PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
USING THIS SITE. BY USING THIS SITE, YOU AGREE TO
THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE
TERMS OF USE, PLEASE DO NOT USE THIS SITE.
General. This site is owned and operated by Call
Command LLC. (referred to as "Tex e Call™"). Tex e
Call™ has the right at any time to change or
discontinue any aspect or feature of the site,
including, without limitation, the content, hours of
availability, and equipment needed for access or use
of the site.
Equipment. You shall be responsible for obtaining
and maintaining all telephone, computer hardware and
other equipment needed for access to and use of the
site and all charges related thereto. Restrictions
on Use.
You shall use the site for lawful purposes only. You
shall not post or transmit through the site any
material which violates or infringes in any way upon
the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense,
gives rise to civil liability or otherwise violate
any law. Without Tex e Call™'s express prior
approval, you shall not post or transmit through the
site any material which contains advertising or any
solicitation with respect to products or services.
You shall not use the site to advertise or perform
any commercial solicitation, including, without
limitation, the solicitation of users to become
subscribers of other on-line information services
competitive with the site. Any conduct by you that
in Tex e Call™'s discretion restricts or inhibits
any other user from using or enjoying the site will
not be permitted.
The site contains copyrighted material, trademarks
and other proprietary information, including,
without limitation, text, software, photos, video,
graphics, music and sound, and the contents of the
site are copyrighted under the United States
copyright laws. You may not modify, publish,
transmit, display, participate in the transfer or
sale, create derivative works, or in any way
exploit, any of the content, in whole or in part.
Except as otherwise expressly permitted under
copyright law, no copying, redistribution,
retransmission, publication or commercial
exploitation of downloaded material will be
permitted without the express written permission of
Tex e Call™ and the copyright owner. In the event of
any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright
notice shall be made and no ownership rights shall
be transferred.
You shall not e-mail, upload, post or otherwise make
available on the site any material protected by the
copyright, trademark, or other proprietary right
without the express permission of the owner of the
copyright, trademark, or other proprietary right and
the burden of determining that any material is not
protected by copyright rests with you. You shall be
solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission.
Subject to Tex e Call™'s policies regarding privacy,
any e-mails, notes, message/billboard/forum
postings, ideas, suggestions, concepts or other
material submitted will be treated as
non-confidential and non-proprietary and will become
the property of Tex e Call™ throughout the universe.
By submitting material to Tex e Call™, you
automatically grant, or warrant that the owner of
such material has expressly granted Tex e Call™ the
royalty-free, worldwide, perpetual, irrevocable,
non-exclusive right and license to use, reproduce,
modify, adapt, publish, display, translate and
distribute such material (in whole or in part)
and/or to incorporate it in other works in any form,
media or technology now known or hereafter
developed. You also permit any other user of the
site to access, view, store or reproduce the
material for that user's personal use. You grant Tex
e Call™ the right to edit, copy, display, publish
and distribute any materials made available on the
site by you.
The foregoing provisions of Section 3 are for the
benefit of Tex e Call™, its subsidiaries, affiliates
and its third party content providers and licensors
and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT
YOUR SOLE RISK. NEITHER Tex e Call™, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SITE, OR FROM THE
INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION, SERVICE OR
MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE
OF THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT
LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY
NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT
Tex e Call™ IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO
EVENT SHALL Tex e Call™'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR
UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY
STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
Monitoring. Tex e Call™ shall have the right in its
sole discretion to refuse to post or remove any
material submitted to or posted on the site. Without
limiting the foregoing, Tex e Call™ shall have the
right to remove any material that Tex e Call™, in
its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
Indemnification. You agree to defend, indemnify and
hold harmless Tex e Call™ and its affiliates and
their respective directors, officers, employees and
agents from and against any and all claims, actions,
demands, damages, costs, liabilities, losses and
expenses (including reasonable attorneys' fees)
arising out of your use of the site.
Trademarks. Tex e Call™ and CallCommand and each of
their logos are trademarks of Call Command LLC. All
rights reserved. All other trademarks appearing on
the site are the property of their respective
owners.
Third Party Content. Tex e Call™ is not a publisher
of content supplied by third parties and users of
the site. Accordingly, Tex e Call™ has no more
editorial control over such content than does a
public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or
other information or content expressed or made
available by third parties, including information
providers and users, are those of the respective
author(s) or distributor(s) and not of Tex e Call™.
In many instances, the content available through the
site represents the opinions and judgments of the
respective information provider or user. Tex e Call™
neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement
made on the site by anyone other than authorized Tex
e Call™ employee spokespersons while acting in their
official capacities.
Viruses. Tex e Call™ also assumes no responsibility,
and shall not be liable for, any damages to, or
viruses that may infect, your computer equipment or
other property on account of your access to, use of,
or browsing in the Site or your downloading of any
materials, data, text, images, video, or audio from
the Site.
Export Control. Software and other materials from
this Site may also be subject to United States
Export Control. The United States Export Control
laws prohibit the export of certain technical data
and software to certain territories. No software
from this Site may be downloaded or exported (1)
into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other
country to which the Unites States has embargoed
goods; or (2) anyone on the Unites States Treasury
Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny
Orders. Tex e Call™ does not authorize the
downloading or exportation of any software or
technical data from this Site to any jurisdiction
prohibited by the United States Export Laws.
Business Associates. The business associates of Tex
e Call™ identified on this Site are independent
contractors of Tex e Call™. The business associates
are not joint ventures or partners of Tex e Call™.
No employee or representative of the business
associates is under the control of Tex e Call™.
Changed Terms. Tex e Call™ has the right at any time
to change or modify the terms and conditions
applicable to use of the site, or any part thereof,
or to impose new conditions, including, without
limitation, adding fees and charges for use. Such
changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which
may be given by any means including, without
limitation, posting on the site, or by electronic or
conventional mail, or by any other means. Any use of
the site by you after such notice shall be deemed to
constitute acceptance of such changes,
modifications, additions or deletions.
Miscellaneous. These terms of use constitute the
entire agreement of the parties with respect to the
subject matter hereof and supersede all previous
written or oral agreements between the parties with
respect to such subject matter. These terms of use
shall be construed in accordance with the laws of
the State of Georgia, without regard to its conflict
of laws rules. You hereby consent to the personal
jurisdiction of the State of Georgia, acknowledge
that venue is proper in any state or Federal court
in the State of Georgia, agree that any action
related to these terms of use must be brought in a
state or Federal court in the State of Georgia, and
waive any objection that may exist, now or in the
future, with respect to any of the foregoing. No
waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The
section headings used herein are for convenience
only and shall not be given any legal import.
