TERMS & CONDITIONS: LIMITED LICENSE:
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1 TERMS & CONDITIONS: The use of any product, service or feature (the "Materials") available through the internet websites accessible at 4tellus.com, ("Website") by any user of the Website ("You" or "Your" hereafter) shall be governed by the following terms of use: This Website is provided by Tellus, LLC (hereinafter referred to as "Tellus" ), a company established under the laws of the State of Florida, shall be used for informational purposes only. By using the Website or downloading Materials from the Website, You hereby agree to abide by the terms and conditions set forth in this Terms of Use. In the event of You not agreeing to these terms and conditions, You are requested not to use the Website or download Materials from the Website. This Website, including all Materials present (excluding any applicable third party materials), is the property of Tellus and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in Your use of this Website and to prevent any unauthorized copying of the Materials. Tellus does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information. Tellus has business relationships with various customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships. LIMITED LICENSE: Subject to the terms and conditions set forth in these Terms of Use, Tellus grants You a nonexclusive, non-transferable, limited right to access, use and display this Website and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Website in any manner. Unless otherwise specified, the Website is for Your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. THIRD PARTY CONTENT: The Website may make information of third parties available, (the "Third Party Content"). You acknowledge and agree that the Third Party Content is not created or endorsed by Tellus. The provision of Third Party Content is for general informational purposes only. By using any Third Party Content, You may leave this Website and be directed to an external website, or to a website maintained by another entity. If You decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. Tellus makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Tellus or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is
2 authorized to use any trademark, trade name, logo or copyright symbol of Tellus or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of Tellus and Tellus is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Tellus is not responsible for webcasting or any other form of transmission received from any linked site. Tellus is providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by Tellus in any manner of the website. NO WARRANTIES: This website, the information and materials on the site, and any software made available on the Website, are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. In spite of Tellus best endeavors, there is no warranty on behalf of Tellus that this Website will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you. LIMITATION OF DAMAGES: In no event shall Tellus or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if Tellus is expressly advised of the possibility of such damages. DISCLAIMER: The website may contain inaccuracies and typographical and clerical errors. Tellus expressly disclaims any obligation(s) to update this website or any of the materials on this website. Tellus does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Tellus reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Telluss may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner. LAWFUL AND / OR PROHIBITED USE OF THE WEBSITE: As a condition of Your use of the Website, You shall not use the Website for any purpose(s) that is unlawful or prohibited by the Terms of Use. You shall not use the Website in any manner that could damage, disable, overburden, or impair any Tellus server, or the network(s) connected to any Tellus server, or interfere with any other party's use and enjoyment of any services
3 associated with the Website. You shall not attempt to gain unauthorized access to any section of the Website, other accounts, computer systems or networks connected to any Tellus server or to any of the services associated with the Website, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Website. INDEMNITY: You agree to indemnify and hold harmless Tellus, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to Your use of this Website in any manner, including without limitation of the foregoing, any action You take which is in violation of the terms and conditions of these Terms of Use and against any applicable law. CHANGES: Tellus reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. Tellus may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any feature(s) of the Website, at any time. Tellus may also impose limits on certain features and services or restrict Your access to certain sections or all of the Website without notice or liability. You hereby acknowledge and agree that Tellus may terminate the authorization, rights and license given above at any point of time at its own sole discretion and upon such termination; You shall immediately destroy all Materials. INTERNATIONAL USERS AND CHOICE OF LAW: This Site is controlled, operated and administered by Tellus from its offices within the US and Vietnam. Tellus makes no representation that Materials on this Website are appropriate or available for use at any other location(s). Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. You are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree that the appropriate court(s) in Fort Lauderdale, Florida, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use and You hereby consent to personal jurisdiction in such forum. These Terms of Use constitutes the entire agreement between Tellus and You with respect to Your use of the Website. Any claim You may have with respect to Your use of the Website must be commenced within one (1) year of the cause of action. If any provision(s) of this Terms of Use is held by a court of competent jurisdiction to be contrary to law then such provision(s) shall be severed from this Terms of Use and the other remaining provisions of this Terms of Use shall remain in full force and effect.
4 PRIVACY STATEMENT Tellus has created this privacy statement in order to demonstrate our firm's commitment to privacy. The following discloses our information gathering and dissemination practices for We use your IP address to help diagnose problems with our server and/or to administer our Web site. This gives us an idea of which parts of our site users are visiting. We do not link IP addresses to anything personally identifiable. This means that a users session will be tracked, but the user will be anonymous. Our site's registration form requires you to give us contact information like your name and address. We use this contact information from the registration form to send you information about our company. Users may opt-out of receiving future mailings by choosing the unsubscribe option in the registration form. This site contains links to other sites. Tellus is not responsible for the privacy practices or the content of such Web sites. Security This site has security measures in place to protect the loss, misuse, and/or alteration of information under our control. The data resides behind a firewall, with access restricted to authorized Tellus personnel. Contacting the Web Site If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact Tellus. SEARCH ENGINE OPTIMIZATION, (SEO), SERVICES SEO is an ongoing process that must begin with a website that is SEO Ready. In order to be SEO Ready, the website must be fully integrated with SEO tools required to optimize the site. The SEO Services provided by Tellus on a monthly reoccurring basis, begin with the assumption that the website is SEO Ready. If a Client contracts with Tellus as the Vendor to provide SEO Services and the Client s website is not SEO Ready, Tellus will provide the Client with a proposal for custom web application development services to integrate the website with required SEO tools. Initiation of SEO Services is contingent upon the website being SEO Ready. Custom web application development services will be offered on a work for hire basis. The proposal will be provided to the Client in writing as an addendum to the Search Engine Optimization Agreement.
5 WORK FOR HIRE RATE SCHEDULE Tellus offers offshore development services. Our Offshore Team is available for development of Client software on a work for hire basis. Integration between our Offshore Team and our Client s internal resources will be facilitated by a local onshore resource employed by Vendor for this purpose. Fee section below. Concurrent Hourly Rate Overtime Rate National Holiday Resources per Member per Member Rate per Member Offshore Members $ $ $ Onshore Project Manager $ $ $
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