Online User Agreement

TELECOMMUNICATIONS FOR THE DEAF AND HARD OF HEARING, Inc.

Online User Agreement

1. Acceptance of Terms

Telecommunications for the Deaf and Hard of Hearing, Inc. (“TDI”, “we”, “us” or “our”) provides access to www.tdi-online.org (the “Site”) subject to your acceptance of this User Agreement (“Agreement”). This Agreement may be updated by TDI from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes. This Agreement was last revised on March 31, 2004.

By accessing, browsing or otherwise accessing the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, acceptable use policies, privacy policies or other contractual provisions as noted. In the event of a conflict between any other agreement, rule, policies, or other terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact us at info@tdi-online.org. If you do not wish to be bound by this Agreement, you may not access or use the Site.

2. Types of Users

Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a “User” (also referred to as “you” or “your”) under this Agreement. A User that registers online to become a member or a subscriber of TDI is a “Registered User.”

3. Disclaimers

The contents of the Site, such as text, graphics, photographs, data, images, audio and video clips, software and other material (“Content”), is presented for informational purposes only. TDI will use reasonable efforts to include up‑to‑date and accurate information on this Site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the Content provided, including third party information, such as, but not limited to, press releases, articles, or information from third-party web sites linked to or from this Site.

TDI cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, “Hazards”). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

4. Acceptable and Lawful Use of the Site

You may use the Site for your own personal, non-commercial use. User shall comply will all applicable laws, statutes, ordinances and regulations in connection with the Site.

In consideration of your use of the Site, you agree to: (a) provide true, accurate, and current and complete information as prompted on the Site; and (b) maintain and update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TDI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TDI may suspend or terminate your account and refuse any and all current and future use of the Site.

Any personal information, computer information, or other information that you provide to TDI in connection with the use of the Site: (a) shall not be obscene or indecent; (b) shall not contain any Hazards; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; and (e) shall not create any liability for TDI or cause TDI to lose (in whole or in part) the services of its Internet Service Provider(s) or other suppliers.

5. Privacy

Your personally identifiable information submitted to the Site is subject to the terms and conditions of TDI’s Online Privacy Policy. You agree that you have read and understand the terms of TDI’s Online Privacy Policy at TDIOnlinePrivacyPolicy.htm. You acknowledge that the Site may link to other sites not controlled by TDI and that the collection of your data by these sites is outside the scope of TDI’s control.

Your communications through the Site are, in most cases, viewed only by you and anyone to whom you address your message. Although not required, as the operator of the Site, TDI may review or monitor your electronic mail, other communications and/or use of the Site from time to time. Therefore, you should not expect to have a right to privacy in any of your communications or use of the Site.

6. Your Account Obligations

When you become a Registered User, you will receive an account number and you will be prompted to choose your password. You are responsible for maintaining the confidentiality of your account number and your chosen password (the “Account Information”), and you are fully responsible for all activities that occur under your account number and password. You agree immediately to notify us of any unauthorized use of your Account Information or any other breach of security. TDI shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you.

7. User Representation

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree that you will be financially responsible for your use of the Site and to comply with your responsibilities and obligations as stated in this Agreement.

8. System Integrity

You may not use any device, software or routine to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site. You agree not to access the Site by any means other than through the interface that is provided by TDI for use in accessing the Site.

9. RISK; INTERNET USE

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.

10. Links to Other Sites

Any links to other sites are provided as merely a convenience to you. TDI has not reviewed these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from the content or operation of these other sites. Except for information, products or services clearly identified as being supplied by TDI, TDI does not operate, control, endorse or make representations regarding any information, products or services on such other sites or on the Internet in any way. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.

11. NO WARRANTIES

TDI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND TDI SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. TDI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TDI OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TDI HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

13. System Outages

TDI periodically schedules system downtime for maintenance and other purposes. Unplanned system outages may also occur. TDI shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

14. Indemnification

You agree to indemnify, defend and hold TDI and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) or resulting from (i) your use, misuse or abuse of the Site, or (ii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in TDI’s defense of any claim. TDI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of TDI.

15. Intellectual Property

The Content is the property of TDI, its affiliates or partners and is protected by federal and international copyright and trademark laws or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download Content from the different areas of the Site solely for your own non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of TDI. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to such Content belong to the respective third parties. In addition, certain trademarks are the property of their respective third party owners, and the use of trademarks, logos, or brand names in the Site are for identification purposes only, and does not imply an endorsement by TDI of the trademark owner, or vice-versa, or that such trademark owner has authorized TDI to promote its products, services, or content. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by TDI.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of TDI or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any TDI copyright.

16. Bulk Downloads or Mailing Lists

You agree not to copy or download data for commercial use any information from the Site, including without limitation the eBlue Book. Bulk copying of data is expressly prohibited. You may not create mailing lists of postal addresses or email addresses for spamming or other unwanted junk mail. If you wish to do a mailing to the individuals listed in the eBlue Book, please contact TDI at info@tdi-online.org and we will be happy to work with you on your marketing project.

17. TDI’s Policy Regarding Copyright Infringement, Designated Agent and Termination Policy

TDI's policy regarding copyright infringement and TDI’s designated agents for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:

TDI respects the intellectual property rights of others and requires those that visit the Site or use our system for Internet access and e-mail to do the same. TDI may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site and its e-mail systems that infringes upon the copyright rights of others. TDI also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.

