TERMS OF USE
These Terms of Use (the “Terms”) apply to the use of our website, social media and other services provided by us both online and offline as well as through communication, including email messages, that we may send to you (collectively, the “Site(s)”). The Terms are made by and between UCaaS Review (“UCaaS Review” “Us” or “Our” or “We”) and persons using or accessing the Sites or Services (“Customer” or “You”). These Terms govern Customer’s use of the Sites and any services provided to You by UCaaS Review (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. THE USE OF THE SITES AND SERVICE, IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THIS THE SITE. YOU MAY USE THE SITE AND SERVICES ONLY IF YOU HAVE REACHED THE AGE OF MAJORITY OR LEGAL AGE IN YOUR JURISDICTION (GENERALLY 18 OR OLDER) AND CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW.
Account Creation
For certain Services, you must: (i) create an account; and (ii) provide true, up to date and accurate account information about yourself. Each person that is provided with a password and user ID to use the Sites or Services must agree to abide by these Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account. You agree to accept responsibility for all activities that occur under the account feature or password.
Grant of Right; Restrictions
You are granted a nonexclusive, nontransferable, limited right to access and use of the Sites or Services made available to you. The rights and restrictions granted to you are as follows: (i) You shall not use the Sites or Services for any purpose other than the purpose authorized under these Terms; (ii) You represent, warrant, and/or covenant that the Sites and Services will be used only: (a) by you, (b) in the manner for which it was intended, (c) in accordance with all applicable instructions provided by Us, and (d) in compliance with all applicable laws and regulations; (iii) The Sites are protected by intellectual property laws, and other laws that prevent unauthorized access and use. You may not use the Sites or Services in any fashion that infringes the intellectual property rights or proprietary interests of any party; (iv) You are solely liable for your conduct and for any information, text, photos, content, materials or messages that you upload, submit, post or transmit to the Site (collectively the “User Content”). You may not provide false or misleading information to the Site or submit information under false pretenses. Without limiting anything else in these Terms, we may immediately terminate your access to the Site and use of any of the Sites if you violate any of the foregoing or if you provide false or misleading information or submit information under false pretenses.
Privacy
We believe strongly in protecting the personal information of the persons using the Sites and Services and that such persons are aware of how such information is used. Any information you enter into an inquiry form, or a feature designed in the Site will be safeguarded and used in accordance with our [Privacy Statement URL]. By registering to a page or creating an account and password, you acknowledge that we have an established business relationship, and you expressly consent to being contacted by us (whether by phone, mobile phone, email, mail, or otherwise). You agree that You may contacted by contact information provided by you or on your behalf in connection with your account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of using the Sites. You also understand that you may opt out of receiving communications from Us at any time, by contacting us at [contact@ucaasreview.com]. Please refer to the [Privacy Statement] for additional information.
Termination
In the event of a material breach of this Agreement, the non-defaulting party shall have the right to terminate these Terms provided it has notified the defaulting party in writing in a timely manner of the breach and the defaulting party has failed to cure the breach within thirty (30) days following receipt of notification.
Feedback
Any submissions by You to Us (e.g., comments, questions, suggestions, materials collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
Third Party Services
We may make available in the Sites information about or links or referrals to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. UCaaS Review is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third-party products or services, and you use such third-party products and services at your own risk. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity through whom you obtained and/or accessed through the Sites or in relation to these Terms. We do not represent or warrant that any such third party is licensed, qualified, reputable or capable of performing any of the services that the offer or the products that they sell. The services mentioned in the Sites are provided as a forum and technical interface that may connect individuals or entities. It should also be noted that UCaaS Review does not make any assurance as to the timeliness or accuracy of information provided by any third-party service provider.
Intellectual Property
The Sites provide certain proprietary information, including without limitation, copyrighted or trademarked materials, for the benefit of its customers and not for unrestricted use by the public. You agree that you shall not use, or allow any other person or entity to use, any materials found on the Sites for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against UCaaS Review or its affiliates. All trademarks or other intellectual property not owned by Us are proprietary information of its respective owners who may or may not be affiliated in with Us. Any republication or redistribution of such content is expressly prohibited without the prior consent of relevant right holders.
Warranty Disclaimer
WE AND OUR LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF OUR SITES OR THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF OUR SITES OR THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITES AND SERVICES IS AT YOUR OWN RISK. OUR SITES AND SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO OUR SITES AT ANY TIME WITHOUT NOTICE.
DMC Notice
This Site may be considered an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). If you believe that any information or material available in the Site infringes upon any copyright, please immediately notify us (“DMCA Notification”), and as required by the DMCA, this Site maintains specific contact information for that purpose; therefore, all notices should be addresses to:
Notification of Claimed Infringement:
UCaaS Review
1901 E University Dr Mesa Az 85203
contact@ucaasreview.com
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (vii) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the U.S., for any judicial district in which we are located; and (viii) a statement that you will accept service of process from the party that filed the DMCA Notification or the party’s agent. Failure to include all of the above-listed information may result in the delay of the processing of your complaint. If the posted material is believed in good faith by us to violate any applicable law, we will remove any such material or information, and we will notify the posting party that the material has been removed.
Relationship
Nothing in these Terms will be construed to place the parties hereto in an agency, employment, franchise, joint venture, or partnership relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITE OR SERVICES, OR THE FAILURE OF ANY PARTY TO PERFORM ITS OBLIGATIONS. THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD-PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE SERVICES, LINKS, INFORMATION, AND SERVICES AVAILABLE ON OR THROUGH ON THE SITE. OUR LIABILITY ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE TOTAL OF THE SERVICE FEES PAID BY CUSTOMER.
Information Disclaimer.
ALL INFORMATION POSTED IN THE SITES IS MERELY FOR INFORMATION PURPOSES ONLY AND NOT INTENDED AS PROFESSIONAL ADVICE. WHILE THE INFORMATION PROVIDED IN THE SITES IS ASSESSED TO THE BEST OF OUR ABILITIES, WE CANNOT GUARANTEE THAT THERE WILL BE NO MISTAKES OR ERRORS. THIRD-PARTY SERVICES LISTED IN OUR SITES ARE NOT AFFILIATED WITH US AND WE DO NOT ENDORSE SUCH SERVICES; HOWEVER, WE MAY HAVE A BUSINESS RELATIONSHIP WITH SOME OF SUCH THIRD PARTIES, FOR WHICH WE MAY RECEIVE COMPENSATION FROM TIME TO TIME.
General
Any written notice under these Terms shall be effective when delivered by hand or by prepaid certified mail, return receipt requested, to the signatories below at the parties’ respective business addresses. We reserve the right, at any time, to modify these Terms, and You agree to be bound by such modifications. These Terms may not be assigned by either party, except to a subsidiary or affiliate controlled thereby or under common control therewith, or pursuant to a merger, sale or other transfer of all or substantially all of the assets of the business to which this agreement relates, without the prior written consent of the other party. No waiver by either party of any provision of this agreement shall constitute a waiver by such party of any other provision of these Terms. These Terms will be governed by the laws of the State of Delaware; any action based on or alleging a breach of this agreement must be brought in the state or federal courts in Delaware and the parties hereby consent to the exclusive jurisdiction of such courts. If any provision in these Terms is held to be legally invalid or unenforceable, then the parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid or unenforceable, and these Terms shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent; or if that is not possible, by substituting another provisions that is valid and enforceable and achieves the same objective and economic result.