Welcome to TalkRight. Please enter the Promotion Code you were provided. Promotion Code: TERMS OF USE Last updated on Feb 28, 2011 1. General These terms of use (“Terms of Use”) are for the 3D Communications, LLC (“3D Communications”) website located at www.talkright.us (the “Website”). By using this Website, you agree to be bound by the terms and conditions set forth in these Terms of Use. 2. Modifications Please read the following terms and conditions carefully before using this Website. You should review these Terms of Use regularly as they may change at any time at our sole discretion. Your continued use of this Website following the posting of changes to the Terms of Use constitutes acceptance of those changes. Modifications will be posted on the Website and the “last updated” date at the top of this web page will be revised. 3. Scope of Use The contents of this Website, such as text, graphics, images, animations, videos and/or any other information contained on this Website are for informational purposes only. Except as expressly set forth in these Terms of Use, you may not modify, reproduce, perform, or display (a) the content of the Website; (b) the design or layout of this Website, or individual sections of the design or layout of the Website; or (c) 3D Communications trademarks, service marks or logos, without 3D Communications’ prior written permission. Reliance on any information provided by 3D Communications or other visitors to the Website is solely at your own risk. By accessing the Website, you agree to (a) use the content of the Website solely for personal, informational, non-commercial purposes, (b) keep all copyright and other proprietary notices intact, and (c) ensure that any information about yourself that you provide to 3D Communications through the Website is accurate, complete and current. 3D Communications reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website at any time. 3D Communications may also impose limits on certain features of the Website or restrict access to any part or all of the Website without notice or penalty. 4. Rules of Conduct It is a violation of these Terms of Use for you to: (a) use this Website for illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of 3D Communications or its service providers; (b) transmit or distribute the proprietary information of another without the express permission of the owner of such right; (c) copy, sell, resell, or exploit for commercial purposes any portion of this Website; (d) use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any Website pages, content, or user information, except as expressly permitted by 3D Communications; (e) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code or trade secrets of the Website or of any software provided by 3D Communications or its licensors to use this Website; (f) intentionally forge headers, manipulate identifiers, use another’s user id or password without authorization, or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information; (g) transmit or distribute viruses or other malicious code; (h) collect user names and contact information and/or send unsolicited commercial communications (spam); (i) take any action that imposes an unreasonable or disproportionally large load on the Website’s infrastructure; or (j) assist or permit any persons in engaging in any of the activities described above. Each user of this Website, including you, agrees to abide by all security and safety measures established by 3D Communications or its affiliates, partners, or service providers. 5. Products & Services 3D Communications and its affiliates, members and subsidiaries are not authorized to do business in every jurisdiction. Information that 3D Communications publishes on this Website may contain references or cross-references to products, programs, or services that are not available in your state or country. Display of a product or service offering on this Website is not a guarantee that the item is currently available or that it will be available on this Website when you visit again. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of 3D Communications. Any description or reference to non-3D Communications products or services in this Website is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by 3D Communications. 6. No Warranties THIS WEBSITE AND ALL INFORMATION, VIDEOS, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. 3D COMMUNICATIONS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 3D COMMUNICATIONS OR ITS AFFILIATES SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. 3D COMMUNICATIONS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES. 7. Indemnification You agree to indemnify and hold 3D Communications and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any claim, action, demand, loss, or damages (including reasonable attorneys' fees) arising out of or related to your use of this Website, your violation of the Terms of Use or any policies incorporated by reference, or your violation of any law or rights of a third party. 3D Communications reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with 3D Communications in asserting any available defenses. 8. Proprietary Rights All trademarks, service marks and logos on the Web site are the property of their respective owners. 3D Communications owns various trademarks, service marks and logos used on the Website, including without limitation, 3D ACT™, ADCOM RADAR®, MATCH.MOCK®, 3D MESSAGE PYRAMIDS™, KOLLEAD™, ACCORD™, PinPoint™. Unauthorized use of any 3D Communications (or of any third-party) trademark, service mark, or logo may violate 3D Communications’ or a third party’s legal rights. You must obtain 3D Communications’ written permission prior to using any trademark or service mark of 3D Communications. 