TimesTel Terms of Service and Member (User) Agreement

 

 

 

Welcome to www.TimesTel.com, the web site that is a venue for on-line professional consulting services. It’s a platform is where one can get precious expert advice. TimesTel is owned and operated by William John and Company, Govt. Of India Registered.

This is a legal agreement between you and William John and Company doing business as TIMESTEL.COM and hereinafter referred to as "TimesTel". If you accept this Member Sign-up Form, you will become a "Member" having access to the Site (Expert, Seller and Ad services) only under the policies, terms and conditions below.

TimesTel.com AND TimesTel is one and the same thing.

This Agreement sets and contains all of the terms and conditions between a user of this site called Member and William John and Co. (TimesTel) by clicking on the “Yes” button and then on the “Continue” button to submit the Member registration form, a binding agreement will be executed between Member and Us. The Member should therefore read this Agreement carefully. If, however, you (the Member) do not agree to be bound by this Agreement, click on the “No” button. In such case you will not be able to register as a Member at TimesTel.

 

Definition of Service

TimesTel provides a platform where a Member can locate an Expert and ask for advice or services. TimesTel will enable Member to negotiate and communicate with Experts and to pay for services he or she will receive from such Experts. The specific features and functionality of the Site are to be determined solely by TimesTel and are subject to change or termination without notice. TimesTel makes no representation or warranty whatsoever as to the willingness or ability of any Expert to give advice, or that the Member shall find the advice given by an Expert satisfactory, or that it will provide an adequate solution to his or her question, or otherwise be suitable to his or her needs. Member is encouraged to verify the skills, degree and background of those Experts from whom he or she receives or contemplates to receive advice or services.

 

Member Warranties

By submitting the Member registration form, the Member warrants and declares the following:

 

1         He or she is at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person or entity that is submitting a Member registration, and that he or she is authorized to sign the registration form on its behalf and bind it;

 

2         The information furnished in the registration form is accurate, true and complete, and to maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.

 

3         Member will be solely and fully liable for all conduct, postings and transmissions that are made under his or her user name and password. The Member warrants and declares that while he or she is using TimesTel he or she will act according to the following rules:

 

4         Member will have the sole responsibility to verify the Expert's identity, qualifications, biographic information, licenses held, and other information delivered to him or her by an Expert.

 

5         TimesTel is not involved in any transactions between Member and Expert. TimesTel does not control the quality or relevance of the advice, whether the expert is qualified to provide the specific advice, whether the expert is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or transmissions through it by Members or Experts or advice. In addition, TimesTel cannot and will not make any effort to verify the identify of any of the Experts; 

 

6         Member agrees that any information or content that he or she posts or transmits or receives through TimesTel will not be considered confidential. Member grants TimesTel an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.

 

7         Member will not mislead Expert to believe that he or she will pay for a service or advice but will not act accordingly;

 

8         All interactions between Member and Expert will be billed through TimesTel regardless if the interaction is online or offline. Member agrees to abide by the pricing terms agreed upon with an Expert while utilizing TimesTel;

 

9         Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Expert’s feedback (rating) system on the Site. Currently only ratings for paid sessions of $1.00 and more will count towards the expert's public ratings and rating average. TimesTel may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings given for paid sessions with a fee lower than any newly set minimum fee. TimesTel also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system.

 

*** Member will be able to rate the one expert only once. Future sessions with the expert will not allow member to rate.

 

10      Member will not to interfere with or disrupt the TimesTel servers or networks connected to the Site; 

 

11      Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or forum postings.

 

12      Member will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;

 

13      Member will not disobey or breach this Agreement or any other applicable instructions conveyed by TimesTel and its officers;

 

14      Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;

 

15      Member will not upload, post, e-mail, transmit or otherwise make available any information or material that infringes upon a third party right, especially intellectual property rights;

 

16      Member will not upload, post, e-mail, transmit or otherwise make available any third party advertisements, including banner exchange services

 

17      Member will not upload post, e-mail, transmit or otherwise make available software viruses, Trojan horses, worms or any other malicious application.

 

18      TimesTel enables the transfer of files between Members and Experts. When opening such file attachments received from Experts it is the Member's responsibility to scan them with an anti-virus software application prior to opening them.

 

19      Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.

