Terms of Service
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).
BeckonCall privacy policy.
Account Information and certain other information about you are subject to our applicable privacy policy.
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.
Member conduct.
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:
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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.
Indemnity
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).
Termination
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.
Links
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:
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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.
Notice.
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.
Trademark information.
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.
General information.
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.