LAST REVISION: April 29, 2009
Welcome to FREECallnow.com. The following terms and conditions (the “Agreement”) constitute a legally binding agreement between Dream Network LLC, the owner and operator of FREECallnow.com (“FREECallnow,” “we,” or “us”) and you (“you” or “your”), and govern your use of the FREECallnow.com website (the “Website”) and the conferencing services offered by FREECallnow in association with the Website (the “Services”). By creating a user account or using the Services, you agree to be bound by this Agreement.
FREECallnow provides its Services to you at no cost. However, you are responsible for any telephone or communications charges that you incur. You may be accessing your FREECallnow account by a long distance telephone number, and those calls may be subject to long distance or other toll charges by your telephone carrier. You should check with your carrier to make sure you understand and can pay for any charges that apply to you.
Agreement Revisions
We may revise this Agreement periodically. If we do revise this Agreement, we will place a date at the top of this Agreement to indicate the date it was last revised. Any changes we make are effective immediately when we post them on this Website. Because this Agreement may be revised, we encourage you to review this Agreement each time you access the Website or use the Services. When you create an account, use the Services, or visit the Website, you are agreeing to the Agreement that is posted at that time. If you do not agree to all the terms and conditions in this Agreement, you should not create an account. If you have already created an account, you should immediately cease using the Services, and the Website.
Limited License
Subject to your compliance with the terms and conditions of this Agreement, we grant you a personal, revocable, non-exclusive, non-assignable and non-transferable license (the “License”) to access and use the Website and the Services in accordance with this Agreement and any instructions we may provide you from time to time. We reserve all rights, including all intellectual property rights, not expressly granted to you in this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.
General Requirements
In order to use the Services, you will be asked to create a user account (an “Account”). In connection with this Account, you must provide certain information (“Registration Data”) and answer all inquiries marked “required.” You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that FREECallnow may contact you and require you to confirm some or all of your Registration Data before using certain Services. We reserve the right to terminate the License and to refuse to provide you with any and all current or future use of the Services if in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or appears to be, untrue, inaccurate, not current or incomplete. You must be thirteen (13) years old or older to create an account or use the Services. If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to create and account or use the Services.
Registration Data
You agree that only you will use your FREECallnow account, and that you will not share your Registration Data with anyone else. You are responsible for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify FREECallnow of any unauthorized use of your Account or any other breach of your account security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section, and you agree to indemnify and hold harmless FREECallnow for any losses we or anyone else incurs as a result of your failure to comply with this section.
Termination of Services
FREECallnow may discontinue, terminate, suspend or shut down the Website or Services at any time and for any or no reason. We may, at our option, give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Services or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Without limiting the generality of the foregoing, we may revoke or terminate your License to use the Service if you: (i) breach any obligation in this Agreement or in any other agreement between you and us; (ii) violate any policy or guideline applicable to the Website or Services; or (iii) use the Website or the Services other than as specifically authorized in this Agreement, without our prior written permission. Upon any such action by us, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.
Compliance with Laws and Prohibited Conduct
When using the Website or Services, you will comply with all applicable federal, state, and local laws, rules or regulations, whether now existing or enacted in the future. You may not use the Website or Services in any way which:
• violates or infringes upon the rights of others;
• is unlawful, threatening, harmful, harassing, abusive, defamatory, invasive of privacy or publicity rights;
• is vulgar, obscene, hateful, profane, indecent, or racially, ethnically or otherwise objectionable; or
• promotes, encourages, solicits, omits, or condones conduct which constitutes a criminal or civil offense.