 

20      Member will not stalk, threaten or harass Experts or other Members or infringe upon or attempt to infringe upon their privacy.

 

21      Member will not upload, post, e-mail, transmit or otherwise make available any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.

 

22      TimesTel may review the Member's personal profile and amend any typing or spelling errors. TimesTel cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, TimesTel may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, TimesTel may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing TimesTel, including reliance on its accuracy, reliability or legality.

 

23      TimesTel will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between the Member and an Expert within seven (7) working days from the execution date of each transaction.

 

24      Members first interaction with expert it FREE until he or she is satisfied and ready to hire the expert to provide his or her service. Once member is hired it’s at the sole discretion of member for how much time to hire the expert.

 

25      Returning Members to expert will hire expert automatically after two minutes. This free time to expert is controlled by TimesTel and TimesTel is fully authorized to increase or decrease this but this change will be conveyed to the member.

 

26      Member is obligated to report to TimesTel in cases when he or she was billed directly by an Expert (i.e. not through TimesTel). Such report should include a description of the service that was rendered by the Expert and the price charged.

 

27      Time charges to Members are based on increments of a minute as measured on TimesTel's servers. Charges to Members are rounded up so that any part of a minute is considered a full minute of time charges. TimesTel's billing system is not fault-free or flexible; therefore TimesTel shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the Member thinks that a mistake has occurred he or she may send his or her complaint to billing@TimesTel.com

 

28      Member is responsible for maintaining the confidentiality of the means that were given to him or her in order to use the Site, including password, user name, etc, and is fully responsible for all activities that occur under such means. Member will immediately notify TimesTel of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. TimesTel encourages Member to change his or her password at least once a month.

 

29      Member does not have to furnish the information required for registration to TimesTel. However, without that information Member will not be able to use the services of TimesTel. William John and Co. is the sole owner of the information collected on this Site. TimesTel will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement.

 

30      In order to use TimesTel, both Members and Experts must first complete a registration form. During registration the Member is requested to furnish contact information, such as name and email address. This information may be used to contact the Member about the services on TimesTel in which he or she has expressed interest, and is also used as Member's login information. Member may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so TimesTel may provide a more personalized experience on the Site. In such case the Member may decide whether he or she wishes to provide such information or not.

 

31      The information furnished by the Member during the registration process will be kept in TimesTel's database. TimesTel will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and TimesTel will therefore not be liable for any direct, indirect, consequential or incidental damage that the Member may sustain due to unauthorized intrusion of the database.

 

32      The main purpose of TimesTel is to allow the Member to look for Experts that may give the Member advice or a service that he or she seeks. TimesTel does not screen or edit the content of communications between Experts and Members, but TimesTel may copy, transmit and review communications conducted by or through TimesTel for technical support and/or in order to uphold these Terms of Service. Such communications are personal and private unless both parties agree to additional distribution, for example by posting questions or services on the Public Board (described later). Currently, chat communications between the Member and TimesTel's servers are encrypted. Chat communications between the Expert and TimesTel's servers are also encrypted. Email and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.

 

33      TimesTel makes public bulletin boards available to its Members. The public boards allow Members to post questions or service requests that can be viewed by all Experts. Requests may be posted anonymously. A Member can also determine the length of time he or she wishes to have his or her question remain “in view” on the public board. All postings, descriptions, etc. are public until Member enters into a personal negotiation with an Expert. All subsequent communications between the Member and Expert, including both the negotiation phase and the actual relaying of service, are not available to other TimesTel Members and Experts, and are confidential between Expert and Member. Chat and e-mail communications between Members and Experts are stored on TimesTel servers for a certain amount of time and available for review by Experts and, if a paid session, by Members. TimesTel uses IP addresses to analyze trends, administer the site, track a Member's movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the Member's experience when using the Site. TimesTel may also retain any emails, letters, or other correspondence between the Member and TimesTel to ensure quality control and the best possible service, although it has no obligation to do so.

 

34      TimesTel makes use of cookies to store information. A cookie is a piece of data stored on the Member's hard drive containing information about the Member. For instance, by accepting a cookie by TimesTel, the Member will not have to enter his or her login information (his or her email and password) every time he or she logs into his or her account, thereby saving time while on TimesTel. If the Member rejects the cookie, he or she may still use TimesTel; Member will simply have to login each time he or she visits the Site. Cookies can also be used to enable TimesTel to track and target the interests of the Member in order to enhance his or her experience on TimesTel. Of course, if the Member shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Member's communications with Experts and TimesTel.

