You may use VoiceRules only if you can form a binding contract with VoiceRules, and only in compliance with these Terms and all applicable laws. When you create your VoiceRules account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited.
If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms and that you agree to these Terms on the entity’s behalf.
You agree to incorporate VoiceRules’s policies into your own products and policies. If you are accepting these terms of service on behalf of your employer or another entity, you represent and warrant that: (i) you have the full legal authority to bind your employer, or the applicable entity, to these Terms of Service; (ii) you have read and understood the Terms of Service; and (iii) you agree, on behalf of the party that you represent, to these terms of Service. If you do not have the legal authority to bind your employer or the applicable entity, please do not put a checkmark next to the “I AGREE” checkbox and click on the SUBMIT button.
Updates to Terms of Service; Integration. We may, in our sole discretion, modify the Terms of Service with or without notice to you. The “Last Updated” date at the top of the Terms of Service will indicate when the latest modifications were made. By putting a checkmark next to the “I AGREE” checkbox and clicking on the “SUBMIT” button or continuing to access and use the Website after the Terms of Service are modified, you agree to such modifications. Therefore, you should review the Terms of Service prior to each use of the Website.
Intellectual Property. You acknowledge that all materials at the Website, including the Website’s design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of VoiceRules and/or its licensors, and are subject to and protected by California, the United States of America and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. VoiceRules authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of VoiceRules or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”) contained or described at the Website are the sole property of VoiceRules and/or its licensors and may not be copied, altered, or otherwise used, in whole or in part, without the prior written authorization of VoiceRules and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are the property of VoiceRules and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of VoiceRules. VoiceRules reserves the right to enforce its intellectual property rights to the fullest extent of the law.
You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Website for any purpose whatsoever.
Provided that you comply with these Terms of Service, you may use the VoiceRules. You are personally responsible for all traffic originating from your account. Therefore, you should protect your authentication keys and security credentials. Any action taken with your credentials is deemed to be actions taken by you, with all consequences including service termination, civil and criminal penalties. For the avoidance of doubt, your use of the Website is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through these Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the VoiceRules are either the property of VoiceRules or its affiliates or licensors. VoiceRules retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of these Terms of Service, the license shall also terminate and all rights shall revert to VoiceRules without the taking of action on the part of either party. All rights not expressly granted herein by VoiceRules to you are fully reserved by VoiceRules, its advertisers, and licensors.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the may not be owned by VoiceRules Inc., and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, VoiceRules Limited, our products, and services, or the Website.
Subject to your acceptance of and compliance with these Terms of Service, ongoing compliance with these Terms of Service, and payment if and as required for your right to use the Website, VoiceRules hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of these Terms of Service in and under our intellectual property rights in the Website, only to use them solely in accordance with these Terms and Conditions.
Term. The term (“Term”) of these Terms of Service will commence your acceptance of these Terms of Service and will remain in effect until terminated by you or VoiceRules. You may terminate these Terms of Service for any reason or no reason at all. We may suspend your right and license to use any or all Services or terminate these Terms of Service in its entirety for any reason or for no reason, at our discretion by providing thirty (30) days advance notice. If VoiceRules determines that providing advance notice would negatively impact VoiceRules’s ability to provide Services, VoiceRules may suspend your right and license to use any or all Services or terminate these Terms of Service without notice.
VoiceRules may suspend your right and license to use the Service or terminate these Terms of Service for cause effective as set forth below: Immediately upon our notice to you if (i) you violate any provision of these Terms of Service or we have reason to believe that you have violated these Terms of Service, (ii) there is an unusual spike or increase in your use of the Services for which there is reason to believe such traffic or use is fraudulent and/or negatively impacting the operating capability of the Service; (iii) we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (iv) you become the subject of a voluntary or involuntary bankruptcy or similar proceeding, or make an assignment for the benefit of creditors; and immediately and without notice if you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism. Upon our suspension of your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by you; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the Services; and (iii) all of your rights with respect to the Services shall be terminated during the period of the suspension.
Upon termination of these Terms of Service for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; (ii) all of your rights under these Terms of Service shall immediately terminate; and (iii) VoiceRules reserves the right to charge your card on file for any outstanding balance due on your VoiceRules account. Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property”, “Fees”, “Content”, “Representations and Warranties”, “Disclaimers and Limitations of Liability”, “Indemnification”, “Applicable Law and Jurisdiction” sections of these Terms of Service.
Except as otherwise expressly stated in these Terms of Service, you agree that VoiceRules shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website.
