Terms of Use

Telmar Terms of Use


This website is owned and operated by Telmar Network Technology, Inc. ("Telmar") Copyright © Telmar Network Technology, Inc. 2013. All Rights Reserved.
 
By accessing or using this website, which is owned by Telmar Network Technology, Inc., including its domestic and international subsidiaries (collectively “Telmar”), the user (“you”) acknowledges that you have read, understand and agree to be bound by these Terms of Use. If you are accessing this website on behalf of or as an employee or agent of any corporation, partnership, limited liability company, or other entity (collectively an “Entity”), you acknowledge and agree that you are authorized to access this site and take any and all actions related to this website, including agreeing to these terms on your behalf and on behalf of that Entity.  As used herein, “you” and any of its forms used herein includes the individual accessing this website and any such Entity.

A.         Permitted Use and Ownership. The material provided on this website is protected by U.S. and worldwide copyright laws and treaties. Except as specifically stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without Telmar’s prior written permission. You also may not, without Telmar’s permission, "mirror" any material contained on Telmar’s website. Permission is granted for you to make a single copy of documents published by Telmar on Telmar’s website solely for informational and non-commercial use by you or within your organization provided that you keep intact all copyright and other proprietary notices. No other use of the information provided is authorized.

B.         Unauthorized Use. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the website, including but not limited to product information. Further, you may not use any such automated means to manipulate the website or attempt to exceed the limited authorization and access granted to you under these Terms of Use.

C.         Registration. You may use the website without registration, but in order to take advantage of some aspects of the website you may need to register. If so, your registration is for your sole, personal use. You may not authorize others to use your account, and you may not assign or transfer it to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. Telmar may terminate your access to this website at any time.

D.         Acceptable Use Policy.  This website may provide you with a forum to express your personal opinions in a chat room, weblog or other online forum. When doing so, you agree that:
 
1.         You have the right to post all information and materials posted by you;
 
2.         All opinions expressed are held based upon your research and consideration;
 
3.         You will not post any content that is libelous, defamatory or invades any privacy or publicity rights of any third party; or is abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable; or infringes any copyright, trademark, service mark, patent, trade secret or confidentiality obligation;
 
4.         You hereby grant Telmar a perpetual license to use, redact, republish, copy and distribute your postings on the website in any medium now known or hereinafter developed without payment of compensation to you; 
 
5.         You are solely liable for all information posted by you;
 
6.         Telmar is under no obligation to monitor such forums, but may remove content in its sole and absolute discretion if such content violates these Terms of Use or is otherwise objectionable to Telmar; and
 
7.         You will not rely upon any information obtained from a third party in such a forum.

E.         Purchases. Either directly or indirectly as a result of your use of this website you may purchase products or services from Telmar, sell products or services to Telmar, or in some other way contract with or enter into a relationship with Telmar. With regard to such purchases, sales, contracts, or relationships you acknowledge and agree that:
 
1.                   Any purchase, sale, contract or relationship made directly or indirectly through use of this website or its contents shall be governed by these Terms of Use, Telmar’s standard Terms and Conditions, the Telmar Warranty and Return Policy, and any contracts or agreements executed between you and Telmar.
 
2.                   Your use of Telmar’s website is at your own risk. Telmar assumes no responsibility for the accuracy of the information contained on the website. All information published on this website is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
 
3.                   Under no circumstances shall Telmar be liable to you or any person or entity for any direct, special, incidental, punitive, indirect or consequential damages, loss of profits or revenues or costs of replacement goods resulting from use of or reliance on the information presented in or through this website, even if Telmar is informed in advance of the possibility of such damages.

F.         Digital Millennium Copyright Act ("DMCA") Notice. Materials may be made available via the website by third parties not within Telmar’s control. Telmar is under no obligation to, and does not, scan content used in connection with the website for the inclusion of illegal or impermissible content. It is Telmar’s policy not to permit materials known by Telmar to infringe another party’s copyright to remain on the website. If you believe any materials on the website infringe a copyright, you should provide Telmar with written notice that at a minimum contains:
 
1.                   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
 
2.                   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;
 
3.                   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 Telmar to locate the material;
 
4.                   Information reasonably sufficient to permit Telmar to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
 
5.                   A statement that the complaining party has 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
 
6.                   A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
All DMCA notices should be sent to Telmar’s designated agent as follows:
 
General Counsel
Telmar Network Technology, Inc.
36 Discovery
Suite 170
Irvine, California 92618
 
It is Telmar’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

G.        
Miscellaneous. The following terms and conditions shall also apply:
 
            1.         Telmar may provide hyperlinks or pointers to other websites maintained by third parties. The links to any such third party websites are provided for your convenience and information only. The content in any linked website is not under Telmar’s control. If you decide to access any such website, you do so entirely at your own risk. The fact that Telmar provides a link to a third party website does not mean that we endorse, authorize or sponsor any such site or that Telmar is affiliated with such third party. Mention of non-Telmar products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
 
            2.         Information published on this website, including the Terms of Use, is subject to change without notice, and any such changes shall be effective upon posting. Telmar may also make improvements and/or changes in the products and/or the programs described in this website at any time without notice.
 
            3.         The privacy of your personally identifiable information is very important to Telmar. For more information on what information Telmar collects and how Telmar uses such information, please read Telmar’s Privacy Statement.
 
            4.         You should not send any confidential information or proprietary information to Telmar via the website. Any submission by you becomes the property of Telmar and you grant Telmar the authority and right to use that information subject to the Telmar Privacy Statement set forth below. By sending Telmar materials or information, you grant Telmar an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material or information and you further agree that Telmar is free to use any ideas, concepts, know-how or techniques that you provide for any purpose.
 
            5.         Telmar makes no representation that the information contained in this website or that access to this website is appropriate or available for use throughout the world. You are responsible for compliance with all applicable local laws in the geography from which you access this website, including but not limited to, all applicable export and import laws and regulations. Any claims relating to Telmar’s website shall be governed by the laws of the State of Texas, USA, exclusive of its conflict of law provisions.
 
            6.         You agree to defend, indemnify and hold harmless Telmar, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your content and information used in connection with the website, (iii) your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third party right by materials created by Telmar or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
 
            7.         All product and brand names, logos, or other marks used by Telmar on this website are trademarks or registered trademarks of Telmar or their respective holders.
 
            8.         If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
 
            9.         The failure by Telmar to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Telmar’s right to exercise any other right or remedy.
 
Contact Information. Should you have any questions you may contact us.