Telespher Global

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TERMS & CONDITIONS 

We appreciate your interest in TeleSpher Global. This document outlines the Terms of Use for the TeleSpher Global Software and the website found at www.TeleSpherGlobal.com, along with any associated websites, mobile applications, services, and platforms. Please review these terms attentively. Please note that by using TeleSpher Global, you confirm that you are at least 18 years old and that you do not have any pirated or illegal content on your computer. This Agreement is a legal agreement between TeleSpher Global LLC (referred to as "we," "us," or "TeleSpher Global ") and you (referred to as "you" or "your"), as an authorized user of any product or service provided by TeleSpher Global, collectively known as the "Services" or "TeleSpher Global ." These terms govern your use of the Services and are subject to the Terms of Use, Privacy Policy, and any operational guidelines or policies that we may publish or distribute from time to time. You also acknowledge that your use of TeleSpher Global's products or services may be governed by separate agreements between you, your organization, and TeleSpher Global. If you do not agree with these Terms of Use, please refrain from visiting, accessing, or using the TeleSpher Global website and services. By accessing or using the TeleSpher Global site and services, you are confirming your acceptance of this Agreement, and you represent and warrant that you have the authority, capacity, and right to enter into this Agreement personally, and on behalf of your company if applicable, binding you and your company to the terms herein. 

  1. Changes to Terms of Use

We retain the right, at our sole discretion, to modify these Terms of Use at any time, with updates available at http://www.TeleSpher Global .com/terms. We will provide notice on the TeleSpher Global Website ten (10) business days prior to the effective date of the updated Terms of Use. Your continued use of TeleSpher Global after such updates will constitute your acceptance of any revised Terms of Use. 

  1. Accounts

To access specific features of the TeleSpher Global Website and Services, you must create an account with TeleSpher Global (referred to as a "Login Account") and provide the required information on the registration form. You confirm that (i) the information you submit during registration is accurate and truthful, and (ii) you will maintain the accuracy of this information and update it as needed. You can delete your Login Account at any time for any reason by following the instructions on the site. TeleSpher Global may suspend or terminate your Login Account according to the terms outlined in this Agreement. You are responsible for safeguarding the confidentiality of your Login Account login information (username and password) and are liable for all activities that occur under your Login Account, whether by you or others. You agree to promptly report any misuse, unauthorized access, or suspected unauthorized access to your Login Account or any other security breaches. TeleSpher Global is not responsible for any losses or damages resulting from your failure to comply with these requirements. 

  1. Content and Access

All content and materials on the TeleSpher Global Website, including text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as their arrangement, is the exclusive property of TeleSpher Global, its licensors, or content providers and is protected by copyright, trademark, and other relevant laws. This Agreement does not grant you a license to use the content and materials on the TeleSpher Global Website, Services, or any associated intellectual property rights. TeleSpher Global, its licensors, or content providers retain complete ownership of the content and materials on the TeleSpher Global Website, including all associated intellectual property rights. Trademarks, logos, and service marks displayed on the TeleSpher Global Website are registered and unregistered trademarks of TeleSpher Global, its licensors, content providers, or third parties. These trademarks and service marks are the property of their respective owners, and nothing on the TeleSpher Global Website should be interpreted as granting any license or right to use these trademarks, logos, or service marks without prior written permission from the owner. TeleSpher Global reserves all rights not expressly granted in the TeleSpher Global Website and its content and materials. The TeleSpher Global Website and all its content and materials, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as their arrangement, are protected as a compilation under the copyright laws of the United States and other countries. You shall not (i) license, sell, rent, lease, transfer, copy, assign, distribute, host, or otherwise commercially exploit the TeleSpher Global Website or the Services, (ii) modify, create derivative works, disassemble, reverse compile, or reverse engineer any part of the TeleSpher Global Website or the Services, including the underlying structure of any part, feature, function, or user interface of the TeleSpher Global Website or the Services, (iii) access the TeleSpher Global website or the Services to build a similar or competitive service, or perform performance or benchmark tests, (iv) use network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities, or users, (v) use any robot, spider, other automated software or device, or manual process to monitor or copy the TeleSpher Global Website or the Services, and (vi) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post, or transmit any portion of the TeleSpher Global Website or Services in any form or by any means. Any future release, update, or addition to functionality of the Website or the Services will be subject to the terms of this Agreement. All copyright, trademark, and other proprietary notices on any Website content and materials must be retained on any copies. 

