(Effective as of September 1, 2016)
ABOUT THE SERVICE
The Service allows you to record calls you have with prospects and clients while letting you review said calls for the purposes of training, selling, feedback and documentation.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
If you are a user who signs up for the Service, you will have a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- use the service for any unlawful purpose or for the promotion of illegal activities;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
POSTING AND CONDUCT RESTRICTIONS.
When you use the Service, you will create recordings and calls of all kinds (“Company Content”). You are solely responsible for the User Content that you create, post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your Company Content.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You are solely responsible for complying with any State or Federal laws in connection with your recording of meetings.
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any Company Content is solely your responsibility.
THIRD PARTY SOFTWARE
The Services may operate, interface and/or be delivered with other software licensed from and owned by third parties. Customer is solely responsible for installing, operating and maintaining all necessary rights to use any third party software with which the Services interact and for ensuring that use of the Services complies with all end user terms and conditions applicable with such use. Customer agrees to indemnify and hold Company harmless from any claims resulting from any such failure by Customer.
Subject to all of the terms and conditions in this Agreement and your payment of any fees in the amounts and at the times as specified during the Order Form process, Company grants the Customer a nonexclusive, nontransferable right and license to (a) install and use the Software and Documentation without modification and (b) access the Services, as provided by or on behalf of Company on a remote basis.
Customer shall not sublicense, distribute or otherwise transfer any Software to any of its customers or other third parties or permit third parties to access or use the Services unless the Company has officially built an integration for a specific third party. Customer’s use of the Services shall comply with all other limitations, prohibitions and conditions described in the Documentation and in this Agreement, including restrictions regarding the number of active copies of the Software.
Unless and only to the extent expressly specified in this Agreement, Customer shall not directly or indirectly (a) disassemble, decompile, reverse engineer or otherwise try to discover any source code or underlying organization, structures, ideas or algorithms of the Services (except and only to the extent these restrictions are expressly prohibited by applicable statutory law), (b) copy, adapt, combine, integrate, bundle, create derivative works of, translate, localize, port or otherwise modify any Services or Documentation, (c) use the Services or Documentation, or allow the transfer, transmission, export or re-export of all or any part of the Software or Documentation or any product thereof, in violation of any export control laws or regulations of the United States or any other relevant jurisdiction or (d) obscure, alter or remove any printed or on-screen proprietary or legal notice displayed by or contained on or in any copy of the Software or Documentation.
Except for the limited rights and licenses expressly granted hereunder, no other right, license or option is granted, no other use is permitted and Company (and its affiliates) owns and retains all rights, title and interests in and to the Services and Documentation.
LICENSE TO YOUR MATERIALS
Customer acknowledges and agrees that the Service may access information, data and other content or materials which you have access to or use in connection with third party software or services (“Customer Materials”). You hereby grant Company a license to process, reproduce and otherwise act with respect to such Customer Materials, solely to enable Customer to operate the Services. You represent and warrant that you have the right to allow the Company to access such Licensee Materials for use with the Services pursuant to this Agreement.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org or mail to the following postal address:
1607 Royal Red Trail, Apex NC 27502
Opting out may prevent you from receiving messages regarding the Company or special offers.
THE SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. NEITHER COMPANY NOR ITS SUPPLIERS OR LICENSORS WARRANT THAT THE SERVICES WILL FUNCTION IN ANY ENVIRONMENT OR BE COMPATIBLE WITH ANY APPLICATION OR THIRD PARTY SOFTWARE OR INFORMATION, OR THAT ITS OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED OR OTHERWISE MEET CUSTOMER’S BUSINESS REQUIREMENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (FOR ITSELF AND ITS LICENSORS) HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, REGARDING THE SERVICES AND DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR COMPANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more prospects or customers that you communicate with using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “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.”
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
This Agreement and the rights and obligations hereunder may not be assigned or otherwise transferred without the prior written consent of the other party, except that either party (without consent) may assign its rights and obligations hereunder to any of its affiliates or to any successor to all or substantially all of its business that concerns this Agreement (whether by sale of stock or assets, merger, consolidation or otherwise). This Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.