My247Call

Terms


The terms set forth below constitutes an agreement ("Agreement") between My247Call.com, LLC, a limited liability corporation ("MY247" "we" or "us"), and the end-user customer ("Customer", "you" or "user") for all of MY247's services ("Service" or "Services"). If you are not willing to be bound in its entirety by these terms and conditions of service, do not click the box next to "I Agree to the terms of use" box. Please be aware that, any of the following actions, without limitation or qualification, constitutes your acceptance and agreement to be bound by and to comply with all of the terms and conditions of service of this Agreement: (i) your registering for Service on our Web page as part of the registration process, whether as part of the free-trial or pay-for-service; (ii) providing your credit card number and billing information, or (iii) clicking the box "I Agree to the "terms of use." By agreeing to this Agreement and subscribing to the Service, you may notify and communicate by various means with the individuals you designate (the "Contacts").

  1. PROPRIETARY RIGHTS. You acknowledge and agree that the MY247 Service and any related software or technology is owned by MY247. You shall not modify, reverse engineer, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any part of the MY247 Service. MY247call.com, the MY247call logo and other MY247 logos, product and service names are trademarks, service marks or other intellectual property of MY247 ("Property") and you agree not to display or use the Property in any manner without the prior written permission of MY247.

  2. REGISTRATION INFORMATION. You agree to provide MY247 with accurate and complete information when subscribing to the MY247 Service, and to update and maintain such information. You shall be solely responsible for identifying and providing MY247 with your Contacts and all related information. MY247 has the right to suspend, restrict or terminate your use of the MY247 Service if, in its sole discretion, MY247 believes that you have failed to provide complete and accurate information.

  3. UNLAWFUL OR PROHIBITED CONDUCT. You agree and warrant to MY247 that you will not use the MY247 Service for any purpose that is unlawful or prohibited by this User Agreement. Specifically, you represent and warrant to MY247 that you shall not: (i) violate any applicable laws or regulations in connection with your use of the MY247 Service, including but not limited to laws relating to surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, any duplicative or unsolicited messages (commercial or otherwise), or applicable international export, privacy laws, or other laws regarding the transfer and/or transmission of data; (ii) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iii) publish, post, upload, distribute, or disseminate any (i) inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information; or (ii) topic, name, material or information that incites discrimination, hate, or violence towards one person or a group because of their belonging to a race, a religion, or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; (iv) upload files, programs, or devices that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, trap or back door, or any other similar software or programs that may damage, delete, disable, or otherwise harm the operation of another's computer, software, data, system or property of another; (v) damage, impair, disable, or overburden the Service, interfere with MY247 's rights, interfere with any other subscriber or customer's use and enjoyment of the Services, or otherwise infringe on any person's rights, whether through the sending of spam or otherwise; and (vi) impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with MY247, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message.

  4. CONTENT. MY247 does not guarantee the accuracy, integrity, quality, or appropriateness of your Contacts, or any messages, communications, information, data, text, or other materials ("Content"), whether publicly posted or privately transmitted by you through the Service. You acknowledge that the Service simply acts as a passive conduit for the distribution and transmission of information and that MY247 has no obligation to screen, preview, or monitor such Content. You agree that you are solely responsible for evaluating the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the Service, including Content that may be offensive, indecent, or objectionable. Under no circumstances will MY247 be liable in any way for Content sent, accessed, posted, or otherwise transmitted via the MY247 Service.

  5. NO SPAM. MY247 will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to MY247 and its customers.

  6. GENERAL PRACTICES. You acknowledge and agree that MY247 may establish general practices and limits, which may not be published, concerning the use of the MY247 Service, including without limitation the maximum time that messages will be retained, the number of messages that may be sent, the length of message sent and the number of times and duration for which you may access the Service. You also acknowledge that MY247 reserves the right at any time to limit access to, modify, change or discontinue the MY247 Service, or any part thereof, with or without notice. You agree that MY247 shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the MY247 Service and any change in practices or modification to the Service is subject to this User Agreement and all the terms and conditions contained herein.

  7. MAINTENANCE. MY247 reserves regularly scheduled maintenance windows in order to maintain and upgrade MY247's infrastructure. Regularly scheduled maintenance times will be occurs as needed.

  8. SERVICE DISCLAIMER. MY247 does not make any warranty or representation regarding the Service; and you agree that you shall not hold MY247 responsible for, or liable for your inability to use the Service for any reason whatsoever. You agree that MY247 shall have no responsibility, obligation or liability for any consequences resulting from any failure in transmission or communications regardless of whether due to service providers or MY247, whether such consequences include death, illness, personal injury, or exacerbation or deterioration of any emergency or routine situation or event, and that you shall not hold MY247 liable for any acts or omissions of the service providers. You acknowledge and agree that the Services are not designated, intended, authorized, or warranted to be suitable for hosting life-support applications or other critical applications where the failure or potential failure of the Service can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support systems, and delays in getting medical care or other emergency services. You acknowledge and agree that use of the Service to support such applications is fully at your own risk and that you assume all risk arising out of such use.

