2. Customer Account
A Customer wishing to use Tele-Town Hall® products and services must first work together with a member of the Tele-Town Hall® staff to create a Customer Account in the Tele-Town Hall® Admin Site before using said services. Customer is responsible for maintaining the security of his/her account, and Customer is fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Customer must immediately notify Tele-Town Hall® of any unauthorized disclosure or use of his/her login information or Customer Account or any other breaches of security. Tele-Town Hall® will not be liable for any acts or omissions by the Customer, including any damages of any kind incurred as a result of such acts or omissions.
3. No Responsibility for Content
4. Accuracy & Security of Customer Information/Participant Information
Customer will provide Tele-Town Hall® with accurate and complete information when registering for or using Tele-Town Hall® Products and Services, and will update and maintain such information, stored in his/her Customer Account. Customer is responsible for the accuracy of any data, including but not limited to phone lists, it submits to Tele-Town Hall® to be used in conjunction with Tele-Town Hall®’s products and services. If Customer requests that Tele-Town Hall® obtain data on the Customer’s behalf, Tele-Town Hall® will use reasonable efforts to obtain accurate data; however, Tele-Town Hall® is not responsible for any errors in the accuracy of said data. Tele-Town Hall® follows generally accepted industry standards and measures to protect data belonging to the Customer in Tele-Town Hall’s possession from loss, unauthorized access, disclosure and destruction. However, Customer acknowledges and understands that no method of transmission or electronic storage is 100% secure or reliable. Therefore, while Tele-Town Hall® strives to use commercially acceptable means to protect the data, Tele-Town Hall® cannot guarantee its absolute security.
5. Consent to Record Voice Inputs/Video Inputs/Privacy
Customer agrees and consents that Tele-Town Hall® may record the oral or voice communications, utterances, conversations or commands (“Voice Inputs”) made by Customer or its representatives during the use of or contact with Tele-Town Hall® services. In addition, Customer agrees and consents that Tele- Town Hall® may record any published video footage and/or pre-recorded video or slideshow presentations played for web participants (“Video Inputs”) as part of the Tele-Town Hall® Video Webcast feature. By using Tele-Town Hall® services, Customer expressly consents and grants to Tele-Town Hall® the right to record and use Customer Voice Inputs and Video Inputs.
6. Use of Tele-Town Hall® Products & Services in Accordance with Applicable Laws
Customer accepts full responsibility for and agrees to use Tele-Town Hall® Products and Services in accordance with any and all laws – local, state, and federal – that may be applicable to its use of Tele- Town Hall® Products and Services. Such laws include, but are not limited to, automated call restrictions, privacy laws, and legal calling hours. Customer accepts full responsibility for any violations of laws when using Tele-Town Hall® Products and Services, and further agrees to hold Tele-Town Hall® harmless for any damages that might result from Customer’s violations.
For Tele-Town Hall Texting Products (Including Peer-to-Peer Texting & Broadcast Texting):
Customer may not use Tele-Town Hall® Texting Products in any manner that is illegal, non-compliant with accepted industry best practice guidelines, or violates any person’s rights
Prohibited uses of Tele-Town Hall® Texting include: engaging in any messaging in violation of any relevant laws or regulations (including but not limited to the Telephone Consumer Protection Act and the Do Not Call provisions of the Telemarketing Sales Rule); engaging in any messaging that is offensive, obscene, libelous, defamatory, fraudulent, abusive, or contains tortious material; engaging in messaging that is unsuitable for minors; engaging in messaging that promotes, incites or instructs on criminal matters; engaging in messaging that is false, misleading or deceptive, or likely to mislead or deceive; engaging in messaging that infringes on intellectual property rights or other third party rights; engaging in messaging that is otherwise unlawful.
Customer agrees to honor immediately any requests for opt-out or stop further messaging and desist from sending any further message following receipt of any such opt-out or stop request.
Broadcast Texting (also known as Auto or Blast Texting): Customer agrees to send Broadcast Texting only to mobile phone numbers for which the Customer has received express, written permission from subscribers to text their mobile numbers. If Customer sends any Broadcast Texts without express consent it accepts full legal responsibility for doing so and indemnifies Tele-Town Hall®.
