Website Terms of Use Agreement
Website
Terms of Use and Policies
Introduction
Welcome to toneee.com. This site is provided
by toneee.com, LLC (referred to throughout
this site as "toneee.com", "we",
"us", and "toneee.com")
as a service to our customers. Please review
the following basic rules that govern your
use of the toneee.com site. (the "Agreement").
Please note that your use of the toneee.com
site (the "Site") constitutes
your unconditional agreement to follow and
be bound by this TOU Agreement (referred
to throughout this site as "TOU").
Although you may "bookmark" a
particular portion of this Site and thereby
bypass this Agreement, your use of this
Site still binds you to this TOU Agreement.
toneee.com reserves the right to update
or modify this TOU Agreement at any time
without prior notice to you. Your use of
the Site following any such change constitutes
your unconditional agreement to follow and
be bound by this TOU Agreement as changed.
For this reason, we encourage you to review
this TOU Agreement whenever you use this
Site.
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Acceptance
of Terms
The services that Toneee.com provides to
you are subject to the following Terms of
Use ("TOU"). Toneee.com reserves
the right to update the TOU at any time
without notice to you. The most current
version of the TOU can be reviewed by clicking
on the "Terms of Use" hypertext
link located at the bottom of our Web pages.
NOTICE SPECIFIC TO DOCUMENTS
AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white
papers, press releases, datasheets and FAQs)
from the Services is granted, provided that
(1) the below copyright notice appears in
all copies and that both the copyright notice
and this permission notice appear, (2) use
of such Documents from the Services is for
informational and non-commercial or personal
use only and will not be copied or posted
on any network computer or broadcast in
any media, and (3) no modifications of any
Documents are made. Accredited educational
institutions, such as K-12, universities,
private/public colleges, and state community
colleges, may download and reproduce the
Documents for distribution in the classroom.
Distribution outside the classroom requires
express written permission. Use for any
other purpose is expressly prohibited by
law, and may result in severe civil and
criminal penalties. Violators will be prosecuted
to the maximum extent possible.
Documents specified above do not include
the design or layout of the Toneee.com.com
Web site or any other Toneee.com owned,
operated, licensed or controlled site. Elements
of Toneee.com Web sites are protected by
trade dress, trademark, unfair competition,
and other laws and may not be copied or
imitated in whole or in part. No logo, graphic,
sound or image from any Toneee.com Web site
may be copied or retransmitted unless expressly
permitted by Toneee.com.
TONEEE.COM AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED AS PART OF
THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. TONEEE.COM
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL TONEEE.COM AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. TONEEE.COM AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
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Description
of Services
Through its network of Web properties, Toneee.com
provides you with access to a variety of
resources, including developer tools, download
areas, communication forums and product
information (collectively "Services").
The Services, including any updates, enhancements,
new features, and/or the addition of any
new Web properties, are subject to the TOU.
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Personal
and Non-Commercial Limitation
Unless otherwise specified, the Services
are for your personal and non-commercial
use. You may 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 the Services.
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Notice
specific to software available on this web
site
Any software that is made available to download
from the Services ("Software")
is the copyrighted work of Toneee.com and/or
its suppliers. Use of the Software is governed
by the terms of the end user license agreement,
if any, which accompanies or is included
with the Software ("License Agreement").
An end user will be unable to install any
Software that is accompanied by or includes
a License Agreement, unless he or she first
agrees to the License Agreement terms.
The Software is made available for download
solely for use by end users according to
the License Agreement. Any reproduction
or redistribution of the Software not in
accordance with the License Agreement is
expressly prohibited by law, and may result
in severe civil and criminal penalties.
Violators will be prosecuted to the maximum
extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
TONEEE.COM CORPORATION HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, TONEEE.COM MAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN
ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. TONEEE.COM DOES
NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES
OR IN TONEEE.COM SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software
which is downloaded from the Services for
or on behalf of the United States of America,
its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted
Rights. Use, duplication, or disclosure
by the U.S. Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at
48 CFR 52.227-19, as applicable. Manufacturer
is Toneee.com, LLC; 2625 Piedmont Rd NE;
Ste 56-165; Atlanta, GA 30324-3086.
