Welcome to this TSL247.TV site, which is owned and operated by Michael (Mike) Greco and TSL 24/7 LTD ("TSL 24/7" or "TSL247.TV"). The services offered by TSL 24/7 include TSL247.TV, TechWizardLabs.com, the TSL 24/7 iPhone application, and any TSL 24/7 - branded URL, WAP site ("TSL247.Mobi") and mobile application (collectively, the "Site"), TSL 24/7 messaging services, video services, RSS feeds, podcasting services, mobile services, and any other feature, content, or applications offered from time to time by TSL 24/7 in connection with TSL 24/7 (collectively, the "TSL 24/7 Services"). TSL 24/7 is based in the United States and the TSL 24/7 Services are hosted in the United States.
PLEASE NOTE THAT THE "ARBITRATION AGREEMENT" SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND TSL 24/7 UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND TSL 24/7 WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.
Eligibility for Site Registration and Account Security
Children under the age of 13 are not authorized to post messages or participate in "Forums" (as defined below) on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify TSL 24/7 immediately if you suspect any unauthorized use of, or access to, your account or password.
This Agreement remains in full force and effect while you use the TSL 24/7 Services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing Info@TSL247.TV, Subject: Terminate My Account. TSL 24/7 may terminate your account and/or access to the TSL 24/7 Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the TSL 24/7 Services is terminated, this Agreement will remain in effect. You agree that your account is non - transferable and any rights to your account terminate upon your death.
You acknowledge that TSL 24/7 reserves the right to charge subscription fees for any portion of the TSL 24/7 Services. TSL 24/7 will provide you with at least 30 days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the TSL 24/7 Services after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If TSL 24/7 suspends or terminates your account and/or access to the TSL 24/7 Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Purchasing Site Services or Products
TSL 24/7 makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. TSL 24/7 provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, TSL 24/7 will in no way be responsible or liable to you for any such breach.
TSL 24/7 will not store any record of Personal Financial Information related to purchases or other transactions you make through the TSL 24/7 Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
TSL 24/7 Content
The TSL 24/7 Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of TSL 24/7 ("TSL 24/7 Content"). TSL 24/7 Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and TSL 24/7, TSL 24/7 owns and retains all rights in the TSL 24/7 Content and the TSL 24/7 Services. TSL 24/7 hereby grants you a limited, revocable, nonsublicensable license to access and display the TSL 24/7 Content (excluding any software code) solely for your personal, non - commercial use in connection with viewing the Site and using the TSL 24/7 Services. The TSL 24/7 Services may also contain Content of users and other TSL 24/7 licensors. Except as provided in this Agreement or as explicitly allowed on the TSL 24/7 Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the TSL 24/7 Services.
Except as explicitly and expressly permitted by TSL 24/7, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on - line postcards, montages, mash - ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the TSL 24/7 Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web - based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo - filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from TSL 24/7. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting TSL 24/7 in writing at: Legal Department, TSL 24/7 L.T.D., 348 NW Broadview St, Port Saint Lucie, Florida 34983, or by emailing Info@TSL247.TV, Subject: Content Request.
Your Use of TSL 24/7 Services
The TSL 24/7 Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from TSL 24/7. TSL 24/7 reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the TSL 24/7 Services (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with the TSL 24/7 Services. You understand that TSL 24/7 does not control the User Content posted by users via the TSL 24/7 Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. TSL 24/7 assumes no responsibility or liability for this type of Content. If you become aware of misuse of the TSL 24/7 Services, please report this immediately to TSL 24/7 by emailing Info@TSL247.TV, Subject: Misuse of TSL 24/7 Services. TSL 24/7 assumes no responsibility for monitoring the TSL 24/7 Services for inappropriate Content or conduct. If at any time, TSL 24/7 chooses in its sole discretion to monitor the TSL 24/7 Services, TSL 24/7 nonetheless assumes no responsibility for Content other than TSL 24/7 Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the TSL 24/7 Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the TSL 24/7 Services, including TSL 24/7's servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the TSL 24/7 Services;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the TSL 24/7 Services, or to circumvent or modify any security technology or software that is part of the TSL 24/7 Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the TSL 24/7 Services. If you do so, you acknowledge you will have caused substantial harm to TSL 24/7, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay TSL 24/7 $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without TSL 24/7's prior written consent;
- Use the TSL 24/7 Services to advertise or promote competing services;
- Use the TSL 24/7 Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
TSL 24/7 reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by TSL 24/7 in its sole discretion. You acknowledge TSL 24/7 reserves the right to investigate and take appropriate legal action against anyone who, in TSL 24/7's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that TSL 24/7 may access, preserve or disclose information you provide to the Site, including User Content, when TSL 24/7 has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of TSL 24/7, our parents, subsidiaries or affiliates ("Affiliated Companies"), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the TSL 24/7 Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Message Boards and Public Forums
