Toll Free Conference

TERMS & CONDITIONS


1. AGREEMENT


These Terms of Use (the "Agreement") constitute a legally binding agreement by and between TollFreeConference.com. ("TollFreeConference.com") and you or your company (in either case, "You" or "Your") concerning Your use of TollFreeConference.com's website (the "Website") and the conferencing services offered by TollFreeConference.com in association with the Website (the "Services"). By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND REFRAIN FROM USING THE SERVICES IN ANY WAY.


2. SERVICES


TollFreeConference.com Services provides toll-free (800 number) service for a set fee, which is posted on the website. Each caller dials a toll-free (800) number from a different location and is connected together via TollFreeConference.com's conferencing bridges. TollFreeConference.com Toll-Free Service is billed per person, per-minute. The Subscriber of the service (the person with a credit card on file) is responsible for payment of all incurred minutes for all participants on the call. TollFreeConference.com call detail records of each call (minus some data that is withheld for purposes of privacy) as a convenience of the service.


3. GENERAL PAYMENT INFORMATION


Fees associated with Services are charged to the Subscriber at either the completion of the conference or on a monthly basis as agreed upon during the sign up process. For billing purposes, all minutes are billed until the call ends when the last participant hangs up.

All charged fees are non-refundable. In addition to the rates for the Services, Subscriber shall pay all applicable fees, duties, tolls, administrative assessments, surcharges, or taxes now or hereafter attributable to the Services and included on Customer's invoice.

TollFreeConference.com is required by the Federal Communications Commission (FCC) to contribute to the federal Universal Service Fund (USF), which subsidizes telecommunications services to low-income customers and customers in rural areas, as well as discounts on Internet access for eligible schools, libraries and rural health care providers. Tollfreeconference.com assesses federal USF charges, which reflect the applicable quarterly contribution factor as established by the FCC, on audio conferencing services to recover the cost of its federal USF contributions. TollFreeConference.com will not provide advance notice of any change in USF charges. USF charges are not taxes or government-required charges.

To review current and past quarterly USF contribution factors, visit:
http://www.fcc.gov/omd/contribution-factor.html

For Subscribers that are required to pay by credit card, Subscriber authorizes TollFreeConference.com to debit the Subscriber's credit card for all pay-as-you-go or monthly charges incurred. Additionally, for Subscribers signed up for a monthly plan, Subscriber authorizes TollFreeConference.com to automatically renew and debit the Subscriber's credit card for the subscribed plan every month until the Subscriber notifies TollFreeConference.com that they would like to change or cancel the subscribed plan.

For Subscribers that are allowed to pay by check, TollFreeConference.com will invoice Subscriber electronically free of charge or via paper invoice for a fee. Subscriber agrees to make payment for all Services upon receipt of invoice, or such later date if specified on the invoice, to the location and in the manner directed on the invoice. Invoices not paid on a timely basis will be subject to a late payment charge of 1.5% per month.

ALL CHANGES TO SUBSCRIBED SERVICES MUST BE DONE IN WRITING BY THE SUBSCRIBER AND SENT TO SERVICE [at] TOLLFREECONFERENCE.COM. ALL CHANGES OR CANCELLATIONS WILL TAKE EFFECT THE NEXT BILLING CYCLE. TOLLFREECONFERENCE DOES NOT PRO-RATE MONTHS OR ALLOW FOR ROLLOVER MINUTES.

TollFreeConference.com reserves the right to change pricing of Services at any time with not less than fifteen (15) days notice to You. All changes will be posted on the website at www.TollFreeConference.com and such postings will be considered sufficient notice to You. Continued use of the Service after posting, signifies acceptance of the changes by You. You are responsible for regularly reviewing the website for such posted changes.


4. PRIVACY POLICY


By using the Website and Services, You consent to the collection and use of certain information about You, as specified in TollFreeConference.com's Privacy Policy (Privacy Policy"). TollFreeConference.com encourages users of the Website and Services to frequently check TollFreeConference.com's Privacy Policy for changes. By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, the Privacy Policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. If there is any conflict between any provision of this Agreement and the Privacy Policy, the provision of this Agreement shall control.


5. CHANGES TO AGREEMENT AND PRIVACY POLICY


Internet and wireless technology and the applicable laws, rules and regulations change frequently. ACCORDINGLY, TOLLFREECONFERENCE.COM RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME. NOTICE OF ANY SUCH CHANGE WILL BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND REFRAIN FROM USING THE SERVICES. Unless TollFreeConference.com obtains Your express consent, any revised Privacy Policy will apply only to information collected by TollFreeConference.com after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.


6. ELIGIBILITY


BY USING THE WEBSITE AND THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. If You are using the Website or Services on behalf of a company, You further represent and warrant that You are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.


7. LICENSE


Subject to Your compliance with the terms and conditions of this Agreement, TollFreeConference.com grants You a non-exclusive, non-sub licensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of TollFreeConference.com or any other party. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.


8. USER INFORMATION/ACCESS CODE/SUBSCRIBER PIN PROTECTION


In connection with Your use of the Website and Services, You will be required to complete a registration form creating an account. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website or Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy.