Downtime; Security. Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and we shall also be entitled, without any liability to you, to suspend access to or shut down all of the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any of the Services; (b) in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, may create a risk to the Services, to you or to any of our other customers if the Services were not suspended; or (c) in the event that we determine that any of the Services is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”) including and not limited to attempting additional calls per second than allowed or spamming end users in a prohibited manner. VoiceRules shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide you notice of any Service Suspension and to post updates regarding resumption of Services following any such suspension but shall have no liability for the manner in which we may do so or if we fail to do so.
We strive to keep the information you provide to us secure, but cannot guarantee that we will be successful at doing so. You acknowledge that you bear sole responsibility for adequate security, protection, and backup of your content including all audio recordings associated with your account. VoiceRules will have no liability to you for any unauthorized access or use, corruption, deletion, destruction, or loss of any of your content.
Fees. The Services are made available for a fee, you agree to pay all applicable fees. Our current fee schedule for our priced plans are set forth here: http://VoiceRules.com/pricing. You agree to pay any carrier costs, such as fees for porting your existing telephone numbers into or out of the Services. As such, VoiceRules reserves the right to increase or add new fees to any of its Services without advance notice. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You will provide such information to us as reasonably required to determine whether we are obligated to collect VAT from you. You are responsible for any charges imposed on VoiceRules by a carrier related to government fees for telecommunications, including but not limited to, Universal Service Fund fees, if applicable.
We may specify the manner in which you will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. All amounts payable by you under these Terms of Service will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, You shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, You shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.
Voice calls while using VoiceRules’s services are subject to carrier regulations within the region of use and the region that the call is made and or received. When using the VoiceRules platform, the following conditions and surcharges will apply:
The Abandoned calls during any applicable calendar month should be less than 20%. If more than 20% of total call attempts are Abandoned Calls during any applicable calendar month, VoiceRules reserves the right to charge, and the Customer will pay, the Abandoned Call Surcharge with respect to those Abandoned Calls in excess of such threshold. The percentage of Abandoned Calls is determined by dividing the total number of Abandoned Calls by the total number of calls. Abandoned calls are defined as calls initiated by VoiceRules, which are of zero (0) seconds in duration, where the end-user has not answered or has rejected/missed the calls. Abandon Call Surcharge - $0.01 per call.
The Average Call Duration (ACD) during any applicable calendar month should be greater than Ninety (90) seconds. If the Average Call Duration during any applicable calendar month is less than ninety (90) seconds, VoiceRules reserves the right to charge, and the Customer will pay, an ACD Surcharge equal to ‘The number of minutes Customer would have used if the Average Call Duration would have equaled ninety (90) seconds with respect to the number of calls actually completed”, minus “The number of minutes Customer actually used with respect to the calls actually completed”, multiplied by “The ACD Surcharge”. ACD Surcharge - $0.012 per minute.
Short Duration Calls during any calendar month should be less than 5%. If during any calendar month, 5% or more of the Customer’s completed calls are Short Duration Calls, VoiceRules reserves the right to charge, and the Customer will pay, a surcharge per Short Duration Call. Short Duration calls are defined as calls initiated by VoiceRules, which are less than 15 seconds in duration, where the end user has answered the calls. Short Call Duration Surcharge - $0.03 Per call.
Incomplete calls to Incoming Toll Free Numbers during any calendar month should be less than 5%. If more than 5% of total call attempts are Incomplete Toll Free Calls during any calendar month, VoiceRules reserves the right to charge, and Customer will pay, the Incomplete calls to Incoming Toll Free Call Surcharge with respect to those incomplete Calls in excess of such threshold. The percentage of Incomplete calls to Incoming Toll Free Calls is determined by dividing the total number of Incomplete Toll Free Calls by the total number of calls. Incomplete calls to Incoming Toll Free Numbers are defined as calls received by VoiceRules on a specific Toll Free number, which are of zero (0) seconds in duration, where VoiceRules Customer who owns/rented the Toll Free number has not answered, or has rejected the calls. Incomplete calls to Incoming Toll Free Call Surcharge - $0.10 Per call.
If you have any dispute with regards to fees associated with your account, please contact us at contact@VoiceRules.com within 90 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to your account, but in no event shall there be any cash refunds. Disputes older than 90 days shall not be entitled to any refunds or credits.