  1. Modification

TeleSpher Global reserves the right, at any time, to modify, suspend, or discontinue the TeleSpher Global Website or the Services, or any part thereof, with or without notice. You agree that TeleSpher Global shall not be liable to you or any third party for any modification, suspension, or discontinuance of the TeleSpher Global Website or the Services, or any part thereof. 

  1. Feedback

Should you choose to share your ideas, suggestions, criticisms, or feedback regarding our Services (collectively referred to as "Feedback"), you consent to TeleSpher Global's use of this Feedback to enhance our Website and Services. You acknowledge that you will not be entitled to any compensation, including royalties, for any changes or improvements resulting from your Feedback. By providing Feedback, you grant TeleSpher Global an irrevocable, worldwide, royalty-free, fully paid, perpetual license to utilize, modify, translate, distribute, perform, display, import, sell, offer for sale, create, have created, and otherwise make use of the Feedback in any form, media, or technology, whether presently known or developed in the future, and to permit others to do the same. 

6.Third-Party Sites and Ads 

TeleSpher Global's Website may include links to third-party websites and advertisements from third parties (collectively known as "Third-Party Sites and Ads"). These Third-Party Sites and Ads are beyond TeleSpher Global's control, and TeleSpher Global is not responsible for them. TeleSpher Global offers these Third-Party Sites and Ads for your convenience and does not endorse, review, monitor, approve, warrant, or make any representations about them. You use Third-Party Sites and Ads at your own risk. When you access or reference a Third-Party Site or Ad, the terms and policies of the respective third party, including their privacy policy and data collection practices, apply. You should conduct any necessary investigations before engaging in any transactions related to these Third-Party Sites and Ads. To the maximum extent permitted by applicable law, you release and forever discharge TeleSpher Global and its affiliates, partners, directors, managers, officers, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, successors, and assigns from any and all disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action, past, present, or future, directly or indirectly arising from or related to interactions with other Site users or Third-Party Sites and Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." 

7.Notices and Contacts 

By using TeleSpher Global, you consent to receive all communications electronically, including agreements, notices, legally required disclosures, and other information related to TeleSpher Global. You also agree to allow TeleSpher Global to use your email address, physical address, instant messaging address, and other communication methods to send you commercial messages about promotions and offerings that may interest you. If you wish to stop receiving electronic notices, you can request withdrawal via email to contact@TeleSpher Global .com, and TeleSpher Global will honor your request within 10 business days. 

  1. DMCA Notice

In accordance with the Digital Millennium Copyright Act of 1998 (DMCA) Safe Harbor (17 U.S.C. § 512(c), if you believe that any content on this Website or the Services infringes a copyright you own or control, you may file a notice of infringement as per 17 U.S.C. § 512(c)(3) requirements with our designated agent at legal@TeleSpher Global .com. This legal notice may be sent to a third party for publication and annotation, and you may be responsible for any associated fees and charges. You must include specific information in your DMCA notice: (i) Identify the copyrighted work you claim has been infringed. (ii) Specify the location of the infringing material on the Site. (iii) Provide your contact information. (iv) Confirm your good faith belief that the use of the material is unauthorized by the copyright owner, agent, or law. (v) Make a statement, under penalty of perjury, that the information provided is accurate, and you are the copyright owner or authorized to act on their behalf. (vi) Include an electronic or physical signature of an authorized representative. UNDER FEDERAL LAW, KNOWINGLY MISREPRESENTING THAT ONLINE MATERIAL INFRINGES MAY RESULT IN CRIMINAL PROSECUTION AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. Please note that this process is for notifying us of copyright infringements. It does not constitute legal advice. Under the DMCA and other applicable laws, we reserve the right to terminate users who engage in repeated infringements and may limit access to the TeleSpher Global Website for any users who infringe intellectual property rights. 

  1. Credit Card Charges

If you or your organization have registered for a package that permits payment by credit card, you authorize TeleSpher Global to charge your credit card for platform-related fees specified in your package. If you registered for the 'Basic' or 'Free Trial' package, your credit card may be authorized or billed up to $1 to verify your billing information. You expressly waive the right to dispute or chargeback any such charges and agree not to attempt to reverse or dispute them. TeleSpher Global uses a third-party credit card processing company and may provide them with your credit card information. If any payment is not made on time, it may accrue a finance charge at a rate not exceeding the maximum permitted by law. 

  1. Recurring Fees

Registering for certain packages or programs may involve monthly fees billed to your credit card. These fees are charged on the monthly anniversary of your registration. You affirmatively consent to and authorize recurring billing of your credit card for the applicable fees, which will continue until you terminate the relevant package or program. 