 

35      TimesTel may use the information furnished by the Member, as well as information that it collects regarding use patterns and transactions that are conducted through TimesTel, in order to improve TimesTel, to analyze statistical information regarding TimesTel, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally.

 

36      TimesTel may from time to time send e-mail advertisements to Members, whether the material is its own or is commercial information furnished by third parties. Member is given the opportunity to 'opt-out' of having his or her information used for purposes not directly related to TimesTel at the point when TimesTel asks for such information. TimesTel's registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Members can always choose to 'opt-out' by following the appropriate procedure from within the Member's TimesTel account.

 

37      Ratings and testimonials provided by Members on TimesTel are public and are identified by the Member's Screen Name. If the Member elects to use TimesTel's referral service for informing a friend about the Site, TimesTel asks the Member for the friend's name and email address. TimesTel will automatically send the friend a one-time email inviting them to visit the Site. TimesTel stores this information for the sole purpose of sending this one-time email. The friend may contact TimesTel at support@TimesTel to request the removal of this information from its database.

 

38      TimesTel reserves the right to partner with another party to provide specific services. When the Member signs up for these services, TimesTel will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.

 

39      TimesTel may assign, transfer, rent, sell or lease its database, without giving the Member any prior notice, to any other subsidiary of TimesTel's holding company, TimesTel's subsidiaries and, in any case of merger or bankruptcy to the surviving entity after such merger or bankruptcy or to any third party that will ratify TimesTel's privacy policy. TimesTel may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between TimesTel and the Member. In addition, TimesTel may disclose personally identifiable information to the Expert or to public authorities to deal with emergency situations or situations where the Member's safety may be in jeopardy.\

 

40      TimesTel may, in its discretion, create co-branded web sites with its partners. In such case the Member listings may appear in the co-branded site. Unless Member agrees otherwise, all personally identifiable information is stored solely by TimesTel. TimesTel does record an affiliate web site from which a visitor has linked to TimesTel. If a visitor registers to become an Expert and/or a Member, TimesTel may track the partner's name in order to further the relationships TimesTel has with its affiliates.

 

41      If a Member wishes to update his or her personally identifiable information, such as a mailing address, or if a Member no longer desires TimesTel's service, TimesTel will endeavor to provide a way to correct, update or opt-out of any of TimesTel's services. This can usually be done from within the Member's TimesTel account, or by emailing our Customer Support at support@TimesTel.com

 

 

Content

TimesTel may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, TimesTel operates bulletin boards pursuant to which Experts may answer questions regarding various topics. TimesTel does not warrant the validity, accuracy, or availability of the content and Expert advice and it will not be liable for any damages sustained due to reliance on such information or advice.

The information furnished by Experts is intended for general reference purpose only. The consultation with Experts via TimesTel cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Experts. Any information on TimesTel and information furnished by Experts is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE LIABILITY.

 

Links

TimesTel may contain links to web sites operated by third parties. TimesTel has no control over such sites and the information provided in them. The Member acknowledges and agrees that TimesTel is not responsible for the availability of such third party web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. The Member warrants and agrees that TimesTel will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party web sites. TimesTel encourages the Member to be aware when he or she leaves TimesTel and to read the privacy statements of each and every web site that collects personally identifiable information.

 

Advertisements

TimesTel may include in TimesTel advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser. 
The Member acknowledges and agrees that TimesTel is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The Member is wholly liable for all communications with advertisers and for all transactions subsequently executed.

 

Modifications and Termination of TimesTel

TimesTel reserves the right to modify or discontinue, temporarily or permanently, the services in TimesTel, with or without notice to Member. Member agrees that TimesTel shall not be liable to Member or any third party for any modification or discontinuance of TimesTel's services, or for any losses or damages that may result to Member from such discontinuation or interruption of service. 
TimesTel's services depend on various factors such as software, hardware and communications networks of TimesTel, its contractors and suppliers. Hence, TimesTel cannot guarantee that TimesTel's service will be uninterrupted or that it will be timely, secure or error-free.


