This terms of use Agreement (the “Agreement”) describes the terms and conditions applicable to the use of the website www.telcoMerchants.com (the “site”, the “website”). This agreement is entered between you as the user of the website (“you”, the “User”) and TelcoMerchants.com.

1.      Application and Acceptance

For the purpose of this Agreement, a “User” is any person who is accessing Telcomerchants.com for any purpose, whether or not the “User” is a registered member of the Site, a free member of the site or a paying customer for one or several services provided by Telcomerchants.com. A User includes the person using Telcomerchants.com and any legal entity which may be represented by such person under actual or apparent authority.

By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice and with direct effect. You will be informed by email of any changes to these Terms of Use. Your continued use of the website after any such changes constitutes your acceptance of the new Terms of Use.

2.      Paying Services

All users have access to the Site and some of its features free of charge. However, some features are available to only those users who pay for those services or users who undergo a specific registration process.

Telcomerchants.com reserves the absolute right, at its sole discretion and without prior notice, to deny free or Paying Services to any Users, deny registration, terminate accounts to protect the interest of Telcomerchants.com and its users.

3.      For Users

Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site for the purpose of re-selling or re-distributing the content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with TelcoMerchants.com, or otherwise commercially exploiting the TelcoMerchants.com Content. Systematic retrieval of TelcoMercahnts.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TelcoMercahnts.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

TelcoMerchants.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, TelcoMerchants.com is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.

TelcoMerchants.com may contain links to other Web sites over which we have no control. Users are encouraged to review the privacy policies of those other Web sites to which the User chooses to link from, so the User can understand how they collect, use and share the information. TelcoMerchants.com can not be held responsible for any loss or damage caused to you due to this.

TelcoMerchants.com does not warrant that the site will operate error-free or that the site and its servers are free of computer viruses or other harmful mechanisms. If your use of the site results directly or indirectly in the need for servicing or replacing equipment or data, TelcoMerchants.com is not responsible for those costs.

Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall TelcoMerchants.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by TelcoMerchnats.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.

4.      Registered Users

A registered User (also referred to as “member”) is a User that has filled out the registration form provided on the Site. If the Registered User is a legal entity (such as company or organization), you represent that you have the authority to bind the entity to this Agreement. For the purpose of this provision, a branch or representative office will not be considered a separate entity.

User agrees to be fully responsible for all use of their account and for any actions that take place using their account. The User agrees that their personal data will be included in TelcoMerchants.com database and authorize TelcoMerchants.com to share such information with other Users.

TelcoMerchants.com may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in TelcoMerchants.com’s determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) TelcoMerchants.com has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) TelcoMerchants.com believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, TelcoMerchants.com’s other Users, or TelcoMerchants.com

Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of TelcoMerchants.com. TelcoMerchants.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

5.      Posting of Information by the Users

Each User hereby represents, warrants and agrees to (a) provide TelcoMerchants.com with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to TelcoMerchants.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to TelcoMerchnats.com or authorizes TelcoMerchants.com to display. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation, export and/or distribution of those products violates no Third Party Rights.

You will indemnify TelcoMerchants.com for all claims and any related expenses resulting from the content and information you supply to TelcoMerchants.com and post on TelcoMerchants.com

Each User hereby represents, warrants and agrees that information submitted to TelcoMerchants.com for display on the Site shall not:

1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
2. be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
3. relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
4. impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
5. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
6. be defamatory, libelous, unlawfully threatening or unlawfully harassing;
7. be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
8. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
9. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
10. solicit business from any Users in connection with a commercial activity that competes with TelcoMerchants.com;
11. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
12. link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement;
13. violate any provision in the Product Listing Policy;
14. otherwise create any liability for TelcoMerchants.com

TelcoMerchants.com reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject TelcoMerchants.com to liability, violates this Agreement or is otherwise found inappropriate in TelcoMerchants.com’s opinion.  TelcoMerchants.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.

