This Customer Service Terms and Conditions Agreement (“Terms and Conditions“ or “Agreement”) governs all the terms and conditions associated with a Customer's (“you," “user" or "Customer") use of the communications services and any related products or services ("Service") offered by or through the ConferenceNOWapp.com website and ConferenceNOW mobile Apps by Callcentric, Inc. (“we,” “us”, “ConferenceNOW”, or “Callcentric”).
Since using the ConferenceNOW services are an online transaction, it is understood between ConferenceNOW and the Customer that online acceptance of this Agreement will carry the same legal authorization as if the Customer is providing a handwritten signature of acceptance.
TERMS AND CONDITIONS
- Services Provided.
- ConferenceNOW offers the Customer the ability to create, distribute, and join a telephone based call conferencing service and communicate with other participants of the conference, free of charge. A complete list of ConferenceNOW services can be found on the Website (www.ConferenceNOWapp.com).
- Service Outages.
- While ConferenceNOW strives to be 100% available, Service Outages may occur due to Internet Outages, failure of the Public Switched Telephone Network (“PSTN”), failure of the ConferenceNOW network or Service, or your carrier or any intermediary carrier blocking, failing, or mis-routing calls destined to the Service.
- ConferenceNOW does not provide any guarantee that the service will be available at any time, and will not reimburse you for the failure or inability to use the Service.
- Prohibited Uses.
- Unlawful. You shall use the Service only for lawful purposes. ConferenceNOW reserves the right to immediately terminate your Service if, in our sole and absolute discretion, ConferenceNOW determines that you have used the Service for an unlawful purpose. In the event of such termination, ConferenceNOW in its sole discretion may block or prevent you from using the Service in the future. If ConferenceNOW believes that you have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, ConferenceNOW will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc, from the government under the Patriot Act or USA Freedom Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
- Inappropriate Conduct. You shall not use the Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. ConferenceNOW reserves the right to immediately terminate your Service if, in our sole and absolute discretion, ConferenceNOW determines that you have used the Service in any of the aforementioned ways. In the event of such termination, ConferenceNOW in its sole discretion may block or prevent you from using the Service in the future. If ConferenceNOW believes that you have used the Service in any of the aforementioned ways, ConferenceNOW may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, ConferenceNOW will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders and requests for wire taps etc, from the government under the Patriot Act or USA Freedom Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
- Tampering with the Service. You shall not attempt to reverse engineer, hack, or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
- Conference call-in numbers.
- Telephone numbers provided to you in connection with the Service are not provided to you exclusively, and may be used by multiple other customers. As such, you agree that you have no ownership, interest, or rights to the call-in number(s) you are provided by the Service. Call-in numbers are not eligible for Local Number Portability (“LNP”) and you may not port a call-in number away to a different service, service provider, or carrier.
- The Call-in number(s) provided by the ConferenceNOW Service are located in the United States. You are solely responsible for any charges your telecommunications carrier(s) bill you for connecting to the call-in number(s).
- Service Distinctions. The Service is not a telecommunications service and ConferenceNOW provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that ConferenceNOW provides. The Service is subject to different regulatory treatment than telecommunications services. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
- Service Availability. To access the ConferenceNOW Services, the Customer must have access to a high-speed internet connection as well as a telephone capable of dialing a telephone number in the United States. ConferenceNOW will not reimburse the Customer for any extra charges assessed by Customer's internet provider or telephone carrier as a result of using their services to access the ConferenceNOW Service.
- Call-in number / PIN. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY CALL-IN NUMBER AND PIN THEY ARE ASSIGNED. AS SUCH, CONFERENCENOW CANNOT BE HELD RESPONSIBLE FOR THEFT OR FRAUDULENT USE OF THE CALL-IN NUMBER AND PIN ASSIGNED TO YOU. If a Customer suspects that their Call-in Number and/or PIN is being used in an unauthorized manner, the Customer shall be required to contact ConferenceNOW within twenty-four (24) hours of a Customer's suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage.
- Call-in number / PIN expiration. Any Call-in number and/or PIN you are assigned by the Service may be set to expire after a specific number of days or on a specific date. Once a Call-in number and/or PIN have expired you will not be able to use them again and you must request a new Call-in number and PIN from our app. Notwithstanding the foregoing, ConferenceNOW, expressly reserves the right to cancel any Call-in number or PIN, in its sole discretion, which has not been used for over thirty (30) consecutive days.
- Discontinuance of Service. ConferenceNOW reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If your Service is terminated due to your breach of any provision of this Agreement, ConferenceNOW may at its sole discretion block or prevent you from using the service in the future.
- Cancellation. A customer may discontinue use of the ConferenceNOW Service at any time.
- ConferenceNOW reserves the right, at its sole discretion and for any reason, to terminate this Agreement and the Customers access to the Service.
