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THAT! Interpreting Services of Deaf & Deaf-Blind, Inc. (also known as TISDDB) Service Agreement
Last Updated: July 2014

THANK YOU FOR CHOOSING TISDDB!

1. What the Contract Covers.

This is a contract between you and the TISDDB company referenced in section 20. Sometimes the TISDDB company referenced in section 20 is referred to as "TISDDB," "we," "us" or "our". This contract applies to any TISDDB user accounts or other TISDDB software or services, including updates, that display or link to this contract and that you use while this contract is in force. All of the software or services are referred to in this contract as the "service."

Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 10 and 11, and we ask you to read them carefully.

2. When You May Use the Service.

You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.

3. How You May Use the Service.

In using the service, you will:

  • obey the law;
  • obey any codes of conduct or other notices we provide;
  • obey the TISDDB Anti-spam Policy;
  • keep your service account password secret; and
  • promptly notify us if you learn of a security breach related to the service.

4. How You May Not Use the Service.

In using the service, you may not:

  • engage in, facilitate or further unlawful conduct;
  • use the service in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors;
  • use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
  • use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by TISDDB, or "meta-searching");
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
  • damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
  • resell or redistribute the service, or any part of the service.
  • set up accounts that will not be used for legitimate business reasons or what TISDDB was intended for; this includes but is not limited to: setting up illegitimate or incomprehensible account names, using illegitimate email addresses or anonymous email addresses, using for testing or reverse engineering purposes, using fake payment account information, and so on.

5. You Are Responsible For Your Service Account.

Only you may use your service account. For some parts of the service, you may choose to set up additional member accounts that are dependent on your account (an "associated account"). You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf except where TISDDB provides a mechanism for third parties to access the service on your behalf.

6. If You Are an Associated Account User.

If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your associated account.

7. If You Pay TISDDB.

7.1 Charges.

This section 7 applies in all situations in which you directly pay us. Even if you do not pay for TISDDB's service, you may still incur charges incidental to using TISDDB; for example, charges for Internet access, mobile text messaging, or other data transmission.

7.2 Payment.

Payments are to be made by mailing payments to P.O. Box 453, East Meadow, New York 11554. All payments are to be made payable to "TISDDB".

7.3 Updates to Your Billing Account.

You must keep all information in your billing account current with TISDDB. You may change your payment method at any time. If you tell us to stop using your payment method without providing an alternate payment method, we may deactivate your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.

7.4 Trial Period Offers.

You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must deactivate the service by the end of the trial period to avoid incurring charges. If you do not deactivate your service, and we have informed you that the service will automatically be converted into a paid service at the end of the trial period, then you authorize us to charge your payment method for the service.

7.5 Prices and Price Increases.

The price for the service excludes all taxes and charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, phone charges). Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.

If you do not agree to these changes, then you must deactivate and stop using the service before the changes take place. If you deactivate your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you deactivated.

 

7.6 Refund Policies.

Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable, and the costs of any returns or chargebacks will be at your expense.

7.7 Online Statement; Errors.

We will provide you with an online invoice statement. This is the only invoice statement that we provide. Click here to view, print or request a paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.

7.8 Deactivating the Service.

You may deactivate the service at any time, with or without cause. Click here to obtain information on deactivating your service. Your billing accounts cannot be deactivated while there are payments to a Provider pending or invoices, from a Provider, submitted to you, the Client, that are still pending.

7.9 Late Payments.

Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or deactivate your service if you fail to pay in full on time.

7.10 Internet Access Service.

The TISDDB service does not include Internet access.  You are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service.

You also will pay any additional charges you incur if you connect to the TISDDB service through a mobile device, whether you are in a country that is or is not the country associated with your mobile account ("roaming charges"). Roaming charges are in addition to any long distance telephone charges you may incur when connecting to the TISDDB from another country. Please check the service information area to view the current rates for roaming charges. You may also incur additional charges if your usage of the service exceeds the number of hours covered by your mobile service plan. If you incur any extra charges, then you must pay them. We will not reimburse you for them.

8. Client’s Dealings with Others.

When you obtain anything from an interpreter (including third-party offered services) through TISDDB, you understand that your relationship with respect to those things is solely with TISDDB. In the event you assert a claim that relates to or implicates your relationship with an interpreter or third party outside of TISDDB, you shall only assert such claim against the interpreter or third party, and you will not assert any such claim against TISDDB, even if TISDDB assisted in billing for the interpreter or third-party. You are solely responsible for your dealings with any interpreter or third party outside of TISDDB, including:

  • delivery of and payment for goods and services;
  • processing and verifying requests, invoices, payments and other transactions;
  • customer support related to assignments or transactions (e.g., lost requests, lost invoices, “no-shows” (either Client or Provider not showing up for an assignment), billing disputes, payments, etc.);
  • determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions; and
  • the purchase and use by you and your associated accounts of any third-party products and services.