TelcoMerchants.com offers access to news, articles, information, data which are provide by third parties. TelcoMerchants.com or its news, articles, information or data providers cannot be held liable in any way for any errors, inaccuracies or lack of completeness.

The opinions expressed in third party contents are those of the author of the content and do not represent TelcoMerchants.com opinions. TelcoMerchants.com cannot be held liable for any opinion expressed in third party content. If you become aware of any libelous, illicit or illegal content please notify TelcoMerchants.com so that appropriate steps can be taken to remove the contentious item if appropriate.

6.      Transaction between buyers and Sellers

No agency, partnership, representation, joint-venture, employee-employer or franchiser-franchisee relationship is intended or created under this Agreement.

TelcoMerchants.com does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Site. TelcoMerchants.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

Users are hereby made aware that there may be risks of dealing with people acting under false pretences. TelcoMerchants.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, TelcoMerchants.com cannot and does not confirm each User's purported identity.

TelcoMerchants.com shall not be held liable or responsible (including but not limited to):

• for the quality, defects (including latent defect), accuracy, safety, lawfulness or availability of the Members Products or Services that are offered for sale on TelcoMerchants.com
• or for any delays in the provision or delivery of Members Products or Services offered for sale on TelcoMerchants.com
• or the ability of the suppliers to complete a sale of Members Products or Services
• or the ability of the buyers to complete a purchase of Members Products or Services

Each User acknowledges that TelcoMerchants.com shall not be held liable or responsible for any direct or indirect damages, liabilities, costs, harms, inconvenience, business disruption, loss of business or expenditures of any kind arising as a result of or in connection with any operations or transactions (including but not limited to the purchase or the sale) involving Members Products and Services.

Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that TelcoMerchants.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

7.      Intellectual Property Rights

All content on TelcoMerchants.com including designs, text, graphics, pictures, information, applications, software and other files, and their selection and arrangement (“the Site Content”), are the proprietary property of TelcoMerchants.com, or its licensors with all rights reserved. No Site Content maybe modified, copied, distributed, or sold in any form or by any means, in whole or in part, without TelcoMerchants.com’s prior written permission.

8.      Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND TELCOMERCHANTS.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELCOMERCHANTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, TELCOMERCHANTS.COM DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TELCOMERCHANTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.

TelcoMerchants.com may be temporarily unavailable or its service delayed from time to time due to maintenance of the site or for any other reasons that are not under TelcoMerchants.com’s control. As a result of such delay or interruption in the service, TelcoMerchants.com assumes no responsibility and shall not be held responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure, theft or destruction or unauthorized access to, or alteration of, User communications arising as a result of, or in connection with such unavailability or delay in providing the service.

TelcoMerchnats.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure or email on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or in connection with the service.

TelcoMerchnats.com will not be held liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) and services (including paid services) included on or otherwise made available to you through this site, User’s content, User’s actions or inactions, Members Products or Services including, but not limited to direct, indirect, incidental, punitive, and consequential damages whatsoever. Each User further agrees that TelcoMerchants.com is not responsible, and shall have no liability to it or anyone else for any material posted or sent by any other User or third parties and that the risk of damage from such material rests entirely with each User or third parties.

You agree to indemnify and hold TelcoMerchants.com, each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out or in connection with any User Content, any Third Party content or applications, software or content you post or share on or through the Site (including through the email service), your use of the Site, your conduct in connection with the use of the site or any violation of this Agreement or of any law or the rights of any third party.

TelcoMerchnats.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

a. the use or the inability to use the Site.
b. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site.
c. violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
d. unauthorized access by third parties to data or private information of any User.
e. statements or conduct of any User of the Site; or
f. any matters relating to Premium Services however arising, including negligence.

9.      General:

TelcoMerchants.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity (including any affiliates of TelcoMerchants.com). The User may not assign, in whole or part, this Agreement to any person or entity.

The failure of TelcoMerchants.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such rights or provision or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.