- Agents. ConferenceNOW does not authorize any third-party agents or resellers to sell the ConferenceNOW Service, electronically or through phone cards, unless specifically authorized by ConferenceNOW. If contacted by an agent, a Customer is required to contact ConferenceNOW to confirm that the contacting agent is licensed and authorized by ConferenceNOW to provide these services. If a Customer fails to confirm authorization of a third-party agent or reseller of ConferenceNOW, Customer cannot hold ConferenceNOW liable and expressly releases ConferenceNOW from any representation made by an unauthorized third-party agent or reseller.
- Access to Third-Party Vendors. ConferenceNOW Customers may also purchase various products and services from third-party vendors by accessing those third-party vendors directly through ConferenceNOW's Website via click throughs or hyperlinks. ConferenceNOW is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. ConferenceNOW provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, guarantee or warranty (either expressed or implied) by ConferenceNOW of the site or the products/services offered through that site.
- Customer Service. The ConferenceNOW Service is provided free of charge and without any form of customer service or support. If a Customer has any questions, concerns or complaints about the Service, we can be contacted here, however we cannot guarantee you will receive a response.
- No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
- Limitation of Liability. CONFERENCENOW SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. CONFERENCENOW WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF CONFERENCENOW HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, CONFERENCENOW SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
- No Warranties. CONFERENCENOW DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
- Force Majeure. ConferenceNOW shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of ConferenceNOW.
- Indemnity. Customer agrees to indemnify, defend and hold ConferenceNOW, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website and Service, from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, Customers use of the Website, the ConferenceNOW Apps, and/or your transactions/communications with third-party vendors initiated via the Website.
- Exclusive Jurisdiction and Venue. Any suit involving any dispute or matter arising under this Agreement may only be brought in the United States District Court, Eastern or Southern Districts of New York located in the State of New York or the Supreme Court of the State of New York, County of New York, which shall have jurisdiction over the subject matter of the dispute or matter. Customer hereby expressly consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding and waive any objection to venue or inconvenient forum and to the waiver of any right to bring, represent or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Court. CUSTOMER EXPRESSLY WAIVES ANY RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE OF SETOFF IN ANY CLAIM FILED BY CONFERENCENOW UNDER THE TERMS OF THIS AGREEMENT.
- Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of ConferenceNOW, including but not limited to "ConferenceNOW”, "ConferenceNOWapp.com”, “ConferenceNOW.net” (collectively "Marks") are and shall remain the exclusive property of ConferenceNOW and nothing in this Agreement shall grant Customer the license to use such Marks without the express written permission of ConferenceNOW.
- Assignment. ConferenceNOW may assign its rights and duties under this Agreement to any party at any time without notice to the Customer. A Customer may not assign their rights and duties under this Agreement without the express written permission of ConferenceNOW, and such permission and/or authorization shall be in the sole discretion of ConferenceNOW.
- Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision of this Agreement will continue in full force and effect.
- Integration - Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between Customer and ConferenceNOW with respect to the services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and ConferenceNOW.
- Governing Law. This Agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York.
- Waiver. ConferenceNOW's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision hereof nor ConferenceNOW’s right to enforce a provision upon the Customer.
- Term. The term of this Agreement shall be from the Customers first use of the Website and/or Service and continuing to one (“1”) year after the last use of the Website and/or Service.
- Compliance with Laws. ConferenceNOW shall comply with all applicable federal, state and local laws and/or regulations regarding the provision of the services provided for under this Agreement.
- Use. Customer agrees to use ConferenceNOW's service in a lawful manner, which is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. ConferenceNOW reserves the right to immediately, and without notice, terminate, or otherwise discontinue, service to the Customer in the event it determines that a Customer has violated any such term, condition, law and/or regulation.
- Content. You will be responsible for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using the Service (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. ConferenceNOW reserves the right to terminate or suspend your Services and remove you or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. ConferenceNOW's action or inaction under this Section will not constitute any review or approval of you or your Users' use or content.
- Legality. CONFERENCENOW MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT BEING PROVIDED IS LEGAL OR ALLOWED IN YOUR HOME COUNTRY, OR THE COUNTRY YOU ARE PLACING CALLS FROM. CONFERENCENOW IS NOT RESPONSIBLE FOR VERIFYING LOCAL/NATIONAL LAWS AND IT IS UP TO YOU TO DETERMINE IF USING THE CONFERENCENOW SERVICE IS LEGAL IN YOU COUNTRY/JURISDICTION. BY ACCEPTING SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU ARE EXPRESSLY RELIEVING CONFERENCENOW FROM ANY LIABILITY ARISING UNDER THE TERMS OF THIS PROVISION.
- Modifications/Amendments. This Agreement may be modified or amended by ConferenceNOW at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under Terms and Conditions. YOUR CONTINUED USE OF THE WEBSITE AND SERVICE WILL BE CONCLUSIVELY DEEMED TO BE AN EXPRESS ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS AGREEMENT AND ANY MODIFICATIONS.
--Updated March 7, 2017