Terms and Conditions of Use & Legal Notices
The Terms and Conditions of Use ("Terms and Conditions of Use" or "Agreement") for this web site ("TimeWarnerCableBusinessOffers.Com" or the "Web Site") together with the incorporated legal notices ("Legal Notices") are to ensure that you enjoy the utmost quality and service during your visit to the Web Site.
PLEASE READ THE TERMS AND CONDITIONS OF USE AND THE LEGAL NOTICES CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE AND YOU ACKNOWLEDGE THAT YOU HAVE READ THE LEGAL NOTICES AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEB SITE.
The Web Site is independently operated by Leapfrog Online Customer Acquisition (“LFO”) under agreement as an independent contractor of Time Warner (the “Brand Entity”). Some offers brought to you by the Web Site are not available directly from the Brand Entity.
LFO may revise, update, add or remove the Terms and Conditions of Use and/or the Legal Notices at any time by posting the changes here. Your continued use of the Web Site means you accept and agree to the revised Terms and Conditions of Use. If you disagree with the Terms and Conditions of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
[I.] TERMS AND CONDITIONS OF USE
A. Use of the Web Site
B. Copyright Restrictions
C. Requesting Reproduction Permission
E. Pricing, Shipping, & Return Policy
1. Pricing Policy
2. Terms of Sale
3. Shipping Policy
4. Backordered Items
5. Damages and Returns
F. Limitations of Liability/Disclaimers
G. User Representations and Warranties
J. Links to the Web Site
K. Links to Other Web Sites
[II.] LEGAL NOTICES
A. Copyright Notice
B. Trademark Notice
TERMS AND CONDITIONS OF USE
[I.A.] Use of the Web Site
The Web Site is intended to be used for your lawful enjoyment. You agree to use the Web Site only for lawful purposes.
You may use the Web Site when it is available. The Web Site may not always be available. LFO reserves the right to change or remove, and restrict or block access to, all or any part of the Web Site at any time without notice. LFO shall not be liable to you or any other party for lack of availability of or access to the Site.
You agree that you will not do, or attempt to do, any of the following: (1) upload to or transmit on the Web Site any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by intellectual property rights, without permission from the owner of such intellectual property rights; (2) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of or otherwise injure others, or to violate the laws of any jurisdiction or these Terms and Conditions of Use; (3) intercept or attempt to intercept electronic mail not intended for you; (4) use a false e-mail address, impersonate any person or organization, or misrepresent an affiliation with any person or organization, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LFO on or through the Web Site or any service offered on or through the Web Site; (5) upload or transmit on the Web Site any advertisements or solicitations of business, or political campaigning materials; (6) restrict or inhibit other visitors' use of the Web Site; (7) upload or otherwise transmit files that contain a software virus or otherwise corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (10) post "spam", chain letters or engage in other similar activities; (11) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Site or LFO’s systems or networks, or any systems or networks connected to the Web Site or to LFO; (12) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any transaction being conducted on the Web Site; (13) attempt to gain unauthorized access to any portion or feature of the Web Site, or any other systems or networks connected to the Web Site or to any LFO server, or to any of the services offered on or through the Web Site, by hacking, password “mining” or any other illegitimate means; (14) attempt to intercept, collect, or store data about third parties without their knowledge or consent; (15) probe, scan or test the vulnerability of the Web Site or any network connected to the Web Site, nor breach the security or authentication measures on the Web Site or any network connected to the Web Site; (16) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Web Site, or any other customer of LFO, including any account not owned by you, to its source, or exploit the Web Site or any service or information made available or offered by or through the Web Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site; (17) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; or (18) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Web Site, or which, as determined by LFO, exposes LFO or users of the Web Site to any liability or detriment of any type.
LFO reserves the right, but does not assume any responsibility, to (1) remove from the Web Site any material posted by you which LFO, in its sole discretion, deems inconsistent with the foregoing commitments, including any material of which LFO has been notified, or has reason to believe, constitutes intellectual property infringement; (2) terminate your access to all or part of the Web Site. However, LFO can neither review all material prior to transmission on the Web Site nor ensure prompt action with respect to objectionable material after it is transmitted on the Web Site. Accordingly, LFO assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. LFO reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public, however, LFO has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.
LFO reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Web Site, or any portion of the Web Site, for any reason; (2) to modify or change the Web Site, or any portion of the Web Site, and any applicable policies or terms; and (3) to interrupt the operation of the Web Site, or any portion of the Web Site, for any reason.
Your failure to comply with these provisions may result in the termination of your use of the Web Site and may expose you to civil and/or criminal liability.
