Terms of Use

Effective as of February 10th, 2017

Welcome to Highfidelitytranscription.com.

The following describes the terms that HIGHFIDELITYTRANSCRIPTION.COM and all sites maintained by or on behalf of High Fidelity Transcripts LLC (referred to as “Company,” “we,” or “us”) offer you access to services. Your permission to use the Company’s Service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Service, and the following additional terms and conditions and policies, which are incorporated by reference (collectively, the “Agreement”).

  1. Definitions.

“Members” are people who have registered with Company and have access to additional features of the Service.

“Member Content” is content provided to Company by Members for purposes of performing the Service. Member Content may be in audio, digital, or in any media that is provided to or otherwise accessed by Company.

“Transcription Content” is produced by Company pursuant to the orders placed by Members via the Service.

“Transcriptionist” are people performing the service on behalf of the Company and may access the Service in order to fulfill the orders.

“Service” is the services provided by the Company which includes the transcription, proofreading, editing services, or otherwise use any of the features of HIGHFIDELITYTRANSCRIPTION.COM and all other sites maintained by or on behalf of the Company as they may exist from time to time as a Member or Visitor.

“Visitor” people who access HIGHFIDELITYTRANSCRIPTION.COM but do not create an account or otherwise become a Member or Transcriptionist.

  1. Description of Service.

Company is a transcription service available to Members and Visitors from the domain HIGHFIDELITYTRANSCRIPTION.COM  and by email. This Service provides Members and Visitors with Transcription Content. COMPANY at no time owns or sells any Member Content.

  1. Scope of Agreement.

This Terms of Service/User Agreement (“Agreement”) governs your access to and use of the Service, whether in the capacity of a Member, Transcriptionist, or Visitor. Portions of the Company’s Service are publicly available to all visitors to the site. By registering with Company or by using the Service in any manner – including, but not limited to, by visiting the HIGHFIDELITYTRANSCRIPTION website – you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both Visitors and Members.

  1. The Service Is For Adults Only.

The Service is intended for adults only. You must be 18 years or older to use this site; users under 18 are not authorized to use the Service.

  1. Fees.

Company sets fees for the Service based on the specific needs and it may change from time to time. There may be additional fees for processing payment, expediting orders, foreign languages, or any other special needs within the desired services.

A. Additional Agreements and Obligations of Members.

By requesting the Service, you (Member or Visitor) represent and warrant to Company that you have the right and ability to request the Service, have rights or authority to provide the Member Content to Company, and that it is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the Member Content, and use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party.

Additionally, unless otherwise authorized, Members agree not to – and agree to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Transcription Content or any other users of the Service, which is obtained through the Service or disclosed to Members by Company in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).

B. Agreement of Members to Pay for the Service.

When Members purchase Transcription Content you will have the ability to download the materials from your My Purchases page or it may be emailed to you.  We may, in our sole discretion, make original digital Member Content you purchase available indefinitely, but your access to such materials through your My Purchases page may be disabled if the material is removed from the Service, for example, the materials being removed in response to an intellectual property complaint or Digital Millennium Copyright Act notification. For this reason, we encourage you to download any original digital Member Content you may purchase, and to backup those materials accordingly. Company cannot restore access to, or provide copies of, purchased materials that have been removed from our Service.

You agree to pay in full for all Transcription Content purchased through the Service, and agree that Company may charge your credit card, PayPal or other account for any Transcription Content purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING Company WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES.

You agree that delivery of the Transcription Content to you, whether electronically delivered or physically shipped and delivered to you, does not transfer to you any commercial or promotion use rights in the Transcription Content. You agree that your use of the Service (including your purchase of Transcription Content) constitutes your acceptance of and agreement to use the Service and such Transcription Content solely in accordance with this Agreement, and that any other use of the Service or Transcription Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases with your colleagues unless you have purchased additional licenses.

C. Electronic Signatures and Contracts.

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

D. Limitations.

Your direct interactions (if any) with other visitors to or Members of the Service, including the purchase of, sale of, payment for, and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that Company is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Member, Transcriptionist, or Visitor for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other visitor’s or Member’s use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR VISITOR OF THE SERVICE), Company IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE COMPANYCOMPANY FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service.

E. Refund Policy

All physical and digital product sales are final, and no refunds are available.

Company may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: (a) a digital file is defective; (b) a material error or quality issue occurred and it is unable to timely correct such error or quality issue. If such an exception is made, Company may issue to the Member a refund for such purchase in any manner it deems appropriate, including without limitation in the form of credit towards a future purchase of Transcription Content.

As a Member, it is your responsibility to determine that you have the appropriate hardware/software internet and service connectivity to make use of digital files, that the file format is appropriate for your needs, and that the content you are purchasing is legal and noninfringing. No refunds are available in these cases. Products removed from the Service due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.

  1. License Grants.

A. License Grants by Members to Company.

When Members or Visitor submits or upload content on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant Company a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sub-licensable right to exercise any copyright, trademark rights publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Transcription Content available through the Service. This allows Company to engage third-party servers to host or store your content so that we can make it available through our Service. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR MEMBER CONTENT FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH TRANSCRIPTION CONTENT.

