5.15.2008







 

 
 




 

TERMS OF SERVICE

 

ACCEPTANCE OF TERMS
THEADOS Corporation ("The Company") makes available for your use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by the Company, such as the THEADOS System (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Service"). By accessing or using this Site or Services, which includes your access to or use of any of the Services, you warrant that you are at least 18 years of age, are able to enter a legally binding contract and agree to the Terms of Service.

If you breach any of the Terms of Service, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

CHANGE OF TERMS
The Company reserves the right to change the Terms of Service from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Service posted on the Site at the time of such use.

COPYRIGHT; LIMITED LICENSE
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, The Company and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services.

Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of the Company. Elements of Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any the Company Web site may be copied or retransmitted unless expressly permitted by the Company.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Material and Services are for your personal and non-commercial use. Except as necessary to use this site, you may not modify, copy, distribute, transmit, display, perform, or reproduce any information, software, products or services obtained from the Site. You may not publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site or Services.

WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED.

IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF THE SERVICE.

NO UNLAWFUL OR PROHIBITED USE
You agree not to use Service or the Site to (i) disseminate or transmit unsolicited communications, (ii) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, (iii) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any third party, (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication, (v) interfere, disrupt, or attempt to gain unauthorized access to other accounts on the Service or any other computer network, (vi) disseminate or transmit viruses, Trojan horses, or any other malicious code or program, (vii) “hack”, “crack”, reverse engineer or otherwise compromise any of the systems or software available on this Site or Services (viii) engage in any behavior that would violate the law or the rights of another or (ix) engage in any other activity deemed by the Company to be an unacceptable or inappropriate use of the Service or the Site.

Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. The Company will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and may release your name and other information to the appropriate authorities for that purpose. The Company may log instances of abuse of system resources and take action as outlined below. System abuse means any use of Site or Services resources which disrupt the normal use of the Site or Services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions or communications of other users consuming excessive amounts of CPU time, network resources or disk space, or otherwise unreasonably and adversely affecting the performance of Services servers. If you use, or attempt to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service or software, you will be subject to damages and other penalties, including criminal prosecution where available.

PERSONAL INFORMATION AND PRIVACY
Your privacy is important to us. Accordingly, we have established and implemented a Privacy Policy (which may be modified by the Company from time to time) describing, without limitation, what information we collect and how we use such information. You may review our current Privacy Policy at our Site http://theados.com You acknowledge and agree that you have the opportunity to review our Privacy Policy and that you consent to our collection of information consistent with its provisions.

COMPLIANCE WITH COMPANY POLICIES
You agree to comply with all procedures and policies the Company may establish with respect to the Service and the Site (including, without limitation, password management policies, security policies, the Terms of Service, the Account Policy, and the Privacy Policy) (collectively, the "Policies"). You are solely responsible for any and all acts and omissions that occur under your account or password.

SOFTWARE LICENSES
You agree to be bound by the terms of the licenses of any software that you access, download, or use from this Site or Services. You also agree that you will comply with the license requirements of any software that you may use in connection with the Site or Services.

THIRD PARTY COMPONENTS
You acknowledge and agree that use of the Service and the Site require third party equipment and software (collectively, the "Third Party Components") that must be provided by you. The Third Party Components include, without limitation, the following: a computer(s), a connection to the internet, operating system software, and a web browser (the necessary version of any of the foregoing to be designated by the Company from time to time). THE COMPANY SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE THIRD PARTY COMPONENTS.

COPYRIGHT POLICY
The Company is committed to complying with copyright and related laws, and expects you to comply with such laws as well. Using the Site or Services to transmit any content (by email, uploading, posting, or otherwise) or to engage in any activity that infringes any copyright or any other right of a third party violates these Terms of Service. You represent and warrant to the Company (i) that you own, or are otherwise lawfully authorized to use, any content that you transmit to or through the Site or Services; (ii) that use of the content supplied by you does not violate this policy and will not cause injury to any person or entity. You agree to indemnify the Company for all claims resulting from content that you supply. You agree that the Company, in its sole discretion and for any reason, may terminate part or all of your access to the Site or Services and delete any content transmitted to or through the Services. You agree that the Company may terminate your access to the Site or Services at any time and without prior notice.

INDEMNITY
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any Submissions or Communications), your use of the Site or Services, your connection to the Site or Services, your use of software, your violation of the Terms of Service, your violation of company policies, or your violation of any rights of another person or entity. You agree that this indemnity survives the cancellation or termination of this Terms of Service.

