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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