You will also be given one or more conference phone numbers, access codes, and subscriber pins in connection with Your use of the Website and Services. You are entirely responsible for maintaining the confidentiality of Your conference phone numbers, access codes, and subscriber pins. You may not use the account, access code or subscriber pin of any other Website or Services user. You agree to notify TollFreeConference.com immediately of any unauthorized use of Your account, access codes or subscriber pins. TollFreeConference.com shall not be liable for any loss that You incur as a result of someone else using Your account, access codes or subscriber pins, regardless of whether with or without Your knowledge. You may be held liable for any losses incurred by TollFreeConference.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account, access codes, or subscriber pins.


9. THIRD-PARTY WEBSITES


The Website may be linked with websites operated by third parties ("Third-Party Websites"). TollFreeConference.com does not have control over the Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. TOLLFREECONFERENCE.COM HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, GOODS AND SERVICES MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, TOLLFREECONFERENCE.COM DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF ANY INFORMATION, MATERIAL, GOODS OR SERVICES MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. TOLLFREECONFERENCE.COM DISCLAIMS, AND YOU HEREBY AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.


10. CONSENT TO RECEIVE EMAIL


By establishing an account with TollFreeConference.com, You consent to receive periodic email communications from TollFreeConference.com concerning TollFreeConference.com's products and services, including without limitation TollFreeConference.com's periodic newsletter, occasional service update bulletins, and summary emails regarding scheduled conferences before and after they are complete.


11. PROHIBITED USES


TollFreeConference.com imposes certain restrictions on Your use of the Website. You represent and warrant that You will not: (a) violate or attempt to violate any security features of the Website; (b) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (c) attempt to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach any security or authentication measures without proper authorization; (d) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing" the Website or infrastructure that provides the Services. Any violation of this section may subject You to civil and/or criminal liability, and TollFreeConference.com reserves the right to cooperate with law enforcement in any investigation of any violation of this or any other section of this Agreement.


12. INTELLECTUAL PROPERTY


The Website, all content and materials located on the Website, and the free conferencing infrastructure that delivers the Services, including without limitation the TollFreeConference.com name and any logos, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of TollFreeConference.com or its licensors. Except as explicitly provided, neither Your use of the Website and Services, nor your entry into this Agreement, grant You any right, title or interest in or to any such content or materials. TollFreeConference.com and the TollFreeConference logo are trademarks or registered trademarks of TollFreeConference.com. The Website is Copyright 2008 - 2012, TollFreeConference.com. ALL RIGHTS RESERVED.


13. DISCLAIMERS; LIMITATION OF LIABILITY


(a) NO WARRANTIES

TOLLFREECONFERENCE.COM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOLLFREECONFERENCE.COM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER TOLLFREECONFERENCE.COM NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER TOLLFREECONFERENCE.COM NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, TOLLFREECONFERENCE.COM HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTY

(b) YOUR RESPONSIBILITY FOR DAMAGE

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD TOLLFREECONFERENCE.COM OR ITS LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

(c) LIMITATION OF LIABILITY

THE LIABILITY OF TOLLFREECONFERENCE.COM AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOLLFREECONFERENCE.COM OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO TOLLFREECONFERENCE.COM OR ITS LICENSORS AND SUPPLIERS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF TOLLFREECONFERENCE.COM AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE $250. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TOLLFREECONFERENCE.COM AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.

(d) APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATIONS OF LIABILITY IN ANY OTHER AGREEMENT OR AGREEMENTS BETWEEN YOU AND TOLLFREECONFERENCE.COM OR BETWEEN YOU AND ANY OF TOLLFREECONFERENCE.COM'S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TOLLFREECONFERENCE.COM'S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.


14. INDEMNITY BY YOU


You agree to defend, indemnify and hold harmless TollFreeConference.com and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns and contractors (collectively, the "TollFreeConference.com Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to attorneys' fees and costs, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; or (ii) Your access to or use of the Website or Services.


15. GOVERNING LAW; JURISDICTION AND VENUE; INTERPRETATION


This Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER IT AROSE OR BE FOREVER WAIVED AND BARRED. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE WILL BE THE STATE AND FEDERAL COURTS IN LOS ANGELES, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.


16. TERMINATION


(a) By TollFreeConference.com


WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, TOLLFREECONFERENCE.COM RESERVES THE RIGHT TO, IN TOLLFREECONFERENCE.COM'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.


(b) Automatic Termination Upon Breach By You


This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by TollFreeConference.com.


(c) By You


You may terminate this Agreement at any time, for any or no reason at all, by providing TollFreeConference.com notice of Your intention to do so by email notice to service@TollFreeConference.com


(d) Effect of Termination; Survival


Any termination of this Agreement automatically terminates all rights and obligations created thereby, including without limitation Your right to use the Website and Services, except that Sections 10,12,13 (consent to receive email, intellectual property disclaimers, representation and warranty), 14-15 (indemnity, jurisdiction) and 17 (general provisions) will survive any termination.


17. GENERAL


(a) Entire Agreement; Amendment; Interpretation


This Agreement constitutes the entire agreement between TollFreeConference.com and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of TollFreeConference.com or by the unilateral amendment of this Agreement by TollFreeConference.com, as further specified in Section 3. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.


(b) Severability; Waiver


If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.


(c) Assignment


This Agreement and all of Your rights and obligations thereunder will not be assignable or transferable by You without the prior written consent of TollFreeConference.com. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


(d) Relationship


You and TollFreeConference.com are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.


(e) Third-Party Beneficiaries


Except for the TollFreeConference.com Parties as and to the extent set forth in Section 14, and TollFreeConference.com's licensors and suppliers as and to the extent expressly set forth in Section 13, there are no third-party beneficiaries to this Agreement.