By using Phonevite (including Phonevite.com) you agree to the following terms of service ("Terms of Service") with Ifonoclast, Inc. D/B/A Phonevite ("Phonevite" or "we"), and the Privacy Policy.
These Terms of Service apply to all users of Phonevite Services (as defined below). Phonevite Services include all aspects of Phonevite, including but not limited to the website, and all products, software and services offered via the Phonevite website (including the Embeddable Voice Player and other applications), telephone, or other medium through which services are offered to or accessed by users (together, the "Phonevite Service"). Any new features, changes, updates or improvements of the Phonevite Service, and the availability of new Phonevite Services, shall be subject to the terms of this Terms of Service unless explicitly stated otherwise. Please note that "User" and "you" refer to you personally, unless you are accessing or using the Phonevite Service on behalf of an organization that does not have an existing contract with Phonevite that governs your actions. If the latter is the case, you are accepting this Terms of Service for that organization and representing that you have the authority to bind the organization to this User Agreement; as such, "User" and "you" will refer to the organization. If the organization already has a separate contract with Phonevite that covers your access to and use of the Phonevite, that contract will govern.
Please read the Terms of Service carefully before using or registering for the Phonevite Service. By using or registering for the Phonevite Service, you agree to be bound by the terms and conditions set forth in this Terms of Service. If you do not wish to be bound by the terms and conditions in this Terms of Service, you may not access or use the Phonevite Service.
Phonevite reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Service at any time, including without limitation access policies, the availability of any feature of the Phonevite Service, hours of availability, content, data, software or equipment needed to access Phonevite Services, effective with or without prior notice. Modification(s) shall be effective immediately upon being posted on the Phonevite.com web site. Although we may attempt to notify you when material changes are made to these Terms of Service, you should periodically review the most up-to-date version at https://www.phonevite.com/company/terms. IF YOU CANNOT COMPLY WITH CHANGES TO THESE TERMS OF SERVICE, OR SUCH CHANGES ARE UNACCEPTABLE TO YOU, YOU MUST TERMINATE, AND IMMEDIATELY STOP USING THE PHONEVITE SERVICE. Your continued use of any aspect of the Phonevite Service following any revision to this Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes. Unless explicitly stated otherwise, any new features that augment or enhance the current Phonevite Service, including the release of new Phonevite properties, shall be subject to the Terms of Service. You understand and agree that the Phonevite Service is provided "AS-IS" and that Phonevite assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information.
You agree, as a condition of your use of the Phonevite Service, to provide Phonevite with accurate and complete information when registering for or using the Phonevite Service, and to update and maintain such information.
The Phonevite Service is available only to individuals eighteen (18) years of age and older. By agreeing to these Terms of Service during user registration, you represent that you are at least eighteen (18) years of age and are accepting the Terms of Service on your behalf . You may not transfer, sell, or share your account with anyone. You are liable for all activities conducted through your account.
Phonevite has the right, in its sole and absolute discretion and without providing notice to you, to suspend, restrict or terminate your use of the Phonevite Service and/or your account, and to refuse any future use of all or any portion or portions of the Phonevite Service at any time for any reason.
When you sign up, you will establish an email address as the user ID and a password of your choice. You are responsible for protecting the confidentiality of your user ID and password, and you accept full responsibility for all activities that occur under your user ID.
You agree to: (1) exit from your account when you conclude each session, and (2) immediately notify Phonevite of any loss, compromise or unauthorized use of your user ID and password or any other breach of security. You may notify Phonevite by sending an e-mail to support@phonevite.com or by writing to Phonevite, 39899 Balentine Dr #200, Newark, CA 94560. Phonevite will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your account.
You agree and consent that Phonevite may record or review oral or voice communications, utterances, and conversations or commands made by you during the use of the Phonevite Service.By using the Phonevite Service, you expressly consent and grant to Phonevite the right to record, review and use these recordings. If you do not authorize Phonevite to record, review or use these recordings, you may not use the Phonevite Service. Phonevite is under no obligation to monitor any recordings or messages for accuracy, completeness, or quality. You understand that recordings may or may not resemble that which you intend to record and that Phonevite is under no obligation to ensure that recordings will successfully represent that which you intend to record. You agree that all recordings or monitoring become part of the Content (hereinafter defined) of the Phonevite Service.
You agree that Phonevite may limit your use of the Phonevite Service, including without limitation the frequency and duration for which you may access the Phonevite Service, and that Phonevite has no responsibility or liability for any unavailability or limitation on use of the Phonevite Service.
