Please read these terms in their entirety, since they constitute a binding agreement between you and us. Each paragraph provision contained in these terms is vitally important and requires your agreement and compliance.
Be sure to read each of the following sections:
The Community is offered as a way for individuals and Telligent to share information about Telligent products, social business, community management, and system administration.
You agree to:
You agree not to:
Community privileges are dependent on users consenting to adhere to these guidelines. Telligent relies on your good faith and judgment so if you choose to provide inaccurate or false information or fail to honor these responsibilities, we have the right to terminate or suspend your access to the Community.
We agree to:
Telligent provides the software as well as hosts the Community with our partner, Rackspace, in Rackspace’s owned, operated and secure facilities. Telligent retains full administrative rights and control to the hosted environment and in that capacity is considered to be the primary system administrator. Since Telligent is the primary system administrator, Rackspace is not authorized to view, create, modify, or delete information within the Community without a specific request from Telligent except as allowed by law or in an emergency situation. For more information about Rackspace, please visit www.rackspace.com.
Registered users are able to actively participate in the Community by providing comments and interacting with other registered users. During the registration process, you will be asked to provide certain personal information which includes your email address, name and zip code. Telligent will use this information in order to respond to a post and send you information about a service or resource that you have expressed an interest in. In addition, the demographic data allows us to better understand the needs and makeup of the Community. We use this information to tailor and create relevant information for our users. We may combine this information with other information that we may have about you for data analytics, marketing and reporting, but only as permitted by law.
Although you are encouraged to post questions and comments to the Community, you may also send us an email. Remember that email messages may pass through private and public networks with varying levels of security. Some networks may have taken steps to secure these transmissions while others have not which could affect the privacy and integrity of the information you send.
We also collect electronic data about our Registered and Non-Registered users in order to provide a positive website experience, offer products and services and report on user activity. The tools we use are listed below. Please be aware that none of these tools provide Telligent with the ability to read any data residing on your computer.
Cookies and tags are used on websites to gather information about how individuals use and navigate the website. Neither cookies nor tags can extract any personal information about you, nor can they read any data that resides on your personal computer or device. The data collected from these sources are used to recognize repeat users and track usage patterns. Specifically, we use “cookies,” which are small pieces of information sent by a web server and stored by a member’s web browser. Cookies allow the web server to maintain an active “session” with an individual user and track what tools users are accessing on the site.
The following are examples of how we use the information collected from these cookies and tags:
Telligent does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current customers and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, Telligent cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions to Telligent through this Community. Any ideas disclosed to Telligent outside a pre-existing and documented confidential business relationship are not confidential and Telligent may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. Telligent will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if a review is necessary in Telligent's sole discretion, it will be with the understanding that Telligent assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to Telligent through this Community, you agree to be bound by the terms of this stated policy.
This website is protected by Secure Socket Layer (SSL) technology, the leading security protocol for data transfer on the Internet. Even though there are tremendous benefits to using this website, as with all electronic communications there are some risks which may include:
At certain places in the site, Telligent may provide links to other websites that we believe offer our Community members useful services. Since these other websites are not under the control of Telligent, we cannot and do not make any representation or guarantee regarding these websites or their content. Providing these links does not constitute an endorsement by Telligent, nor can we take responsibility for the privacy or security policies and procedures of these websites. Therefore, you may want to review the privacy and security statements of these websites before providing any personal information.
You agree that you use this website at your own risk. Telligent has no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this website or the information you receive from or submit to this website.
Telligent has no liability whatsoever for failure of electronic, or mechanical equipment or communication, telephone, or other connection problems, computer viruses, unauthorized access, or interception of data from this website, theft, or errors.
In addition, if you request Telligent to send information via email or to your mobile device or to a registered account, you agree that you are using this service at your own risk. Telligent has no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this functionality.
All right, title, and interest in the content (including software, text and images) and other intellectual property (including trademarks, service marks and copyrights) on this website are solely and exclusively the property of Telligent, and are protected by intellectual property laws.
