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The Tambellini Group, LLC Terms of Use

THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND THE TAMBELLINI GROUP, LLC (THE TAMBELLINI GROUP) DBA peertelligent.com. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL http://www.peertelligent.com , ASSOCIATED SITES LINKED TO HTTP://WWW.THETAMBELLINIGROUP.COM BY THE TAMBELLINI GROUP, AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE") AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE ("SERVICES"). BY USING THIS SITE OR THE SERVICES, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

Changes.

The Tambellini Group may make changes to the content offered on this site at any time. The Tambellini Group can change, update, add or remove provisions of these terms, at any time by posting the updated terms on this Site. By using this Site after The Tambellini Group has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

These terms were last updated on 05/29/2015

General Use.

By using this site, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Site at any time or in any manner or submit any information to The Tambellini Group or to the Site.

The Tambellini Group provides content through this Site that is copyrighted and/or trademarked work of The Tambellini Group or The Tambellini Group's third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

Subject to these Terms, and your compliance with these Terms, The Tambellini Group hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use and to display the Materials and to use this Site solely for your personal internal use. You agree not to use the Site or the Materials for any commercial purpose. Except for the foregoing license, you have no other rights to the Site or any Materials (excluding any submissions provided by you as set forth below) and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, reverse engineer, alter, enhance, provide access to or in any way exploit any of the Site, Services, or Materials in any manner.



Using the Site and the Services on the Site.

You can view certain public areas of the Site without registering with The Tambellini Group. Limited information and access is available to users without registration.

However, in order to access more Materials and certain password-restricted areas of the Site, (such as forums, contributing Materials including reviews, commenting on reviews, tagging Materials and current or future features of the Site) and to use certain Services and Materials offered on and through the Site, you must register with The Tambellini Group for a paid membership account. Institutions of higher education are eligible to become members and individual members must be verified employees of the member institution. An additional Services Agreement and annual membership is required.

Areas of this Site Requiring Login

If you desire to register for an account with The Tambellini Group, you must first submit the following information through the account registration page on the Site: first name, last name, institution, title, e-mail address and password authentication. You will also have the ability to provide additional optional information, such as a photo image, a "headline" describing yourself, name, Country, City, State, industry, job type, department, expertise, or other demographic data, which is not required to register for an account but may be helpful to The Tambellini Group in providing you with a more customized experience when using the Site or its Services. Once you have submitted your account registration information, The Tambellini Group administrator shall have the right to approve or reject the requested registration, in The Tambellini Group administrator's sole discretion. This Site is for higher education technology decision-makers and influencers. No vendors are allowed to register and no vendors are authorized to review any materials published on the Site. You are responsible for maintaining the confidentiality of your The Tambellini Group Password and any Third Party Site Password (collectively, "Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify The Tambellini Group if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.

All the information that you provide when registering for an account through the Site ("Profile Information") must be accurate, complete, and up-to-date. You will not attempt to impersonate another user or person. You may change, correct, or remove any information from your account by either logging into your account directly and making the desired changes or contacting The Tambellini Group using the contact information at the end of these Terms requesting that we make the change. If you used the account and/or log-in credentials of a third-party site accepted by The Tambellini Group, you can modify that account information and credentials using the processes in place for such Third Party Site.

Privacy Policy.

Please review The Tambellini Group Privacy Policy, which is available at https://www.The Tambellini Group.com/static/privacy-policy (the “Privacy Policy”) which explains how we use information that you submit to The Tambellini Group.

Links to Third Party Sites.

This Site may be linked to other web sites that are not The Tambellini Group sites, including, without limitation, social networking, blogging, and similar. The Materials provided on this Site may contain endorsements of third party products or services submitted by reviewers. Any reference on the Site to any product, service, publication, institution, organization of any third party entity or individual does not constitute or imply The Tambellini Group' endorsement or recommendation. Such endorsements are the opinions of the reviewers and not The Tambellini Group. The Tambellini Group may provide incentives (such as: rebates, donations, or gift cards) to encourage product users to submit reviews, but such incentives are not dependent on whether the review is positive or negative.

YOU AGREE THAT THE TAMBELLINI GROUP WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, ANY REVIEWS OF THIRD PARTY PRODUCTS OR SERVICES, FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

Submissions.