TimesTel, in its sole discretion and for any reason, may terminate Member's participation in TimesTel and refuse any and all current or future use by Member of TimesTel.

 

Intellectual Property

TimesTel is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in TimesTel and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.

TimesTel contains copyrighted material, trade secrets and proprietary information owned by TimesTel. This Agreement does not grant the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of TimesTel. The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of TimesTel. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in TimesTel.

 

The Member may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of TimesTel's and TimesTel, or take any other action that infringes upon or impairs TimesTel's trademark rights. 
TimesTel shall retain all ownership in and to TimesTel and all content displayed on the TimesTel including copies of data transferred or received by Member through the Site.

 

Copyright Policy:

TimesTel respects the intellectual property of others, and we ask our users to do the same. TimesTel may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TimesTel's Copyright Agent the following information:

-         An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

-         A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

-         A description of where the material that you claim is infringing is located on the site, including the URL;

-         Your address, telephone number, and email address;

-         A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

-         A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

 

TimesTel's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By email:  copyright@TimesTel.com

 

Limited License

TimesTel grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement.

 

Disclaimer of Warranty and Limitation of Liability

THE MEMBER ACKNOWLEDGES AND AGREES THAT TimesTel IS PROVIDED “AS IS”, AND THEREFORE HE WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS TimesTel IN RESPECT TO TimesTel'S PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF TimesTel IS AT THE MEMBER'S SOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

TimesTel EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY EXPERTS. IF A MEMBER DECIDES TO RELAY INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE USE OF TimesTel, HE MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS TimesTel, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE HE DECIDES TO RECEIVE AND/OR RELAY FURTHER. TimesTel WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH TimesTel. THE SALE OR PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER'S SOLE RISK.

UNDER NO CIRCUMSTANCES WILL TimesTel, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT. TimesTel, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS' AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH TimesTel IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT TimesTel DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR HIS SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD TimesTel HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.

TimesTel WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN EXPERT. 
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH TimesTel, THE MEMBER HEREBY RELIEVES TimesTel, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

 

Interactions with Mental Health Professionals and other Experts

If a Member chooses to interact with a mental health professional (the term “mental health professional” includes, but is not limited to, psychiatrists, psychologists, therapists, counselors and social workers) on the Site, the Member relationship (as with all other experts) is strictly with the mental health professional and TimesTel is not involved in any way with the substance of that relationship or the advice or information given therein. TimesTel does not endorse or recommend any mental health professional or other expert on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional and other experts with the applicable state licensing Board or authorities in the expert’s state or country.

Member acknowledges that neither the mental health professionals on the Site nor other experts are employees or agents of TimesTel nor TimesTel assumes no responsibility for any act or omission of any mental health professional or other expert. Member understands and agrees that, although a mental health professional or other expert may have been accessed through the Site, TimesTel cannot predict or assess the competence of, or appropriateness for Member's needs, of the mental health professional or other expert. Member also understands that Member takes full responsibility for the decision to access a mental health professional or other expert through the Site and to continue to interact with the mental health professional or other expert, and that the role of TimesTel is strictly limited to providing access to mental health professionals and other experts and their services for Member's consideration.

Member hereby releases and agrees to hold harmless TimesTel, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of mental health professionals or other experts accessed through the Site.

The content on the Site is provided for general information purposes only and is not intended in any way to be a substitute for face-to-face professional advice.

 

IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE
A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY
CALL 101 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR
COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL
SERVICES.

 

Opinions of the mental health professionals and other experts are solely their opinions, and not those of TimesTel. TimesTel does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information of the mental health professionals or other experts. TimesTel does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by an Expert.

 

Indemnification

Member shall indemnify, defend and hold harmless TimesTel, and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against TimesTel or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Expert; or (c) any materials that Member had posted to TimesTel or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member.

 

Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.

 

No Assignment

Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of TimesTel. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.

 

Modifications to this Agreement

TimesTel may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.

 

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in New York, New York. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between TimesTel and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by TimesTel with respect to the subject matter except as set forth herein. TimesTel services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States.

No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

 

Violation

The Member may report any violation of this Agreement to legal@TimesTel.com

 

Last Updated: May 1, 2008