1. Initial Resolution by Meeting or Mediation of Dispute.
a. The party providing notice (the "Notice Party"), as the case may be, shall deliver written notice to the other party (the "Receiving Party"), via certified mail, return receipt requested, of the existence of a Dispute (the "Initial Notice"), as follows:
If to Telligent, Attn: LEGAL DEPARTMENT, 3000 Internet Blvd., Suite 200, Frisco, Texas 75034.
If to Authorized User: At the last known address of record.
b. The Receiving Party has thirty (30) calendar days following the Notice Party's delivery of such notice to provide a prompt and effective remedy.
c. If the Receiving Party has failed to provide a prompt and effective remedy within thirty (30) calendar days following delivery of such notice, and the Receiving Party and Notice Party mutually agree that a meeting to attempt to resolve the Dispute would be advantageous, representatives of parties shall meet not later than thirty (30) calendar days after delivery of the Initial Notice in order to attempt to resolve the Dispute. Subsequent meetings may be held, upon mutual agreement of the parties.
d. If such a meeting has not been mutually agreed upon within thirty (30) calendar days of delivery of the Initial Notice, or if the Dispute has not been resolved within thirty (30) calendar days of commencement of any such meetings, the Notice Party shall submit the Dispute (the "Mediation Submission") to mediation by an organization or company specializing in providing neutral, third-party mediators. The mediation process shall be coordinated by the Notice Party with the mediator and shall be subject to the following agreed-upon conditions:
(i) The parties agree to participate in the mediation in good faith;
(ii) The parties agree to have present at the mediation one or more individuals with decision-making authority regarding the Dispute;
(iii) Either party may, at its option, be represented by counsel;
(iv) The mediation shall be conducted in English;
(v) The mediation shall be held at a mutually agreed upon venue location in or near Dallas, Texas, within sixty (60) days of the Mediation Submission, unless the parties mutually agree on a later date or an alternate venue location; and
(vi) The parties shall each bear their own costs and shall each pay one-half of the venue location fee and the mediator's fees and costs, unless the mediator subsequently determines that one party did not participate in the mediation in good faith, in which case that party shall pay all of the venue location fee and mediator's fees and costs.
2. Binding Arbitration.
a. Any Dispute or portion thereof that remains unresolved thirty (30) calendar days after a Submission, either Telligent or Authorized User, on Authorized User's own behalf and not as a representative of a purported class, shall submit the Disputes to final and binding arbitration (the "Arbitration Submission") under the commercial rules and regulations of the JAMS/Endispute, subject to the following:
(i) The arbitration shall be conducted by a single arbitrator selected by the parties from a list furnished by the JAMS/Endispute (the "Arbitrator"), provided that in the event of a conflict with the terms of these Mediation/Arbitration Provisions, the terms of these Mediation/Arbitration Provisions shall control. If the parties are unable to agree on such Arbitrator from the list, such Arbitrator shall be appointed by the JAMS/Endispute or in the alternative, each party shall select one arbitrator who, in turn, shall together select the Arbitrator who shall arbitrate the Dispute.
(ii) The Arbitrator shall be required to render a written decision resolving all Disputes with the reasons therefore, and designating one party as the "Prevailing Party" within sixty (60) days from the date of the Arbitration Submission.
(iii) The costs of arbitration, including the venue location fee, Arbitrator's fee and any reporting or other costs, but excluding lawyers', consultants' and witness fees, shall be borne by the non-Prevailing Party unless the Arbitrator subsequently determines as part of his or her award that such allocation is inequitable under the totality of the circumstances.
(iv) The arbitration hearing shall be conducted in English and held at a mutually agreed to venue location in or near Dallas, Texas, unless Authorized User mutually agrees to an alternate location.
(vi) Any determination by the Arbitrator with respect to any Dispute shall be final and binding on each party. Judgment upon the award of the Arbitrator may be entered in any court having competent jurisdiction thereof.
b. Authorized User acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from filing an action at law or in equity and from having any Dispute covered by this agreement resolved by a judge or a jury. Authorized User further acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from participating in a class action or class arbitration filed by any other Authorized User or any other plaintiff claiming to represent Authorized User or Authorized User's interest. Authorized User agrees to opt-out of any class action or class arbitration filed against Telligent that raises claims covered by these Mediation/Arbitration Provisions, including, but not limited to, class actions or class arbitrations that are currently pending.