- Introduction
These Terms of Service (the “Terms”) govern your use of the website located at http://www.ActiveTeleSource.com (the “Site”) and constitute a contract between you (“you” or “User”) and Active TeleSource, Inc. (“Active TeleSource,” “we” or “Company”). If you do not agree to accept the Terms in their entirety, please discontinue your use of the Site immediately. We may periodically change the Terms in our sole discretion, and your continued use of the Site constitutes your acceptance of the revised Terms. Please check this “Terms of Service” page for updates from time to time, as this is typically the only manner in which we will notify you of any changes to the Terms.
- Ownership of Intellectual Property
The Site contains text, data, images, code, audio, video, or some combination thereof (collectively “Content”). The Site also utilizes various types of functionality (“Functionality”). Unless otherwise expressly noted in these Terms, all Content and Functionality of the Site, including any and all copyrights, trademarks (and all associated goodwill), patent rights, trade secret rights, and all other intellectual property rights (collectively “Intellectual Property Rights”), are the property of Active TeleSource or its used by permission obtained from third-party licensors.
- Notice of Copyright Infringement
It is the policy of Active TeleSource to terminate the privileges of any User who infringes the copyrights of Active TeleSource or others upon receipt of notification by the copyright owner or the copyright owner's legal agent. If you believe that your Content has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (D) a description of where the material that you claim is infringing is located on the Site; (C) your address, telephone number, and email address; (E) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Active TeleSource’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Active TeleSource, Inc. 4099 SE International Way, Suite 203, Milwaukie, Oregon 97222 or by email to
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- Permitted Use of Site and Prohibited Activities
Subject to the Terms, Active TeleSource grants you a limited license to access and view the Site for your own legitimate personal purposes or in contemplation of a business relationship with us. If you are under the age of 18, or if you have not yet reached the age of majority in your jurisdiction, you may not access or use the Site without first obtaining permission from your parent or legal guardian. This Site is not intended for individuals under the age of 13. If you are under the age of 13, you may not access or use the Site even if you have obtained permission from your parent or legal guardian. Without limiting any other restrictions set forth in these Terms, in using the Site you may not:
- Engage in, facilitate, or promote any conduct that is unlawful, tortious, or that constitutes a breach of a contract between you and a third party;
- Engage in, facilitate, or promote any conduct that is threatening, abusive, harassing, vulgar, obscene, or invasive of another person’s privacy;
- Engage in, facilitate, or promote any conduct that is offensive, harmful or otherwise objectionable;
- Seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under the age of 13;
- Use any automated process to access or use the Site in any manner;
- Modify, reverse engineer, reroute, sublicense, redistribute, or resell the Site or any portion thereof; or
- Interfere with or disrupt the Site, or the servers or networks connected to the Site.
- DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. ACTIVE TELESOURCE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, ACTIVE TELESOURCE MAKES NO WARRANTY (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (B) THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THAT THE INFORMATION YOU MAY OBTAIN THROUGH YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS, OR (E) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE IS OBTAINED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH CONTENT.
NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTIVE TELESOURCE OR THROUGH THE SITE WILL CREATE ANY WARRANTY WITH RESPECT TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ACTIVE TELESOURCE NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR PROVIDERS, WILL BE LIABLE FOR ANY LOST PROFITS OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF ACTIVE TELESOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT, ACTIVE TELESOURCE’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO ACTIVE TELESOURCE DURING THE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THIS SECTION 6 MAY NOT APPLY TO YOU.
- Indemnification
You agree to indemnify, defend and hold harmless Active TeleSource, its Affiliates, and their respective directors, officers, members, managers, employees, agents, representatives, licensors, and providers from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of your breach of the Terms or otherwise from your use of the Site. Active TeleSource reserves the right to assume partial or exclusive control over the defense of any matter subject to indemnification by you, in which case you agree to fully cooperate with Active TeleSource in asserting any available defenses.
- Entire Agreement
These Terms, together with any documents referred to in the Terms, constitute the entire agreement and any contemporaneous agreements between you and Active TeleSource concerning your use of the Site, and supersede any prior agreements between you and Active TeleSource concerning the same subject matter. You may be subject to additional terms and conditions when you use other Active TeleSource Content or services, or the Content or services of a third-party.
- Assignability
These Terms and your use of the Site as contemplated under the Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Active TeleSource 's prior written consent. Active TeleSource may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
- Active TeleSource Remedies Cumulative
Active TeleSource’s remedies under these Terms are cumulative, and the failure of Active TeleSource to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision, or of any other right or provision.
- Severability
If any provision, or any portion of any provision, of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree to give effect to the parties' intentions as reflected in the provision to the extent permitted by applicable law, and the other provisions of the Terms, and any other portions thereof, remain in full force and effect in order to best accomplish the original intent of the parties.
- Dispute Resolution
Any dispute arising out of or in connection with these Terms or your use of the Site will be governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles. You agree that any cause of action or proceeding concerning any such dispute must be brought in Multnomah County Circuit Court of the State of Oregon or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon located in Multnomah County, and you consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to such venue.
You also agree that the remedy at law for your breach or threatened breach of the Terms may, by its nature, be inadequate, and that in the event of such breach or threatened breach Active TeleSource will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained. You further agree that regardless of any statute or law to the contrary, any cause of action or proceeding against Active TeleSource and arising out of or in connection with the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Interpretation
The section titles in the Terms are for convenience only and have no legal or contractual effect. Whenever the word “include,” the word “includes,” or the word “including” is present in the Terms, such word will be deemed to be followed by the phrase “without limitation.”
- Notices
You may contact Active TeleSource by sending an email to info@ActiveTeleSource.com.
- No Third Party Beneficiaries
Nothing in these Terms, whether express or implied, is intended or will be construed to confer on any person, other than the parties to the Terms, any right, remedy, or claim under or with respect to these Terms.
