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Terms of Use
We reserve the right to make changes to the Terms and Conditions at any time without advance notice. We agree to post all amended forms of the Terms and Conditions on the Website and such amended forms shall be effective immediately upon our posting of the same. It is at all times, however, your responsibility to read the most current form of the Terms and Conditions before using the Website, the Services and Content, to insure that you agree to the then current Terms and Conditions. You agree that these standards for notice of amendments to the Terms and Conditions are reasonable.
As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person or entity. You may not post or transmit any message, data, image or program which is unlawful, indecent, obscene, pornographic, threatening, harassing, abusive or hateful. We reserve the right to take such action as we deem appropriate in cases where the Website is used to disseminate statements that are, in our sole judgment, offensive or harmful.
Medical Disclaimers, No Medical Advice
The content of TelAbility.org website is designed for the general education of the consumer and Subscriber and is presented in summary form. Neither the Content nor any other Service offered by or through TelAbility.org or the TelAbility.org website is intended to be relied on for medical diagnosis or treatment. Medical information changes rapidly. Information contained in the TelAbility.org website is not intended to be and should not be used as a substitute for medical advice. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE YOU HAVE RECEIVED FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER OR DELAY IN SEEKING IT BECAUSE OF ANYTHING YOU READ ON THIS WEBSITE. Should you have any health related questions, please contact your physician or other qualified health care provider promptly. Neither TelAbility.org nor other providers to the Website directly or indirectly practice medicine or dispense medical services as a part of TelAbility.org.
TelAbility.org does not recommend or endorse any specific test, products or procedures that may be mentioned on the Website. Any opinions expressed on the Website are the opinions of the authors. TelAbility.org does not assume any liability for the Content of the Website. Reliance on any information provided by TelAbility.org, its Content Providers, or other visitors to the Website is solely at your own risk. TelAbility.org assumes no liability or responsibility for any damage or injury (including death) to persons or property arising from any use of any product, information, idea, service or instruction contained in the material provided to you. TelAbility.org reserves the right to change or discontinue at any time any aspect or feature of this Website.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR CONTENT PROVIDERS, OR SPONSORS ARE RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE CONTENT OR THE SERVICES INCLUDING, BUT NOT LIMITITED TO, YOUR CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOUR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT OR SERVICE OF THIS WEBSITE.
Legal Disclaimer, No Legal Or Accounting Advice
The content of TelAbility.org website is designed for the general education of the consumer and Subscriber and is presented in summary form. Neither the Content nor any other Service offered by or through TelAbility.org or the TelAbility.org website is intended to be relied upon for legal, accounting, coding, billing or other professional advice. Obviously, legal, coding, billing and other regulatory matters change rapidly and vary from jurisdiction to jurisdiction. Information contained in the TelAbility.org website is not intended to be and should not be used as a substitute for legal, accounting, coding, billing or other professional advice. You should never disregard legal or other professional advice you have received from your attorney or other qualified professional advisor or delay in seeking it because of anything you read on this Website. Should you have any legal or other related questions, please contact your attorney or other qualified professional advisor promptly. The TelAbility.org website in not intended to be relied upon as a substitute for legal, accounting, coding, billing or other professional advice. The TelAbility.org website is a general educational and informational tool.
The manuals, forms, graphics, examples and other materials contained in this Website are intended to offer general information on many issues. However, the accuracy of the information is not guaranteed as the laws and regulations may change, be subject to different interpretation and may involve disputed critical facts or special legal or regulatory considerations. There can be no assurance that every provision reflected is current, that the information will achieve the desired goal in all circumstances, or that the general situations addressed will apply to your particular situation. Consequently, you may be responsible for following alternative procedures or using materials different from those in this Website. It is strongly advised that you examine the laws and regulations of your jurisdiction before acting upon any of the information contained in this Website. TelAbility.org cannot in any way guarantee that the information in this Website is being used for the purposes intended and, therefore, assumes no responsibility for its proper and correct use.
Privacy Policy and Terms
We know that privacy matters to you, and we respect your privacy. We are committed to protecting the privacy of children. We will never release your name, address, telephone number, email address or other personal information, without your express consent. Registration information and other voluntarily submitted information may be used by us to provide our personnel with information that is useful in developing and improving features and services for you and to assist us in providing to you material that is appropriate for your apparent interests. We may at times collect and distribute aggregate information about our users in order to measure interest in and use of the various areas of the Website and to improve the services we offer, but we will never individually identify you.
You should be aware when you voluntarily disclose personally identifiable information on the bulletin boards, chat rooms, mail lists and discussion groups, that this information, along with any substantive information disclosed in your communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control. TelAbility.org makes no warranties about the discoverability of Subscribers' identity by methods beyond our control.