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Notice specific
to documents available on this site
Permission to use Documents (such as white
papers, press releases, datasheets and FAQs)
from the Services is granted, provided that
(1) the below copyright notice appears in
all copies and that both the copyright notice
and this permission notice appear, (2) use
of such Documents from the Services is for
informational and non-commercial or personal
use only and will not be copied or posted
on any network computer or broadcast in
any media, and (3) no modifications of any
Documents are made. Accredited educational
institutions, such as K-12, universities,
private/public colleges, and state community
colleges, may download and reproduce the
Documents for distribution in the classroom.
Distribution outside the classroom requires
express written permission. Use for any
other purpose is expressly prohibited by
law, and may result in severe civil and
criminal penalties. Violators will be prosecuted
to the maximum extent possible.
Documents specified above do not include
the design or layout of the Toneee.com.com
Web site or any other Toneee.com owned,
operated, licensed or controlled site. Elements
of Toneee.com Web sites are protected by
trade dress, trademark, unfair competition,
and other laws and may not be copied or
imitated in whole or in part. No logo, graphic,
sound or image from any Toneee.com Web site
may be copied or retransmitted unless expressly
permitted by Toneee.com.
TONEEE.COM AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED AS PART OF
THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. TONEEE.COM
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL TONEEE.COM AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. TONEEE.COM AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
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Use of this Site
By accepting this TOU Agreement through
your use of the Site, you certify that you
are 18 years of age or older. If you are
under the age of 18 but at least 13 years
of age you may use this Site only under
the supervision of a parent or legal guardian
who agrees to be bound by this TOU Agreement.
We do not intentionally collect personal
information about children under the age
of 13. Children under the age of 13 may
not use this Site and parents or legal guardians
may not agree to this TOU Agreement on their
behalf. If you are a parent or legal guardian
agreeing to this TOU Agreement for the benefit
of a child between the ages of 13 and 18,
be advised that you are fully responsible
for his or her use of this Site, including
all financial charges and legal liability
that he or she may incur. If you do not
agree to (or cannot comply with) any of
these terms and conditions, do not use this
Site. All billing and registration information
provided must be truthful and accurate.
Providing any untruthful or inaccurate information
may constitute a breach of this TOU Agreement.
By confirming your purchase at the end of
the checkout process, you agree to accept
and pay for the item(s) requested.
All materials, including
images, text, illustrations, designs, icons,
photographs, programs, video clips and written
and other materials that are part of this
Site (collectively, the "Contents")
are intended solely for personal, non-commercial
use. You may download or copy the Contents
and other downloadable materials displayed
on the Site for your personal use only.
No right, title or interest in any downloaded
materials or software is transferred to
you as a result of any such downloading
or copying. You may not reproduce (except
as noted above), publish, transmit, distribute,
display, modify, create derivative works
from, sell or participate in any sale of
or exploit in any way, in whole or in part,
any of the Contents, the Site or any related
software. All software used on this Site
is the property of toneee.com or its suppliers
and protected by U.S. and international
copyright laws. The Contents and software
on this Site may be used only as an informational
resource. Any other use, including the reproduction,
modification, distribution, transmission,
republication, display, or performance,
of the Contents on this Site is strictly
prohibited. The toneee.com name and logo,
"move @ the speed of business",
and PortfolioDelivery, are trademarks, registered
trademarks, and or servicemarks of toneee.com.
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Site Security
Users are prohibited from violating or attempting
to violate the security of the Site, including,
without limitation, (a) accessing data not
intended for such user or logging onto a
server or an account which the user is not
authorized to access; (b) attempting to
probe, scan or test the vulnerability of
a system or network or to breach security
or authentication measures without proper
authorization; (c) attempting to interfere
with service to any user, host or network,
including, without limitation, via means
of submitting a virus to the Site, overloading,
"flooding," "spamming,"
"mailbombing" or "crashing;"
(d) sending unsolicited email, including
promotions and/or advertising of products
or services; or (e) forging any TCP/IP packet
header or any part of the header information
in any email or newsgroup posting. Violations
of system or network security may result
in civil or criminal liability. We will
investigate occurrences that may involve
such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting
users who are involved in such violations.
