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TERMS OF SERVICE


When using CrystalVoice Communications, Inc., ("CrystalVoice") services ("Services"), you agree to the terms and conditions listed on this page (the "Terms of Use"). If you order or use any CrystalVoice Services or visit our Website, you accept these Terms of Use so please read them carefully. In addition, when you use any current or future CrystalVoice Services whether or not included in our Website, you will also be subject to our current Terms of Use.

PRIVACY

To understand our practices, please review our Privacy Policy that also governs your visit to our Website and use of our Services. A complete statement of our privacy policy can be found at http://www.crystalvoice/privacy.htm

OWNERSHIP

All rights that are not granted to you are reserved by CrystalVoice. The Services, our technology, and any updates or improvements to the Services and our technology, are owned by CrystalVoice and its licensors. CrystalVoice and our licensors own all copyrights, patents, trademarks, trade secrets, and other intellectual property rights relating to or residing in our Services. You understand that our Services and technology contain valuable software and confidential information and you agree that you will not modify, reverse engineer, decompile, create other works from, or disassemble any of our software without our prior written consent.

TRADEMARKS

CrystalVoice, CrystalVoice Communications, and our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of CrystalVoice Communications, Inc. CrystalVoice trademarks and trade dress may not be used in connection with any product or service that is not provided or authorized in writing by CrystalVoice, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CrystalVoice. All other trademarks not owned by CrystalVoice that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CrystalVoice.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account number and PIN and for restricting access to your account number and PIN. You agree to accept responsibility and liability for all activities that occur under your account or PIN whether lawful or unlawful. You are also solely responsible for all uses of your account and PIN, whether or not actually or expressly authorized by you. We do not sell products or services for children. If you are under 18, you may use our Services only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Violation of Terms of Use may result in immediate deletion of your account. In order to ensure that we are able to provide high quality services that are responsive to your needs, you agree to allow our employees to access your account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law.

PAYMENT

Depending on your chosen payment plan, will either bill calling charges to your credit card account or send you a monthly invoice for your use of the Services. If invoiced, you agree to pay the invoice by the due date. If you do not pay the entire invoice by the due date we may apply a late payment charge at the lesser of one and one half percent (1.5%) per month or the highest rate permissible under the applicable law. At any time, we may require a deposit or other form of advance payment prior to providing or continuing to provide Service. Should you fail to renew your subscription by paying the then current annual subscription fee within 30 days of subscription expiration, any advance payment balance will be forfeited. Unless we otherwise agree in writing, we may adjust our fees at any time, but we will attempt to provide you with some advanced notice. International rates can change without notice. Any features or upgrades to our Services will be provided to you on terms and prices generally available to the public or as otherwise agreed by us in writing.

COMMUNICATIONS AND CONTENT

You are responsible for the content of the messages you communicate when using our Services as well as the consequences of those messages. You agree that you will not use our Services to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to your identity.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

UNLESS BOTH PARTIES OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. CRYSTALVOICE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CRYSTALVOICE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.

NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES PROVIDED BY CRYSTALVOICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF CRYSTALVOICE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CRYSTALVOICE¹S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES RENDERED, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY AMOUNTS ACTUALLY REALIZED BY CRYSTALVOICE (LESS ANY PAYMENTS TO YOU) DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless CrystalVoice, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our Services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of CrystalVoice¹s successors, assigns and licensees.

PUBLICITY AND PRESS RELEASE

With your prior review and approval, we may issue a press release announcing your use of the Service. We may use your name or logo on our Site or in collateral marketing materials relating to the Services.

APPLICABLE LAW

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws or your actual state or country of residence.

MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site and policies at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition well be deemed severable and will not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

CrystalVoice Communications, Inc.
510 Castillo Street, Suite 200
Santa Barbara, CA 93101