Use of Content
The Content consists of copyrighted works proprietary to our Content Providers and to us. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyright notice: "Copyright © 1999 TelAbility.org All Rights Reserved" or the other copyright and proprietary rights notices which were contained in the Content. Any other use of the Content, either in whole or in part for any other reason, including but not limited to modification, reproduction, retransmission, distribution, dissemination, publishing, sale, circulation or broadcasting, is expressly prohibited without our prior written permission. Any unauthorized or unapproved use of any of Content constitutes copyright infringement and subjects you to all civil and criminal penalties provided for under domestic and international copyright laws and treaties. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
Except as specifically provided as to the contrary in these Terms and Conditions, you expressly acknowledge and agree that no right is granted to you to copy, modify, alter, revise, paraphrase, omit, change, display, store, time-share, rent, lease, sublicense, publish, distribute, transmit, transfer, assign, sell or commercially exploit in any manner whatsoever the Content. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any purpose not set forth in these Terms and Conditions is expressly denied, unless prior written consent is obtained from the respective copyright holder(s).
You agree that we (or our other Content Providers or Advertisers or Sponsors) own all worldwide rights, titles and interest in and to this Website, the Services and Content. You acknowledge and agree that this Website, the Content and Services are copyrighted and are subject to protection under domestic and international copyright laws and treaties as well as other laws relating to intellectual property rights. TelAbility.org, the TelAbility.org logo and other marks clearly identified in the Website as ours are our trademarks. You may not use our marks without our written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. All rights not expressly granted in these Terms and Agreements are reserved to us. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms and Agreements.
Content is subject to change without notice at our editorial discretion. If you violate any of the Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Use of Interactive Areas
We may provide Interactive Areas on the TelAbility.org website. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting communications. TelAbility.org does not assume any responsibility for the consequences of Interactive Area communications on or arising from use of the TelAbility.org website. IN CASES WHERE YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.
In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of the Terms and Conditions:
(a) Use of an Interactive Area for any purposes in violation of local, state, national or international laws;
(b) Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
(c) Post material that is unlawful, indecent, phonographic, sexually explicit, bigoted, obscene, defamatory, threatening, harassing, abusive, hateful, rude or embarrassing to another Subscriber or any other person or entity as determined by TelAbility.org at its sole discretion pursuant to this section;
(d) Post advertisements or solicitations of business;
(e) After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is in free form);
(f) Post chain letters, charity solicitations or pyramid scheme;
(g) Allow any other person or entity to use your identification to post or view comments;
(h) Post the same note more than once (The online word for posting numerous times on one topic is "spamming." Spamming or mass mailing is strictly prohibited.);
(i) Post any material, including, without limitation, software which contains a virus, worm, unauthorized code, Trojan horse, time bomb or any other harmful or deleterious program or component;
(j) Create a false identity, impersonate another person or forge an email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
(k) Harvest or otherwise collect information about others, including email addresses, without their consent;
(l) Violate any U.S. law regarding the transmission of technical data or software exported from the United States;
(m) Interfere with or disrupt networks connected to the Website, or used for purposes of delivering the Content or Services (or violate the regulations, policies or procedures of such networks);
(n) Attempt to gain unauthorized access to the restricted areas of the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; or
(o) Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the sole judgment of TelAbility.org, exposes TelAbility.org or any of its users or suppliers to any liability or detriment of any kind.
We reserve the right to record the dialogue on public chat rooms. TelAbility.org does not screen communications in advance and is not responsible for screening or monitoring material posted by Subscribers or any other person or entity. If notified by a Subscriber of communications that are alleged not to conform to the terms of this section, TelAbility.org may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. TelAbility.org reserves the right to remove communications that are abusive, illegal, disruptive, or that otherwise fail to conform to the Terms and Conditions. In addition to the removal rights described above, we reserve the right to terminate a Subscriber's access to any or all interactive areas upon the Subscriber's breach of the Terms and Conditions. TelAbility.org reserves the right (but is not obligated) to edit or delete any communications posted on the TelAbility.org website, regardless of whether such communications violate these standards for Content.
Furthermore, TelAbility.org reserves the right (but is not obligated) to monitor, edit or disclose any type of posting on the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the Website, or if required to do so by law or in the good-faith belief that such action is necessary to (a) comply with the law or comply with legal process served; (b) protect and defend the rights of TelAbility.org or others; or (c) act in an emergency to protect the personal safety of our users or the public. TelAbility.org has no liability or responsibility to Subscribers or any other person or entity for performance or nonperformance of the aforementioned screening activities.
We further do not represent, warrant or guarantee the truthfulness, accuracy or reliability of any of the material posted in interactive areas. We also do no endorse any opinions expressed in interactive areas. YOU ACKOWLEDGE THAT ANY SUCH RELIANCE ON CONTENT POSTED IN THE INTERACTIVE AREAS IS AT YOUR OWN RISK. Physicians participating in the Interactive Areas should not rely on information provided by the Website or other Subscribers or users and are ultimately responsible for the care they give their patients.
