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TLC Term of Service

Term of Service

Language Connection (TLC) Referral Website Terms of Service
 
Welcome to TLC!
 
1. Your relationship with TLC
 
    1.1 Your use of TLC’s products, software, services and web sites (all of which are the “Services” in this document and excluding any services provided to you by TLC under a separate written agreement) is subject to the terms of a legal agreement between you and TLC. “TLC” means The Language Connection, LLC, whose principal place of business is at PO Box 49 Maple Valley, WA 98038, USA. This document explains our agreement, and part if its terms.
 
    1.2 The terms and conditions (the “Comprehensive Terms”) set forth in this agreement will always be included as part of our agreement, unless otherwise agreed in writing with TLC. 
 
    1.3 Our mutual agreement will also include the terms of any Legal Notices applicable to the Services, in addition to the Comprehensive Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these may be agreed upon in writing or verbally.
 
    1.4 The Comprehensive Terms, together with the Additional Terms, form a legally binding agreement between you and TLC in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
 
    1.5 If there is any contradiction between what the Additional Terms say and what the Comprehensive Terms say, then the Additional Terms shall take precedence in relation to that Service.
 
2. Accepting the Terms
 
    2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
 
    2.2 You can accept the Terms by:
 
        (A) mouse click to accept or agree to those Terms, where this option is made available by TLC in the system’s user interface for any Service; or
 
        (B) by actually using the Services. In this case, you understand and agree that TLC will treat your use of the Services as acceptance of the Terms from that point forward, including acceptance of federal HIPAA rules.
 
    2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with TLC, or (b) you have been barred from receiving the Services under US laws or those of other countries including your country of residence or the country from which you use the Services.
 
    2.4 Before you continue, you should print off or save a personal copy of TLC’s Comprehensive Terms for your safekeeping.
 
 3. TLC’s Provision of Services
 
    3.1 TLC has relationships with contractors and clients around the world. Both contractors and clients may have needs independent of each other and TLC, which may affect the availability of their continued accessing of TLC’s system. TLC is not liable for assuring any individual, company, or entity continued, uninterrupted access to said system or resulting business relationships.
 
    3.2 TLC is continually innovating in order to provide its users with the best possible experience. You acknowledge and agree that the form and nature of the Services which TLC provides may change from time to time without prior notice to you.
 
    3.3 As part of this constant innovation, you acknowledge and agree that TLC may stop (permanently or temporarily) providing the online Services (or any features within the Services) to you or to users generally at TLC’s sole discretion, without prior notice. You may stop using the Services at any time. TLC appreciates your notification if you plan to discontinue using the Services, but you are not required by anyone to specifically inform TLC or anyone else when you stop using the Services.
 
    3.4 You understand that TLC may disable access to your account, which could prevented you from accessing the Services, your account details or any files or other content which is contained therein. In this event, TLC will continue to provide information necessary for accessing necessary reports for past Services for up to seven years following the termination of this agreement.
 
    3.5 While TLC may not currently have fixed an upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space available for the provision of any Services, you acknowledge and agree that such fixed upper limits may be set by TLC at any time, at TLC’s discretion.
 
4. Your use of the Services
 
    4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to TLC will always be accurate, correct and up to date.
 
    4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including HIPAA regulations and any laws regarding the export of data or software to and from the United States or other relevant countries).
 
    4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by TLC, unless you have been specifically allowed to do so in a separate agreement with TLC. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
 
    4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
 
    4.5 Unless you have been specifically permitted to do so in a separate agreement with TLC, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
 
    4.6 You agree that you are solely responsible for (and that TLC has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TLC may suffer) of any such breach.
 
5. TLC Contract

   5.1 You agree and understand that to the extent that TLC’s written contract may differ in it’s description of the responsibilities of TLC and Contractors, TLC’s contract prevails.
 
6. Account security and passwords
 
    6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
 
    6.2 Accordingly, you agree that you will be solely responsible to TLC for all activities that occur under your account.
 
    6.3 All use of this system is subject to federal HIPAA privacy regulations. Consequently, your password may not be shared with a third party. If you become aware of any unauthorized use of your password or of your account, you agree to notify TLC immediately at TLCadmin@lcradmin.com.
 
7. Privacy and your personal information
    
    7.1 You agree to the use of your data according to TLC’s privacy policies.
 
8. Content in the Services
 
    8.1 You understand that all information which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
 
    8.2 You should be aware that Content presented to you as part of the Services, including but not limited to all sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or individuals who provide that Content to TLC (or by other persons or companies on their behalf). You may not in any way modify, rent, lease, loan, sell, distribute or derive any creation based on this Content (either partially or entirely) unless you have been specifically told that you may do so by the owners of that Content, in a separate agreement, or by TLC on their behalf.
 
    8.3 TLC reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that one may find objectionable.
 
    8.4 You understand that by using the Services you may be exposed to Content that you may find offensive or objectionable and that you use the Services at your own risk.
 
    8.5 You agree that you are solely responsible for (and that TLC has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which TLC may suffer) by doing so.
 
9. Proprietary rights
 
    9.1 You acknowledge and agree that TLC (or TLC’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which exist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is confidential and that you shall not disclose such information without TLC’s prior written consent.
 
