Terms of Service
The following terms and conditions ("Terms of Service") govern your access to, and use of, the Telephoneinstallers.com website (the "Service") operated by Phonemaster Communications, Inc. ("Phonemaster").
By clicking on the "I Agree" checkbox or by accessing, browsing, or otherwise using the site, you agree to be bound by this terms of service and any of the related policies or guidelines, including any subsequent changes or modifications to them. If you do not agree to this terms of service or any changes, do not access or otherwise continue to use this site.
Changes to This Terms of Service
Phonemaster reserves the right to change or modify any of the terms and conditions contained in this Terms of Service, or any policy of the Service, at any time and in its sole discretion. If Phonemaster decides to change this Terms of Service, it will post a new version on the Service and update the effective date set forth above. Any changes or modifications to this Terms of Service or policy will be effective upon posting of the revisions. Your continued use of the Service following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review this Terms of Service and any other applicable policies, including their dates, to understand the terms and conditions that apply.
Services
The Service allows buyers to contact suppliers or submit Requests for Quotes (RFQs) to multiple suppliers. The Service may not always be able to match your RFQ(s) with suppliers.
By submitting a Request for Quote you acknowledge that these suppliers can contact you regarding your RFQ(s) and that you are expressly consenting to such contact by them, or the Service if necessary, to fulfill such RFQ via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses. These contacts are necessary to provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business.
Your Liability
You are solely responsible for your activities on our Service, including all content that you submit or a third party submits on your behalf or using your account. Should you have a dispute with any supplier, you must address such dispute with the supplier directly. You agree to indemnify Phonemaster and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of our Conduct Policy; (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account, and (d) any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with disputes and transactions with suppliers.
Links and Third Party Content
Phonemaster or third parties may provide links on the Service to other sites or content. Phonemaster has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. Phonemaster provides links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
No Warranties
The site and the materials contained therein are provided on an "asis" and "as available" basis without warranties of any kind, express or implied. You expressly agree that use of the site, including all content or data distributed by or downloaded or accessed from or through the site, is at your sole risk. Phonemaster disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials, and content on the site. Phonemaster does not represent or warrant that materials in the site are accurate, complete, current, reliable or error-free.
While Phonemaster seeks to enlist and retain the highest quality suppliers, we do not guarantee the quality or the credentials of the suppliers who receive and respond to your RFQ. As the Service is a means of matching buyers with suppliers, we are not responsible for any transaction that may occur between you and/or your company and a service participating supplier.
Phonemaster is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
Limited Liability
In no event shall we be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
You agree that Phonemaster's aggregate liability for any actual and direct damages hereunder shall not exceed the amounts paid by Phonemaster to you under this agreement. You acknowledge that this is a reasonable allocation of risk for your use of the site.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
Applicable Law and Venue
This Terms of Service and any transactions on this Service shall be governed by and construed in accordance with the laws of the State of New Hampshire applicable to agreements made and entirely to be performed within the State of New Hamphire, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Merrimack County, New Hampshire, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms of Service.
Conduct Policy
Please read this Conduct Policy carefully. It governs your conduct while using various services on this Web site, located at Telephoneinstallers.com (the "Service") and operated by Phonemaster Communications, Inc. ("Phonemaster"). By using our Service, you agree to be bound the terms of this Conduct Policy.
Any violation of this policy may result in the suspension or termination of your access to the site or use of our service and such action as we deem appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
Prohibited Conduct
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Service.
- You agree not to upload, post or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes)
- You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; or
- You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- You agree not attempt to disguise the origin of any User Content transmitted to the Service;
- You agree not act in any manner that negatively affects other users' ability to use the Service;
- You agree not impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You agree not interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- You agree not create and/or log in with multiple accounts;
System and Network Security
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Service or to breach security or authentication measures.
- Unauthorized monitoring of data or traffic on the Service.
- Interference with the Service including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
- Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
- Using manual or electronic means to avoid any use or access limitations placed on this Service.
Enforcement
Notwithstanding anything to the contrary in this Conduct Policy, Phonemaster reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Service or its systems, equipment or network. Phonemaster further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that Phonemaster deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in our Privacy Policy, Phonemaster reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if Phonemaster suspects you have violated this Conduct Policy or any law or regulation. Phonemaster also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.