General Terms of Use

 

Last updated: January 7, 2018

These General Terms of Use (“General Terms”) are a legal agreement between you (“you,” “your”) and Tellus, LLC (”Tellus,” “we,” “our” or “us”) and governs your use of Tellus’ web site (“Web Site”) and services, including mobile applications, web applications, software, hardware, publications, documentation, and other products and services (collectively, with our Web Site, the “Services”). If you are using the Services on behalf of a business, that business accepts these terms. By using any of the Services you agree to these General Terms and any policies referenced within. You also agree to any additional terms specific to Services you use (“Additional Terms”), which become part of your agreement with us. You should read all of our terms carefully.

• Terms of Use Agreement (for agencies). Access at www.[Link to Terms of Use Agreement] (coming soon)
• Business Associate Agreement. Access at www.[Link to Business Associate Agreement] (coming soon)

Electronic Communications

When you visit www.4tellus.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically via your visit to the Tellus Web Site. By agreeing to the terms described below, we will communicate with you by e-mail or by posting notices on the Tellus Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Tellus and/or Tellus software products will provide you with various communications statements, disclosures, notices, agreements, transaction confirmations, changes to terms and conditions, fee schedules, documents, and other information related to your account). You consent to receive these communications electronically (via email or download from Tellus or the Tellus software product to your computer or device) instead of in non-electronic (paper or similar hardcopy medium typically delivered by post or fax). Your consent will remain in effect until you opt-out to withdraw consent; see instructions below. You also agree that you will not receive additional non-electronic copy of the communications disclosed herein, unless specifically requested; see instructions below. Your consent covers all communications
related to any Service offered by Tellus, either now or in the future. We may, at our sole discretion, provide you with any Communications in non-electronic format, even if you have chosen to receive it electronically. To receive electronic communications from the Tellus platform, you must have:

    1. A device, such as a personal computer, capable of accessing the Internet. Your access to this disclosure verifies that your device meets this requirement.
    2. An Internet web browser, such as Internet Explorer 8.0 or higher, Chrome 4.0 or higher or Firefox 5.0 or higher, or as otherwise specified as a minimum browser version in Tellus product documentation which is capable of supporting 128 bit or higher SSL encrypted communications.
    3. Software that permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader version 10.0 or higher (available for downloading at http://get.adobe.reader). Your access to this page verifies that your device has the necessary software to permit you to receive and access PDF files.
    4. To retain a copy of electronic communications from Tellus, your device must have the ability to download and store PDF files.

To ensure uninterrupted communications, promptly notify us of any change in email address by following the instructions for changing your contact information on the Tellus Web Site by navigating to My Profile or by calling (833) 4TELLUS [(833) 483-5587] and speaking with a Tellus client services representative.

You may withdraw consent for electronic communications at any time by following the instructions for changing your contact information provided on the Tellus Web Site by logging in and navigating to My Profile or by calling (833) 4TELLUS [(833) 483-5587] and speaking with a client services representative.

To receive a non-electronic copy of a communication, please request it in one of the following ways: send an email message with your name and mailing address to support@4tellus.com or call us at (833) 4TELLUS [833-483-5587] and speak to a client services representative. Be sure to state that you are requesting a non-electronic copy of the communication, and specify which communication you are requesting, including the date. You may have to pay a fee for the Non-Electronic copy unless charging a fee is prohibited by applicable law.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Tellus Web Site is exclusively for business use as it relates to your relationship to Tellus, and your personal and other non-commercial use. Unless expressly permitted by Tellus, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, solutions/products or services obtained from the Tellus Web Site. Subject to any applicable terms and conditions in addition to these Terms, you may access or download information, software, solutions/products or services obtained from the Tellus Web Site only for business use as it related to your relationship with Tellus, your personal and other non-commercial use, provided you keep intact all copyright and other proprietary notices.

Copyright

All content provided on this site is owned by or licensed to Tellus and/or its affiliates (the “Tellus Content”) and protected by United States and international copyright laws. Tellus and its licensors retain all proprietary rights to the Tellus Content. The Tellus Content may not be reproduced, transmitted or distributed without the prior written consent of Tellus.

Trademarks

The Tellus trademarks, service marks, trade names and logos are trademarks of Tellus. All other trademarks contained herein are property of their respective owners. Any rights not expressly granted herein are reserved. The Tellus trademarks may not be copied, used or displayed without the prior written consent of Tellus.

License and Site Access

Tellus grants you a limited license to access and make personal use of the Tellus Web Site, subject to the General Terms. The Tellus Web Site and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Tellus. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of Tellus and/or its affiliates without the express written consent of Tellus. You may not use any meta tags or any other “hidden text” utilizing Tellus name or marks without the express written consent of Tellus. Any unauthorized use terminates the license granted by Tellus.

No Unlawful or Prohibited Use

As a condition of your use of the Tellus Web Site, you warrant to Tellus that you will not use the Tellus Web Site for any purpose that is unlawful or prohibited by these General Terms, conditions, and notices. You may not use the Tellus Web Sites in any manner which could damage, disable, overburden, or impair the Tellus Web Sites or interfere with any other party’s use of the Tellus Web Sites. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the Tellus Web Sites.

Links to Third Party Sites/Business Relationships

Tellus makes no representations whatsoever about any other web site which you may access through the Tellus Web Site. When you access a non-Tellus web site, even one that may contain the Tellus logo or other Tellus trademark, service mark or trade name, please understand that it is independent from Tellus and that Tellus has no control over the content on that web site. Additionally, the Tellus Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites may not be under the control of Tellus and Tellus is not responsible for the contents of any Linked Site not under Tellus control, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tellus is not responsible for any form of transmission received from any Linked Site. Tellus makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Linked Sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Tellus is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tellus of the site or any association with its operators. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TELLUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER FOR ANY USE OF THE LINKED SITES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE TELLUS WEB SITE IS PROVIDED BY TELLUS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TELLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE TELLUS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TELLUS WEB SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TELLUS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TELLUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE TELLUS WEB SITE (INCLUDING THE SOFTWARE), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. TELLUS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM OR CAUSE OF ACTION AROSE. NO ACTION OR PROCEEDING AGAINST TELLUS MAY BE COMMENCED MORE THAN ONE YEAR AFTER THE CLAIM ARISES.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are 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, or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Tellus reserves the right to 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.

Enforcement of Terms and Conditions

Tellus makes no representation that content provided is applicable or appropriate for use in all locations. These General Terms and conditions are governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these General Terms, you agree to file such action only in the state and federal courts located in the State of Florida, County of Broward. If any part of these General Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

Amendments and Modifications

Tellus reserves the right to amend the information, Services, and/or content of the Tellus Web Site, at any time without prior notice. The information and materials contained in the Tellus Web Site, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. We suggest that you check these terms periodically for changes.

These terms can be accessed from the link at the bottom of the Tellus Web Site pages. If you use the Tellus Web Site after we post changes to the terms, you accept the changed terms. Tellus expressly reserves the right to monitor any and all use of the Tellus Web Site.