reasonable efforts to compile and analyze the best sources reasonably available to Telestrian LLC at any given time and, that any opinions reflect Telestrian’s judgment at the time and are subject to change. You assume sole responsibility for the selection of the content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Telestrian System is to discontinue using the Telestrian System.
9. Notice and Procedure for Making Claims of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) 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 (f) 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. Telestrian LLC’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, email: DMCA@telestrian.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
10. Export Control. You may not use or otherwise export or re-export the Telestrian System. In particular, but without limitation, the Telestrian System may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Telestrian System, you represent and warrant that you are not located in any such country or on any such list.
11. Governing Law.
You agree that: (i) the terms of this License Agreement will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to the conflict of laws provisions of Illinois or your actual state or country of residence; and (ii) the Telestrian, LLC website shall be deemed a passive website that does not give rise to personal jurisdiction over Telestrian, LLC, either specific or general, in jurisdictions other than Illinois. You specifically and irrevocably consent for any claims or disputes arising out of your use of the Telestrian System to the jurisdiction of, and venue in, the federal or state courts sitting in Cook County, Illinois.
12. General Terms.
This License Agreement constitutes the entire agreement between you and Telestrian, LLC relating to the Telestrian System and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Telestrian, LLC.