[I.B.] Intellectual Property Restrictions
LFO and its suppliers and licensors own all text, graphics, user interfaces, visual interfaces, tools, photographs, images, illustrations, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Web Site is owned, controlled or licensed by or to LFO, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Content hosted on the Web Site, including but not limited to images, photographs, audio and/or video content, illustrations, screen savers, and text are protected by pursuant to U.S. copyright laws, international conventions, and other laws regarding copyrights, trademarks, trade secrets and other proprietary rights. In addition, the Web Site as a whole is protected by copyright as a collective work and/or compilation. You are granted a nonexclusive, nontransferable, limited right to access, use and display the Content on the Web Site for personal, noncommercial use only.
You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Content on this Web Site in whole or in part without the prior written (non-electronic) consent of LFO, except as follows. You may store copies of such Content temporarily in RAM and may store files that are automatically cached by your web browser for display enhancement purposes and you may print a reasonable number of pages of the Web Site for your personal use; provided in each case that you do not alter or remove any of the Content on the Web Site, including removing any copyright or other proprietary notices included in such Content. Neither title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with LFO or the applicable owner of such content. All rights not expressly granted to you in these Terms are reserved.
[I.C.] Requesting Reproduction Permission
You will need written permission to reproduce material from the Web Site. You may e-mail or write LFO with your requests:
ATTN: Rights & Permissions
807 Greenwood St.
Evanston, Illinois 60201
LFO does not sell products or services for children. LFO facilitates the sale of products and services to adults who can purchase the products and services with a credit card. LFO reserves the right to refuse a sale or to cancel orders in its sole discretion. Third party products and services are sold through the Web Site. LFO does not warrant these third party products and services or assume any responsibility or liability for such third party products and services.
[I.E. (1)] Pricing Policy
LFO strives to provide you with a wide variety of products and services at day to day low prices. Prices are quoted in U. S. dollars and are valid only in the United States. The price shall be the quoted price for the product or service as shown on the Web Site at the time when you place the order, unless there is an obvious pricing error. Product/service prices listed do not include shipping charges, applicable sales taxes or insurance. Product/service prices may also vary from time to time depending on varying market conditions. Prices are not guaranteed. In addition, LFO reserves the right to correct price errors. We will do our best to fulfill all orders but we cannot guarantee the availability of any particular product or service or particular quantities of products. LFO reserves the right to discontinue the sale of any product or service listed at any time without notice.
[I.E. (2)] Terms of Sale
Billing for services ordered will begin once service is activated. Delivery of products and services shall be made to the address as shown in the order form completed by you. You are responsible for arrangements necessary to take proper delivery of the products and services. You shall be deemed to have accepted the products/services thirty (30) days from date of purchase or otherwise noted, unless you notify LFO otherwise. After thirty (30) days, you shall not be entitled to reject the products/services. You are responsible for shipping and handling costs to return any products received.
[I.E. (3)] Shipping Policy
Within the Continental U.S.
All self-installation kits purchased directly from the Web Site will be shipped via UPS Ground. Please allow 14 business days for standard ground delivery. All in-stock merchandise is usually shipped within 2 business days after receipt of order.
Outside the Continental U.S. and International Orders
Alaska and Hawaii
Packages sent to Alaska and Hawaii may be shipped via UPS Ground.
LFO does not accept international orders or orders from U.S Territories.
[I.E. (4)] Backordered Products
To expedite your order, we will ship all in-stock items. We will ship backordered items automatically when received in stock, unless notified otherwise by you.
[I.E. (5)] Damages and Returns
In the event that merchandise must be returned, please use the return merchandise authorization included in your shipment. LFO is NOT responsible for return shipping costs. Return merchandise must be returned within 30 days of date of purchase and be properly packaged to avoid damage upon return. There is no charge to receive a replacement product. LFO is not responsible for lost items or items damaged in transit by any common carrier.
[I.F.] Limitations of Liability/Disclaimers
LFO does not assume any liability for the Content, including without limitation materials, information, opinions or third party products, provided on the Web Site. Reliance on any such information is solely at your risk. LFO disclaims any liability for injury or damages resulting from use of any information contained on the Web Site.
LFO has no special relationship with or fiduciary duty to you, and none is created by your use of the Web Site. You acknowledge that LFO has no control over, and no duty to take any action regarding: which users gain access to the Web Site; which Content you access via the Web Site; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release LFO from any and all liability related to your use of or access to the Web Site, or your having acquired or not acquired Content through the Web Site.
LFO’s obligations, if any, with regard to the products and services on the Web Site are governed solely by the agreements pursuant to which they are provided, and nothing on this Web Site should be construed to alter such agreements.