  1. Auto-Recharge

Enabling the 'Auto-Recharge' feature in your Login Account's 'Billing Settings' authorizes TeleSpher Global to repeatedly charge your credit card for the duration Auto-Recharge is enabled. Auto-Recharge will automatically replenish your Login Account balance when it falls below the configured threshold for a predetermined amount. You explicitly authorize TeleSpher Global to adjust your recharge settings if necessary to prevent issues with your credit card issuer. The Auto-Recharge function can be disabled through your Login Account's 'Billing Settings. 

  1. Refund Policy

You acknowledge that deposits or payments made to TeleSpher Global are non-refundable. Once a deposit or payment is made, the funds are only available as account credit for platform usage. TeleSpher Global may consider a refund in the event of a system or clerical error, but any such refund is solely at TeleSpher Global's discretion. You agree to be responsible for any bank fees or charges incurred if TeleSpher Global issues a refund on your behalf. By making a deposit or payment to TeleSpher Global, you explicitly waive your right to dispute or chargeback, agreeing not to circumvent this Agreement in any way. 

  1. Know Your Customer

TeleSpher Global takes fraud prevention seriously and may require customers to provide various documentation to verify the accuracy of their billing information. This may include government-issued identification, address verification, billing information, phone confirmation, SMS confirmation, proof of address, or any other information deemed necessary by TeleSpher Global to comply with laws, regulations, vendor policies, self-regulatory organizations, bank requirements, or other similar obligations. "If you are unable or unwilling to furnish the requested information at any time, TeleSpher Global reserves the right to suspend services or terminate your Login Account. In such a case, you also agree to forfeit your TeleSpher Global balance. 

  1. Fines, Penalties, and Regulatory Fees

In situations involving misuse or abuse of the TeleSpher Global system or its telecommunications partners, TeleSpher Global, its associates, or regulatory authorities may impose fines or fees on your Login Account. You explicitly authorize TeleSpher Global to charge your default billing method for any such levied amounts. By accepting this Agreement, you assume full responsibility for any fines, penalties, or regulatory fees incurred by your Login Account. You agree to promptly pay these fines, penalties, or regulatory fees within 24 hours of notification. 

  1. Foreign Users

TeleSpher Global makes no representation or warranty regarding the suitability, legality, or availability of its Services or associated materials outside of the United States. If you access the Services from a foreign location, please be aware that the Services may reference or link to products and services that are not accessible or permitted in your jurisdiction. If you are a user residing in a foreign country, you affirm and warrant that (i) your interaction with TeleSpher Global is voluntary and initiated by you, (ii) you will not use the Services in a manner that violates any applicable local, state, or national laws or regulations of your country of residence, (iii) TeleSpher Global 's liability is subject to United States laws, (iv) your participation is governed by United States law and the arbitration and venue provisions outlined herein, and (v) you consent to your data being processed in the United States, in accordance with the Privacy Policy. You also agree to indemnify, defend, and hold TeleSpher Global harmless from any damages, fines, or penalties resulting from your use of the Services in your jurisdiction. 

  1. Acceptable Use Policy

By using or accessing the TeleSpher Global software platform, you commit to refraining from the following actions: Using Services in violation of applicable laws or regulations, including those related to data or software transmission. Employing Services for abusive, fraudulent, deceptive, or unauthorized data collection, distribution of malware, or unauthorized access to data, personal information, passwords, systems, or networks. Engaging in conduct that hampers others' use of TeleSpher Global Services or disrupts the Service or any network. Using another person's or entity's Login Account. Exporting materials from the Services, except as allowed by this Agreement, third-party obligations, and applicable law. Sending messages or making calls to recipients without proper authorization. Using Services in a manner that could harm, disable, overload, or disrupt our ability to provide Services to clients or end users. Utilizing crawling, scraping, or automated processes to access Services for any purpose not authorized through APIs. Reselling the Services. Attempting to evade automated compliance services to bypass restrictions designed to protect against advertising, marketing, or other activities that contravene anti-spam laws, the Telephone Consumer Protection Act, Do-Not-Call Implementation Act, Consumer Protection Acts, or similar legislation concerning telemarketing or consumer marketing. Using the Services to harass others, including transmitting unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, hoaxes, or any other form of unsolicited messages, whether commercial or otherwise. Engaging in deceptive advertising or misrepresenting products or services. Using click-to-call code. Transmitting unlawful, harassing, abusive, threatening, harmful, invasive of another's privacy, defamatory, false, fraudulent, intentionally misleading, libelous, pornographic, obscene, patently offensive, or otherwise objectionable material of any kind. Using the Services in connection with fraudulent or illegal activities, including actions that violate local, national, or international laws, regulations, or obligations imposed by third parties. Transmitting or receiving information protected by the Health Insurance Portability and Accountability Act of 1996 or any other privacy law without written authorization and certification from TeleSpher Global. Transmitting materials or information for which you do not have the right to transmit. Using the Services to support or facilitate illegal activities. Using the Services to collect or process credit card information or transmit emergency dialing or SMS. Transmitting or receiving any material that infringes on the intellectual property rights of third parties without proper authorization. Using the Services in violation of the Fair Housing Act or Title VIII of the Civil Rights Act of 1968. Using the Services for any campaign on our prohibited list. Acceptable Use Policy Resources: Federal Communications Commission Federal Trade Commission CAN-SPAM Act of 2003 FTC Compliance Guide Telephone Consumer Protection Act (TCPA) Rules Do-Not-Call Implementation Act National Do Not Call Registry Fair Housing Act TeleSpher Global takes violations of our Acceptable Use Policy and harassment claims seriously. To report a violation or seek assistance, please contact us immediately by clicking here. 

