READ THE TERMS AND CONDITIONS BELOW CAREFULLY PRIOR CHECKING THE AGREEMENT ACCEPTANCE BELOW. BY DOING SO INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ("The Subscriber") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE SERVICES PROVIDED BY ROBOTALKER LLC. IF SUBSCRIBER IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF THE SUBSCRIBER IS NOT OF AGE, OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, THE SUBSCRIBER SHOULD PROMPTLY LEAVE THIS WEB PAGE. ROBOTALKER.COM LLC RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
1. GRANT OF RIGHTS TO USE SERVICES.
Effective upon acceptance of this Agreement, RoboTalker hereby grants to Subscriber a nonexclusive, nontransferable, free-of-charge license to access and use the Services, for Subscriber's use. Subscriber shall have no right to sell use of the Services nor make any claim that it does have such right. The Services will allow Subscriber to perform various functions sending prerecorded audio/voice/text messages to predetermined phone numbers. The Service will allow Subscriber to perform various functions setting up various pre-recorded audio voice messages and menu options that would allow callers to listen and respond to various voice prompts. Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the internet and all charges associated with such connection. All customer identity information will be held in complete confidence.
2. SUBSCRIBER REGISTRATION
The customer agrees that by suppling the exact (discounted) amount of purchase from their credit card statement at time of signup that they cannot request a refund based upon credit card fraud. Customers providing this information have information only attainable by them, the credit card holder, and cannot claim credit card fraud AND REQUEST A CHARGEBACK FROM ROBOTALKER.COM.
ALL SUBSCRIBER INFORMATION, UPLOADED PHONE NUMBERS, MESSAGES, DATES AND TIMES OF BROADCASTS WILL BE HELD IN STRICT CONFIDENCE AND NEVER WILL BE SHARED OR USED BY ROBOTALKER.COM LLC OR ANY OTHER COMPANY. THIS INFORMATION IS NOT THE PROPERTY OF ROBOTALKER.COM LLC AND CAN NOT BE SOLD, GIVEN OR SHARED.
Subscriber will provide all relevant data to RoboTalker upon signing up for the Services and at subsequent times as requested by RoboTalker. RoboTalker will NEVER use or distribute any registration data, phone numbers, or any related information to third parties. All telephone numbers are strictly confidential and can be erased by users or by us upon request. Phone numbers, names, message history will never be used by RoboTalker or provided to any other organization, person of company. >
3. ROBOTALKERS'S RIGHTS
RoboTalker shall retain all right, title and interest to the Services including all copyrights, trademarks and all other intellectual property right there to. Subscriber may not, nor allow any third party, to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and no use of trademarks is granted under this Agreement. The copyright notices and other proprietary legends shall not be removed from the Services and no use of trademarks is granted under this Agreement. Subscriber may not grant any sub-license, leases or other rights in the Services to any third party. All rights not expressly granted under this Agreement are retained by RoboTalker.
Either party may terminate this Agreement upon notice to the other party. RoboTalker reserves the right to suspend, deny or terminate Subscriber's service if RoboTalker, at its sole discretion, believes Subscriber is using or plans to use RoboTalker services in a manner that is unlawful, abusive, prohibited by the RoboTalker's Terms of Service or if Subscriber's use or planned use of RoboTalker services creates or could create a potential adverse impact to RoboTalker's ability to provide service to others. Upon termination, Subscriber shall immediately cease to use the Services and RoboTalker shall have no further obligations whatsoever to Subscriber. RoboTalker shall not be liable to the Subscriber or any third party for any reason for RoboTalker terminating this Agreement.