3D Communications and its licensors own all intellectual property rights in this Website, except as otherwise expressly indicated. This Website and Materials are protected by United States and international copyright laws. Any unauthorized use of the Materials may violate copyright laws, laws of privacy and publicity, and other laws and regulations. Except as expressly authorized herein, you may not reproduce, modify or distribute any text, graphics or other content on the Website without prior written consent from 3D Communications. By transmitting content to the Website, you grant 3D Communications a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute, prepare derivative works based on and transmit such content for any purpose related to the Website or 3D Communications’ business purposes, and waive any moral rights and publicity rights in such content. 9. Additional Policies Your use of the Website confirms and acknowledges your agreement to be bound by and comply with 3D Communications’ other polices governing the use of the Website that are posted on the Website or provided to you electronically or otherwise in writing. 10. Limitation of Liability YOUR USE OF THE WEBSITE AND MATERIALS IS AT YOUR SOLE RISK. IN NO EVENT SHALL 3D COMMUNICATIONS, ITS PARTNERS, OR ANY OF THEIR AGENTS, REPRESENTATIVES, MEMBERS OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER THEORY, INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEBSITE. Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, 3D Communications’ liability will be limited to the fullest extent permitted by applicable law. 11. Violations; Termination of Usage 3D Communications may terminate or suspend your access to all or part of this Website immediately and without notice for any conduct that 3D Communications, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of 3D Communications or any third party. Upon termination, you must cease use of this Website. 3D Communications reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to the Website from a particular Internet address. 12. Third-Party Sites and Linking As a convenience to users, this Website contains links to Websites, as well as embedded Websites, in either case operated by 3D Communications’ partners or other third parties (“Third-Party Sites”). Third-Party Sites are not under the control of 3D Communications, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, not 3D Communications, terms of use and privacy policies. 3D Communications is not responsible for, does not endorse, and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites. We reserve the right to terminate a link to a Third-Party Site at any time. The fact that we provide a link to a Third-Party Site does not necessarily mean that we endorse, authorize or sponsor that Third-Party Site, nor that we are affiliated with the Third-Party Site’s owners or sponsors. Unless otherwise set forth in a written agreement between you and 3D Communications, you must adhere to 3D Communications’ linking policy as follows: (i) any link to the Website must be a text only link (you may not use 3D Communications’ logo as a link), (ii) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with 3D Communications’ name or any 3D Communications trademark or service mark; (iii) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with 3D Communications; (iv) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website; and (v) 3D Communications reserves the right to revoke its consent to the link at any time and in its sole discretion. 13. Security / Passwords Certain features of this Website may provide you with the option of setting up an account for which you will receive a user ID and password for future access to your account. User IDs and passwords are confidential and proprietary. It is a violation of these Terms of Use for you to share your user ID or password, or to use your user ID and password for unauthorized purposes. You are solely responsible for any unauthorized use of your user ID and password. 14. Governing Law The laws of the State of New York, USA shall govern these Terms of Use, without reference to its choice of law rules. If there is any dispute about or involving this Website, you agree that the dispute will be resolved in a court located in the State of New York, USA. You agree to submit to the personal jurisdiction of the courts located in the State of New York, USA for the purpose of litigating all such claims. 15. Compliance with Laws The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject 3D Communications or its affiliates to any registration requirement within such jurisdiction or country. 3D Communications makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website or use of the services offered herein may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws. 16. Miscellaneous These Terms of Use, as modified from time to time, set forth the entire understanding and agreement between you and 3D Communications with respect to the subject matter hereof. 3D Communications shall not be liable for any delay or failure in performance under these Terms of Use or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of 3D Communications. 3D Communications’ failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms of Use will remain in full force and effect. 17. Questions If you have any questions about these Terms of Use, please e-mail us at jdibiasi@3dcommunications.us. Click here if you accept the Terms and Conditions stated above. For Technical Support Please Call: 1-888-309-3357