TELEBRIGHT CORPORATION
TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICES CAREFULLY BEFORE USING
THIS WEB SITE. YOUR USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF
THESE TERMS OF SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF
SERVICE, YOU MAY NOT USE THE SERVICES PROVIDED BY TELEBRIGHT.
1. INTRODUCTION AND ACCEPTANCE OF TERMS
Welcome to TeleBright.com! TeleBright Corporation (“TeleBright.com”)
offers an e-commerce market and services (the “Services”) for non-technical
buyers and suppliers of telecommunications products and services via its World Wide
Web site located at TeleBright.com. TeleBright.com’s Services are offered
subject to the following terms and conditions ("Terms"), which may be
amended by TeleBright.com from time to time without notice to you. By using the
Services, you agree to the Terms. If you do not agree, you may not use the Services.
It is your responsibility to review these Terms from time to time so you will be appraised
of any change. In addition, use of particular Services may be subject to additional terms
and conditions which will be available in connection with such Services. Unless otherwise
agreed to in writing between you and TeleBright.com, the Terms, as amended, shall govern
your use of TeleBright.com’s World Wide Web site and all Services. Please note that
at any time, if it is determined by TeleBright.com that you have abused or violated the letter
or intent of any of these terms, conditions and guidelines, TeleBright.com reserves the
right to terminate your account immediately without notice.
2. REGISTRATION; PASSWORDS AND SECURITY
In order to use certain Services, TeleBright.com requires that you register. In registering, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form(s) and (b) maintain and promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete, or TeleBright.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TeleBright.com has the right to refuse any and all current or future use of the Services (or any portion thereof) by you. By completing the registration you also agree to be bound by any terms provided in the registration process, these Terms and any terms applicable to the Services for which you register. In certain cases you will receive or designate a user name and password. You are responsible for maintaining the confidentiality of the user name and password, and are responsible for all activities that occur under your user name and password, whether or not authorized by you. TeleBright.com will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. USER INFORMATION; TELEBRIGHT PRIVACY POLICY; FEEDBACK
TeleBright.com may use information concerning users for internal business
and marketing purposes and may disclose the information to third parties for
such purposes consistent with the terms of our Privacy Policy. Information
that you provide to TeleBright.com via the TeleBright.com Site is subject to
our Privacy Policy that is incorporated by this reference herein. For more
information, please see our full Privacy Policy.
If you provide us with any feedback, suggestions, criticisms or compliments
(“Feedback”), you agree that we may use such Feedback for any
purpose whatsoever, including without limitation, distribution, publication,
display and use in marketing materials and advertisements.
4. ORDERING
When you order services and products through the Services provided by TeleBright.com, you confirm your agreement to the Terms. The purchase/sale transaction is solely between you and the supplier of the service or product ordered, and TeleBright.com is not responsible therefor. The purchase transaction may be handled in any number of manners, including without limitation, by having you print out the form provided (or sending you a form) which you sign and return to TeleBright.com or the supplier of the service or product, or by having TeleBright.com fill in and deliver the form for you and having the order verified by a third party.
5. RULES FOR AND LIMITATIONS ON USE OF THE SERVICES
TeleBright.com may establish rules for and limitations on use of the Services. TeleBright.com reserves the right to change these rules and limitations at any time, in its sole discretion, with or without notice. TeleBright.com may modify or discontinue, temporarily or permanently, the Services (or any part thereof) and may remove content from the Services, with or without notice to you. TeleBright.com will not be liable to you or to any third party for any modification or discontinuance of the Services or removal of content from the Services. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. You agree to comply with all applicable treaties, laws, rules and regulations. Information provided by TeleBright.com is not warranted to be accurate or complete, and will not constitute a warranty or representation by TeleBright.com.
As a user of the Services, you agree to use the Services only for lawful purposes. Use of the Services for or in conjunction with the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services:
in any manner prohibited by law or regulation;
to impersonate TeleBright.com personnel or any other person;
to use another user’s, or to allow another person to use your, login or password or account information;
to post or send any bulk unsolicited email;
to violate the security or interfere with the operations of TeleBright.com, whether intentionally, negligently or otherwise;
to access any data, server or account which you are not authorized to access;
to test the vulnerability or breach the security or authentication measures of any system or network; or
to interfere with the Services provided to anyone else.