You agree not to use any device, software
or routine to interfere or attempt to interfere
with the proper working of this Site or
any activity being conducted on this Site.
You agree, further, not to use or attempt
to use any engine, software, tool, agent
or other device or mechanism (including
without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate
or search this Site other than the search
engine and search agents available from
toneee.com on this Site and other than generally
available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer).
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Order Acceptance
Please note that there may be certain orders
that we are unable to accept and must cancel.
We reserve the right, at our sole discretion,
to refuse or cancel any order for any reason.
For your convenience, you will not be charged
until your payment method is authorized,
the order information is verified for accuracy
and your order is shipped. Some situations
that may result in your order being canceled
include limitations on quantities available
for purchase, inaccuracies or errors in
product or pricing information, or problems
identified by our credit and fraud avoidance
department. We may also require additional
verifications or information before accepting
any order. We will contact you if all or
any portion of your order is canceled or
if additional information is required to
accept your order. If your order is canceled
after your credit card has been charged,
we will issue a credit to your credit card
in the amount of the charge.
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Pricing Information
While we strive to provide accurate product
and pricing information, pricing or typographical
errors may occur. We cannot confirm the
price of an item until after you order.
In the event that an item is listed at an
incorrect price or with incorrect information
due to an error in pricing or product information,
toneee.com shall have the right, at our
sole discretion, to refuse or cancel any
orders placed for that item. In the event
that an item is mispriced, toneee.com may,
at our discretion, either contact you for
instructions or cancel your order and notify
you of such cancellation.
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Linking
and Banner Usage
By electing to place a link to toneee.com
on your website, you acknowledge and agree
that you have no right to modify, change
or alter in any way toneee.com's trademarks
and other intellectual property, including,
but not limited to, the link to toneee.com.
Any modification, change, alteration or
similar action shall result in termination
of the right to place such link on your
website. You also acknowledge and agree
that you have no right to use any of toneee.com's
intellectual property except as contained
in the links provided in our Link area.
The right to place a link to toneee.com
may be terminated or revoked for any reason
whatsoever in the sole and absolute discretion
of toneee.com.
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Copyrights
and Trademarks
Use of this site confirms your acknowledgment
and understanding of our Proprietary
Rights Policy.
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User
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards,
suggestions, ideas, and other submissions
disclosed, submitted or offered to toneee.com
on or by this Site or otherwise disclosed,
submitted or offered in connection with
your use of this Site (collectively, the
"Comments") shall be and remain
toneee.com's property. Such disclosure,
submission or offer of any Comments shall
constitute an assignment to toneee.com of
all worldwide rights, titles and interests
in all copyrights and other intellectual
properties in the Comments.
Thus, toneee.com
will own exclusively all such rights, titles
and interests and shall not be limited in
any way in its use, commercial or otherwise,
of any Comments. toneee.com will
be entitled to use, reproduce, disclose,
modify, adapt, create derivative works from,
publish, display and distribute any Comments
you submit for any purpose whatsoever, without
restriction and without compensating you
in any way. toneee.com is and
shall be under no obligation (1) to maintain
any Comments in confidence; (2) to pay to
user any compensation for any Comments;
or (3) to respond to any user Comments.
You agree that any Comments submitted by
you to the Site will not violate this policy
or any right of any third party, including
copyright, trademark, privacy or other personal
or proprietary right(s), and will not cause
injury to any person or entity. You further
agree that no Comments submitted by you
to the Site will be or contain libelous
or otherwise unlawful, threatening, abusive
or obscene material, or contain software
viruses, political campaigning, commercial
solicitation, chain letters, mass mailings
or any form of "spam".
