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TERMS
AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful, informative,
helpful, honest and fun. Hopefully weve accomplished that
and would ask that you let us know if youd like to see improvements
or changes that would make it even easier for you to find the information
you need and want.
All we ask is that
you agree to abide by the following Terms and Conditions. Take a few minutes
to look them over because by using our site you automatically agree to
them. Naturally, if you dont agree, please do not use the site.
We reserve the right to make any modifications that we deem necessary
at any time. Please continue to check these terms to see what those changes
may be! Your continued use of the www.Tell-Me-How.com Web site means that
you accept those changes.
THANKS AGAIN FOR
VISITING!
Restrictions on
Use of Our Online Materials
All Online Materials
on the www.Tell-Me-How.com site, including, without limitation, text,
software, names, logos, trademarks, service marks, trade names, images,
photos, illustrations, audio clips, video clips, and music are copyrighted
intellectual property. All usage rights are owned and controlled by www.Tell-Me-How.com.
You, the visitor, may download Online Materials for non-commercial, personal
use only provided you 1) retain all copyright, trademark and propriety
notices, 2) you make no modifications to the materials, 3) you do not
use the materials in a manner that suggests an association with any of
our products, services, events or brands, and 4) you do not download quantities
of materials to a database, server, or personal computer for reuse for
commercial purposes. You may not, however, copy, reproduce, republish,
upload, post, transmit or distribute Online Materials in any way or for
any other purpose unless you get our written permission first. Neither
may you add, delete, distort or misrepresent any content on the www.Tell-Me-How.com
site. Any attempts to modify any Online Material, or to defeat or circumvent
our security features is prohibited.
Everything you download,
any software, plus all files, all images incorporated in or generated
by the software, and all data accompanying it, is considered licensed
to you by www.Tell-Me-How.com or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of the software
to you. That means that we retain full and complete title to the software
and to all of the associated intellectual-property rights. Youre
not allowed to redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that people can
use.
Submitting Your
Online Material to Us
All remarks, suggestions,
ideas, graphics, comments, or other information that you send to www.Tell-Me-How.com
through our site (other than information we promise to protect under our
privacy policy becomes and remains our property, even if this agreement
is later terminated.
That means that we
dont have to treat any such submission as confidential. You cant
sue us for using ideas you submit. If we use them, or anything like them,
we dont have to pay you or anyone else for them. We will have the
exclusive ownership of all present and future rights to submissions of
any kind. We can use them for any purpose we deem appropriate to our www.Tell-Me-How.com
mission, without compensating you or anyone else for them.
You acknowledge that
you are responsible for any submission you make. This means that you (and
not we) have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
Limitation of
Liability
www.Tell-Me-How.com
WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT
FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT
ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY
TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR
SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN
LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS
OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WEVE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN
STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL"
OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES,
THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU
MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT,
OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF
ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF
A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT,
OR THEYRE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER
THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other
Site
We sometimes provide
referrals to and links to other World Wide Web sites from our site. Such
a link should not be seen as an endorsement, approval or agreement with
any information or resources offered at sites you can access through our
site. If in doubt, always check the Uniform Resource Locator (URL) address
provided in your WWW browser to see if you are still in a www.Tell-Me-How.com-operated
site or have moved to another site. www.Tell-Me-How.com is not responsible
for the content or practices of third party sites that may be linked to
our site. When www.Tell-Me-How.com provides links or references to other
Web sites, no inference or assumption should be made and no representation
should be inferred that www.Tell-Me-How.com is connected with, operates
or controls these Web sites. Any approved link must not represent in any
way, either explicitly or by implication, that you have received the endorsement,
sponsorship or support of any www.Tell-Me-How.com site or endorsement,
sponsorship or support of www.Tell-Me-How.com, including its respective
employees, agents or directors.
Termination of
This Agreement
This agreement is
effective until terminated by either party. You may terminate this agreement
at any time, by destroying all materials obtained from all www.Tell-Me-How.com
Web site, along with all related documentation and all copies and installations.
www.Tell-Me-How.com may terminate this agreement at any time and without
notice to you, if, in its sole judgment, you breach any term or condition
of this agreement. Upon termination, you must destroy all materials. In
addition, by providing material on our Web site, we do not in any way
promise that the materials will remain available to you. And www.Tell-Me-How.com
is entitled to terminate all or any part of any of its Web site without
notice to you.
Jurisdiction and
Other Points to Consider
If you use our site
from locations outside of Austrailia, you are responsible for compliance
with any applicable local laws.
These Terms of Use
shall be governed by, construed and enforced in accordance with the laws
of the the State of NSW, Australia as it is applied to agreements entered
into and to be performed entirely within such jurisdiction.
To the extent you
have in any manner violated or threatened to violate www.Tell-Me-How.com
and/or its affiliates' intellectual property rights, www.Tell-Me-How.com
and/or its affiliates may seek injunctive or other appropriate relief
in any state or federal court in the State of NSW, Australia, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes
will be resolved as follows:
If a dispute arises
under this agreement, we agree to first try to resolve it with the help
of a mutually agreed-upon mediator in the following location: Sydney,
Australia. Any costs and fees other than attorney fees associated with
the mediation will be shared equally by each of us.
If it proves impossible
to arrive at a mutually satisfactory solution through mediation, we agree
to submit the dispute to binding arbitration at the following location:
Sydney, Australia . Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do so.
www.Tell-Me-How.com
may modify these Terms of Use, and the agreement they create, at any time,
simply by updating this posting and without notice to you. This is the
ENTIRE agreement regarding all the matters that have been discussed.
The application of
the United Nations Convention on Contracts for the International Sale
of Goods, as amended, is expressly excluded.
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