  1. Termination

Subject to any separate Master Services Agreement between you and TeleSpher Global, TeleSpher Global retains the right to terminate any Login Account, at its sole discretion, for any reason, at any time, without notice, compensation, or refund. By accepting this Agreement, you explicitly agree that TeleSpher Global may terminate your Login Account at any time, without notice, compensation, or refund. In the event of termination, you agree to honor any prior payments and settle any outstanding payables to TeleSpher Global. You further commit not to dispute or initiate a 'chargeback' with your credit or debit card issuer, and you authorize your issuer to assign liability for any transactions, disputes, or 'chargebacks' to you, resulting in the reimbursement of such funds to TeleSpher Global. Calls to phone numbers associated with a terminated Login Account become the property of TeleSpher Global, with no financial liability claims allowed. TeleSpher Global will not entertain number porting requests for Login Accounts terminated for any reason. 

  1. Telephone Number Porting

While TeleSpher Global provides Services, you may port telephone numbers into and/or out of the Service. However, you must provide prior written notice to TeleSpher Global before initiating any number porting. TeleSpher Global may assess reasonable port fees on a per-number basis in connection with the porting process. TeleSpher Global will deny any port request that lacks proper information as required by applicable law, and TeleSpher Global shall not be liable for any interruptions or postponements related to the Services or the use of telephone numbers resulting from your failure to comply with the terms of this Agreement. 

  1. Confidentiality

Definition of Confidential Information: "Confidential Information" encompasses nonpublic information related to the business, products, research, or development of TeleSpher Global, its affiliates, or subsidiaries. This includes technical data, trade secrets, know-how, research, product plans, customer lists, software, inventions, processes, technology, designs, marketing, finances, and other business information disclosed directly or indirectly by TeleSpher Global, its affiliates, or subsidiaries in writing, orally, or through inspection of premises or property. However, Confidential Information does not include information that you can demonstrate was publicly known or made generally available before disclosure, became publicly known after disclosure without your wrongful action or inaction, or was rightfully in your possession without confidentiality obligations at the time of disclosure. 

  1. Nonuse and Nondisclosure

You are required to maintain the strictest confidence and take reasonable precautions to prevent unauthorized use or disclosure of Confidential Information. You shall not use the Confidential Information for any purpose other than necessary for using the Services, nor shall you disclose it to any third party without prior written consent from an authorized representative of TeleSpher Global. You may disclose Confidential Information as compelled by applicable law, provided that you give prior written notice to TeleSpher Global and seek a protective order or similar confidentiality protection as available under the law. Your obligations under this section continue after the termination of this Agreement. 

  1. Noncompetitive Use

By using TeleSpher Global Services, registering for the TeleSpher Global Website, or purchasing any product or Services offered by TeleSpher Global, you certify, represent, warrant, and agree that you are not associated with a person or entity in direct competition with TeleSpher Global. This includes being an owner, employee, contractor, or engaging in any mutual understanding or contractual relationship, whether under their direction or acting independently. However, holding 1% or less of the stock of a publicly traded company is allowed. Violating this Agreement assigns unconditional ownership rights to TeleSpher Global for any financial benefit, clients, relationships, software, ideas, patents, trademarks, or intellectual property derived from information or skills learned using TeleSpher Global's Products or Services. By registering and using TeleSpher Global, you agree that you are authorized to enter into this Agreement and assign the preceding rights to TeleSpher Global. During this Agreement and for one (1) year following its expiration or termination, you shall not induce, solicit, or assist any third party in inducing employees or independent contractors of TeleSpher Global to end their employment or engagement with TeleSpher Global, with certain exceptions. 

