Web Site Terms and Conditions of Use

1. User's Acknowledgement and Acceptance of Terms
VoiceLog LLC (referred to as "VoiceLog", "Us", "Our" or "We") provides the voicelog.com Web site and various related services (together referred to as this "Site") subject to your compliance with all of the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between Us (or your company). Furthermore, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms or conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use./p>

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH OUR SITE, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DOWNLOAD DOCUMENTS, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of August 10, 2003. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications or revisions. Your continued use of this Site after such modifications or revisions will constitute your knowledge and acceptance of the modified or revised Terms of Use and agreement to abide and be bound by the modified or revised Terms of Use.

As used in these Terms of Use, references to Our "Affiliates" include Our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

2. Description of Our Rights
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time without notice to you. We shall not be liable to you or any third-party should We exercise said right. Modifications may include, but are not limited to, changes in the State Verification Rules, Electric Utility Rules, Scam of the Month, or the third-party links that we maintain on Our Site. Any new features that We add to this Site shall also be subject to these Terms of Use. We reserve the right to change these general practices at any time, in Our sole discretion, with or without notice.

You understand and agree that temporary interruptions of the services available or offered through this Site may occur as normal events. You further understand and agree that We have no control over third-party networks you may access in the course of the use of this Site (even if We provide links to such networks), and therefore, delays and disruption of other network transmissions are completely beyond Our control.

VoiceLog assumes no responsibility regarding the accuracy of the information that is provided by the Site and use of such information is at the recipient's own risk. You understand and agree that this Site is provided "AS IS" with no warranties whatsoever, express or implied, and your use thereof is at your own risk.

3. Registration Data and Privacy
In order to download specific documents on this Site, you will be required to complete Our online registration form, which requests certain information and data ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate.

You also grant Us the right to disclose to certain third-parties specific Registration Data about you. The information We obtain through your use of the Site, including your Registration Data, is subject to Our Privacy Policy, which can be accessed through the link at the bottom of the Site's Home Page, and which is specifically incorporated by reference into these Terms of Use.

4. Conduct on Site
Your use of the Site is subject to all applicable laws and regulations. You shall not interfere with anyone else's use and/or enjoyment of this Site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You understand and acknowledge that We will cooperate fully with investigations of violations of systems or network security at this Site and other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Third-Party Sites and Information
This Site may link to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third-parties. These sites may contain information or materials that some people may disagree with or find inappropriate or even offensive. These other sites and parties are not under Our control, and you acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are We responsible for errors or omissions in any references to other parties or their products and/or services. The inclusion of such a link or reference is provided merely as a convenience to the people who access Our Site. Likewise, We are not associated with or in control of third-party sites that contain links to this Site. In no way does either of these circumstances imply endorsement of, or association with, the Site or party by Us, or any warranty of any kind, either express or implied.

6. Intellectual Property Information
Copyright © 2003 VoiceLog LLC -- All Rights Reserved.

For purposes of these Terms of Use, "Content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on Our Site.

By accepting these Terms of Use, you acknowledge and agree that all Content presented to you on this Site is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws, and is the sole property of VoiceLog and/or its Affiliates. You are only permitted to use the Content as expressly authorized by Us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site (or any information substantially similar to this Site) in any form or by any means without prior written permission from Us or the specific Content provider (except specifically authorized document downloads), and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site. Any unauthorized use of the Content appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Neither We nor Our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that Content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. By furnishing Registration Data, VoiceLog does not grant any licenses to any trademarks, copyrights, patents or any other intellectual property rights.

The following are registered trademarks and/or service marks or common law trademarks and/or service marks of VoiceLog or its Affiliates: VOICELOG (with or without Our distinctive logo design) and INBOUND THAT DELIVERS. All custom graphics, icons, logos and service names are registered trademarks and/or service marks, common law trademarks and/or service marks of VoiceLog or its Affiliates. All other trademarks or service marks are property of their respective owners. Unless expressly granted herein, nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of VoiceLog or its Affiliates.

7. User's Materials
Subject to Our Privacy Policy (which may be accessed by a link at the bottom of the Home Page to this Site), any communication or material that you transmit to this Site or to Us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant Us and Our designated licensees a non-exclusive, fully paid, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to Us in any circumstance.

We respect the intellectual property of others, and We ask you to do the same. If you or any user of this Site believes its copyright, trademark, or other property rights have been infringed by a posting on this Site, you or the user should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Information reasonably sufficient to permit Us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Us to locate the materials;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) ("DMCA"), Our Designated Agent for notice of claims of copyright infringement can be reached as indicated below.

Designated Agent for Claimed Infringement:
Cynthia Hamilton
VoiceLog LLC
18927 Premiere Court
Gaithersburg, Maryland 20879
(240) 921-2045
info@voicelog.com

You acknowledge and agree that upon Our receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE CONTENT AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE CONTENT, THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of Our Site and for the convenience of Our members, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any membership or other service offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such membership or other service and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MEMBERSHIPS, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability
We shall not be liable for any claims arising out of these Terms of Use.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification
Upon a request by Us, you agree to defend, indemnify, and hold Us and Our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of this Site. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Us in asserting any available defenses.

11. Participation in Promotions
This Site may include links to third parties that, from time to time, may advertise or promote other services. You may enter into correspondence with or participate in promotions of the advertisers that are linked to this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the third-party advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

12. International Use
Although this Site may be accessible worldwide, We make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

13. Governing Law
This Site (excluding any linked sites) is controlled by Us from Our offices within the state of Maryland, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of the state of Maryland, by accessing this Site, both of Us agree that the statutes and laws of the state of Maryland, without regard to the conflict of laws principles thereof will apply to all matters relating to the use of this Site. Each of Us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Circuit Court for Montgomery County, Maryland and the United States District Court for the District of Maryland, whichever venue is more appropriate with respect to such matters.

14. Notices
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to Us must be sent to the attention of Customer Service at [e-mail address], if by e-mail, or at VoiceLog LLC, 18927 Premiere Court, Gaithersburg, Maryland 20879, if by conventional mail. Notices to inform you of changes to the Site or other matters of importance, will be broadcast to you through the Site and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.

15. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between Us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and Us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

16. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party (or the substantially prevailing party if there is more than one claim adjudicated) will be entitled to costs and attorneys' fees. Any cause of action brought by you against Us or Our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign Our rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, We shall be excused from liability for the nonfunctioning of Our Site arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including but not limited to, war, acts of terrorism and events related to such acts, fire, flood, accident, adverse weather, inability to secure transportation, insurrections, riots, or civil commotions, strikes, lockouts, or other labor disturbances; acts of God; or acts, omissions, or delays in acting by any governmental authority, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by Us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Sections 1, 3-4, 6-10, 13, 15-16 of these Terms of Use shall survive any termination.