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PLEASE READ THESE TERMS OF USE AND PRIVACY AGREEMENT CAREFULLY BEFORE USING THIS SITE.
Totalee and you ("User" or "you"), enter into the following Agreement regarding the terms and conditions applicable to your use of Totalee's internet web site and its services ("Agreement"):
1. User Representations and Warranties. By using this site, you represent and warrant that you agree to abide by the terms, conditions, notices and guidelines contained in this Agreement and all modifications thereto. Your continued use of this site following the posting of changes to this Agreement will signify your acceptance of such changes. If you do not agree to comply with this Agreement or the Terms of Service Agreement, please do not use this site or the services it offers.
As a condition of your use of Totalee's internet web site and its services, you represent and warrant that you will not use this website for any purpose that is unlawful or otherwise prohibited by this Agreement.
2. Limits on Liability. Totalee will not be liable for:
THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION PROVIDED TO Totalee BY YOU OR OTHER THIRD PARTIES; THE CONTENTS OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY Totalee THAT IS ACCESSED FROM OR LINKED TO THIS WEBSITE BY DIRECT OR INDIRECT MEANS; ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE; AND ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF Totalee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
3. Disclaimer of Warranties. THE INFORMATION, MATERIAL, SERVICES, AND PRODUCTS INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. Totalee MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. TOTALEE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOTALEE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOTALEE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
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5. Privacy Agreement. Totalee will collect personal information about you through its contact form. This information will be used to identify you as a customer of Totalee and may be used in the future by Totalee to contact you with notices and special offers. Totalee will not sell nor rent any of the customerinformation to third parties under any circumstances.
6. Jurisdiction. This Agreement shall be governed by the laws of the State of New South Wales applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Sydney, New South Wales, Australia will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement.
This site is owned and operated by Totalee from the State of New South Wales, Australia. Totalee makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Sections 2, 3, and 4 of this Agreement shall survive any termination or cancellation of this Agreement. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This website is owned and operated by Totalee PO Box 305, Wentworthville, New South Wales, 2145, Australia. Totalee registered in Australia BN 00 00 00 all enquiries to
info@totalee.com.au
or for further information about Totalee, please call (0419) 624 539 or (0412) 633 365. For the purposes of this document Totalee means the Web site found at http://www.totalee.com.au
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