Effective as of May 31, 2014
1. ACKNOWLEDGEMENT AND ACCEPTANCE.
- Hubdialer LLC (“Site Operator”) provides, through use of its website, www.hubdialer.com (the “Site”), and its services and products (together with the Site, collectively, the “Services”), resources for web-based outbound telephone call programs.
- The Services are controlled and offered by Site Operator from its facilities in the United States of America. Site Operator makes no representations that any of the Services, including, without limitation, the Site, is appropriate or available for use in other jurisdictions. If you are a non-U.S. resident and you access any of the Services, you do so at your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Site or the Content (as defined below) or any of the other Services in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
2. LICENSE GRANT AND SITE CONTENT.
- The Content and each of the Services are protected by copyright and other United States and foreign intellectual property and related laws. The Content provided by Site Operator may include both material owned or controlled by Site Operator and material owned or controlled by third parties and licensed to Site Operator. As between you and Site Operator, title to all Content and the Services remains with Site Operator, excluding any content, data or information provided by a Subscriber under a Subscriber Agreement which is deemed to be the property of Subscriber pursuant to the terms thereof. Using, copying or storing any Content or Service other than for noncommercial, personal use is expressly prohibited without prior written permission from Site Operator or the applicable copyright holder. All rights not expressly granted herein are reserved by Site Operator.
3. SUBSCRIBER RESOURCES.
The Subscriber Area and certain other Services (collectively, the “Subscriber Resources”) may be made available by Site Operator, for a fee, to individuals, companies and other organizations (each, a “Subscriber”) that enter into a written Master Agreement for Services or any other written agreement with Site Operator (a “Subscriber Agreement”) for the right to access and use such Subscriber Resources. Access to and use of the Subscriber Resources, including, without limitation, Subscriber Areas, is by paid subscription only by Subscribers and their permitted designees pursuant to the applicable Subscriber Agreement between a Subscriber and Site Operator for such Subscriber Resource.
4. SUBSCRIBER AREAS.
6. USER CONDUCT.
You agree that when using any Service, you will act in a manner consistent with the goals of such Service, and by way of example, and not as a limitation, you specifically agree that you will not:
- intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
- use any spider, robot or other automated device or automated or manual process to copy, monitor, or keep a database copy of the Content or any portion of the applicable Service;
- use such Service to create any fraudulent or false inquiry or account;
- access or use such Service in any way that, in Site Operator’s sole discretion, adversely affects the function or performance thereof or any other networks or computer systems used by Site Operator or any other Users, or infringes on Site Operator’s or any third party’s rights of privacy or publicity or any proprietary rights;
- transmit or upload to the Site, or use in connection with such Service, any software, device or routine that contains viruses, worms, time bombs, Trojan horses or other computer programming routines that may interfere with or attempt to interfere with, damage or in any way intercept the normal operation of the Site or such Service, or take any action that imposes an unreasonable load on the computing platform related thereto; or
- post information on or download information from the Service unless you have all rights and authority necessary to do so;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material available through the use of such Service;
- attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, Site Operator’s servers or software, or any areas of the Site not intended for your access;
- post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by Site Operator for such purposes; or
- harvest, mine or otherwise collect or store personal information about other Users, including, without limitation, e-mail addresses and the content of User profiles.
7. COPYRIGHT NOTIFICATION.
Site Operator does not permit copyright infringing activities and other infringement of intellectual property rights on its Site, and Site Operator will remove Content if properly notified that such Content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content in any area of the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Site Operator’s designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and an electronic mail address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact Site Operator’s designated Copyright Agent at email@example.com to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Site Operator through the Contact area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
Hubdialer the Site’s logo and other product and service names of Site Operator are trademarks of Site Operator (collectively, the “Marks”). You agree not to display, reproduce or otherwise use in any manner the Marks without Site Operator’s prior written permission.
The Site may provide links to other websites or resources. Site Operator is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Site Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. Site Operator provides these links and references to you only as a convenience. Unless otherwise expressly stated, a link does not imply Site Operator’s endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and Site Operator does not accept any responsibility therefore.
10. CONFIDENTIAL INFORMATION.
11. DISCLAIMER OF WARRANTIES.
- THE USE OF ANY OF THE SERVICES IS AT THE USER’S SOLE RISK. EACH OF THE SERVICES IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SITE OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR RELIABILITY OF THE CONTENT, THE AVAILABILITY OF THE SITE OR ANY OTHER SERVICE AT ANY PARTICULAR TIME OR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS IN THE SITE OR ANY OTHER SERVICE, OR THAT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SITE OPERATOR MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR THAT USE OF SUCH SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES SITE OPERATOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH SERVICE.
- ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM SITE OPERATOR OR THROUGH THE SITE OR ANY OTHER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USERS.
12. LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES SHALL SITE OPERATOR BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE ANY OF THE SERVICES, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF ANY SERVICE TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF SITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER. NOTWITHSTANDING THE FOREGOING, SITE OPERATOR’S LIABILITY IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED $100.00.
14. USER FEEDBACK.
Site Operator is pleased to hear from Users and welcomes your comments regarding the Services. If you send Site Operator your feedback, ideas and materials (collectively, “Feedback”), please understand that by submitting such Feedback to Site Operator, you irrevocably assign to Site Operator, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. Site Operator will be entitled to use such Feedback for any purpose whatsoever without restriction and without compensating you in any way, and by submitting Feedback, you represent to Site Operator that you have the right to do so.
15. MODIFICATION, WAIVERS, INTEGRATION.
18. SEVERABILITY AND THIRD PARTIES.
19. GOVERNING LAW AND JURISDICTION.
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