The Site offers users the ability to post public messages on message boards, chat rooms and forums ("Forums"), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and TSL 24/7 cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. TSL 24/7 is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. TSL 24/7 reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
Your Proprietary Rights
TSL 24/7 does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the TSL 24/7 Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by TSL 24/7 or any Affiliated Company. By posting any User Content on, through or in connection with the TSL 24/7 Services, you hereby grant to TSL 24/7 and our Affiliated Companies, licensees and authorized users, a perpetual, non - exclusive, fully - paid and royalty - free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, TSL 24/7 is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including TSL 24/7 Services. TSL 24/7's use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. TSL 24/7 reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the TSL 24/7 Services. You hereby appoint TSL 24/7 as your agent with full authority to execute any document or take any action, TSL 24/7 may consider appropriate in order to confirm the rights granted by you to TSL 24/7 in this Agreement.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the TSL 24/7 Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the TSL 24/7 Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the TSL 24/7 Services or Third Party Services. If you delete your User Content from any TSL 24/7 Service, TSL 24/7' license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the TSL 24/7 back-up copies of the applicable TSL 24/7 Service, which are not publicly available. Furthermore, to the extent that TSL 24/7 made use of your User Content before you deleted it, TSL 24/7 will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from TSL 24/7 Services will not result in, and TSL 24/7 assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from TSL 24/7 Services, and (ii) termination of your account or your use of the TSL 24/7 Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Copyrights and Other Intellectual Property
TSL 24/7 respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. TSL 24/7 has a policy of terminating repeat infringers' access to the TSL 24/7 Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Site infringes your copyright, please send TSL 24/7' Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the TSL 24/7 Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. TSL 24/7' Copyright Agent for notification of claimed infringement can be reached as follows: Legal Department, TSL 24/7.tv, PO Box 1018, Petaluma, California, 94953; Phone: 1-800-605-8948; Attn: Lisa Laporte, Copyright Agent. TSL 24/7's Copyright Agent for notification of claimed infringement can also be reached electronically at Info@TSL247.TV.
Third Party Links and Services
You are solely responsible for your interactions with other TSL 24/7 users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the TSL 24/7 Services. TSL 24/7 reserves the right, but has no obligation, to become involved in any way with these disputes.
The TSL 24/7 Services are provided "AS - IS" and "as available" and TSL 24/7 does not guarantee or promise any specific results from use of the TSL 24/7 Services. TSL 24/7 expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non - infringement. In particular, TSL 24/7 makes no warranty that your use of the TSL 24/7 Services will be uninterrupted, timely, secure or error - free or that any information obtained by you on, through or in connection with the TSL 24/7 Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will TSL 24/7 be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the TSL 24/7 Services, problems or technical malfunction in connection with use of the TSL 24/7 Services, attendance at a TSL 24/7 event, any material downloaded or otherwise obtained in connection with the TSL 24/7 Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the TSL 24/7 Services, or the conduct of any users of the TSL 24/7 Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of TSL 24/7.
Limitation on Liability
IN NO EVENT WILL TSL 24/7 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TSL 24/7 SERVICES, EVEN IF TSL 24/7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTSL 24/7HSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TSL 24/7' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TSL 24/7 FOR THE TSL 24/7 SERVICES DURING THE TERM OF YOUR USE OF THE TSL 24/7 SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF TSL 24/7' ACTS OR OMISSIONS OR YOUR USE OF TSL 24/7 SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THE TSL 24/7 SERVICES.
U.S. Export Controls
Software available in connection with the TSL 24/7 Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the TSL 24/7 Services or otherwise exported or re - exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
(1) TSL 24/7, including its TSL 24/7 Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and TSL 24/7 may have against the other that arise out of or relate to the TSL 24/7 Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the "Arbitration Agreement") and the scope or applicability of this Arbitration Agreement (collectively, "Disputes"), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and TSL 24/7 agrees to give up the right to sue in court. Each of you and TSL 24/7 also agrees to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and TSL 24/7 (see paragraph 9 of this Arbitration Agreement below). The only exceptions to this Arbitration Agreement are that (i) each of you and TSL 24/7 retains the right to sue in small claims court and (ii) each of you and TSL 24/7 may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.