In addition, Phonevite reserves the right at any time to limit access to, modify, change, suspend or discontinue the Phonevite Service, or any part thereof, without notice to you.
You agree that Phonevite shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Phonevite Service.
You acknowledge and agree that Phonevite may establish general practices and limits, which may not be published, concerning the use of the Phonevite Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the Phonevite Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Phonevite Service, in a given period of time.
You agree that Phonevite has no responsibility or liability for the deletion or failure to store any Content, including messages and other communications maintained or transmitted by the Phonevite Service. You acknowledge that Phonevite reserves the right to terminate any inactive or dormant account(s). You agree that Phonevite reserves the right to change these general practices and limits at any time, in its sole discretion, without notice to you.
As a condition of your use of the Phonevite Service, you agree and warrant to Phonevite that you will not use the Phonevite Service, or allow others to use the Phonevite Service under your account, for any purpose that is unlawful or prohibited by the User Agreement and our Responsible Use Policy. You may not use, or allow others to use, the Phonevite Service in any manner that could damage, impair, disable or overburden the Phonevite Service, interfere in any way with Phonevite's rights, interfere in any way with any other user's use and enjoyment of the Phonevite Service, or otherwise infringe on any person's rights.
Specifically, you agree and warrant to Phonevite that:
As part of the Phonevite Service, Phonevite may offer you access to communications, media and commerce services. Phonevite does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the Phonevite Service.
You acknowledge that the Phonevite Service simply acts as a passive conduit for the distribution and transmission of information and that Phonevite has no obligation to screen, preview, or monitor any Content, Published Content (as defined below) or otherwise.
By using the Phonevite Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the Phonevite Service, including Content that may be offensive, indecent or objectionable.
Under no circumstances will Phonevite be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content; loss, destruction or degradation of any Content; or for any loss or damage of any kind incurred as a result of the use of any Content stored, sent, accessed, posted or otherwise transmitted via the Phonevite Service.
If you post or publish your Content and make it available to others through any aspect of the Phonevite Service, including the Embeddable Voice Player, links, permission levels or other explicitly authorized means Phonevite may designate (such Content, the "Published Content"), the following restrictions and conditions apply:
If you are a copyright owner or an agent thereof and believe that any Published Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
DMCA notices should be emailed to info@phonevite.com. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
Phonevite transmits and receives voice and text messages via other major telecommunications carriers and mobile network operators, and thus Phonevite's influence over the timing of the receipt or transmission of your messages is within the technical constraints imposed upon Phonevite. While we will use commercially reasonable efforts to further transmit your messages to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to and do not guarantee a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages and broadcasts across the telephone network and/or the Internet. Phonevite is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Phonevite for any such non-deliveries.
Phonevite is not responsible for any charges that you may incur from another carrier to access the Phonevite Services, nor is Phonevite responsible for any charges the recipients of your messages may incur from their carriers.
If members of your group do not wish to receive calls or messages from you, they may visit our website and click on our 'Do Not Call Registry' on the bottom of the home page of the Phonevite.com web site. Alternatively, you may notify Phonevite of your request for the removal of a telephone number from a calling list by sending an e-mail to support@phonevite.com or by writing to Phonevite, 39899 Balentine Dr #200, Newark, CA 94560. When you send a request you need to include your first name, last name, and telephone number that you want to be removed. You are ultimately responsible for ensuring that anyone requesting do-not-call status is removed from your calling and messaging lists.
Phonevite will immediately terminate or suspend any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities, or any calling in violation of this Terms of Service. Activities such as sending spam or other unsolicited messages can cause harm to Phonevite (and our customer base) in numerous ways including, but not limited to, damaging the Phonevite brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumers, customer and business goals, activities, or relationships. Phonevite retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by Phonevite, then you agree to pay Phonevite liquidated damages of $10.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your Phonevite account; otherwise, you agree to pay Phonevite's actual damages, to the extent such actual damages can be reasonably calculated by Phonevite.
As a part of your use of Phonevite Services, you agree to comply with the rules and regulations of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200 including, but not limited to, the national "Do-Not-Call" list rules and regulations. Specifically, you agree that you will not make automatic telephone dialing system calls ("ATDS") or prerecorded advertisement or telemarketing calls to cell phones or other numbers for which the called party is charged without prior express written consent in violation of the TCPA.
