Your use of the iCallHere Website, www.iCallHere.com (the "Website"), as well as the software (the "Software") and services (the "Services") provided by the Website, is subject to your compliance with these Terms and Conditions.
PLEASE READ THESE TERMS OF CONDITIONS CAREFULLY. BY ACCESSING THE WEBSITE, DOWNLOADING OR USING THE SOFTWARE OR UTILIZING THE SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. If you do not wish to be bound by these terms and conditions, you may not access or use the Website, Software or Services. These Terms and Conditions may be modified at any time without notice and any such modification shall be effective immediately upon posting with respect to the Website, Software and Services. By assenting to these Terms and Conditions, you agree to periodically review these Terms and Conditions and further agree that you will be bound by any modifications or amendments thereto. Your continued use of the Website, Software or Services following any such modifications shall be deemed your conclusive acceptance of the modified Terms and Conditions.
You agree to use the Website, Software and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Website any materials, or engaging through the Services in any conduct, that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any material or conduct that encourages unlawful activities. If iCallHere suspects that you have engaged in any of the foregoing conduct, iCallHere may, in its sole discretion, (i) terminate or suspend your account or use of the Services, Software and/or Website and/or (ii) forward the offensive materials and/or information related to such prohibited conduct, your communications with iCallHere, and your personally identifiable information to the proper authorities for investigation or prosecution.
All trademarks, service marks, corporate names, logos, websites and domain names of iCallHere and its affiliates and suppliers (collectively "Marks") are and shall remain the exclusive property of iCallHere and its affiliates and such suppliers and nothing in these Terms and Conditions shall grant you the license to use such Marks for any purpose.
The Services, Software and materials contained in the Website and otherwise provided by iCallHere are protected by copyright, or other intellectual property laws, and contain proprietary information of iCallHere. Any unauthorized use of the Services, Software and materials contained in the Website is strictly prohibited without the express, prior, written consent of iCallHere. Any reproduction or redistribution of the Services, Software and materials contained in the Website not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
The Software is the sole property and copyrighted work of iCallHere and/or its suppliers. Use of the Software is governed by these Terms and Conditions. Subject to the terms and conditions contained in these Terms and Conditions, iCallHere hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable right to use one (1) copy of the Software for your own personal use on a single computer. iCallHere, on its own behalf and that of its suppliers, reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the Software. You may not reproduce or distribute the Software for any purpose whatsoever. Without limiting the foregoing, you may not copy the Software to any server or location for reproduction or distribution. The contained herein apply equally to any updates that may be provided to you by iCallHere. The Software and any accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, or their successors as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government will be governed solely by the terms of these Terms and Conditions and will be prohibited except to the extent expressly permitted by these Terms and Conditions.
iCallHere does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does iCallHere warrant any connection to or any transmission over the Internet. Use of the Services shall be in accordance with these Terms and Conditions. Information on the Website or in other materials may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. iCallHere may also make improvements and/or changes to the Website, Software or Services at any time without notice. Statements and descriptions concerning the Service, Software or Website, if any, made by iCallHere or iCallHere's agents or partners are informational and are not given as a warranty of any kind.
All Services Software and the Website and equipment provided by iCallHere are provided "as is". ICALLHERE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, THE SOFTWARE, THE WEBSITE OR ANY EQUIPMENT PROVIDED.
NEITHER ICALLHERE NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, DIRECTORS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE EMERGENCY SERVICE CALLS, INCLUDING WITHOUT LIMITATION 911 CALLS, OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES OR SOFTWARE.
IN NO EVENT WILL ICALLHERE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSCRIBERS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS OF OR TO THE WEBSITE, SOFTWARE OR SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNATIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE OR SERVICES OR ANY TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF ICALLHERE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE WEBSITE, INCLUDING WITHOUT LIMITATION THE INABILITY BY YOU OR ANY THIRD PARTY TO BE ABLE TO DIAL 911 OR OTHER EMERGENCY SERVICE NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE.
By way of example, and not limitation, iCallHere and its officers, directors, employees, agents, subsidiaries, licensors, suppliers and any third party information providers of or to the Website, Software or Services shall not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1. act or omission of an underlying carrier, service provider, vendor or other third party;
2. equipment, network or facility failure;
3. equipment, network or facility upgrade or modification;
4. Force Majeure events such as (but not limited to) strikes; fire; war; riot; government actions;
5. equipment, network or facility shortage;
6. equipment or facility relocation;
7. service, equipment, network or facility failure caused by the loss of power to you;
8. outage of your ISP or broadband service provider;
9. your act or omission or that of any other person using the Service provided to you; or
10. any other cause that is beyond iCallHere's control, including without limitation, the failure of an incoming or outgoing communication,
the inability of communications to be connected or completed.
ICALLHERE'S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID TO ICALLHERE BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
Links available on or through the Website may enable you to leave the Website. The linked sites are not under the control of iCallHere and iCallHere is not responsible for the content of any linked site or any link contained on or through a linked site, any changes or updates to such sites or the privacy practices of any linked site. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. iCallHere is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iCallHere.
iCallHere cannot and does not guarantee or warrant that the files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Website, Software and Services, and your use of the Internet.
You agree to indemnify, defend and hold harmless iCallHere, its officers, directors, employees, agents, subsidiaries, licensors, suppliers and any third party information providers of or to the Website, Software or Services (the "Indemnified Parties"), from and against all third party claims, losses, expenses, actions, liabilities, damages and costs (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party to the extent directly or indirectly arising from your use of the Services provided by iCallHere, including the inability by you or any third party to be able to dial 911 or to access emergency service personnel . The provisions of this paragraph are for the benefit of the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You agree that iCallHere, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, Software or Website, for any reason, or no reason. iCallHere may also in its sole discretion, discontinue providing or modify the Service, Software or Website or any parts thereof. You agree that any termination of your access to, or modification of, the Service, Software or Website may be effected without prior notice. Further, you agree that iCallHere shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of iCallHere contemplated by this paragraph.
The export and re-export of the Service, Software and Website are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you agree to comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Service, Software and Website to any destination requiring such a license. In addition, the materials may not be exported or re-exported (i) into, or to a national or resident of, any country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. By activating the Service, downloading or using the Software or using the Website, you are certifying that you are not a national of one of these countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws rules. In any legal action or proceeding between you and iCallHere concerning or arising out of these Terms and Conditions, you agree to submit to exclusive jurisdiction of the federal and state courts located in New York City, New York and you expressly waive all defenses to lack of jurisdiction. Any cause of action or claim you may have with respect to the Service, Software or Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. iCallHere's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of these Terms and Conditions. iCallHere may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.