  9. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless MY247, its officers, directors, owners, employees, agents, service providers, vendors, or customers from and against all actions, suits, losses, liabilities, claims, expenses, damages, and costs of every kind and description including, but not limited to, reasonable attorneys' fees, arising out of or in connection with your use of the Service and any breach of this Agreement. You agree and MY247 reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  10. LIABILITY DISCLAIMER. THE MY247 SERVICE IS PROVIDED "AS IS." NEITHER MY247 NOR ANY THIRD PARTY VENDORS, TELECOMMUNICATION OR OTHER SERVICE PROVIDERS MAKES ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, QUALITY OF INFORMATION, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE OR NON-INFRINGEMENT, REGARDING THE SERVICE OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, MY247 MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE SEQUENCE, ACCURACY, ADEQUACY, TIMELINESS OR COMPLETENESS OF THE SERVICE OR ANY INFORMATION FURNISHED HEREUNDER OR THAT ANY SUCH INFORMATION OR DATA DISSEMINATED MAY BE RELIED UPON FOR ANY PURPOSES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MY247, ITS AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES FOR ANY DAMAGES INCURRED BY YOU, EXCEED THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE TIME AT WHICH THE DAMAGES AROSE, REGARDLESS OF THE FORM OF ACTION.

  11. DAMAGES EXCLUSION. YOU EXPRESSLY AGREE THAT MY247 (AND ITS SERVICE PROVIDERS OR ANY OTHER THIRD PARTY) SHALL NOT BE LIABLE FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM (i) ANY USE OR INABILITY TO USE OR ACCESS THE SERVICE; (ii) ANY TERMINATION OF THIS AGREEMENT OR THE SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; AND (iv) ANY OTHER MATTER RELATING TO THE MY247 SERVICE, WHETHER ANY SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT FORESEEABLE, EVEN IF MY247 HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

  12. OTHER LIMITATIONS. Under no circumstances shall any other person or entity besides you be considered a third party beneficiary of this Agreement or otherwise be entitled to any rights under this Agreement. You shall have no rights or remedies against MY247 except as specifically provided under this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MY247 Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  13. CHOICE OF LAW. The User Agreement and the relationship between you and MY247 shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. The User Agreement governs your use of the MY247 Service and constitutes the entire agreement between you and MY247.

  14. SECURITY. To prevent unauthorized access, maintain data accuracy, and ensure the use of information, MY247 has put in place reasonable physical and electronic procedures to protect the information MY247 collects in order to support the Service. You acknowledge that the portion of the locations (of MY247 or its service providers) through which content will pass and the servers on which content will be stored will not be segregated or in a separate physical location from servers on which MY247's or its service providers' other customers content is or will be transmitted or stored.

  15. EMAIL NOTIFICATION. You agree that MY247 may communicate any notices to you, including notices of changes to the User Agreement, through e-mail, regular mail or by posting of those notices on the web site or through the MY247 Service.

  16. CONFIDENTIALITY. MY247 will not intentionally disclose any Contact information or any of the communications you send through MY247 or other information you provide to MY247, including contact information of the senders or recipients of those communications to any third party and will not use or disclose, and will limit such use or disclosure even within MY247's own organization, except as necessary to perform the Service, other than as required by government and law enforcement officials or if MY247 believes that such action is appropriate and necessary to protect and defend the rights of MY247, or to protect the safety of MY247 users and the general public. To prevent unauthorized access and maintain data accuracy, MY247 has in place industry standard physical and electronic procedures to protect the information we collect in order to support the Service. MY247 may sell, lease, barter or trade your customer information (excluding financial information) unless we are advised in writing that you do not consent to such use of your information.

  17. GENERAL USE PROVISIONS. All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials") are the property of MY247. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of MY247. Also, you may not "mirror" any Materials contained on this Web Site on any other server without MY247's prior express written permission. Except where expressly provided otherwise by MY247, nothing on this Web Site shall be construed to confer any license under any of MY247's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses from MY247. Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

  18. LINKS TO THIRD PARTY SITES This Web site may contain links to web sites controlled by parties other than MY247. MY247 is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. MY247 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MY247 of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

  19. THIRD PARTY PUBLICATIONS. MY247 has not co-authored, ratified, endorsed or adopted the information contained in any publications referenced on this web site by publishing it herein.

  20. DISCLAIMER. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MY247, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND MY247 HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. MY247 MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

  21. RECORDING CONVERSATIONS. MY247 provides a function that allows you to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state to state. You are solely responsible for complying with all federal, state and local laws in the relevant jurisdiction when using this feature. My247Call expressly disclaims all liability with respect to the recording of telephone conversations. You hereby release and agree to hold harmless My247 from and against any damages or liabilities of any kind related to the recording of any telephone conversations using the Services.

  22. INTERNATIONAL USE. My247Call makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which you reside. You hereby release and agree to hold harmless My247Call from and against any damages or liabilities of any kind related to your violation of any United States and international laws, rules and regulations in connection with your use of the Services.

  23. TERMINATION. My247 reserves the right to immediately disconnect or modify your Service if My247 determines, in its sole discretion that your use of the Service is or at any time did violate this Agreement. To prevent fraud, or if you are in breach of this Agreement as reasonably determined by My247 in its sole discretion, My247 may restrict, suspend, terminate or modify your Service with or without notice. Upon any termination in accordance with the foregoing, My247 may immediately deactivate your account and bar any further access to the Services. My247 not be liable to you or any third party for any reason for terminating the Services or preventing access to the Services if terminated or suspended pursuant to this section.

  24. GENERAL This Web Site may include inaccuracies or typographical errors. MY247 may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. MY247 may periodically make changes to the Web Site. This Agreement and the terms set forth herein set forth the entire understanding relating to the use of the web site and prevail over any prior or contemporaneous, conflicting or additional, communications. MY247 has the right to revise this Agreement at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by MY247. You are responsible for reviewing the terms and conditions regularly and your continued use of the MY247 Service shall be deemed to be your acceptance of this Agreement and all terms of use and any modifications thereto.