VALID ACCOUNT
You must have a valid account to purchase goods and services.

AGE REQUIREMENTS
You must be at least 18 years of age to register for an account.

LOCATION REQUIREMENTS
You are responsible for compliance with all applicable laws in your location.

VALID CREDIT CARD REQUIRED
A valid credit card is required to register for an account. The Company reserves the right to reject a credit card and/or new user at its sole discretion.

SINGLE ACCOUNT
You may register and hold only one account. Multiple accounts are not permitted. The Company reserves the right to terminate duplicate accounts.

ACCURATE INFORMATION
You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, the Company has the right to terminate your use of the Site and Services and its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize the Company and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your information. This may include ordering a credit report and performing other credit checks or verifying your address information against third party databases.

You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing the Company with a correct and operational e-mail address, credit card information, and billing address. The Company will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify the Company of any change in your e-mail or postal address, credit card billing address, or credit card information.

SECURITY
You must provide the required information and choose a Username and password in order to create an account. You may not give false information or intentionally hide required information at the time of registration. You are liable for all activities conducted through your account

You must choose a user name, which will be entered each time the Services are used. This name should not be disclosed to any third party, for any reason.

You must choose a password. You are entirely responsible for maintaining the confidentiality of that password. The use of features that allow software to “remember” passwords is strongly discouraged as it may make it possible for third parties to access the your account. You are also responsible and liable for any consequences and charges that arise from harm resulting from disclosure of the password, allowing the disclosure of that password, or allowing another party to use that password to gain access to your account. Use a password for your account that is unique. Do not use the same password for any other web sites or systems, and do not use a password for your account that you already use for any other services.

NOT A BANK OR OTHER FINANCIAL INSTITUTION
You acknowledge that a) the Company is not a bank or financial institution and the Services are not banking or financial services, b) accounts are not insured by any government agency of any nation, c) the Company and Services are not subject to banking regulations and c) Company will invest in liquid assets and that interest earned on those assets will be the property of the Company and may be used as it deems appropriate.

NO CASH ADVANCES
You agree not to engage in behavior that could reasonably be construed as providing yourself a cash advance from your credit card, and agree not to assist users who engage in behavior that could reasonably be construed as providing themselves a cash advance from their credit cards. Such behavior includes, but is not limited to, a User paying someone by charging a credit card, then receiving the funds back from the original Recipient and attempting to withdraw the funds from an account. The Company reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.

CHARGE LIMITATION
The Company may limit the amount charges and/or number of purchases on your account, at its sole discretion.

GENERAL GUIDELINES
The Company will not be responsible for unintended purchases made by you. The Company will not have any liability in connection with any unauthorized interception or use of data relating to you or the Site or Services; any inability to use or access the Service or the Site for any reason; any actions or transactions by an individual that uses your user name and password; or any cause over which the Company does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers. The Company shall not be responsible for any information lost due to malfunction or loss of a handheld device.

FORCE MAJEUR
In no event shall the Company be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond its control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications, or other utility services, or misrouted IP addresses, or other internet interruptions).

RIGHT OF COLLECTION
You will be liable for all purchases and all fees incurred through the use of the Site or Services. The Company will seek to recover the fees from you by debiting your account balance and, if there is not a sufficient balance in your account, the Company reserves the right to collect your debt by any other legal means.

CUSTOMER RESPONSIBILITY FOR TAXES
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive and to collect, report and remit the correct tax to the appropriate tax authority. The Company is not obligated to determine whether taxes apply, and is not responsible to collect, report, or remit any taxes arising from any transaction.

INACTIVE ACCOUNTS
If your account has no service credit balance and you do not access it for 90 (ninety) days, then the Company may close your account. If your account has a service credit balance and you do not access it for 356 (three hundred sixty-five) days, then the Company may close your account and the remaining services balances are non-refundable and void.

ACCOUNT CLOSURE
You may close your account at any time. Upon closure of an account, you may request a refund of any unused services credit in the account. Such refund is subject to the Company’s refund policy. You will remain liable for all obligations related to the account even after such account is closed.

ACCOUNT RESTRICTION
Excessive disputes by you, failure to respond to reasonable requests for information, or other abuses of the Service are, without limitation, grounds for restricting your account and/or terminating your right to use the Service. The Company, in its sole discretion, reserves the right to restrict an account, access to its website, or access to Services without notice for any reason and at any time.