5. LIMITATION OF LIABILITY
In no event shall RoboTalker be liable to Subscriber or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. RoboTalker's liability for damages, regardless of the form of the action, shall not exceed the license fee paid by Subscriber for the Services, if any. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
6. WARRANTY DISCLAIMER
The Services licensed hereunder are licensed "as is" and "as available" and RoboTalker makes no warranties, express or implied, including but not limited to the implied Warranties of merchant ability and fitness for a particular purpose and any similar warranty whether said warranty arises under provisions of any law of the United States or any State thereof and any Country and any province thereof. RoboTalker makes no representations or warranties that the services are free of rightful claims of any third party for Infringement of proprietary rights. The entire risk associated with the use of the Services shall be borne solely by Subscriber. RoboTalker makes no warranty that the Services will meet Subscriber's requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected. RoboTalker Text Messaging service is a nonrefundable, nonreturnable, non-exchangeable prepaid service. All purchases are final. Unused balances are nonrefundable. (see section 7. RETURN POLICY) Additional call charges are billed the day following the call charges are incurred. Calls are billed in Call UNITS and not minutes. RoboTalker does not make any warranty pertaining to any goods or Services purchased, obtained, secured or acquired through the Services or any transaction entered into through the Service. RoboTalker does not warrant the accuracy or reliability of the results obtained through use of the Services or any data or information downloaded or otherwise obtained or acquired through the use of the Services. Subscriber acknowledges that any data or information downloaded or otherwise obtained or acquired through the use of the Services are at Subscriber's sole risk and discretion and RoboTalker will not be liable or responsible for any damage to Subscriber or Subscriber's property. Subscriber will not rely on any representation or warranty implied or expressed by any persons other than an authorized member of RoboTalker LLC with regards to RoboTalker products and services.
7. RETURN POLICY
RoboTalker offers a 30 day satisfaction guarantee. This means the following: if the user can provide proof that (1) any call was not actually delivered but was reported as delivered and the user's account was debited for the call or (2) the call was delivered more than the number of times the phone number appeared in the call list used and the user's account was debited for the calls, RoboTalker will credit or refund the amount pertaining to the call(s) in dispute. RoboTalker has 30 days from the date of the notification of the dispute to resolve the dispute. All disputes must be in writing and emailed to firstname.lastname@example.org.
8. INDEMNIFICATION FOR PRIVATE LLC'S, INC's AND INDIVIDUALS
With a full EXCLUSION of governmental agencies, all private entities subscribers shall indemnify and hold harmless RoboTalker, its directors, officers, employees, consultants, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber's use of the Services and any breach of the terms and conditions of this Agreement by NON-GOVERNMENTAL Subscriber including any violation of this agreement by subscriber or any other person using subscribers account including but not limited to any violation of any federal or state laws or regulations.
9. MODIFICATION TO SERVICES
During the term of this Agreement, RoboTalker may modify or discontinue any or all Services. RoboTalker shall not be liable to the Subscriber or any third party for any reason for RoboTalker ?s modifying or terminating of such Services. The Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Service prior to storing on the RoboTalker system.
10. MODIFICATION TO AGREEMENT
RoboTalker may automatically amend this Terms of Service Agreement at any time by (i) posting a revised agreement on the RoboTalker.com Web site, and/or (ii) sending information regarding the Terms of Service amendment to the email address Subscriber provides to RoboTalker.com. Subscriber is responsible for regularly reviewing the RoboTalker.com Web site to obtain timely notice of such amendments. Subscribers will be deemed to have accepted these amended RoboTalker Terms of Service if Subscriber continues to use RoboTalker service after such amended Terms of Service have been posted or information regarding such amendment has been sent to Subscriber. Otherwise, this Terms of Service Agreement may not be amended except in writing signed by both parties.
