Tellinga Terms of Service

Terms of Service
Last updated: May 28, 2018
Please read these Terms of Service ("Terms", "Terms of Service")
carefully before using the https://www.tellinga.com/ website and the
Tellinga Mobile app mobile application (together, or individually, the
"Service") operated byTellinga ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your
acceptance of and compliance with these Terms. These Terms apply
to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these
Terms. If you disagree with any part of the terms then you do not have
permission to access the Service.
Purchases
If you wish to purchase any product or service made available through
the Service ("Purchase"), you may be asked to supply certain
information relevant to your Purchase including, without limitation,
your credit card number, the expiration date of your credit card, your
billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any
credit card(s)orother payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct
and complete.
The service may employ theuse ofthird party services for the
purpose of facilitating payment and the completion of Purchases. By
submitting your information, you grant us the right to provide the
information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for
reasons including but not limited to: product or service availability,
errors in the description or price of the product or service, error in your
order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
Availability,Errorsand Inaccuracies
We are constantly updating product and service offerings on the
Service. We may experience delays in updating information on the
Service and in our advertising onotherweb sites. The information
found on the Service may contain errors or inaccuracies and may not
be complete or current. Products or services may be mispriced,
described inaccurately, or unavailable on the Service and we cannot
guarantee the accuracy or completeness of any information found on
the Service.
Wetherefore reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior
notice.
Contests,Sweepstakesand Promotions
Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Service may be governed
by rules that are separate from these Terms & Conditions. If you
participate in any Promotions, please review the applicable rules as
well as our Privacy Policy. If the rules for a Promotion conflict with
these Terms of Service, the Promotion rules will apply.
Accounts
When you create an account with us, you guarantee that you are
above the age of 18, and that the information you provide us is
accurate, complete, and current at all times. Inaccurate, incomplete,
or obsolete information may result in the immediate termination of
your account on the Service.
You are responsible for maintaining the confidentiality of your account
and password, including but not limited to the restriction of access to
your computer and/or account. You agree to accept responsibility for
any and all activities or actions that occur under your account and/or
password, whether your password is with our Service or a third-party
service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity
or that is not lawfully available for use, a name or trademark that is
subject to any rights of another person or entity other than you,
without appropriate authorization. You may not use as a username
any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or
edit content, or cancelordersin our sole discretion.
Intellectual Property
The Service and its original content,featuresand functionality are and
will remain the exclusiveproperty ofTellinga and its licensors. The
Service is protected by copyright, trademark, and other laws of both
the United States and foreign countries. Our trademarks and trade
dress may not be used in connection with any product or service
without the prior written consentofTellinga.
Links To Other Web Sites
Our Service may contain links to thirdpartyweb sites or services that
are not owned or controlled byTellinga
Tellinga has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any thirdpartyweb sites or
services. We do not warrant the offerings of any of these
entities/individuals or their websites.
You acknowledge and agreethatTellinga shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or inconnection withuse of or reliance on any such
content, goods or services available on or through any such third
partyweb sites or services.
We strongly advise you to read the terms and conditions and privacy
policies of any thirdpartyweb sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the
Service immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including
but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue
using the Service.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations
of liability.
Indemnification
You agree to defend, indemnify and hold harmlessTellinga and its
licensee and licensors, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees), resulting from or arising out of a)
your use and access of the Service, by you or any person using your
account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shallTellinga, nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without
limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access
or use the Service; (ii) any conduct or content of any third party on the
Service; (iii) any content obtained from the Service; and (iv)
unauthorized access, use or alteration of your transmissions or
content, whether based on warranty, contract, tort (including
negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set
forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided
on an "AS IS" and "AS AVAILABLE" basis. The Service is provided
without warranties of any kind, whether express or implied, including,
but not limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement or course of performance.
Tellinga its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or otherharmfulcomponents; or d) the
results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or
the exclusion or limitation of liability for consequential or incidental
damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the
laws of Texas, United States, without regard to its conflict of law
provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is
held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service,
and supersede and replace any prior agreements we might have had
between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revisionismaterial we will provide at least 30
days notice prior to any new terms taking effect. What constitutes a
material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions
become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use
the Service.

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If you have any questions about these Terms, please contact us.

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Tellinga, LLC 2018

Houston, TX

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