(3) Any arbitration between you and TSL 24/7 will be conducted by the American Arbitration Association (the "AAA") and will be governed by the AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Agreement.
(4) If either you or TSL 24/7 wants to arbitrate a Dispute, you or TSL 24/7 must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the TSL 24/7 Service to which the Notice relates, and the relief requested. Your Notice to TSL 24/7 must be sent by mail to Arbitration Notice of Dispute, Legal and Business Affairs, 348 NW Broadview St, Port Saint Lucie, FL 34983. TSL 24/7 will send any Notice to you at the contact information we have for you or that you provide. It is the sender's responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. If you and we do not resolve the Dispute within those first 45 days, either you or we may initiate arbitration in accordance with the rules and procedures provided for by the AAA. A form for initiating formal arbitration may be found on the AAA's website at www.adr.org ("Arbitration Form"). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to the TSL 24/7 at the address listed above to which you sent your Notice of Dispute.
(5) AAA charges fees to conduct arbitrations. Ordinarily, the claimant has to pay that fee to start a case, but if you wish to commence an arbitration against TSL 24/7, and you are seeking to recover less than $10,000 (inclusive of attorneys' fees), you will not have to pay this filing fee; TSL 24/7 will pay it on your behalf. If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by AAA, but TSL 24/7 will reimburse that fee if you win the arbitration.
(6) If you are seeking to recover $10,000 or less, AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either you or we may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither you nor we request one, TSL 24/7 will pay the arbitrator's fees associated with the hearing. If the claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the AAA Rules.
(7) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(8) Each of you and TSL 24/7 may incur attorneys' fees during the arbitration. In addition to whatever rights you may have to recover your attorneys' fees under Applicable Law, if you prevail in the arbitration, and if TSL 24/7 failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than TSL 24/7's highest settlement offer to resolve the Dispute, then TSL 24/7 will pay your reasonable attorneys' fees in addition to the amount the arbitrator awarded. If TSL 24/7 wins the arbitration, you will be responsible for your own attorneys' fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a Dispute or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides' arbitration fees and may order the losing party to pay the winning party&rsquo's reasonable attorneys' fees, unless such an award of fees is prohibited by Applicable Law.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order TSL 24/7 to pay any monies to or take any actions with respect to persons other than you, unless TSL 24/7 explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND TSL 24/7 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless TSL 24/7 agrees, the arbitrator may not consolidate other persons' claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against TSL 24/7 must be pursued, will remain in effect.
(10) You and TSL 24/7 agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator's decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
This Agreement will be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and TSL 24/7 agree to submit to the exclusive jurisdiction of the courts located in Ft Pierce, Florida to resolve any dispute arising out of this Agreement or the TSL 24/7 Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS - CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE TSL 24/7 SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold TSL 24/7, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or the TSL 24/7 Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the TSL 24/7 Services.
TSL 24/7 does not knowingly accept, via the TSL 24/7 Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. TSL 24/7's policy is to simply delete any such submission without reading it or forwarding it to other TSL 24/7 staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any TSL 24/7 or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to TSL 24/7 via the TSL 24/7 Services (including but not limited to any public forum), however, such submissions and copyright become the property of TSL 24/7 and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as TSL 24/7 sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against TSL 24/7 or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
TSL 24/7 may, from time to time, post TSL 24/7 employment opportunities on the TSL 24/7 Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to TSL 24/7 in response to employment listings, you are authorizing TSL 24/7 to utilize this information for all lawful and legitimate hiring and employment purposes. TSL 24/7 also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the TSL 24/7 Services will constitute a promise by TSL 24/7 to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the TSL 24/7 Services constitute a promise that TSL 24/7 will review any or all of the information submitted to it by users of the TSL 24/7 Services.
TSL 24/7, Tech Wizards, and the TSL 24/7 logo are trademarks of Michael (Mike) Greco and TSL 24/7.tv. All other trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of TSL 24/7 or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.
© TSL 24/7, LTD. All rights reserved.
The failure of TSL 24/7 to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices TSL 24/7 may be required by Applicable Law to send to you will be effective upon TSL 24/7's sending an e-mail message to the e-mail address you have on file with TSL 24/7 or publishing such notices on the informational page(s) of TSL 24/7 Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TSL 24/7 as a result of this Agreement or your use of the TSL 24/7 Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits TSL 24/7's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TSL 24/7 Services or information provided to or gathered by us in connection with such use.