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Your use of our Internet sites or
services offered on affiliate sites (collectively, the "Services")
is subject to these Terms. We may modify these Terms at any
time without notice to you by posting revised Terms on our
site. Your use of our site constitutes your binding acceptance
of these Terms, including any modifications that we make.
Some of the Services
may be subject to additional posted conditions. Your use of
those Services is subject to those conditions, which are incorporated
into these Terms by reference. In the event of an inconsistency
between these Terms and any additional posted conditions,
the provisions of the additional conditions shall control.
We have the right,
but not the obligation, to take any of the following actions
in our sole discretion at any time and for any reason without
giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any
part of our Services;
2. Change, suspend, or discontinue all or any part of our
Services;
3. Refuse, move, or remove any material that you submit to
our site for any reason;
4. Refuse, move, or remove any content that is available on
our site;
5. Deactivate or delete your accounts and all related information
and files in your account;
6. Establish general practices and limits concerning use of
our site.
You agree that we
will not be liable to you or any third party for taking any
of these actions.
You understand
and agree that our Services may include communications such
as service announcements and administrative messages from
us or from our partners and that these communications are
considered part of the Services. You will not be able to opt
out of receiving these messages. You also understand that
our Services may include advertisements.
Content
on our site
Our site includes
a combination of content that we create, that our partners
create, and that our users may from time to time create. All
materials published on our site, including, but not limited
to, written content, photographs, graphics, images, illustrations,
marks, logos, sound or video clips, and Flash animation, are
protected by our copyrights or trademarks or those of our
partners, affiliates or independent third party owners. You
may not modify, publish, transmit, participate in the transfer
or sale of, reproduce, create derivative works of, distribute,
publicly perform, publicly display, or in any way exploit
any of the materials or content on our site in whole or in
part. If you would like to request permission to use any of
the content on our site please contact us in writing to request
permission. Our site contains content that we create as well
as content provided by third parties. This content may include,
but not be limited to, among other things, product reviews,
white papers, and stock quotes. It also includes information
about products and services offered by parties other than
Total Front Office, such as product descriptions, specifications,
pricing, availability, and performance. We do not guarantee
the accuracy, the integrity, or the quality of the content
on our site, and you may not rely on any of this content.
You may be exposed
to content that you find offensive, indecent, or objectionable
or that is inaccurate, and you bear all risks associated with
using that content. We have the right, but not the obligation,
to remove any content that may, in our sole discretion, violate
these Terms or that is otherwise objectionable.
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Third-party
site, products, and Services
Our site may contain links to other Internet
site owned by third parties. Your use of each of those sites
is subject to the conditions, if any, that each of those sites
has posted. We have no control over site that are not ours,
and we are not responsible for any changes to or content on
them. Our inclusion on our site of any third-party content
or a link to a third-party site is not an endorsement of that
content or third-party site.
With respect to featured “free” products or tools,
we do not sell, resell, or license any of those products or
the services that we review, list, or advertise on our site,
and we disclaim any responsibility for or liability related
to them. Except with respect to our “pay” Voice
Mail, PBX, Web Hosting and E-Mail products, your correspondence
or related activities with third parties, including payment
transactions and goods/services-delivery transactions, are
solely between you and that third party. You agree that we
will not be responsible or liable for any loss or damage of
any sort incurred as the result of any of your transactions
with third parties. Any questions, complaints, or claims related
to any product or service should be directed to the appropriate
vendor.
Total Front Office's fee-based
services
Some of the Services require you to pay
a fee, as described in the specific conditions included where
those Services are offered. You agree to pay all fees and
charges that you incur. Unless otherwise noted, all currency
references are in U.S. dollars. We may, upon notice if required
by applicable laws, at any time change the amount of, or basis
for determining, any fee or charge, or institute new fees
or charges. All fees and charges are payable in accordance
with payment terms in effect at the time the fee or the charge
becomes payable.
Privacy policy
All of the information that we collect
from you, such as registration and credit card information,
is subject to our privacy policy. Please click
here to see our full privacy policy.
Your conduct on our site
If we request registration information
from you, you will provide us with true, accurate, current,
and complete information. You will promptly update your registration
to keep it accurate, current, and complete. If we issue you
a temporary User ID, you may not reveal it to anyone else.
You may not use anyone else's password. You are responsible
for maintaining the confidentiality of your accounts. You
agree to immediately notify us of any unauthorized use of
your passwords or accounts or any other breach of security.
You also agree to exit from your accounts at the end of each
session. We will not be responsible for any loss or damage
that may result if you fail to comply with these requirements.
The technology and the software underlying
our site and the Services is the property of Total Front Office,
our affiliates, our partners and independent third party IP
owners. You agree not to copy, modify, rent, lease, loan,
sell, assign, distribute, reverse engineer, grant a security
interest in, or otherwise transfer any right to the technology
or software underlying our site or the Services. You agree
not to modify the software underlying our site in any manner
or form or to use modified versions of such software, including
(without limitation) for the purpose of obtaining unauthorized
access to our site.