  1. Disclaimers

THE SERVICES AND TELESPHER GLOBAL WEBSITE ARE PROVIDED BY TELESPHER GLOBAL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TELESPHER GLOBAL MAKES NO, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE TELESPHER GLOBAL SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TELESPHER GLOBAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TELESPHER GLOBAL DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAILS SENT FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS, SOME OR ALL OF SUCH EXCLUSION MAY NOT APPLY TO YOU, BUT THE FOREGOING DISCLAIMER OF WARRANTIES SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL TELESPHER GLOBAL OR ANY OF ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, MULTIPLE-OF-EARNINGS, GOODWILL, USE, LOSS OF DATA, OTHER INTANGIBLE LOSSES, DIMINUTION IN VALUE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES (EVEN IF TELESPHER GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THE TELESPHER GLOBAL WEBSITE, THE SERVICES AND/OR GOODS AND SERVICES OFFERED THEREBY, ANY DISCLOSURE OF INFORMATION PROVIDED TO TELESPHER GLOBAL (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF TELESPHER GLOBAL), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OFTELESPHER GLOBAL, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, THE OCCURRENCE OF A FORCE MAJEURE EVENT INCLUDING, ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, RIOTS, ACTS OF WAR, TERRORISM, INSURRECTION, REBELLION OR EMBARGO, OR CREDIBLE THREATS OF ANY OF THE ABOVE, AND/OR ANY OTHER MATTER RELATING TO THE SERVICES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL TELESPHER GLOBAL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE GREATER OF THE AMOUNT PAID FOR ANY SERVICES IN QUESTION DURING THE ONE MONTH PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR FIFTY U.S. DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

  1. Indemnification

You agree to indemnify, defend, and hold TeleSpher Global and its affiliates, officers, directors, employees, agents, and other entities mentioned harmless from any losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising from your use of Services, violation of the law, or breach of these Terms of Use and Privacy Policy. You are responsible for any losses, liabilities, expenses, damages, and costs resulting from a technical disruption of the Services or systems transmitting the Services caused by you. 

  1. Choice Of Law/Arbitration

This Agreement is governed by the laws of the State of Delaware. Any dispute arising concerning the interpretation, validity, or performance of this Agreement or its terms may be resolved through binding arbitration. The arbitration shall take place in Delaware and be conducted in accordance with prevailing rules. The arbitrator shall apply Delaware substantive law and evidentiary law, but shall not have the power to award punitive or exemplary damages. The parties understand that binding arbitration means giving up the right to trial by a court or jury and any rights of appeal. Pending the resolution of any arbitration proceeding, either party may seek provisional remedies through a court of competent jurisdiction. The exclusive venue for any suit or proceeding related to this Agreement shall be the appropriate federal or state court in Delaware. 

  1. Prior Notice of Claim

For any disputes with TeleSpher Global or regarding the Services, you must first provide TeleSpher Global with written notification. If TeleSpher Global does not resolve the dispute within 30 days, you may pursue your dispute through arbitration or in court. 

  1. SUBPOENA EXPENSES

If TeleSpher Global has to provide information in response to a subpoena related to your account, you may be charged for TeleSpher Global's costs, including attorney and employee time, and other expenses associated with complying with legal processes. 

  1. Entire Agreement

This Agreement serves as the comprehensive understanding between TeleSpher Global and you regarding your utilization of the TeleSpher Global Website and Services, except in cases where a Master Services Agreement has been established between you and TeleSpher Global. It supersedes any prior agreements if they exist. The titles of sections in this Agreement are included for convenience and do not hold any legal or contractual weight. The term "including" is used to convey that the inclusions are not limited. If one party waives a term or condition of this Agreement or any breach thereof on a single occasion, it does not waive that term or condition or any future breaches. In the event that any provision within this Agreement is deemed invalid, illegal, or unenforceable for any reason, this will not impact the other provisions of the Agreement. In such cases, the Agreement will be interpreted as if the invalid, illegal, or unenforceable provisions had never been included unless their removal would substantially alter the nature of the transactions outlined in the Agreement to the point of unreasonableness. TeleSpher Global and you are not considered agents, joint ventures, employees, or partners of each other. Your rights and obligations within this Agreement cannot be assigned, subcontracted, delegated, or transferred without the prior written consent of TeleSpher Global. Any attempted assignment, subcontract, delegation, or transfer in violation of this requirement will be deemed null and void. With the exception of the aforementioned conditions, the terms of this Agreement are binding on assignees. 

 

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