LFO DOES NOT PROMISE THAT THE WEB SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEB SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEB SITE WILL PROVIDE SPECIFIC RESULTS. THE WEB SITE AND CONTENT PROVIDED ON THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LFO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEB SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
NEITHER LFO NOR ANY PERSON ASSOCIATED WITH LFO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER LFO NOR ANYONE ASSOCIATED WITH LFO WARRANTS OR REPRESENTS THAT THE WEB SITE OR THE INFORMATION PROVIDED ON THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LFO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LFO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEB SITE AND/OR ANY LFO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LFO FOR DISSATISFACTION WITH THE WEB SITE OR ANY CONTENT IS TO STOP USING THE WEB SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
THE ABOVE DISCLAIMERS AND LIMITATIONS OF LFO’S LIABILITY APPLY TO, AND IN NO EVENT WILL LFO OR ITS CONTRACTORS BE LIABLE FOR, ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE OR ANY LINKED SITE. IN NO EVENT WILL LFO OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS; OR FOR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, LOSS OF PRIVACY OR CONFIDENTIALITY OF INFORMATION, BUSINESS INTERRUPTION, FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE OR THE CONTENT TRANSMITTED ON THE WEB SITE, OR PERSONAL INJURY OR PROPERTY DAMAGE, WHETHER OR NOT THERE IS NEGLIGENCE BY LFO AND WHETHER OR NOT LFO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
[I.G.] User Representations and Warranties
You represent, warrant and covenant (a) that no materials of any kind submitted by you or LFO’s use thereof in accordance with this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate these Terms and Conditions of Use or any applicable laws, rules, regulations or other governmental regulations; (b) that you are at least 18 years old; (c) that you are legally permitted to use and access the Web Site; and (d) that you take full and sole responsibility for your selection and use of the Web Site, and for any information that you submit or post on the Web Site.
You agree to defend, indemnify and hold harmless LFO, its officers, directors, employees, agents, affiliates, third-party information providers, licensors, programming professionals and others involved in the delivery of the Web Site or the delivery of services or information over the Web Site, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorneys' fees, for any claim whatsoever made against LFO by any third party due to or arising out of or in connection with your access to or use of the Web Site or its Content, violation of these Terms and Conditions of Use, or infringement of any intellectual property or other right of any person..
All comments, suggestions or other information sent by you to this Web Site for internal use by LFO or by its advertisers or business partners or in response to solicitations on this Web Site, will become LFO’s property. You agree that all intellectual property rights therein are hereby assigned, transferred, and conveyed to LFO. You understand that any postings to publicly available portions of the Web Site are non-confidential for all purposes.
[I.J.] Links to the Web Site
You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of the Web Site so long as the link does not portray LFO (or any products and services on the Web Site) in a false, misleading, derogatory or otherwise offensive manner. You may not use any Brand Entity or Web Site trademark, logo or other proprietary graphic as part of the link without express prior written permission from LFO.
[I.K.] Links to Other Web Sites
Our Web Site contains links to other web sites operated by third parties that may be of interest to you. However, we do not and cannot control the information and content or links contained on these sites. We do not and cannot control the way in which these web sites collect and/or use your personal information. Therefore, LFO disclaims any liability for any third party web site's use of your personal information obtained through using the third party web site. Use of linked sites, including links through advertisements, is at your own risk.
This Web Site is operated from the State of Illinois, USA. LFO makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
Please contact us at Leapfrog Online, 807 Greenwood St., Evanston, Illinois 60201 if you become aware of any content that you believe to be in violation of these Terms and Conditions of Use, including without limitation, claims that any content on the Web Site infringes the copyright of a third party.
This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles. The Agreement, as it may be amended from time to time, completely and exclusively states the agreement between you and LFO with respect to the Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. This Agreement supersedes all prior or contemporaneous communications of any kind between you and LFO with respect to the Web Site. Any cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of this Agreement or your use of the Web Site shall be in the state or federal courts located in Chicago, Illinois. You agree to submit to the jurisdiction of such courts, and waive any objection to such jurisdiction or venue.
If a court of competent jurisdiction determines that any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of this Agreement shall remain in full force and effect.
LFO's failure to act upon a breach by you or others, including to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use, shall not constitute a waiver of the provision, nor a waiver of its right to act upon subsequent or similar breaches. Neither a course of dealing or conduct between you and LFO nor any trade practices shall be deemed to modify this Agreement.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind LFO in any respect whatsoever.
LFO may in its sole discretion, and without notice to you, terminate or suspend your access to all or part of this Web Site for any reason, including without limitation, breach of this Agreement. Web Site administrators have the right to terminate use without notice if you restrict, inhibit or disrupt the activity of the Web Site or if you attempt to alter or improperly access any feature or function of the Web Site.
[II.A.] Copyright Notice
This Web Site and the materials on this Web Site, including but not limited to images, photographs, audio and/or video content, screen savers, illustrations, and text, are the property of LFO and may not be reproduced, distributed, publicly displayed, or otherwise used, except with express permission of LFO.
[II.B.] Trademark Notice
The term "TimeWarnerCableBusinessOffers.Com" and its logo and all related product and service names, designs, and slogans are trademarks or service marks of LFO. All other product and service marks on this Web Site are the trademarks of the Brand Entity.
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