Website Terms and Conditions of Use

Any use of the Tell-A-Pal website is subject to the following Terms and Conditions of Use (?Terms and Conditions?), as well as to Tell-A-Pal, Inc.?s (?Tell-A-Pal?) Privacy Policy [link] [and other proprietary rights and related policies [link(s)]], all of which are incorporated by reference into these Terms and Conditions. YOUR USE OF Tell-A-Pal?s WEBSITE OR ANY SERVICES PROVIDED BY MEANS OF Tell-A-Pal?s WEBSITE (?SERVICES?) WILL CONSTITUTE YOUR ACQUIESCENCE TO AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. Copyright and Trademark Rights. Except as otherwise explicitly indicated, all rights, title and interest, including copyrights, in and to all content posted on Tell-A-Pal?s website remains with Tell-A-Pal and its licensors. Tell-A-Pal and all other trademarks, service marks, graphics and logos used in connection with this website or the Services are trademarks or registered trademarks of Tell-A-Pal. Other trademarks, service marks, graphics and logos used in connection with the Services or otherwise appearing on Tell-A-Pal?s website may be the trademarks of third parties. Your use of Tell-A-Pal?s website grants you no right or license to reproduce or otherwise use any Tell-A-Pal or third-party trademark. For additional information concerning permissible uses of Tell-A-Pal?s trademarks, see the Tell-A-Pal Trademarks Policy [link].
2. Without limiting any of your representations and warranties or any of Tell-A-Pal?s other rights under these Terms and Conditions, Tell-A-Pal has the right to terminate or deny access to and use of Tell-A-Pal?s website and/or the Services to any individual or entity for any reason, in Tell-A-Pal?s sole discretion. Where such termination is for cause, Tell-A-Pal shall have no obligation to provide a refund of any amounts previously paid to Tell-A-Pal.
3. Content Posted on Other Websites. Tell-A-Pal has not reviewed, and cannot review, all of the material, including the services, made available through the websites and web pages to which Tell-A-Pal's website links, and that link to Tell-A-Pal's website, including but not limited to any website operated by the businesses that use Tell-A-Pal?s Services. Tell-A-Pal does not have any control over those non-Tell-A-Pal websites and web pages, and is not responsible for their contents or their use. By linking to a non-Tell-A-Pal website or webpage, Tell-A-Pal does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Tell-A-Pal disclaims any responsibility for any harm resulting from your use of non-Tell-A-Pal websites, web pages or third party services through the Tell-A-Pal website.
4. Changes. Tell-A-Pal?s website, including without limitation all content and Services there available and these Terms and Conditions, may be changed at the sole discretion of Tell-A-Pal and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
5. Services Warranty. Except as elsewhere expressly stated, including without limitation in any warranty provided by any third party contractor of Tell-A-Pal providing Services through or by means of Tell-A-Pal?s website, Tell-A-Pal warrants that all Services will be performed in a professional manner and consistent with generally accepted industry standards. Your sole remedy for any violation of the warranty stated in this Section 5 will be for Tell-A-Pal or its contractor to exercise reasonable efforts to re-perform the Services.
6. LIMITATION OF WARRANTIES OF TELL-A-PAL, ITS CONTRACTORS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL CONTENT POSTED TO OR AVAILABLE FROM TELL-A-PAL?s WEBSITE AND THE SERVICES ARE PROVIDED "AS IS," AND TELL-A-PAL, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, TELL-A-PAL, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT POSTED TO OR AVAILABLE FROM TELL-A-PAL?s WEBSITE OR THE SERVICES ARE FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT OR THE SERVICES WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, TELL-A-PAL?s WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT TELL-A-PAL, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT OR SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TELL-A-PAL?s CONTRACTORS AND LICENSORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS LIMITATION OF WARRANTIES.
7. LIMITATION OF LIABILITY OF TELL-A-PAL, ITS CONTRACTORS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL TELL-A-PAL, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF TELL-A-PAL?s WEBSITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF TELL-A-PAL, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST TELL-A-PAL, ITS CONTRACTORS AND ITS LICENSORS ARISING OUT OF OR RELATED TO THE USE OF TELL-A-PAL?s WEBSITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, OR THE SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO TELL-A-PAL. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION 7 REPRESENTS A REASONABLE ALLOCATION OF RISK. TELL-A-PAL?s CONTRACTORS AND LICENSORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS LIMITATION OF LIABILITY.
8. General Representation and Warranty. You represent and warrant that your use of Tell-A-Pal?s website and the Services will be in accordance with Tell-A-Pal?s Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, and with any other applicable policy or terms and conditions, including without limitation those policies and terms and conditions located at [insert list of other links here, if applicable.] By using the Tell-A-Pal website, you warrant that the information you post and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of illegal services or items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any applicable law, statute, professional code of conduct, ordinance or regulation (including, but not limited to restrictions on sharing of fees, restrictions on giving referral fees, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or ones that you do not have a right to link to or include.
9. Indemnification. You agree to defend, indemnify and hold harmless Tell-A-Pal, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Tell-A-Pal's website or the Services, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions. In addition, you agree to defend, indemnify and hold Tell-A-Pal, its contractors and its licensors, and their directors, officers, employees and agents from and against any and all claims and expenses, including attorneys? fees, arising out of your acceptance of referral fees in contravention of any regulations in your profession prohibiting the acceptance of such fees.
10. Miscellaneous. These Terms and Conditions constitute the entire agreement between Tell-A-Pal and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tell-A-Pal, or by the posting by Tell-A-Pal of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of Tell-A-Pal?s website, and the Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Tell-A-Pal will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, riots, insurrection, fires, flood, storm, explosions, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause which is beyond the reasonable control of Tell-A-Pal. You may not assign your rights under these Terms and Conditions under any circumstance without the express, written permission of Tell-A-Pal, and any assignment in violation of this Section 10 will be null and void. Tell-A-Pal may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.