If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify TDI's copyright agents by written notice. The notice should include the following information:

· An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;

· A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;

· Identification of the location on our web site of the material you claim has been infringed, or the link or reference to another web site that contains the material you claim has been infringed;

· Your name, address, telephone number and e-mail address;

· A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and

· A statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

TDI's copyright agents for notice of claims of copyright infringement on this web site are William B. Wilhelm, Esq., and Jonathan S. Frankel, Esq. who can be reached at following:

By Mail: Swidler Berlin Shereff Friedman, LLP
3000 K Street, N.W., Suite 300

Washington, DC 20007

By Phone: Mr. Wilhelm: (202) 424-7827; Mr. Frankel: 202-424-7743

By Fax: Mr. Wilhelm: (202) 424-7645; Mr. Frankel: 202-424-7643

By E-mail: wbwilhelm@swidlaw.com; jsfrankel@swidlaw.com

18. Pricing for Products and Services

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing or product information or otherwise, TDI shall have the right to refuse or cancel any orders placed for that product(s) or service(s) listed at the incorrect price. TDI shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and the User's credit card has been charged or other payment has been accepted.

19. Delivery and Refund Policies

Memberships and Subscriptions: An e-mail will be sent to confirm receipt of your TDI membership and subscription dues. The e-mail will denote the amount of dues paid and the new expiration date of your membership and subscription. The next Blue Book and the next four GA-SK newsmagazines will be mailed to you upon publication.

Existing Publications: Upon the completion of a successful transaction, the product(s) that you ordered will be mailed to you within thirty (30) days either via media rate or print bound matter as offered by the US Postal Service or Ground shipment as offered by United Parcel Service. If TDI is unable to ship your products within two weeks to thirty days, TDI will send you a second e-mail with either a revised shipment date or a notice that a revised shipment date is currently unavailable. If a shipment date is not provided, the e-mail will provide a reason for the delay and a notice that if you agree to the indefinite delay, you may cancel the order at any time until TDI ships your order. The e-mail will also provide you with an opportunity to cancel the order and obtain a full a prompt refund by replying to the e-mail.

Contact TDI at orders@tid-online.org if you wish speedier delivery via Federal Express (an additional charge will be imposed).

All sales are final. TDI will only issue an exchange, credit or refund if there is a manufacturing defect in the book or product. The determination of whether an manufacturing defect exists and whether TDI will issue an exchange, credit or refund will be made at TDI’s sole discretion.

If you have any questions, contact TDI at orders@tid-online.org.

20. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under United States federal law.

21. Choice of Forum

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Maryland and of the United States of America located in the State of Maryland for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Maryland State Courts and agree not to plead or claim in any Maryland Court that such litigation brought therein has been brought in an inconvenient forum.

22. International Users

TDI 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 in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, notwithstanding the “Governing Law” (Section 20) and “Choice of Forum” (Section 21) provisions above.

The United States Postal Service does not have the ability to track international packages (including shipments to Canada). Even though you may not have chosen USPS we sometimes ship USPS to save money on shipping and keep your shipping costs down. If you are concerned about this please contact us at [insert e-mail or phone number or both]. Just to reiterate, under the circumstances described above, the tracking is out of our hands and therefore, we can not offer you tracking services on your international orders.

23. Severability; Headings; Entire Agreement; Modifications; Assignment; Third Party Beneficiary Rights;

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between TDI and you pertaining to the subject matter hereof. In its sole discretion, TDI may unilaterally modify this Agreement or any other documents referenced herein at any time without notice to you. Any amended or modified terms will be effective immediately upon posting on the Site. You agree to review the Agreement periodically for modifications. Your continued use of the Site constitutes your acceptance of the Agreement, as modified. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of TDI. TDI may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.

24. No Waiver

Any delay or failure by you or TDI, at any time or times, to require performance of any provision hereof shall in no manner affect your or TDI’s right at a later time to enforce such provision.

25. User Feedback

Should any User respond to TDI through the Site with information including feedback, such as questions, requests, opinions, comments, suggestions, ideas, or the like, such information shall be deemed to be non-confidential. In addition, TDI shall have no obligation of any kind to the User with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation and without license, except with respect to personally identifiable information, which is governed by TDI’s Online Privacy Policy. TDI shall be free to use any ideas, concepts, know‑how or techniques contained in such information for any purpose whatsoever.

26. Termination

Either you or TDI may terminate your right to use the Site at any time, with or without cause. TDI reserves the right to terminate or suspend your account without prior notice, but TDI will confirm such termination or suspension by subsequent notice. The provisions of Sections 3 (Disclaimers), 9 (Risk; Internet Use), 11 (No Warranties), 12 (Limitation of Liability), 14 (Indemnification), 15 (Intellectual Property), 17 (TDI’s Policy Regarding Copyright Infringement and Designated Agent), 20 (Governing Law), 21 (Choice of Forum), 22 (International Users), 24 (No Waiver) shall survive any termination of Agreement. You may terminate your account by contacting the Membership Director at info@tdi-online.org.