Use of VoiceRules. You will be required to establish an account at this Website in order to take advantage of the features of this Website. If so, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, or outdated, or VoiceRules has reasonable grounds to suspect that such information is false, inaccurate, or outdated, VoiceRules has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.
Upon using VoiceRules services, you hereby grant us permission to use your trade names, trademarks, service marks, logos, domain names, and the like, for the purpose of promoting and/or advertising your use of VoiceRules services. In addition, VoiceRules may request testimonials and create case studies, for the purpose of joint marketing and public relations efforts that will be published on our website and shared with current and potential customers.
You may be prompted to create a username and password to use features of the Website. If so, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another member’s account, nor allow others to use your account for any reason. You agree to: (a) immediately notify VoiceRules of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying VoiceRules. The VoiceRules Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications. You agree not to use the Services to offer any hardware or hardware/software combination of services for any unlawful purposes. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website.
Additionally, the following list gives examples of illegal, abusive, interfering, or otherwise unacceptable or inappropriate behavior while using the Website.
Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to VoiceRules, to any user of our Services, or to any of our or their respective customers.
Testing or reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
Using the Services in any manner that may subject VoiceRules or any third party to liability, damages or danger.
Using the Services in any manner that violates any applicable third party policies or requirements that VoiceRules has communicated to the customer.
Using the Services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
Engaging in fraud with respect to your account, including using any caller ID functionality of the Services to misrepresent the identity of a caller.
Using your account to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites.
Using any of the VoiceRules Properties or VoiceRules Marks other than as expressly permitted.
Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright, or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.
Engaging in spamming or other unsolicited advertising, marketing, or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls, voice mail, or faxes.
Offering services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services.
Promoting or engaging in illegal activities.
Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age. Harvesting or otherwise collecting information about others, including email addresses or phone numbers, from VoiceRules’s website without their express consent.
Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using Your account.
Violating or facilitating the violation of any International law regarding the transmission of technical data or software, or the recording of telephone calls.
Interfering with or disrupting networks connected to the Services or violating the regulations, policies, or procedures of such networks. Using the Services, or a component of the Services, in a manner not authorized by VoiceRules.
VoiceRules makes no representation that Materials contained at the Website or products or services described or offered at the Website are accurate, appropriate, or available for use in jurisdictions outside the United States of America, or that these Terms of Service comply with the laws of any other country. Visitors who use the Website and reside outside the United States of America do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal and that you, and not the VoiceRules Parties, are responsible for compliance with applicable local laws. Content. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
Representations and Warranties. You represent and warrant that you will not use the Services in a manner that violates these Terms of Service. You also acknowledge and understand that VoiceRules does not currently allow you to access any emergency services. The Services are not intended to replace any primary phone service, such as a traditional landline or mobile phone, that may be used to contact emergency services. You further understand and agree that you will have use of the telephone number(s) that are provided as part of the Services only until the end of the Term. You understand and agree that VoiceRules is the customer of record for all telephone number(s) provided as part of the Services and, therefore, VoiceRules has certain rights with respect to porting of the number(s) (“Porting” is causing or attempting to cause number(s) to be transferred, switched, or otherwise moved to any other service provider, telephone carrier, or any other person or entity). As the customer of record for the telephone number(s), VoiceRules owns the telephone number(s) assigned to you. VoiceRules reserves the right to refuse to port any telephone number(s) at its sole discretion.
If You “ported in” any telephone number(s) in connection with your use of Services, VoiceRules assigned you one or more toll-free telephone numbers, you are entitled to “port-out” a telephone number, or VoiceRules has agreed to port out any telephone number(s), you may “port-out” such number(s) only if you satisfy the following requirements: (1) you provide written notice to VoiceRules of your intent to “port-out” such number(s) no later than 30 days after providing VoiceRules notice of your intent to terminate these Terms of Service (the “Porting Notice Period”); (2) your new telephone carrier provides VoiceRules’s telephone carrier a duly executed porting request prior to the expiration of the Porting Notice Period; (3) you have paid VoiceRules for all Services provided to you prior to the date you provide VoiceRules notice of your intent to terminate these Terms of Service; and (4) you have paid VoiceRules any administrative fees associated with processing the port. You hereby authorize VoiceRules to charge your account in the applicable amount for the administrative fees in subsection (4) above or to otherwise arrange to make this payment to VoiceRules within the Porting Notice Period. Regardless of when the port-out is complete, You will continue to be responsible to pay all applicable account fees with respect to the telephone numbers until you formally terminate these Terms of Service. If you fail to satisfy any of the foregoing requirements, VoiceRules remains the customer of record over the number(s) and you are expressly prohibited from causing or attempting to cause such number(s) to be transferred to any other service provider, telephone carrier or any other person or entity. VoiceRules also retains the right to reclaim the number(s) from you after the number(s) are ported out in contravention with these requirements and authorize VoiceRules to charge your account or take any other measures to collect the costs associated with causing the number(s) to be returned to VoiceRules. You understand and agree that even if you satisfy the requirements set forth in this section, technical or procedural difficulties or interruptions may occur when attempting to port out these numbers and such difficulties or interruptions may prevent your new carrier from porting the numbers. VoiceRules is not responsible for such technical or procedural difficulties or interruptions.