You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to public areas of this Website (including, without limitation, the Interactive Areas referenced above) by all means and in media now known or hereafter developed for any use or purpose.
Through your use of TelAbility.org website's Interactive Areas, you are agreeing to all of the aforementioned Terms and Conditions for the use of such Interactive Areas contained herein.
Links to Other Websites
We provide links on our Website to third party websites for your convenience. These third party websites are not under our control and we are not responsible for such third party websites. Your use of such third party websites is at your own risk and we are not liable to you for any loss or damage you may suffer by your use of such websites. Your use of third party websites is subject to the terms and conditions of use for such sites. You hereby waive any and all claims you may have against us regarding our inclusion of links to such third party websites or your use of those websites. Unless expressly stated to the contrary by us, our inclusion of links to such third party websites do not reflect our approval, endorsement, representation regarding the content or accuracy of any materials contained in, or recommendation of such website.
General Disclaimers
You acknowledge that in connection with the telability.org website, information will be transmitted over local exchanges, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of telability.org and its suppliers. Accordingly, telability.org assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the telability.org website.
Our website, the services and the content are provided to you on an "as is, with all faults" basis. We (and our content providers and sponsors) make no warranties of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title or noninfringement, or warranties arising by virtue of course of dealing or custom of trade. We make no representation or warranty that any content or information on or available through this website is accurate, complete, appropriate, reliable or timely. We (and our content providers and advertisers and sponsors) also make no representations or warranties that your access to and use of the website, the services or the content will be uninterrupted or error-free, or that our website, the services or the content is free of viruses, unauthorized code or other harmful components. You acknowledge that your use of our website, the services and content is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of this website, the services or content. You (and not us or content providers and sponsors) assume the entire cost of all necessary servicing, repair or correction due to your use of this website, the services and the content. We reserve the right to change or discontinue at any time any aspect or feature of this website. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
In no event shall telability.org, its licensors, its suppliers or any third parties mentioned at the website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the telability.org website or the content whether based on warranty, contract, tort or any other legal theory, and whether or not telability.org is advised of the possibility of such damages. Telability.org shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed us,000.00 (one thousand dollars). Remedies under this agreement are exclusive and are limited to those expressly provided for in these terms and conditions.
You understand that We and our Content Suppliers cannot and do not guarantee or warrant that files available for downloading through the Content or Services will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. We do not assume any responsibility or risk for, and you expressly acknowledge and agree that, use of the Content and Services is at your sole risk.
Indemnity
You agree to defend, indemnify and hold TelAbility.org, its officers, managers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, you use of the Content or the Interactive Areas in a manner that violates or is alleged to violate the Terms and Conditions. TelAbility.org shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Access from Outside the U.S.
TelAbility.org is based at, 1101 Weaver Dairy Rd, Suite 202,Chapel Hill, NC 27514, in the United States of America. TelAbility.org makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the TelAbility.org website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Choice of Law
You expressly agree that exclusive jurisdiction for any dispute with TelAbility.org, or in any way relating to your use of TelAbility.org, resides in the courts of the State of North Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of North Carolina in connection with any such dispute including any claim involving TelAbility.org, or its affiliates, subsidiaries, employees, officers, managers, directors, telecommunication providers and Content Providers. The Terms and Conditions are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provisions of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. No waiver of any of the Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Entire Agreement
Except as expressly provided in a particular "legal notice" on the TelAbility.org website, the Terms and Conditions constitute the entire agreement between you and TelAbility.org with respect to the use of the TelAbility.org website and any Content contained therein.
Termination
Your right to access and use the Website, the Content and Services immediately terminates without further notice upon your violation of any of the Terms and Conditions. We may terminate your right to use this Website or Content at any time, with or without cause. We may cease offering this Website at any time.
Construction
In respect to all defined terms in the Terms and Conditions, the singular shall include the plural and vice versa.
Assignment
We may freely assign our rights under the Terms and Conditions. You may not assign your rights under the Terms and Conditions without our prior written permission, which may be refused in our sole discretion. Any attempt by you to assign your rights under the Terms and Conditions without our permission shall be void.
Definitions
As used in the Terms and Conditions, the following terms shall have the following meanings:
"Content" means the text, images and audio that are contained on or made available to you through this website. Most of the Content is provided by Content Providers.
"Content Providers" means the third parties that furnish us Content to make available to you.
"Interactive Areas" means any portion of this Website that is intended by us to be accessed and used without a Password.
"Restricted Area" means any portion of this Website that is intended by to require an Account and Password to access and use.
"Service" means any on line application or service made available to you for your use on or through this Website.
"Terms and Conditions" means this Website use agreement.
"We" "us" and "our" refer to TelAbility.org.
"Website" means this Website. We reserve the right to discontinue or make changes to the Website at any time.
"You" and "your" refers to you, the individual who has agreed to be bound by the Terms and Conditions.
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