9. Client Privacy.

In order to operate and provide the service, we collect certain information about you. We use and protect that information as described in the TISDDB Online Privacy Statements, for Clients. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of TISDDB or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of TISDDB employees, customers or the public.

The service is a private computer network that TISDDB operates for the benefit of itself and its customers. TISDDB retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service.

In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the privacy policy for Clients.

Personal information collected through the service may be stored and processed in the United States or any other country in which TISDDB or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country. TISDDB abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection.

10. How We May Change the Contract.

If we change this contract, then we will tell you when the change takes place. If you do not agree to these changes, then you must contact us to deactivate your account and you must stop using the service. Should you choose to deactivate your account, you are responsible for, and must pay for, any services that are pending under the user account.  If you do not stop using the service, then your use of the service will continue under the changed contract.

11. WE MAKE NO WARRANTY.

We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, resellers, distributors and vendors (collectively, the "TISDDB parties") give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

12. LIABILITY LIMITATION.

You can recover from the TISDDB parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:

  • the service,
  • content (including code) on third party Internet sites, third party programs or third party conduct,
  • viruses or other disabling features that affect your access to or use of the service,
  • incompatibility between the service and other services, software and hardware,
  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

  • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
  • TISDDB knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

 

13. Changes to the Service; If We Deactivate the Service.

We may change the service or delete features at any time and for any reason. We may deactivate or suspend your service at any time. Our deactivation or suspension may be without cause and/or without notice. Upon service deactivation, your right to use the service stops right away. Once the service is deactivated or suspended, any data you have stored on the service may not be retrieved later. Our deactivation of the service will not alter your obligation to pay all charges made to your billing account. If we deactivate the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the deactivation.

14. Interpreting the Contract.

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

15. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

16. No Third Party Beneficiaries.

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

17. Claim Must Be Filed Within One Year.

Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

18. Your Notices to Us.

You may notify us as stated in the customer support or "help" area for the service here.

19. Notices We Send You; Consent Regarding Electronic Information.

This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may deactivate your service. We may provide required information to you:

  • by e-mail at the e-mail address you specified when you signed up for your service;
  • by access to a TISDDB web site that will be designated in an e-mail notice sent to you at the time the information is available; or
  • by access to a TISDDB web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.

 

20. Contracting Party, Choice of Law and Location for Resolving Disputes.

This contract is between you and TISDDB for your country or region.  If you live or your business is headquartered in Canada, or the United States, then you are contracting with THAT! Interpreting Services of Deaf & Deaf-Blind, Inc., P.O. Box 453, East Meadow, NY 11554, United States, and New York state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York City, New York, USA for all disputes arising out of or relating to this contract.

21. Intellectual Property. You agree not to infringe, misappropriate or injure the intellectual property rights of TISDDB or any third party.  Except for a limited license to use the services arising from the Client/Provider relationship, your use of TISDDB services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of TISDDB or others related to the services, which may be used only with TISDDB service unless expressly authorized by TISDDB. You agree that a violation of this section harms TISDDB, which cannot be fully redressed by money damages, and that TISDDB shall be entitled to immediate injunctive relief in addition to all other remedies available.

 

NOTICES

Copyright and Trademark Notices

All contents of the service are Copyright ©2017 THAT! Interpreting Services of Deaf & Deaf-Blind, Inc. and/or its suppliers, P.O. Box 453, East Meadow, NY 11554, U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. TISDDB, and/or other TISDDB products and services referenced herein may also be either trademarks or registered trademarks of TISDDB in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

Unsolicited Idea Submission Policy
Neither TISDDB nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when TISDDB’ products or marketing strategies might seem similar to ideas submitted to TISDDB.  So, please do not send your unsolicited ideas to TISDDB a division of or anyone at TISDDB. If, despite our request that you not send us your ideas and materials, you still send them, please understand that TISDDB makes no assurance that your ideas and materials will be treated as confidential or proprietary.

Potentially Unwanted Software

If you remove or disable "spyware," "adware" and other potentially unwanted software ("potentially unwanted software"), it may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer (such as where the other software installed the potentially unwanted software on your computer as a condition of your use of the other software). By using features of the service intended to help you remove or disable potentially unwanted software, it is possible that you will also remove or disable software that is not potentially unwanted software. If a feature of the service prompts you before removing or disabling potentially unwanted software, you are solely responsible for selecting which potentially unwanted software the service removes or disables. Before authorizing the removal of any potentially unwanted software, you should read the license agreements for the potentially unwanted software.

Financial Notice

TISDDB is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the service constitute an offer or solicitation to buy or sell any security. TISDDB does not endorse or recommend any particular financial products or services. Nothing contained in the service is intended to constitute professional advice, including but not limited to, investment or tax advice.

Respect Copyright

Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.

Support

Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.