Additional Restrictions
You may not:
• transmit or otherwise make available any content that: (i) you do not have the right to provide or transmit using the Services, (ii) may expose FREECallnow or its affiliates, licensors, or users to any harm or liability, or (iii) is unlawful, untrue, or otherwise objectionable;
• transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• copy any portion of the Services or any underlying content or source code;
• reverse engineer, disassemble or decompile any portion of the Services, or otherwise attempt to discover or re-create the source code to any software;
• distribute the software or source code behind the Services to any third party;
• make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Services;
• remove, alter, or obscure any copyright or other proprietary notices of FREECallnow or its affiliates or licensors in any portion of the Services;
• obscure or disable any advertisements that appear on or through the Services;
• use any type of automated means to utilize the Services;
• access without authorization any networks, systems, or databases used in providing the Services or any accounts associated with Services, or to access or use any information therein for any purpose;
• attempt to probe, test, hack, or otherwise circumvent any security measures;
• violate any requirements, policies, procedures or regulations of any network connected to the Services;
• use any of the Services in any manner that could damage, disable, overburden, or otherwise impair the Services (or the networks connected to the Services);
• interfere with or disrupt the use and enjoyment by others of the Services or the Materials;
• falsely state, impersonate, or otherwise misrepresent your identity;
• use the Services in any manner that exposes the FREECallnow to any harm or liability of any nature; or
• use the Website, Services, or any name, trademarks or other intellectual property of FREECallnow in conjunction with the sending of unsolicited commercial email.
DISCLAIMER OF WARRANTY
THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE OR SERVICES OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE WEBSITE OR SERVICES OR MATERIALS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FREECALLNOW AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE OR SERVICES OR MATERIALS.
WITHOUT LIMITING THE FOREGOING, NEITHER FREECALLNOW NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE “FREECALLNOW PROVIDERS”) REPRESENT OR WARRANT (I) THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE WEBSITE OR SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY SERVICES; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE WEBSITE OR SERVICES ARE NON-INFRINGING.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY OF THE FREECALLNOW PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE WEBSITE OR SERVICES, (II) ANY USE OR INABILITY TO USE THE WEBSITE OR SERVICES FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY SERVICES, IN EACH CASE EVEN IF THE FREECALLNOW PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FREECALLNOW PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FREECALLNOW FOR ACCESS TO OR USE OF THE WEBSITE OR SERVICES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Your Indemnification Obligations
You agree to hold harmless, defend and indemnify the FREECallnow Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any of the Website or Services, including, without limitation, any actual or threatened suit, demand or claim made against any FREECallnow Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; (iii) your use of any of the Website or Services; or (iv) any content that you transmit through the Services. FREECallnow may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with FREECallnow in such event.
Third Party Links
FREECallnow may, as a convenience to its users, make link to third-party Web sites or resources available on or through the Website or Services. FREECallnow is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party Web sites and resources which may be accessed through the Website or Services. In addition, FREECallnow does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such Web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources.
Copyrights
Contents © 2009, Dream Network LLC All Rights Reserved.
All content included on this Web site, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FREECallnow or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Web site is the exclusive property of FREECallnow and protected by U.S. and international copyright laws.
Trademarks
FREECALLNOW, FREECALLNOW.COM, and other FREECALLNOW graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of FREECallnow or its affiliates in the U.S. and/or other countries. FREECallnow’s trademarks and trade dress may not be used in connection with any product or service that is not FREECallnow’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FREECallnow. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.
Notification of Claimed Infringement (DMCA)
FREECallnow strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the materials available on or through the Website or Services infringes upon any copyright you own or control, or that any link made available on or through the Website or Services directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an “Infringement Notice”). An Infringement Notice must be in writing (sent by fax or regular mail - not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
To expedite our ability to process an Infringement Notice, please provide the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you believe is being infringed;
• A description of the location of the material that you believe is infringing the copyrighted work;
• Your contact information (please include your address, telephone number, and email address);
• A 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; and
• A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf.
Sign the Infringement Notice and send the written communication to:
Balasubramani & Webb PLLC
8426 40th Ave SW
Seattle, WA 98136
Fax: 206-260-3966
Severability
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
Governing Law; Venue
YOUR USE OF THE WEBSITE OR SERVICES AND MATERIALS SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE OR SERVICES. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