You are responsible for the information, opinions, evaluations, reviews, ratings, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

In making a Submission, you represent and warrant that (1) you are the sole author of the Submission and owner of the intellectual property rights thereto, (2) your Submission is accurate to the best of your knowledge; (3) your Submission fully complies with and does not violate the social media polices of your employer, and (4) your Submission does not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including without limitation your current or former employer. When your Submission consists of a review or evaluation of a product or service, you further represent and warrant that (a) unless you prominently disclose your affiliation and interest in such Submission, you are not an employee, contractor, agent, officer or director of the vendor, of the product or service for which you are submitting a review, evaluation or opinion or such vendor’s channel partner (collectively “Vendor”) or a competitor of such Vendor that offers a competitive product or service or such competitor’s channel partner (collectively “Competitor”) and otherwise have no pecuniary interest in such Vendor, Competitor or their product or service; (b) your review does not disclose any confidential information of Vendor, (c) you are a user of the product or service being reviewed; (d) the opinions expressed in the review are your honest opinions, findings, beliefs and experiences with respect to the product or service; and (e) the statements made in the review are not false or misleading in any aspect.

Unless otherwise explicitly stated herein or in The Tambellini Group Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to The Tambellini Group a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions as determined in The Tambellini Group’ sole discretion, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. The Tambellini Group agrees to use any personally identifiable information contained in any of your Submissions in accordance with The Tambellini Group’ Privacy Policy.

You acknowledge that The Tambellini Group may or may not choose to provide attribution of your Submissions at its sole discretion. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submission, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submissions, or any derivative works thereto or combinations thereof; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by The Tambellini Group or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submissions; and (d) you forever release The Tambellini Group, and its licensees, successors and assigns, from any claims that you could otherwise assert against The Tambellini Group by virtue of any such moral rights.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require The Tambellini Group to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities.

Without limiting the foregoing representations and warranties, you shall not post Submissions that:

  • are known by you or that a reasonable person would know to contain false, inaccurate or misleading information;

  • infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  • violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

  • contain information that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, obscene, pornographic, indecent, lewd, suggestive, exploitive of minors, invasive of privacy or publicity rights, abusive, cruel, inflammatory, fraudulent, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.

  • contain information that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;

  • impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including The Tambellini Group;

  • contain unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

  • contain personally identifiable information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  • conflict with or is contrary to The Tambellini Group' public image, goodwill or reputation; or

  • contain viruses, corrupted data or other harmful, disruptive or destructive files.

When using this Site and/or the Services, you shall not:

  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;

  • Use any robot, spider, scraper or other automated means to access the Site;

  • Frame, mirror, host or otherwise distribute the Materials without our express written permission;

  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

  • Alter the opinions or comments posted by others on this Site;

  • Interfere with, restrict or inhibit any other person from using or enjoying the Services or the Site;

  • Take any action which may expose The Tambellini Group or its affiliates or its users to any harm or liability of any type; or

  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Tambellini Group in connection with the Site or the Services.

This list of prohibitions provides examples and is not complete or exclusive. The Tambellini Group reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions or any portion thereof; with or without cause and with or without notice, for any reason or no reason, or for any action that The Tambellini Group determines is inappropriate or disruptive to this Site or to any other user of this Site. The Tambellini Group may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at The Tambellini Group’ discretion, The Tambellini Group will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

UNAUTHORIZED USE OF ANY MATERIALS OR THIRD-PARTY CONTENT CONTAINED ON THIS SITE MAY VIOLATE CERTAIN LAWS AND REGULATIONS.

You agree to indemnify and hold The Tambellini Group and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) The Tambellini Group or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site, or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Proprietary Rights.

Peertelligent™ is a trademark of THE TAMBELLINI GROUP, LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of The Tambellini Group, Copyright © 2015. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual Property Infringement.

The Tambellini Group respects the intellectual property rights of others, and we ask you to do the same. The Tambellini Group may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide The Tambellini Group’ designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit The Tambellini Group to locate the material.

  • Information reasonably sufficient to permit The Tambellini Group to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Tambellini Group's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

The Tambellini Group
PO Box 685
Irvington, VA 22480


Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to The Tambellini Group' designated agent that includes all of the following information:

  1. Your physical or electronic signature;

  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which The Tambellini Group may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

The Tambellini Group reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject of or receiver of repeated DMCA or other infringement notifications.