You understand and agree that following the termination of these Terms of Service for any reason, your number(s) may be re-assigned to another customer. You agree that VoiceRules will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and You hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort, or other grounds, even if VoiceRules has been advised of the possibility of damages.
You understand and agree that VoiceRules may need to change the telephone number(s) assigned to you. You agree that VoiceRules will not be liable for damages (including consequential or special damages) arising out of any such change in the telephone number(s) assigned to you and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if VoiceRules has been advised of the possibility of damages.
You represent and warrant that you have read and understood these Terms of Service, and you agree to abide by their terms, where applicable, including as incorporated by reference herein. You further agree to abide by all applicable local, state, national, foreign, and international laws and regulations and that you will be solely responsible for all acts or omissions that occur under Your account or password, including the content of your transmissions through the Service.
You represent and warrant that without VoiceRules’s express written consent you will not use, and will not authorize any third party to use, any Public Software (as defined below) in connection with the Services in any manner that requires, pursuant to the license applicable to such Public Software, that any of the Services be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients. “Public Software” means any software, documentation, or other material that contains, or is derived (in whole or in part) from, any software, documentation, or other material that is distributed as free software, open source software (e.g., Linux) or similar licensing or distribution models, including, but not limited to software, documentation or other material licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (i) GNU’s General Public License (GPL), Lesser/Library GPL (LGPL), or Free Documentation License, (ii) The Artistic License (e.g., PERL), (iii) the Mozilla Public License, (iv) the Netscape Public License, (v) the Sun Community Source License (SCSL), (vi) the Sun Industry Standards License (SISL), (vii) the BSD License and (viii) the Apache License.
Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, VOICERULES, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “VOICERULES PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE VOICERULES PARTIES MAKE NO WARRANTY THAT: (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
THE VOICERULES PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VOICERULES AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE VOICERULES PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM VOICERULES VIA THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE VOICERULES WEBSITE DOES NOT AND IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. “EMERGENCY SERVICES SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS.” NEITHER VOICERULES NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE VOICERULES OR ITS SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.
Indemnification. You agree to indemnify, defend and hold harmless the VoiceRules Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Website. We reserve the right to assume, at our sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defence of any such claim, action, settlement or compromise negotiations, as requested by us.
Applicable Law and Jurisdiction. Your use of the Website is governed by and will be enforced under the laws of the United States of America without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the United States of America. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
YOU AND VOICERULES BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION. THERE’S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THESE TERMS OF SERVICE, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. YOU AND VOICERULES ALSO BOTH AGREE THAT: THE United States of America ARBITRATION ORDINANCE APPLIES TO THESE TERMS OF SERVICE. ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OF SERVICE OR FROM ANY SERVICES YOU RECEIVE FROM US WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE COURT OF United States of America.
THESE TERMS OF SERVICE DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE HKAO PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THESE TERMS OF SERVICE.
IF EITHER YOU OR VOICERULES INTENDS TO SEEK ARBITRATION UNDER THESE TERMS OF SERVICE, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO VOICERULES SHOULD BE SENT AS REQUIRED BY THESE TERMS OF SERVICE. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF YOU AND VOICERULES ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.
AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
Procedure for Notifying the Company of Copyright Infringement. Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information: An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed.
Information describing where the allegedly infringing material is located on the Website.
Your address, telephone number, and email address./
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
The aforementioned information may be emailed to legal@VoiceRules.com or mailed to our Copyright Agent at the following address, copyright@VoiceRules.com
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the member responsible for posting said material. The posting of infringing copyrighted material may result in the termination of member privileges of said responsible member.
Miscellaneous. These Terms of Service constitute the entire and only Terms of Service between VoiceRules and each user of the Website with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the VoiceRules Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service.
Customer Service. If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may reach us at contact@VoiceRules.com