    9.2 Unless you have agreed otherwise in writing with TLC, nothing in the Terms gives you a right to use any of TLC’s trade names, trade marks, service marks, logos, domain names, and other distinctive or proprietary features.
 
    9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with TLC, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of those Terms.
 
    9.4 Unless you have been specifically authorized to do so in writing by TLC, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
 
10. License from TLC
 
    10.1 TLC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by TLC as part of the Services as provided to you by TLC (referred to as the “Software” below). This license is for the sole purpose of giving you the benefit of the Services as provided by TLC, in the manner permitted by the Terms.
 
    10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is specifically permitted or required by law, or unless you have been specifically told that you may do so by TLC, in writing.
 
    10.3 Unless TLC has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
 
11. Content license from you
 
    11.1 By submitting, posting or displaying the content you give TLC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling TLC to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
 
    11.2 You agree that this license includes a right for TLC to make such Content available to other companies, organizations or individuals with whom TLC has relationships for the provision of referral services, and to use such Content in connection with the provision of those services.
 
    11.3 You understand that TLC, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit TLC to take these actions.
 
    11.4 You confirm and warrant to TLC that you have all the rights, power and authority necessary to grant the above license.
 
12. Software updates
 
    12.1 The Software which you use may automatically download and install updates from time to time from TLC. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit TLC to deliver these to you) as part of your use of the Services.
 
13. Ending your relationship with TLC
 
    13.1 The Terms will continue to apply until terminated by either you or TLC as set out below.
 
    13.2 If you want to terminate your legal agreement with TLC, you may do so by (a) notifying TLC at any time and (b) closing your accounts for all of the Services which you use, where TLC has made this option available to you. Your notice should be sent, in writing, to TLC’s address which is set out at the beginning of these Terms.
 
    13.3 TLC may at any time, terminate its legal agreement with you if:
 
        (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
 
        (B) TLC is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
 
        (C) the partner with whom TLC offered the Services to you has terminated its relationship with TLC or ceased to offer the Services to you; or
 
        (D) TLC is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
 
        (E) the provision of the Services to you by TLC is, in TLC’s opinion, no longer commercially viable.
  
    13.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TLC have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
 
14. Exclusion of warranties
 
    14.1 nothing in these terms, including sections 14 and 15, shall exclude or limit TLC’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
 
    14.2 you specifically understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”
 
    14.3 in particular, TLC, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
 
        (a) your use of the services will meet your requirements,
 
        (b) your use of the services will be uninterrupted, timely, secure or free from error,
 
        (c) any information obtained by you as a result of your use of the services will be accurate or reliable, and
 
        (d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
 
    14.4 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 other device or loss of data that results from the download of any such material.
 
    14.5 no advice or information, whether oral or written, obtained by you from TLC or through or from the services shall create any warranty not specifically stated in the terms.
 
    14.6 TLC further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
 
15. Limitation of liability
 
    15.1 subject to overall provision in paragraph 14.1 above, you expressly understand and agree that TLC, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
 
        (a) any direct, indirect, incidental or exemplary damages which may be incurred by you, however caused and under any concept of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
 
        (b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
  
            (i) any changes which TLC may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
 
            (ii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
 
            (iii) your failure to provide TLC with accurate account information;
 
            (iv) your failure to keep your password or account details secure and confidential;
 
    15.2 the limitations on TLC’s liability to you in paragraph 15.1 above shall apply whether or not TLC has been advised of or should have been aware of the possibility of any such potential losses.
  
18. Other content
 
    18.1 The Services may include hyperlinks to other web sites or content or resources. TLC may have no control over any web sites or resources which are provided by companies or persons other than TLC.
 
    18.2 You acknowledge and agree that TLC is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
 
    18.3 You acknowledge and agree that TLC is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
 
19. Changes to the Terms
 
    19.1 TLC may make changes to the Comprehensive Terms or Additional Terms from time to time. When these changes are made, TLC will make a new copy of the Comprehensive Terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
 
    19.2 You understand and agree that if you use the Services after the date on which the Comprehensive Terms or Additional Terms have changed, TLC will treat your use as acceptance of the updated Comprehensive Terms or Additional Terms.
 
20. General legal terms
 
    20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another individual, company or entity. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
 
    20.2 The Terms constitute the whole legal agreement between you and TLC and govern your use of the Services (but excluding any services which TLC may provide to you under a separate written agreement), and completely replace any prior agreements between you and TLC in relation to the Services.
 
    20.3 You agree that TLC may provide you with notices, including those relating to changes to the Terms, by email, regular mail, or postings on the Services.
 
    20.4 You agree that if TLC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TLC has the benefit of under any applicable law), this will not be construed as a formal waiver of TLC’s rights and that those rights or remedies will still be available to TLC.
 
    20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  
    20.6 The Terms, and your relationship with TLC under the Terms, shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You and TLC agree to submit to the exclusive jurisdiction of the courts located within the county of King County, Washington to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
 
May 1, 2011
The Language Connection, LLC (425) 277 - 9045

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TLC Term of Service

The Language Connection, LLC
(425) 277 - 9045
