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Terms Of Service This Web site, www.VoiceFollowUp.com / www.VoiceFollowUp.net / www.VoiceFollowUp.org (the "Site") is an online information service provided by VOICE FOLLOW UP LLC, subject to your compliance with the terms and conditions set forth below. By accessing this web site, you are acknowledging and accepting these terms of use. These terms of use are subject to change by VOICE FOLLOW UP LLC at any time and at our discretion without notice. Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site. 1. INTELLECTUAL PROPERTY You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by VOICE FOLLOW UP LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of VOICE FOLLOW UP LLC. For information on requesting such permission, please contact us at info@VoiceFollowUp.com. 2. END USER LICENSE AGREEMENT If you purchase a license (or obtain a free trial) to use our VOICE FOLLOW UP Software, then you will be subject to the terms of our current End User License Agreement . 3. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that your work has been copied and is accessible on this site or another site using our VOICE FOLLOW UP Software in a way that constitutes copyright infringement, you may notify us at info@VoiceFollowUp.com, or by mail at Voice Follow Up LLC, 15721 Bernardo Heights Pkwy. B-454, San Diego, CA 92128. 4. CONTENT SUBMITTED TO VOICE FOLLOW UP LLC You grant to VOICE FOLLOW UP LLC a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of VOICE FOLLOW UP LLC’s Site(s) (such as bulletin boards, forums and newsgroups) or by e-mail to VOICE FOLLOW UP LLC by all means and in any media now known or hereafter developed. You also grant to VOICE FOLLOW UP LLC the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against VOICE FOLLOW UP LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to VOICE FOLLOW UP LLC. This site or the sites of our customers that utilize our VOICE FOLLOW UP Software may link you to other sites on the Internet that are owned or operated by third parties. These third party sites are not under the control of VOICE FOLLOW UP LLC and you acknowledge that VOICE FOLLOW UP LLC is not responsible for the accuracy, copyright compliance, legality, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site. You should contact the site administrator for those third-party sites if you have any concerns regarding the content located on such sites. Your use of those third party sites is subject to the terms of use and privacy policies of each site, and we are not responsible for them. 6. DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VOICE FOLLOW UP LLC AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. 7. OBJECTIONABLE MATERIALS / USE Certain content dealing with pornography, illegal activities of any kind, occult, hate, and racism may not be promoted through the Voice Follow Up system. Furthermore, the use of illegal botnets and related activities are strictly prohibited. Voice Follow Up LLC reserves the right to make the final decision as to what is appropriate. Violators may be terminated without notice. 8. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL VOICE FOLLOW UP LLC OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VOICE FOLLOW UP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VOICE FOLLOW UP LLC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 9. INDEMNIFICATION Upon a request by VOICE FOLLOW UP LLC, you agree to defend, indemnify, and hold VOICE FOLLOW UP LLC and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site. 10. SEVERABILITY AND INTEGRATION Unless otherwise specified herein, this agreement constitutes the entire agreement between you and VOICE FOLLOW UP LLC with respect to this site and supersedes all prior or contemporaneous communications between you and VOICE FOLLOW UP LLC with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 11. COMPLIANCE WITH LAWS You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Voice Follow Up system in any way that violates any state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or that otherwise violates any applicable local, state, national, or international law or regulation. 12. JURISDICTION These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You hereby consent to jurisdiction of the courts in the State of California to resolve any disputes arising under this Terms of Use.
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