Acceptance of terms.
BeckonCall, Inc. ("BeckonCall") welcomes you. BeckonCall provides the Services (defined below) to you subject to the following Terms of Service ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of these Terms at any time at: www.BeckonCall.com. By accessing and using the BeckonCall Services, you accept and agree to be bound by the terms and provision of these Terms. In addition, when using particular BeckonCall owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. BeckonCall may also offer other services that are governed by different terms of service.
Description of BeckonCall services.
BeckonCall provides users with access to resources, including without limitation various communications tools, search services, and personalized content through its network of computer systems that may be accessed through various mediums and/or mobile devices for a monthly fee for each user (“Services”). You also understand and agree that the BeckonCall Services may include certain communications from BeckonCall, such as service announcements or administrative messages, and that these communications are considered part of BeckonCall membership. Unless explicitly stated otherwise, any new features that augment or enhance the current BeckonCall Services shall be subject to these Terms. You understand and agree that any BeckonCall Services are provided "AS-IS" and that BeckonCall assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the BeckonCall Services, and that access may involve third-party fees (such as SMS message charges, or related cellular carrier charges) and for all related fees. In addition, you must provide and are responsible for all equipment necessary to access the BeckonCall Services.
You understand that the technical processing and transmission of the BeckonCall Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Your registration obligations.
In consideration of your use of the BeckonCall Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the BeckonCall Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the BeckonCall Service's registration form (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BeckonCall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BeckonCall has the right to suspend or terminate your account and refuse any and all current or future use of the BeckonCall Services (or any portion thereof).
Member account, password and security.
You will provide a password upon completing the BeckonCall Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BeckonCall of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BeckonCall cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, messages, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. BeckonCall does not control the Content transmitted via the BeckonCall Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will BeckonCall be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the BeckonCall Services.
You agree not to use the BeckonCall Services to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, a representative of BeckonCall, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Knowingly withhold and/or counterfeit any information used to identify the origin of any Content transmitted through the BeckonCall Services;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and/or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt and/or otherwise interfere with any BeckonCall Services, servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the BeckonCall Services, including using any device, software or routine designed to subvert and/or hamper the BeckonCall Services, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated and/or enforced by any agency having the force of law;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
You acknowledge that BeckonCall does not pre-screen or monitor any Content and that you alone must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that BeckonCall may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BeckonCall, its users and the public.
You understand that BeckonCall may, at its sole discretion, embody and/or integrate security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BeckonCall and/or content providers who provide content to the BeckonCall Services. You may not attempt to override or circumvent any of the usage rules embedded into the BeckonCall Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided by the BeckonCall Services, in whole or in part, is strictly prohibited.
Interstate nature of communications.
When you register with BeckonCall, you acknowledge that in using the BeckonCall Services to send electronic communications (including but not limited to email, search queries, sending messages to BeckonCall networks and/or systems, and other Internet activities), you will be causing communications to be sent through BeckonCall's computer networks, which may be distributed throughout the United States. As a result, and also as a result of BeckonCall's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms, you acknowledge that use of the service results in interstate data transmissions.
Special admonitions for international use and export and import compliance.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable Content. Use of the BeckonCall Services and transfer, posting and uploading of software, technology, and other technical data via the BeckonCall Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the BeckonCall Services to parties identified on such lists; (b) agree not to use the BeckonCall Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the BeckonCall Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
Contributions to BeckonCall.
By submitting ideas, suggestions, documents, feedback, and/or proposals ("Contributions") to BeckonCall through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BeckonCall is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BeckonCall shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) BeckonCall may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of BeckonCall without any obligation of BeckonCall to you; and (f) you are not entitled to any compensation or reimbursement of any kind from BeckonCall under any circumstances.
You agree to indemnify, defend and hold BeckonCall and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless for, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the BeckonCall Services, your use of the BeckonCall Services, your connection to the BeckonCall Services, your violation of these Terms, or your violation of any rights of another. No commercial reuse of BeckonCall services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the BeckonCall Services (including Content, advertisements, Software and your BeckonCall ID).
General practices regarding use and storage.
You acknowledge that BeckonCall may establish general practices in compliance with local, state or federal agencies concerning the use of the BeckonCall Services, including without limitation the maximum number of days that electronic messages or other uploaded Content will be retained by the BeckonCall Services, the maximum number of electronic messages that may be sent from or received by an account on the BeckonCall Services, the maximum size of any electronic message that may be sent from or received by an account on the BeckonCall Services. You agree that BeckonCall has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by BeckonCall, except as required by any local, state or federal agencies. You acknowledge that BeckonCall reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BeckonCall reserves the right to modify these general practices and limits from time to time.
BeckonCall, using its web-based and cloud functions, will allow you and the people with whom you communicate to save your communications in your BeckonCall accounts located on BeckonCall and other third party servers. Your agreement to these Terms constitutes your consent to allow BeckonCall to store these communications on such servers.
