Civicom Terms of Service
THANKS. Thank you for using our services. They are provided by Civicom, Inc. ("Civicom"), located in Greenwich, CT. Our contact information is at the end of this document and on our web site. By using our Services, you are agreeing to these Terms of Service. USING OUR SERVICES This Terms of Service Agreement ("Agreement") governs the use of the software, website, service, and technology, and related documentation, of Civicom, Inc. and its affiliates (collectively, "Service"). "You" or "Account Holder"5 refers to any person or entity which accesses or uses our Service. 1. Agreement. This page provides the terms and conditions under which you may use the Service. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE. We may modify this Agreement at any time, and such modification shall be effective 30 days after either posting of the modified Terms or notice to you. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the Service after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. We agree to notify our registered users of modifications we regard as material by electronic mail sent to the email address you provide us during signup. Your entry into this Agreement constitutes agreement to that manner of notification. 2. Your E-Mail Address. You also agree to maintain an electronic mail address and some form of Internet access throughout the term of this Agreement and to notify us of any change to that electronic mail address so that we know how to reach you. 3. License. THE CONTENTS OF OUR WEBSITE, INCLUDING ITS "LOOK AND FEEL" (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS) AND OTHER MATERIAL, ARE PROTECTED UNDER UNITED STATES AND FOREIGN COPYRIGHT, TRADEMARK, AND OTHER LAWS. These contents belong to or are licensed to Civicom. We hereby grant you the right to view and use our website subject to this Agreement. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at the address provided at the end of this Agreement. Civicom provides you with a limited license to use our software in accordance with this Agreement. You may not sublicense or charge others to use our software without our written consent. We occasionally may provide automatic or voluntary upgrades to improve your usage experience. Any such upgrades are provided pursuant to these same conditions. 4. Content. You are solely responsible for, and retain ownership of, the content sent by You via Civicom's Services. You agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. 5. Privacy. We respect your personal privacy. Please see our Privacy Policy, which is incorporated by reference into this Agreement for the details of our commitment. We are obligated to notify you annually of our Privacy Policy. By entering into this Agreement, you agree that our posting of the policy with its most recent revision date on our website suffices for purposes of such notice. 6. Fees. Our fees are communicated with You electronically or are set forth in the billing section of "My Account" when you sign in at the web site of Civicom or its affiliates. Civicom will use best efforts to ensure that you are aware of the fees prior to the delivery of services. If you are not agreement with, or do not understand, the fees communicated to you, you should not accept delivery of Civicom's services. In addition, you are responsible for all applicable taxes and purchases made by you or anyone using your account, just as you would for any phone calls on your regular telephone bill. 7. Usage Rules. As a condition of your use of the Service, you warrant to us that you will not use this Service for any purpose that is unlawful or prohibited by this Agreement. Fraudulently procuring or misusing telephone service can be a federal and state crime. CIVICOM WILL PROSECUTE TO THE FULLEST EXTENT OF THE LAW ANY FRAUD OR ATTEMPTED FRAUD AGAINST US OR OUR CUSTOMERS. a. You are responsible for your use of the Service and for any use of the Service on your account. b. If you have registered and opened an account with us, you may not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Service using your name and password for any purpose, other than an agent acting on your behalf under your direct supervision. c. You represent that the information you provide to Civicom during setup and during any other communication with Civicom is accurate and complete. d. You may not interfere with other users use of the Service, including, without limitation, taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others. e. You may not post or transmit any file which contains, or otherwise introduce onto the Service, any viruses, worms, Trojan horses or any other contaminating or destructive features. f. Notwithstanding anything to the contrary in this Agreement, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Service other than the search engines and search agents available from Civicom and other than generally available third-party web browsers is prohibited. g. You may not attempt to decipher, decompile, disassemble, reverse-engineer, or make derivative works from any of the software provided by Civicom to you or comprising or in any way making up a part of the Service. 8. Warranty Disclaimer. OUR SERVICE (INCLUDING OUR SOFTWARE AND ANY PRODUCTS) IS PROVIDED AS IS AND AS AVAILABLE." CIVICOM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE AND ANY PRODUCTS CONTAINED ON OR MADE AVAILABLE THROUGH THIS SERVICE. 9. Waiver, Release and Limitation of Liability. YOU AGREE THAT NEITHER CIVICOM, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY ARISING OUT OF OR RELATING TO USE OF THE SERVICE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CIVICOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF CIVICOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES YOU SUSTAIN ARISING OUT OF OR RELATING TO USE OF THE SYSTEM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOSS OF DATA OR PROGRAMS, LOST PROFITS, BUSINESS INTERRUPTION, INDEMNIFICATION OF THIRD PARTIES, AND THE LIKE, EVEN IF CIVICOM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT OR TORT. 10. Survivability of Limitation of Liability. NOTWITHSTANDING THE FOREGOING PARAGRAPH, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, THESE LIMITATIONS MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTY IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF CIVICOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW AND, IF SO PERMITTED, NOT TO EXCEED FIVE HUNDRED UNITED STATES DOLLARS (U.S. $500.00). ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO USE OF THE SERVICE ARE HEREBY EXCLUDED EVEN IF CIVICOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11. Disclaimer of Liability for Service Interruption. CIVICOM EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICE OR YOUR USE OF THE INTERNET OR THE TELECOMMUNICATIONS SYSTEM IN CONNECTION WITH THIS SERVICE WILL BE FREE OF INTERRUPTION OR THAT THE SERVICE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. NEITHER CIVICOM, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY THIRD-PARTY VENDOR WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SERVICE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS OR USE THE SERVICE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CIVICOM OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT. 12. Indemnification. You agree to indemnify, defend and hold harmless Civicom, its officers, directors, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys fees, arising out of or relating to any violation of this Agreement or any activity related to use of the Service by you or any other person accessing the Service using your account. 13. Third Party Rights. The provisions of paragraphs 8, 9, 10, 11, and 12 apply for the benefit of Civicom and its officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 14. Your Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement. 15. Right To Terminate. The Company reserves the right, at its sole discretion, to suspend or terminate your ability to use or access the Service at any time without notice to you. 16. Miscellaneous. a. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Civicom as a result of this Agreement or your use of the Service. b. You may not assign your account or your obligations under this Agreement, or any part thereof, without Civicom's express written consent. c. Civicom may assign its rights and duties under this Agreement to any party at any time without notice to you. d. Any cause of action or claim you may have with respect to Civicom must be commenced within one (1) year after the claim or cause of action arises. e. Civicom's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. 17. Governing Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its provisions relating to conflicts of law. You agree that any legal action or proceeding between Civicom and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a state or federal court sitting in, or with jurisdiction over, Fairfield County, Connecticut, United States of America. In light of the nature of this Agreement, you understand and agree that money damages may be insufficient to rectify breach and that, consequently, Civicom will be entitled to seek preliminary and equitable relief upon a breach of the Agreement by you. 18. Entire Agreement. This Agreement, including the Privacy Policy and Fee Schedule, comprises the full and final understanding between you and Civicom and merges and supersedes any and all other agreements, understandings or representations, written or oral, with respect to the subject matter hereof. The Agreement may not be modified except in writing (in paper or electronic form) signed by You and by an authorized representative of Civicom, and referring specifically to this Agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. 19. Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. 20. Contacting Us. To contact us with any questions or concerns in connection with this Agreement, or to provide any notices under this Agreement, please contact us at: Civicom, Inc. PO Box 4689 Greenwich, CT 06831 Phone: +1-203-618-1811 Last updated: December 12, 2012