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Without limiting the foregoing, you agree
that you will not use our site to take any of the following
actions:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate
the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate
(collectively, "Transmit") any inappropriate, profane,
defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or
any other similar software or programs that may damage or
adversely affect the operation of another person's computer,
our site, any software or hardware, or telecommunications
equipment;
4. Advertise or offer to sell any goods or services for any
commercial purpose unless you have our written consent to
do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited
advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know
cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying
any public area within our site;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our site, servers, or networks;
11. Impersonate any person or entity, including, but not limited
to, a Total Front Office representative, or falsely state
or otherwise misrepresent your affiliation with a person or
entity;
12. Forge headers or manipulate identifiers or other data
in order to disguise the origin of any content transmitted
through our site or to manipulate your presence on our site;
13. Take any action that imposes an unreasonably or disproportionately
large load on our infrastructure;
14. Engage in any illegal activities.
If you choose a password that, in our sole
discretion, is obscene, indecent, abusive or that might otherwise
subject us to public disparagement or scorn, we reserve the
right, without prior notice to you, to automatically change
your password, delete your posts from our site, deny you access
to our site, or any combination of these options.
Unauthorized access to our site is a breach
of these Terms and a violation of the law. You agree not to
access our site by any means other than through the interface
that is provided by Total Front Office for use in accessing
our site. You agree not to use any automated means, including,
without limitation, agents, robots, scripts, or spiders, to
access, monitor, or copy any part of our site, except those
automated means that we have approved in advance and in writing.
Use of our site is subject to existing
laws and legal process. Nothing contained in these Terms shall
limit our right to comply with governmental, court, and law-enforcement
requests or requirements relating to your use of our site.
Requests to remove certain content
from our site
If you believe that content you own has
been copied and made accessible in a manner that violates
your intellectual property rights, please contact us, in writing,
immediately.
Indemnification
You hereby agree to indemnify, defend
and hold Total Front Office, Inc. and all of our officers,
directors, owners, employees, agents, information providers,
affiliates, partners, and licensors (collectively, the "Total
Front Office Parties") harmless from and against any
and all liability, losses, costs, and expenses (including
attorneys' fees) incurred by any Total Front Office Party
in connection with any claim, including, but not limited to,
claims for defamation, violation of rights of publicity and/or
privacy, copyright infringement, or trademark infringement
arising out of:
1. Your use of our site;
2. Any use or alleged use of your accounts or your passwords
by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content
that you may submit to our site;
4. Your connection to our site;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree
to cooperate with our defense of these claims.
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Disclaimers
We disclaim any responsibility for the
deletion, the failure to store, the misdelivery, or the untimely
delivery of any information or material. We disclaim any responsibility
for any harm resulting from downloading or accessing any information
or material on the Internet using search results from our
site. We disclaim any responsibility for, and if you subscribe
to one of our fee-based services you will not be entitled
to a refund as a result of, any service outages that are caused
by our maintenance on the servers or the technology that underlies
our site, failures of our service providers (including telecommunications,
hosting, and power providers), computer viruses, natural disasters
or other destruction or damage of our facilities, acts of
nature, war, civil disturbance, or any other cause beyond
our reasonable control.
WE DO NOT WARRANT THAT OUR SITE WILL BE
UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY
WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND THEIR
CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF
OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET
YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED.
NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE,
ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES.
YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS
TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY
OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS AND / OR OUR
AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT
OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
Arbitration
Total Front Office may elect to resolve
any controversy or claim arising out of or relating to these
Terms or our site by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated
on an individual basis and shall not be consolidated in any
arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Atlanta, Georgia and
judgment on the arbitration award may be entered in any court
having jurisdiction thereof. Either you or we may seek any
interim or preliminary relief from a court of competent jurisdiction
in Atlanta, Georgia, necessary to protect the rights or the
property of you or Total Front Office, Inc. (or its agents,
suppliers, and subcontractors), pending the completion of
arbitration.
Miscellaneous
We may be required by state or federal
law to notify you of certain events. You hereby acknowledge
and consent that such notices will be effective upon our posting
them on our site or delivering them to you through e-mail.
You may update your e-mail address by visiting the Services
where you have provided contact information. If you do not
provide us with accurate information, we cannot be held liable
if we fail to notify you. You have the right to request that
we provide such notices to you in paper format, and may do
so by contacting the General Counsel, Total Front Office Inc.,
4060 Peachtree Road, Concourse D, Suite 220, Atlanta, Georgia
30319.
Our failure to exercise or enforce any
right or provision of these Terms shall not constitute a waiver
of such right or provision.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to
use of our site or these Terms must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
These Terms, including all terms, conditions,
and policies that are incorporated into these terms by reference,
constitute the entire agreement between you and Total Front
Office and govern your use of our site, superceding any prior
agreements that you may have with us.
These Terms shall be construed in accordance with the laws
of the State of Georgia, and the parties irrevocably consent
to bring any action to enforce these Terms before an arbitration
panel or before a court of competent jurisdiction in Atlanta,
Georgia if seeking interim or preliminary relief or enforcement
of an arbitration award.
If any part of these Terms is determined
to be invalid or unenforceable pursuant to applicable law,
then the invalid or unenforceable provision will be deemed
superceded by a valid, enforceable provision that most closely
matches the intent of the original provision, and the remainder
of the Terms shall continue in effect.
Free Business
Tools that are featured on this site are intellectual properties
that belong to their respective owners. In that regard, Total
Front Office, Inc. makes no claims of ownership, representation
or warranty in connection with such featured affiliate or
otherwise independent third-party intellectual properties.
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