You further agree to comply with the rules and regulations of the Telemarketing Sales Rule ("TSR"), 16 C.F.R. § 310 et seq., and all additional state telemarketing and "Do-Not-Call" list rules and regulations. You represent and warrant that your use of the Phonevite Service will not cause Phonevite to violate these or other similar federal or state laws. You agree not to violate these or any other applicable anti-solicitation laws and represents and warrants that its use of the Phonevite Service will not violate these or other similar laws.
You agree that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which Phonevite Services will be applicable. You understand and agree that Phonevite will not be held responsible for damages to you or any third party incurred due to your failure to abide by State and/or Federal laws. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Phonevite Service.
Without limiting your obligations under the above-referenced laws, you agree and warrant to Phonevite that:
If you are using the Phonevite Service in Canada, you agree to comply with all Canadian telecommunications or privacy laws and rules including rules and orders issued by the Canadian Radio-television and Telecommunications Commission, any National Do Not Call Registry or Unsolicited Telecommunications Rules, the federal Personal Information Protection and Electronic Documents Act or any substantially similar provincial law which may be applicable.
Phonevite calls and delivers messages to phone numbers within the contiguous forty eight (48) states and Hawaii and charges the rates published on its web site(s), plus any applicable taxes, fees and surcharges as mandated by law. Phonevite may add or modify the rates or service fees at any time without providing notice to you. The current rates are listed on the Phonevite web site. All rates are provided in U.S. dollar amounts.
Phonevite charges you on a prepaid basis debiting your credit card or bank account as authorized by you. At your request, Phonevite may automatically charge a preset amount when your account balance falls under a specified threshold. After a preset amount is charged to your account at your request, if you do not use the Phonevite service for thirty (30) consecutive days thereafter, you agree that any amount remaining on your account shall be non-refundable.
At Phonevite's sole discretion, Phonevite call credits expire after three hundred sixty (365) days of inactivity or upon exhaustion of the call credits. Inactivity is defined to mean that User has neither purchased an additional prepaid amount, nor initiated a broadcast.
Phonevite may permit Users to use the Phonevite Service on a free trial basis. During this time, the User will not incur any charges or fees for use of the service. During or after the expiration of your free trial, you will have the option to purchase a Phonevite paid product or service as described on the Phonevite web site. Phonevite reserves the right to terminate the account of any free trial User at any time.
Phonevite may make your personally identifiable information available to its employees and third parties with whom it contracts in respect of the Phonevite Service. In addition, Phonevite may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about its users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that Phonevite may make such uses of information you provide or Phonevite collects.
Phonevite is committed to protecting your privacy, but does not guarantee your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that Phonevite may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (1) comply with any legal process; (2) respond to claims of a violation of the rights of third parties; or (3) protect the rights, property, or safety of Phonevite, its users or the public. Phonevite does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.
As Phonevite continues to develop its business, it might sell its company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. In the event that Phonevite, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets. For more information regarding our privacy practices, please see the Privacy Policy.
The Phonevite Service may provide you with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the Phonevite Service. Phonevite provides these links for your convenience only. Phonevite does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers.
Phonevite is not directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use or reliance on any Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and is at your own risk. You agree that Phonevite is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.
Linking to Phonevite's web site is strictly prohibited without written consent from Phonevite.
Phonevite disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in its site(s). Phonevite disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, communication or material. Phonevite disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through its site(s).
THE PRODUCTS AND SERVICES PROVIDED BY PHONEVITE, AND ALL MATERIALS AND INFORMATION INCLUDED IN PHONEVITE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR REPRESENTATIONS WHATSOEVER. PHONEVITE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PHONEVITE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Phonevite SERVICES. Phonevite AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Phonevite SERVICE. PHONEVITE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Phonevite SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Phonevite SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Phonevite SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PHONEVITE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
In the event of a critical emergency, regular Phonevite.com messaging services may temporarily be pre-empted to provide service to clients with emergency-related needs.
B. Phonevite does not warrant that (i) the Phonevite service will meet your requirements, (ii) the Phonevite service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Phonevite service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Phonevite service will meet your expectations, (v) any information you provide or Phonevite collects will not be disclosed, or (vi) any errors in any data or software will be corrected. You are especially advised not to use or rely on the Phonevite service and information or any other program, information or service whatsoever related thereto for "content-sensitive" or "mission-critical" applications and use. "content-sensitive" shall mean any information or data you do not wish to be accessible to other users. "mission-critical" applications and use shall mean applications and use that may result in damage.