Disclaimer of Warranties.

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by The Tambellini Group, and they may include inaccuracies or typographical or other errors. The Tambellini Group does not warrant the accuracy, integrity, quality or appropriateness or timeliness of the Materials contained on this Site. The Tambellini Group has no liability for any errors or omissions in the Materials, whether provided by The Tambellini Group, our licensors or suppliers or other users. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Material.

You further acknowledge that The Tambellini Group has no obligation to screen, preview, monitor, approve or publish any Material submitted by any other visitor to this Site or Submissions made by you and that such Materials and Submissions have not been verified or authenticated in whole or in part by The Tambellini Group. However, The Tambellini Group reserves the right to review and delete any Material or Submissions that, in its sole judgment, violates these Terms or are not of sufficient quality. By using the Service or accessing the Site, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Submissions that you make or Materials that you receive, access, transmit or otherwise convey through the Service. Under no circumstances will The Tambellini Group be liable in any way for any Materials or Submissions including, but not limited to, any Materials that contain any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Submissions that you make or Materials that you receive, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against The Tambellini Group relating to Materials or Submissions, and release The Tambellini Group from any and all liability for or relating to any Materials or Submissions.

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND TTG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR AS TO ACCURACY, COMPLETENESS OR ADEQUACY OF INFORMATION. CUSTOMER RECOGNIZES THE UNCERTAINTIES INHERENT IN ANY ANALYSIS OR INFORMATION THAT MAY BE PROVIDED AS PART OF THE SERVICES, AND ACKNOWLEDGES THAT THE SERVICES ARE NOT A SUBSTITUTE FOR ITS OWN INDEPENDENT EVALUATION AND ANALYSIS AND SHOULD NOT BE CONSIDERED A RECOMMENDATION TO PURSUE ANY COURSE OF ACTION. TTG SHALL NOT BE LIABLE FOR ANY ACTIONS OR DECISIONS THAT CUSTOMER MAY TAKE BASED ON THE SERVICES OR ANY INFORMATION OR DATA CONTAINED THEREIN. CUSTOMER UNDERSTANDS THAT IT ASSUMES THE ENTIRE RISK WITH RESPECT TO THE USE OF THE SERVICES.



Limitation of Liability.

THE TAMBELLINI GROUP SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL THE TAMBELLINI GROUP BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE TAMBELLINI GROUP KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. TTG’S MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED $100.00.

Local Laws; Export Control.

The Tambellini Group controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to The Tambellini Group, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and The Tambellini Group is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that The Tambellini Group is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

General.

The Tambellini Group prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by The Tambellini Group, may result in immediate termination of your access to this Site without prior notice to you. This Agreement will be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to the conflict of laws rules thereof. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The Tambellini Group’ failure to enforce any of these Terms is not a waiver of such term. Customer agrees a violation of this Agreement may cause irreparable harm and damage to The Tambellini Group for which no adequate remedy at law exists. For this reason, The Tambellini Group will have the right, in addition to any other remedies available to it at law or in equity, to enjoin the breaching party in a court of equity from violating without having to prove damages or post bond. These Terms are the entire agreement between you and The Tambellini Group if you are a user of free services and supersede all prior or contemporaneous negotiations, discussions or agreements between you and The Tambellini Group about this Site. If you are a user of a membership paid by an institution of higher education, these Terms are in addition to the terms of the Services Agreement signed by the institution. In the event of a conflict, the Services Agreement will govern. The proprietary rights, disclaimer of warranties, representations and warranties made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

California Consumer Notice.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by The Tambellini Group, P.O. Box 685, Irvington, VA 22480. If you have a question or complaint regarding the Site or Service, please contact Customer Service at support@thetambellinigroup.com. You may also contact us by writing The Tambellini Group, Customer Success The Tambellini Group, P.O. Box 685, Irvington, VA 22480. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Contact Us.

If you have any questions about these Terms or otherwise need to contact The Tambellini Group for any reason, you can reach us Customer Service at support@thetambellinigroup.com or The Tambellini Group, PO Box 685, Irvington, Virginia 22480.



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