Terms of Service
Additionally, these Terms supersede and replace any other prior or existing agreements, or terms and conditions that may be applicable. These Terms create no third party beneficiary rights.
Changes in the industry, carrier and other partner requirements, applicable law and regulations may require us to make changes to the Services from time to time. We endeavor to make commercially reasonable efforts to provide notice prior to implementing any changes that may affect our Services. We may, at our discretion, suspend or discontinue any of the Services or component thereof at any time by posting a notice on website or by sending you notice through the Services, or by another appropriate means of electronic communication.
Acceptable Use of Our Services
In using our Services, you may not, nor may you permit any third party to, directly or indirectly:
Access or monitor any material or information on any of our systems, using any manual process or robot, spider, crawler, scraper, or other automated means;
Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble, or otherwise reverse engineer the Services;
Perform or attempt to perform any actions that would interfere with the proper working of the Services;
Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute in any way material, information, or Services from us;
Transfer any rights granted to you under these Terms;
Use the Services except as expressly allowed under these Terms.
If we suspect your account has been used for an unauthorized, illegal, or criminal purpose, you are granting us express authorization to share information about you and your account with law enforcement.
Disputes and How To Settle Them
One Year Time Limitation to Start a Dispute. You agree that any action or proceeding by you relating to any dispute must commence within one year after the alleged cause of action accrues.
Dispute Resolution by Binding Arbitration and Class Action Waiver. We try extremely hard to provide every client with amazing customer service. If you’re not satisfied in any way, please email us. We’ll try to resolve the issue quickly. You can email us at email@example.com.
All that said, in the unlikely event that we are unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”). JAMS will administer any such arbitration under its Comprehensive Arbitration Rules. If the amount of the claims and counterclaims are less than Two Hundred and Fifty Thousand Dollars ($250,000.00), then the JAMS Streamlined Arbitration Rules and Procedures will be used. You agree that any arbitration pursuant to these Terms will be on an individual basis, and that you will not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. You further agree that class arbitration, class actions, and consolidation with other arbitration proceedings will not be allowed. All disputes and claims between us will be heard by a single arbitrator.
We Are Not Attorneys, Accountants, CPAs or Fiduciaries
We are not a law firm or an attorney and do not provide legal advice. As we are not attorneys, there is no attorney-client relationship between us and the communications between us are not protected under attorney-client privilege. Use of our Services shall NOT create any fiduciary duty or obligations, either implied or express, by any agent, affiliate, or employee of the Company.
You agree to protect, defend, indemnify, and hold us harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages, and expenses (including attorneys’ fees and all related costs and expenses for litigation and/or arbitration) suffered or incurred by us, including, without limitation, any claim arising from:
Your wrongful or improper use of the Services;
Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property rights;
Your violation of any law, rule or regulation of the United States or any other country;
The failure of any third party, including but not limited to the Federal Communications Commission (FCC) or any other federal or state agency in providing you information and or services;
Any claims or action brought against us relating to your failure to maintain updated information on any of our websites.
Due to various state requirements and statutes, you may be required to provide us with accurate information concerning the Services. Therefore, you agree that you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your information. That being said, we do not sell your information, and we keep all information that is not required on public documents private.
Intellectual Property Rights & Ownership
It’d be weird if you thought using our Services granted you any rights to our Intellectual Property, but just so it’s clear, we own all right, title, and interest in and to all Intellectual Property (defined below) in the VOIP software, Services, and website, and none of it is yours, nor do these terms of service grant you any rights to our Intellectual Property. For purposes of these Terms, “Intellectual Property” includes all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, service mark rights, goodwill, trade secret rights, and any other such rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory, or other jurisdiction.
We do, however, desire client feedback to help us improve our Services, but if you submit an idea, and we implement it, you’re not entitled to any compensation of any kind. So please submit comments or ideas about our Services, but know that by submitting any idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality, or other obligation, and that we are free to use the idea without any compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.
Disclaimer of Warranties & Limitation of Liability
There’s no way to really break this section down into lay terms without losing some of the legal meaning, so we’re letting our legal team speak for us here.
DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR USE OF THIS SITE AND OUR SERVICES ARE PROVIDED “AS-IS” WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES REGARDLESS OF THE LEGAL THEORY, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO YOUR USE OF THIS WEBSITE AND OUR SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US FOR SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE OF YOUR CLAIM.
Waiver, Severability, and Assignment of Rights
This section is basically a catch all.
Our failure to enforce a provision of these Terms is not a waiver of our right to do so at a later date. If a provision of these Terms is found to be unenforceable, the remaining provisions of the Terms will remain in full force and effect.
This outlines how, for example, if we sold our company, our rights and obligations would transfer to the buyer, and it’d be their responsibility to uphold the Terms. However, due to the nature of the services we provide you are not able to assign the rights and obligations of this agreement to any person or entity.
In legal terms, assignment reads like this:
You may not assign your rights and obligations under these Terms provided we receive prior written notice of, and approve of, such assignment. We may assign our rights or obligations to any successor in interest of any business associated with the Services.
Force Majeure (and other Acts of God)
This is the final section of the terms and it essentially frees both us from liability and obligation in the case of extraordinary circumstances that are out of our control like famine, disease, the apocalypse, and other acts of God or the Gods.
We shall not be considered to be in breach or default of these Terms, and shall not be liable for any cessation, interruption, or delay in the performance of our Services or other obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God, or of the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott, or other similar event that is beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than sixty days in the aggregate, we may immediately terminate our Services and shall have no liability for, or as a result of, any such termination.