6. FRIEND REFERRAL SERVICE
Under the Friend Referral Service on our site, TeleBright.com offers you the opportunity to email your friends about TeleBright.com. For this purpose, we have provided a text message explaining the TeleBright.com Site and Services. You may not alter the message that is provided by TeleBright.com. You will be responsible for any unsolicited or modified email you send out.
7. TERMINATION
TeleBright.com, in its sole discretion, may terminate your use of the Services for any reason without prior notice. You acknowledge and agree that TeleBright.com may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to the Services. TeleBright.com will not be liable to you or any third party for any termination of your access to the Services.
8. DEALINGS WITH TELEBRIGHT’S AFFILIATES
Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other entity. You agree that TeleBright.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services.
9. LINKS
The Services may provide links to other World Wide Web sites or resources. TeleBright.com has no control over or responsibility for such sites and resources. You agree that TeleBright.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. TeleBright.com provides the links to you only as a convenience and inclusion of any link does not imply endorsement of the site.
10. TELEBRIGHT'S PROPRIETARY RIGHTS AND LIMITED LICENSES
You acknowledge and agree that the Services and any content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site and software used in connection with the Services ("Software") contain proprietary information that is protected by applicable intellectual property and other laws and, as between you and TeleBright.com, TeleBright.com shall own all right, title and interest in and to all proprietary information embodied in the Services and the Software subject only to the express licenses granted herein. Except as expressly authorized by TeleBright.com, you may not modify, rent, lease, loan, sell, distribute, transmit, publish or create derivative works based on the Services or Software, in whole or in part.
Subject to the Terms, TeleBright.com grants you a personal, non-transferable and non-exclusive, limited right and license to access and use the Software and the Services as provided to you by TeleBright.com on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, distribute, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
11. VIOLATION OF TERMS OF SERVICES
In the event of any actual or potential violation of the letter or intent of the terms or conditions of these Terms, TeleBright.com reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided by TeleBright.com, to block any prohibited activity, or to take any other actions as deemed appropriate by TeleBright.com in its sole discretion. Users who violate these Terms may additionally incur criminal and/or civil liability. TeleBright.com may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
12. INDEMNITY
You agree to indemnify, defend and hold harmless TeleBright.com, its affiliates, officers, directors, employees, consultants and agents from any and all claims, liability, damages and/or costs (including without limitation attorneys’ fees and legal costs) arising from your use of the Services or Software, or from your violation of the Terms. Payment by you under this provision will not prevent TeleBright.com from obtaining other legal or equitable remedies against you.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICES AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TELEBRIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TELEBRIGHT MAKES NO WARRANTY THAT (i) THE SERVICES OR THE SOFTWARE WILL MEET YOUR EXPECTATIONS, (ii) THE SERVICES OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR (iii) ANY ERRORS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14. LIMITATION OF LIABILITY
YOU AGREE THAT TELEBRIGHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TELEBRIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES AND/OR THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE SERVICES AND/OR THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT BY ANYONE OTHER THAN TELEBRIGHT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
15. TRADEMARK INFORMATION
TeleBright.com and the TeleBright.com logo and other TeleBright.com product and services names are trademarks, service marks or logos, as applicable, of TeleBright Corporation (the "TeleBright.com Marks"). Other trademarks, service marks and logos used in the Services or Software are the trademarks, service marks or logos of their respective owners. No right to use any trademark, service mark or logo of TeleBright.com or any other person is granted under these Terms.
16. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
17. NOTICES
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services.
18. GENERAL INFORMATION
The Terms constitute the entire agreement between you and TeleBright.com and govern your use of the Services, superceding any prior agreements between you and TeleBright.com. You also may be subject to additional terms and conditions that are applicable to certain Services. The Terms and the relationship between you and TeleBright.com shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and TeleBright.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Montgomery. The failure of TeleBright.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without TeleBright.com’s express written consent. The Terms inure to the benefit of TeleBright.com’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