Commercial Texting: Customer agrees that it will scrub any list of mobile numbers it uses for commercial texting (defined as texting for the purpose of soliciting for sale of goods or services) against both the Federal Do Not Call List and any applicable State Do Not Call Lists before sending any commercial texts. If Customer sends any Commerical Texts to anyone on a Federal or State Do Not Call List, it accepts full legal responsibility for doing so and indemnifies Tele-Town Hall®.
Tele-Town Hall, LLC in its sole discretion shall determine whether there has been a violation of this Policy. Tele-Town Hall® may amend this Policy from time to time. If you do not agree to this Policy, do not use Tele-Town Hall® services.
Violation of this Policy may result in termination or suspension of all services provided by Tele-Town Hall® and may also result in civil, criminal or administrative liability or penalties against the client and those assisting the client.
7. Warranty / Limitations of Liability
(a) ALL USE OF TELE-TOWN HALL® SERVICES IS AT CUSTOMER’S OWN AND SOLE RISK. TELE-TOWN HALL® SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TELE- TOWN HALL® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- (b) TELE-TOWN HALL® DOES NOT WARRANT THAT (i) THE QUALITY OF TELE-TOWN HALL® SERVICES OR ANY OTHER MATERIALS PURCHASED OR OBTAINED BY CUSTOMER WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (ii) TELE-TOWN HALL® SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. CUSTOMER IS ESPECIALLY ADVISED NOT TO USE OR RELY ON TELE-TOWN HALL® SERVICES OR ANY OTHER PROGRAM, INFORMATION OR SERVICE RELATED THERETO FOR “CONTENT SENSITIVE” OR “MISSION CRITICAL” APPLICATIONS AND USE. “CONTENT SENSITIVE” MEANS ANY INFORMATION OR DATA CUSTOMER DOES NOT WISH TO BE ACCESSIBLE TO OTHER CUSTOMERS. “MISSION CRITICAL” APPLICATIONS AND USE MEANS APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
- (c) IF CUSTOMER ACCESSES OR TRANSMITS ANY CONTENT THROUGH THE USE OF TELE-TOWN HALL® SERVICES, CUSTOMER DOES SO AT ITS OWN DISCRETION AND SOLE RISK. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED IN CONNECTION WITH SUCH ACTIONS.
- (d) NO DATA, INFORMATION OR ADVICE OBTAINED BY CUSTOMER IN ORAL OR WRITTEN FORM FROM TELE-TOWN HALL® OR THROUGH OR FROM TELE-TOWN HALL® SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Customer warrants and represents to Tele-Town Hall® that Customer has all necessary rights, power, and authority to agree to these Terms and perform Customer’s obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place Customer in breach of any other contract or obligation. Customer further warrants and represents that Customer is and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to Customer’s use of the Tele-Town Hall® Services, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales
Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing that may apply to Customer’s use of the Services. Further, while Tele-Town Hal®l may provide certain information to Customer regarding or relating to its Services, such information is for educational purposes only, and neither Tele-Town Hall® nor any of its agents are providing Customer legal advice. If Customer is unfamiliar or unclear on the legalities of any message or call that Customer will initiate through the Services, Customer must consult with Customer’s attorney prior to your use of the Services, as Customer is solely responsible for the calls and messages Customer initiates through the Services.
Customer will take all necessary measures to preclude Tele-Town Hall® from being made a party to any lawsuit or claim regarding Tele-Town Hall® products or services provided to the customer and/or any participant of a Tele-Town Hall® event. Customer agrees to indemnify and hold harmless Tele-Town Hall® and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Tele-Town Hall® in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) Customer’s breach of the above warranties; or (ii) any use by Customer, or an account or computer owned by Customer, of the Tele-Town Hall® Sites or Services. Customer agrees to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at Customer’s expense, to assume the exclusive defense and control of any matter in which Customer is a named party and that is otherwise subject to indemnification by Customer. Customer acknowledges and agrees to be held liable for any and all damages caused to Tele-Town Hall® by Customer as a direct result of a violation of local, state, national or international laws and regulations, including but are not limited to those damages that may arise from Customer’s fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Tele-Town Hall® to Customer.
9. Proprietary/Ownership Rights
11. Injunctive Relief
14. Right to Suspend, Restrict, or Terminate Service
Questions or comments regarding these Terms should be submitted to the TTH Policy Department by mail or e-mail as follows:
Tele-Town Hall, LLC
1001 N 19th St.
Arlington, VA 22209