11. RULES AND REGULATIONS
Subscriber shall be fully and solely liable for any prerecorded audio, voice transmissions sent through the Service. RoboTalker has no control over the content of any transmission or the destination such transmission will be sent nor will it be liable for such content. Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, or illegal. Further, Subscriber will abide by all rules, regulations, procedures and policies of RoboTalker and any policies of the networks connected to the Services. Subscriber is fully and solely responsible to be aware of, understand, and comply with all of the rules and regulations applicable to Subscriber's use of RoboTalker service including but not limited to Federal Trade Commission rules and regulations, Federal Communication Commission rules and regulations, National Do Not Call Registry rules and regulations and individual state Do Not Call rules and regulations, Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any other federal, state or local laws that may be applicable to subscribers use of RoboTalker service. Subscriber agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of RoboTalker will not cause RoboTalker to violate these or similar laws. Subscriber is fully and solely responsible to be aware of, understand, and comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. ? 227, the Federal Communications Commission's implementing regulations, at 47 CFR ? 64.1200 et seq., the Controlling the Assault of Non-Solicited Pornography and Marketing Act and any other similar laws. Subscriber agrees not to violate these, or any other applicable federal, state or local anti- solicitation laws, and represents and warrants that its use of RoboTalker will not cause RoboTalker to violate these or other similar laws. Subscriber agrees that it is the sole responsibility of the Subscriber to abide by any laws defined by the State or Federal Government in which Services will be applicable. Subscriber understands and agrees that RoboTalker will not be held responsible for damages to the Subscriber or any third party incurred due to Subscriber's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney General's office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Service. Currently there are no numerical limits to the amount of transactions a Subscriber may send through the Services, however, RoboTalker may set numerical limits by notifying Subscriber. Subscriber agrees to abide by all applicable local, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's user name and password, including the content of Subscriber's transmissions through the Service.
By way of example, and not as a limitation, Subscriber agrees not to:
Use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming with automated calls. Create a false identity, caller id, or forged email address, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message. Impersonate any other person or entity or misrepresent your affiliation with any other person or entity. Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
12. THIRD PARTY ADVERTISER
Subscribers may enter into transactions with advertisers on the Services. Such transactions are between Subscriber and advertisers and RoboTalker has no connection with any such transaction. RoboTalker assumes no liability for any such transactions.
This Agreement merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services. In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties. All notices under this Agreement shall be in writing and delivered by email. This Agreement shall be construed in accordance with the laws of the State of California in the United States without regard to its conflict of law?s provisions. RoboTalker and the individual Subscriber and, if applicable, the Subscriber's company will submit to the jurisdiction of the State and Federal courts of Delaware in the United States. Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause RoboTalker irreparable harm and RoboTalker may obtain injunctive relief as well as seek all other remedies available to RoboTalker in law and in equity. Subscriber shall not assign its rights under this Agreement. This Agreement shall be binding on and inure to the benefit of the parties, their successors, and permitted assigns and legal representatives. The failure of RoboTalker to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it any way affect the validity of this Agreement. Sections 5, 6, 7, and 8 shall survive termination or expiration of this Agreement for any reason.
14. Additional Terms and Conditions for RoboTalker and other automated calling Services
Subscriber may not transfer, port, sell, assign or make any claim that it has the right to so with regard to any RoboTalker Local or Toll Free Number or Account. Subscriber understands that all RoboTalker Additional call charges and additional text messages charges are billed 24 hours for additional calls and or text charges are incurred. Excessive additional calls and text usage is subject to review by RoboTalker. RoboTalker at its sole discretion reserves the right to offer subscriber an alternative service plan that would prevent excessive additional calls and or text usage and reserves the right to place limitations on additional calls and or text usage. Inbound calls that result in a Live Call Transfer posted rates unless otherwise noted. (included in the cost of the outbound calls) Subscriber understands and agrees that in the event additional call usage exceeds RoboTalker at its sole discretion may charge subscribers credit card for all outstanding charges. In the event that the credit card issuer (1) declines any charges; or (2) requests return of payments previously made to RoboTalker, RoboTalker reserves the right to terminate or suspend service without prior notice. Subscriber's account service including but not limited to, Developer IVR, Local Number, Toll Free Number and Urgent Alert service may be canceled (1) with a written notice or cancellation request 90 day prior to renewal date, during which time normal monthly service fees will apply or (2) with a written notice or cancellation request asking for immediate cancellation, for which the additional call usage charges will apply. All charges for RoboTalker service will be charged to the credit card number subscriber provided when signing up for RoboTalker recurring services or the most current credit card number provided by subscriber for payment of RoboTalker call units. In the event credit card or other form of payment is denied, RoboTalker may discontinue service immediately. Payment must be made within 1 business days or service may be terminated and there is not a cancellation fee. Accounts will stay active and all call units purchased will not expire for 36 months after purchase.