ACCOUNT TERMINATION
The Company, in its sole discretion, reserves the right to terminate this agreement, your account, access to its website, or access to Services without notice for any reason and at any time.

INVESTIGATION OF VIOLATIONS
The Company reserves the right to investigate suspected violations of these Terms of Service. When the Company becomes aware of possible violations, the Company may initiate an investigation which may include gathering information from the party or parties involved and/or the complaining party, if any, and examination of material on the Company's servers. During an investigation, the Company may suspend the accounts of those involved and/or remove the related material from Site or Service’s servers. If the Company believes, in its sole discretion, that a violation of these Terms of Service has occurred, it may take responsive action, which may include removal of material from the Site or Service’s servers, warnings and suspension or termination of accounts, including permanent banning from any future Services. The Company in its sole discretion will determine what action will be taken in response to a violation on a case-by-case basis. Violations could also subject you to criminal or civil liability.

COOPERATION WITH AUTHORITIES
In addition to the terms listed above, you further agree that the Company may access and disclose information about you or your use of the Site or Services when the Company deems necessary or appropriate to comply with the law or legal process, to protect the Company’s systems and customers, or to ensure the integrity and operation of Company’s business and systems. Unless otherwise prohibited by law, such disclosure may include, without limitation, user profile information (e.g., name, e-mail address, etc.), transaction information, IP address and traffic information, and usage history.

PROCESSING TIME/DELAYS
Processing and time delays sometimes occur when processing credit card transactions and purchases. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay. The Company will not be liable if you do not have enough available balance in your account to make the transaction, your credit card is rejected, or the information in your profile is inaccurate and/or incomplete. The company is not responsible if circumstances (such as fire or flood, war, civil unrest, hacking or terrorist attack, war, other criminal activity, equipment failure, or security breaches) prevent the transaction.

ELECTRONIC COMMUNICATIONS
To the fullest extent permitted by applicable law, the Terms of Service and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Services website and/or delivered to your e-mail address. You will print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. The Company reserves the right but assumes no obligation to provide Communications in paper format.

BUSINESS DAY
The Company’s business days are Monday, Tuesday, Wednesday, Thursday, and Friday, excluding any Holidays.

GOVERNING LAW AND JURISDICTION
The Site (excluding linked sites) and Services are controlled by the Company from its offices within the state of Pennsylvania, United States of America. By accessing the Site or Services, you and The Company agree that all matters relating to your access to, or use of, this Site or Services shall be governed by the statutes and laws of the State of Pennsylvania and applicable United States federal law, without regard to the conflicts of laws principles thereof. Copyright and other proprietary matters will be governed by applicable United States laws and international treaties. Exclusive venue for all litigation regarding this Agreement shall be in Philadelphia County, Pennsylvania and you agree to submit to the jurisdiction of the courts in Philadelphia, Pennsylvania for any such litigation. The Company makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or Services from other locations do so on their own initiative and are responsible for compliance with local laws.

ARBITRATION
You agree to notify the Company immediately of any controversy or claim arising out of or relating to this contract, or breach thereof. Such notice must be sent issued in writing within 10 (ten) days of the occurrence of said controversy or breach. You agree to give the company, at its sole discretion, up to 90 (ninety) days to remedy the controversy or claim. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be resolved by exclusive, binding, and final arbitration, which will be conducted in Philadelphia, PA in accordance with the rules and procedures of the American Arbitration Association. Each party will select an arbitrator and the two arbitrators so selected shall select a third arbitrator. Each party shall be solely responsible for its expenses, including the cost of the arbitrator each chooses, and shall bear the expense of the third arbitrator equally. You agree that such arbitration will be in lieu of your rights to assert any claim, demand, or suit in any court action, provided that the Company may elect court action for the purpose of obtaining injunctive relief to terminate any violation by you of the Company’s proprietary rights, including without limitation any trade secrets, patents, copyrights, or trademarks.

MISCELLANEOUS
The Terms of Service constitute the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

You may not assign your rights or obligations arising under the Terms of Service without the Company's prior written consent. Company may assign its rights and obligations under these Terms of Service. These Terms of Service will be for the benefit of Company's successors and assigns, and will be binding on your heirs, legal representatives and permitted assignees.

The failure of the Company to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Service to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

 

 

Privacy Policy
Terms of Use
Terms of Service
Account Policy

 

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