C. If you access or transmit any content through the use of the Phonevite service, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions.
D. No data, information, or advice obtained by you in oral or written form from Phonevite or through or from the Phonevite service shall create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES SHALL PHONEVITE OR ITS LICENSORS OR AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY referred to as Phonevite for the purposes of this Limitation of Liability and the Indemnification hereunder) BE LIABLE TO ANY USER ON ACCOUNT OF (i) the use or inability to use the Phonevite Service (ii) the cost of any substitute goods and services purchased to replace any goods or services purchased or obtained as a result of any information obtained from or transactions entered into through or from the Phonevite service; (iii) disclosure of, unauthorized access to or alteration of your information or messages; (iv) statements or conduct of any service providers or other third party on the Phonevite service; or (v) any other matter relating to the Phonevite service. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PHONEVITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PHONEVITE SERVICE, FROM INABILITY TO USE THE PHONEVITE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PHONEVITE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PHONEVITE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PHONEVITE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PHONEVITE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PHONEVITE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PHONEVITE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PHONEVITE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THE AGGREGATE LIABILITY OF Phonevite UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE DOLLAR AMOUNT WHICH YOU PAID TO PHONEVITE FOR USE OF THE PHONEVITE SERVICE.
Without limiting the foregoing, under no circumstances shall Phonevite be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to indemnify and hold harmless Phonevite and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers, and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements, and attorneys' fees, including attorneys' fees incurred from counsel selected by Phonevite in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation or enforcement action based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the Phonevite Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you if you have not responded reasonably to the applicable matter. You acknowledge and agree to be held liable for any and all damages caused to Phonevite by you as a direct result of a violation of local, state, national or international laws and regulations, including but not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Phonevite to you.
You acknowledge and agree that the Phonevite Service and any necessary software used in connection with the Phonevite Service is the property of Phonevite and contains proprietary and confidential information that are protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Phonevite Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Phonevite Service, except as set forth herein.
Phonevite, the Phonevite logo and other Phonevite logos, product and service names may be trademarks, service marks or other intellectual property of Phonevite (the " Phonevite Marks"). You agree not to display or use the Phonevite Marks in any manner without the prior, express written permission of Phonevite.
The User Agreement and the relationship between you and Phonevite shall be governed by the laws of the State of California without regard to its conflict of law provisions. 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 Phonevite Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with Phonevite exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Los Angeles, California. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.
The laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your account. You expressly agree that exclusive jurisdiction for any claim or dispute with Phonevite, arising out of or relating in any way to your account or your use of the Phonevite Service resides in the federal and state courts within the jurisdiction of the United States District Court for the Central District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Phonevite or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be invalid or unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service, the User Agreement and any document referenced herein constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service, User Agreement or other document referenced herein will be effective only if in writing and signed by Phonevite.
Any failure by Phonevite to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.
Both Phonevite, if under an executed Business Associate Agreement with User, and User, a designated Covered Entity ("CE") under the Health Insurance Portability and Accountability Act and its associated amendments ("HIPAA"), agree, pursuant to their respective obligations under HIPAA, not to access or disclose Individually Identifiable Health Information, Protected Health Information, or electronic Protected Health Information (all together as "PHI") obtained, received, shared or stored while utilizing the services, in violation of HIPAA.
You agree not to utilize the Phonevite services to send or transmit PHI (via messages being sent or data included in the notes field) under any circumstances unless you have first explained to the individual participant whose PHI is in question, any and all risks associated with sending PHI via SMS or Voice messaging systems. By utilizing the services, you acknowledge advising individual participants of said risks and you have obtained the requisite authorization, in writing, from their individual participants to utilize our SMS Text and Voice services to send informational messages only (ie. appointment reminders, appointment confirmation messages, vaccine reminders, wellness checkups, pre/post-op healthcare instructions, or prescription notifications).
You acknowledge and agree that it is your responsibility to conduct a HIPAA risk analysis and maintain a comprehensive HIPAA risk management program that includes appropriate physical, technical and administrative safeguards (including training of authorized users on its policies and procedures) with regard to PHI (as defined by HIPAA).
You agree that Phonevite may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail, or by posting of those notices on the phonevite.com web site or through the Phonevite Service. If applicable, Phonevite will use the contact details provided with registration or with contact information updates.
If you have any questions regarding the Terms of Service, User Agreement or Privacy Policy, we encourage you to contact us at Phonevite, 39899 Balentine Dr #200, Newark, CA 94560.