Jabertel Terms and Conditions

Definitions

"Software" is the Jabertel products and websites developed and operated by Codesim LLC, for use in computer network-based communications. "User" refers to each person who downloads, installs, or otherwise connects to or accesses this software.

General

These Terms and Conditions apply to the use of the Software by User. Download, installation, connecting to and/or using this software indicates agreement of these Terms and Conditions by User.

Disclaimer of Responsibility

Codesim LLC is not responsible for content that is posted to our discussion forums or for streaming audio content that is transmitted through the Software by Users.

User Conduct

User agrees not to transmit abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated, or any other material that may violate any laws be it of Users country, the country where the Software is hosted, or international law. Violations of this term may result in the transmitted material being deleted or blocked, and the User being permanently banned from using the Software, with notification of your Internet Service Provider or law enforcement officials, if deemed necessary by Codesim LLC.

Redistribution

No User may redistribute this software or embed this software into other websites or into other software without prior written authorization from an authorized member of Codesim LLC. However, a User may provide a hyperlink to the Jabertel web pages, from the User's own website.

Disclaimer of Warranty and Limitation of Liability

CODESIM LLC SHALL NOT BE HELD RESPONSIBLE FOR ANY HARM CAUSED BY THE USE OF THIS SOFTWARE, OR ANY OTHER THIRD-PARTY SOFTWARE INCLUDED WITH THIS SOFTWARE. THIS SOFTWARE IS PROVIDED AS-IS. INSTALLATION OR USE OF THIS SOFTWARE DOES NOT ENTITLE THE USER TO ANY FORM OF WARRANTY, INCLUDING, BUT NOT LIMITED TO, TECHNICAL SUPPORT, RELIABILITY, SECURITY, PERFORMANCE, AND USEFULNESS. YOU ARE NOT ENTITLED TO UPGRADES OR FUTURE VERSIONS OF THIS SOFTWARE, OR ANY INCLUDED THIRD-PARTY SOFTWARE.

CODESIM LLC SHALL NOT BE HELD LIABLE FOR DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGE TO YOUR HARDWARE OR SOFTWARE, LOSS OF DATA, LOSS OR REDUCTION OF PRIVACY, OR OTHER UNEXPECTED OR UNDESIRED CONSEQUENCE ARISING FROM THE USE OF, MISUSE OF, OR INABILITY TO USE THIS SOFTWARE OR ANY OTHER THIRD-PARTY SOFTWARE INCLUDED WITH THIS SOFTWARE.

CODESIM LLC MAKES NO WARRANTIES TO THE SUITABILITY, FUNCTIONALITY, OR CONTINUED AVAILABILITY OF THIS SOFTWARE. CODESIM LLC RESERVES THE RIGHT TO DISCONTINUE SUPPORT, MAINTENANCE, AND OPERATION OF THIS SOFTWARE AT ANY TIME.

Indemnification

User agrees to defend, indemnify, and hold harmless Codesim LLC, its affiliates, and their respective directors, officers, employees, and agents, from and against all claims and expenses, including attorneys' fees, resulting from the use, misuse, or malfunction of this software.

Termination

Codesim LLC reserves the right to terminate user's software access and accounts at it's own discretion.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the conflict of laws provisions of Florida or User's actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized member of Codesim LLC.

Changes to these Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. Please review these Terms and Conditions often.

Last Revised NOVEMBER 2007