Modifications to BeckonCall services.
BeckonCall reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the BeckonCall Services (or any part thereof) with or without notice. You agree that BeckonCall shall not be liable to you or to any third party for any modification, suspension or discontinuance of the BeckonCall Services (or any part thereof).
You may terminate your BeckonCall account, any associated Account Information and access to the BeckonCall Services by submitting such termination request to BeckonCall. Upon actual notice to us, you shall be entitled to a pro-rata share, if any, of the last monthly fee paid prior to termination; however, the pro-rata share shall not apply to any third party services contracted by BeckonCall in furtherance of Services provided to you.
You agree that BeckonCall may, without prior notice, immediately terminate, limit your access to or suspend your BeckonCall account, any associated Account Information, and access to the BeckonCall Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the BeckonCall Services (or any part thereof); (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the BeckonCall Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in BeckonCall's sole discretion and that BeckonCall shall not be liable to you or any third party for any termination of your account, any associated Account Information, or access to the BeckonCall Services.
Termination of your BeckonCall account includes any or all of the following: (a) removal of access to all or part of the offerings within the BeckonCall Services; (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and (c) barring of further use of all or part of the BeckonCall Services.
It will be considered a default under these Terms if you fail to pay any amount due by the required due date or fails to comply with any other terms or conditions under these Terms. BeckonCall may interrupt or terminate service without notice for nonpayment of charges due; provided, such interruption or termination does not relieve you of your responsibility for all accrued charges, including a reconnection fee. In addition, following a default, BeckonCall, at its option, may terminate your service and declare all charges immediately due and payable. You will also liable for all collection fees, attorneys’ fees and other costs incurred in the collection of any amount due for services rendered under these Terms.
The BeckonCall Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that BeckonCall is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BeckonCall shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
BeckonCall's proprietary rights.
You acknowledge and agree that the BeckonCall Services and any necessary software used in connection with the BeckonCall Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the BeckonCall Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by BeckonCall or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the BeckonCall Services, such Content or the Software, in whole or in part.
BeckonCall grants you a personal, non-transferable, non-exclusive and revocable, limited right and license to use any object code of its Software on any computer and/or mobile device to which you have access in connection with the Services and at all times in accordance with these Terms; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the BeckonCall Services. You agree not to access the BeckonCall Services by any means other than through the interface that is provided by BeckonCall for use in accessing the BeckonCall Services.
Disclaimer of warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE BeckonCall SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE BeckonCall SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BeckonCall AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BeckonCall AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE BeckonCall SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (b) THE BeckonCall SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BeckonCall SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BeckonCall SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BeckonCall SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BeckonCall OR THROUGH OR FROM THE BeckonCall SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BeckonCall AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BeckonCall HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE BeckonCall SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BeckonCall SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE BeckonCall SERVICE.
BeckonCall may provide you with notices, including those regarding changes to these Terms, including by but not limited to email, regular mail, SMS, MMS, text message, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this Terms by accessing the BeckonCall Services in an unauthorized manner. Your agreement to this Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the BeckonCall Services in an authorized manner.
You agree that all of our trademarks, trade names, service marks and other logos and brand features, and product and service names that are featured or made available through BeckonCall or its Services are trademarks (whether registered and unregistered) and are the property of BeckonCall, Inc. (the "BeckonCall Marks"). You hereby acknowledge that all right, title and interest in and to the BeckonCall Marks are exclusively owned by BeckonCall. Without BeckonCall's prior express written permission, you agree not to display or use in any manner the BeckonCall Marks. In furtherance thereof, you shall not assert copyright, trademark or other intellectual property ownership or other proprietary rights in the BeckonCall Marks or in any element, derivation, adaption, variation or name thereof. You further agree that you shall not, in any jurisdiction, adopt, use or register, or apply for registration of, whether as a corporate name, trademark, service mark, or other indication of origin, or as a domain name, any of the BeckonCall Marks or any work, symbol or device, or any combination thereof confusingly similar to any of the BeckonCall Marks. You shall not modify or alter the BeckonCall Marks in any manner. Except for the license granted herein, nothing in these Terms or your use of the Services be construed as BeckonCall granting to you any right, title or interest in or to the BeckonCall Marks.
These Terms constitutes the entire agreement between you and BeckonCall and governs your use of the BeckonCall Services, superseding any prior version of these Terms between you and BeckonCall with respect to the BeckonCall Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BeckonCall services, affiliate services, third-party content or third-party software.
Choice of law and forum.
You and BeckonCall each agree that these Terms and the relationship between the parties shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and BeckonCall, shall be brought exclusively in the courts located in Maricopa County, Arizona or the U.S. District Court for Arizona. You and BeckonCall agree to submit to the personal jurisdiction of the aforementioned courts, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and severability of terms.
The failure of BeckonCall to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Statute of limitations.
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 BeckonCall Services or these Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred and deemed waived.