We do not regularly review
posted Comments, but does reserve the right
(but not the obligation) to monitor and
edit or remove any Comments submitted to
the Site. You grant toneee.com the right
to use the name that you submit in connection
with any Comments. You agree not to use
a false email address, impersonate any person
or entity, or otherwise mislead as to the
origin of any Comments you submit. You are
and shall remain solely responsible for
the content of any Comments you make and
you agree to indemnify toneee.com and its
affiliates for all claims resulting from
any Comments you submit. toneee.com and
its affiliates take no responsibility and
assume no liability for any Comments submitted
by you or any third party.
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Colors
Where products may be sold, we have made
every effort to display the colors of products
that appear on the Site as accurately as
possible. However, as the actual colors
you see will depend on your monitor, we
cannot guarantee that your monitor's display
of any color will be accurate.
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Indemnification
You agree to defend, indemnify and hold
harmless toneee.com and its affiliates from
and against any and all claims, damages,
costs and expenses, including attorneys'
fees, arising from or related to your use
of the Site.
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Termination
This TOU Agreement are effective unless
and until terminated by either you or toneee.com.
You may terminate this Agreement at any
time, provided that you discontinue any
further use of this Site. We also may terminate
this Agreement at any time and may do so
immediately without notice, and accordingly
deny you access to the Site, if in toneee.com's
sole discretion you fail to comply with
any term or provision of this Agreement.
Upon any termination of the Agreement by
either you or toneee.com, you must promptly
destroy all materials downloaded or otherwise
obtained from this Site, as well as all
copies of such materials, whether made under
the TOU or otherwise. toneee.com's right
to any Comments shall survive any termination
of this Agreement.
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Disclaimer
THIS SITE IS PROVIDED BY toneee.com ON AN
"AS IS" AND "AS AVAILABLE"
BASIS. toneee.com MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, toneee.com DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING,
toneee.com DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE
OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY
YOUR USE OF THE toneee.com WEB SITE, THAT
YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT
WARRANTY OFFERED BY THE MANUFACTURER OF
THE ITEM. THIS DISCLAIMER CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT. SOME STATES
DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU.
THE INFORMATION AND SERVICES
ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE
BY YOUR USE OF THIS SITE THAT toneee.com
AND ITS AFFILIATES AND AGENTS ASSUME NO
RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE
OR LOSS RELATING DIRECTLY OR INDIRECTLY
TO ANY ACTION OR INACTION YOU TAKE BASED
ON THE INFORMATION, SERVICES, OR OTHER MATERIAL
ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT
TO THE ADDITIONAL DISCLAIMERS AND CAVEATS
THAT MAY APPEAR THROUGHOUT THE SITE.
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Limitation
of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE, SHALL TONEEE.COM
OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE
LIABLE TO YOU OR TO ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING
OUT OF OR IN CONNECTION WITH THE USE OF
OR INABILITY TO USE THE TONEEE.COM WEBSITE,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, LOSS OF GOODWILL, LOSS OF
DATA, WORK STOPPAGE, ACCURACY OF RESULTS,
OR COMPUTER FAILURE OR MALFUNCTION, EVEN
IF AN AUTHORIZED REPRESENTATIVE OF TONEEE.COM
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL TONEEE.COM BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE FEES PAID BY YOU
IN CONNECTION WITH YOUR USE OF THE SITE
DURING THE SIX MONTH PERIOD PRECEDING THE
DATE ON WHICH THE CLAIM AROSE.
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General
This Agreement represents the complete agreement
between the parties and supersedes all prior
agreements and representations between them.
Headings used in this TOU Agreement are
for reference purposes only and in no way
define or limit the scope of the section.
If any provision of this Agreement is held
to be unenforceable for any reason, such
provision shall be reformed only to the
extent necessary to make it enforceable
and the other terms of this Agreement shall
remain in full force and effect. The failure
of toneee.com to act with respect to a breach
of this Agreement by you or others does
not constitute a waiver and shall not limit
toneee.com's rights with respect to such
breach or any subsequent breaches. This
Agreement shall be governed by and construed
under Georgia law without regard to conflicts
of law provisions. Any action or proceeding
arising out of or related to this Agreement
or your use of this Site must be brought
in the state or federal courts of Georgia
and you consent to the exclusive personal
jurisdiction of such courts.
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