B. Member Representations and Warranties; Licenses to Other Users.

When Members submit or upload content on or through the Service, you represent and warrant that (a) you have all the rights and/or licenses necessary to use, reproduce, publish, publicly display, publicly perform, distribute, and otherwise exploit such content in connection with the Service, including the right to grant to others all of the rights and licenses contemplated; (b) the content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through the Service. Member retains ownership of any rights – including, but not limited to, copyrights and trademark rights – you claim to Member Content.

  1. Registration Obligations.

In consideration of your use of the Service, you represent that you are at least 18 years of age and are not a person barred from receiving these services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Member Data”) and (b) maintain and promptly update the Member Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, Company has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.

  1. Member and Visitor Conduct.

As a condition of using the Service, Members and visitors agree to all of the following:

  • You are required to select a member identification (“Username”) and password. You are responsible for maintaining the confidentiality of your Username and password. You should not disclose your password to anyone.
  • You are responsible for all activity that occurs under your Username.
  • You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your Username.
  • You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.

 

Further, while using the Service, Members and visitors agree not to:

  • upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • upload, post, email, transmit, or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;
  • transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;
  • violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
  • use the Service for any illegal or unauthorized purpose;
  • impersonate any person or entity, including without limitation, a Company employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • transmit email or any other content that includes personal or identifying information about another person without the legal right or authority;
  • transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
  • provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or in any manner that otherwise negatively affects Members’ and visitors’ ability to use the Service;
  • employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;
  • attempt to gain unauthorized access to Company’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
  • attempt to regain access to Company following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different Username;
  • “stalk” or otherwise harass anyone on or through the Service;
  • collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.

 

  1. Inappropriate User-Submitted Content.

Company prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) Company is not and cannot be responsible for any content, information, or materials posted by users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, Company has the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in Company’s sole discretion.

  1. Links to Other Sites and Resources.

The Service contains links to other websites or resources. Company has no control over such external sites and resources. You agree that (i) Company is not responsible for the availability or accuracy of such external sites and resources, and (ii) Company does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

  1. Copyright Policy

We respect the intellectual property rights of others, and we ask that our Members and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly violate the Terms of Use, copyright laws, or other protections.  Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws, and is available at www.HIGHFIDELITYTRANSCRIPTION.COM. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.

  1. Privacy Policy

We take the privacy of our users’ and Members’ information seriously. Our Privacy Policy is available at www.HIGHFIDELITYTRANSCRIPTION.COM/Privacy-Policy. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.

  1. Indemnity

By accepting this Agreement, you agree to indemnify and hold Company and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to (i) any product, content, information, or materials that you submit, sell, purchase, post, transmit, provide, or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (vi) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

  1. Warranty Disclaimers

YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY COMPANY SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Company MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE; THAT MEMBERS WILL PERFORM AS PROMISED; ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY, OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY MEMBER CONTENT) SUBMITTED THROUGH THE SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER’S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING MEMBERS). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.

  1. Limitation of Liability

YOU AGREE THAT COMPANY, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY’s LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.

  1. Termination

We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

  1. Miscellaneous Provisions

Ownership of Site.

With the exception of the Member Content, this site, the Service, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, the “Company Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to Company, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in this Agreement or otherwise permitted by law, no Company Content may be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without Company’s express prior written consent.

Entire Agreement.

The Terms of Service, including Company’ Copyright Policy and Privacy Policy, which are incorporated by reference above, constitute the entire agreement between you and Company and governs your use of the Service.

No Agency.

Company is not the agent or representative of any site users (including, without limitation, Members or visitors), nor does it operate under their authority for any purpose. Company is simply a service provider that offers users the technological means to submit Member Content for the purpose of receiving Transcription Content.

Governing and Applicable Law.

The Terms of Service will be governed by and construed in accordance with the laws of the State of Minnesota, in the United States of America, without regard to its conflict of law provisions. The Service is operated by High Fidelity Transcription LLC from its offices in Minnesota. Company makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service 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.

Export Controls.

Software from this site is further subject to United States export controls. No software from www.HIGHFIDELITYTRANSCRIPTION.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Waiver and Severability.

The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.

Notices.

Company may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.

Change.

Company may change or amend these Terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. You must stop using the Service if you do not agree with the changes to this Agreement. Any access or other continued use of the Service constitutes acceptance of changes.

Company reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Assignment.

Company may assign this agreement to any successor, trustee, third party, or purchaser of Company.

Headings.

Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.

Trademarks.

Company, the Company logo, and other Company logos and names are trademarks of High Fidelity Transcription LLC. You agree not to display or use these trademarks in any manner without prior, written consent of Company. Use of this site constitutes acceptance of Company’s right, in its sole discretion, to use the name, business names, or logos of Members for marketing or promotional purposes.  Members may elect to withdraw their logo or likeness from the Service by sending an email to [email protected]

Contact Information.

Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to our support team here. 

Last Updated: February 10, 2017