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IMPORTANT
- READ CAREFULLY BEFORE PROCEEDING
READ THE TERMS AND CONDITIONS OF THIS
AGREEMENT CAREFULLY PRIOR TO CLICKING
THE "SIGN ME UP" BUTTON, BY INDICATING
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
CONTAINED IN THIS AGREEMENT, YOU ("The
Subscriber") ACKNOWLEDGE AND AGREE TO
BE BOUND BY THE PROVISIONS OF THIS AGREEMENT
FOR THE USE OF THE SERVICES PROVIDED
BY VoiceBlaze. IF Subscriber IS NOT
WILLING TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT, OR IF
THE Subscriber IS NOT OF AGE, OR IS
OTHERWISE UNABLE BY LAW TO BE A PARTY
TO THIS AGREEMENT, THE Subscriber SHOULD
PROMPTLY EXIT FROM THIS WEB PAGE. VoiceBlaze
RESERVES THE RIGHT TO DISCONTINUE SERVICES
IN THE EVENT Subscriber DOES NOT OTHERWISE
COMPLY WITH THE TERMS AND CONDITIONS
CONTAINED HEREIN.
1. GRANT OF RIGHTS TO USE SERVICES.
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Effective upon acceptance of this
Agreement, VoiceBlaze hereby grants
to Subscriber a nonexclusive, nontransferable,
free-of-charge license to access
and use the Services, for Subscriber's
use.
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Subscriber shall have no right to
sell use of the Services nor make
any claim that it does have such
right.
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The Services will allow Subscriber
to perform various functions sending
prerecorded audio/voice messages
to predetermined phone numbers.
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The Service will allow Subscriber
to perform various functions setting
up various pre-recorded audio voice
messages and menu options that would
allow callers to listen and respond
to various voice prompts.
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Subscriber is solely responsible
for obtaining all equipment and
approvals necessary for connection
to the World Wide Web and all charges
associated with such connection
to the World Wide Web and phone
service charges.
2.
SUBSCRIBER REGISTRATION
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Subscriber will provide all relevant
data to VoiceBlaze upon signing
up for the Services and at subsequent
times as requested by VoiceBlaze.
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Subscriber acknowledges that VoiceBlaze
may distribute the registration
data to third parties, provided,
however, Subscriber's name, address
(home and email) and telephone number
will not be distributed, unless
required by law, or in the event
Subscriber grants VoiceBlaze the
right to provide that information.
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Subscriber shall update the registration
data as applicable.
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Upon completion of all registration
information and acceptance of this
Agreement, Subscriber will establish
a UserName and Password.
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Subscriber is solely responsible
for maintaining the confidentiality
of Subscriber's UserName, Password,
Mailbox Numbers and Personal Identification
Number (PIN).
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Subscriber shall not give account
information to third parties and
shall at all times be responsible
and liable for any transactions
or activities that occur on Subscriber's
account.
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Subscriber shall immediately notify
VoiceBlaze if any unauthorized use
of Subscriber's account has occurred
or of any other breach of security.
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Please refer to our Privacy Policy
for more details.
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Subscriber understands and agrees
that Subscriber and, if applicable,
Subscriber's company will assume
all financial responsibilities for
use of VoiceBlaze services originating
from Subscriber's account by Subscriber
or others.
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VoiceBlaze shall retain all right,
title and interest to the Services
including all copyrights, trademarks
and all other intellectual property
right there to. Subscriber may not,
nor allow any third party, to copy,
distribute, sell, disclose, lend,
transfer, convey, modify, decompile,
disassemble or reverse engineer
the Services and no use of trademarks
is granted under this Agreement.
The copyright notices and other
proprietary legends shall not be
removed from the Services and no
use of trademarks is granted under
this Agreement.
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Subscriber may not grant any sub-license,
leases or other rights in the Services
to any third party.
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All rights not expressly granted
under this Agreement are retained
by VoiceBlaze.
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Either
party may terminate this Agreement
upon notice to the other party.
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VoiceBlaze reserves the right to
suspend, deny or terminate Subscriber's
service if VoiceBlaze, at its sole
discretion, believes Subscriber
is using or plans to use VoiceBlaze
services in a manner that is unlawful,
abusive, prohibited by the VoiceBlaze
Terms of Service or if Subscriber's
use or planned use of VoiceBlaze
services creates or could create
a potential adverse impact to VoiceBlaze's
ability to provide service to others.
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Upon termination, Subscriber shall
immediately cease to use the Services
and VoiceBlaze shall have no further
obligations whatsoever to Subscriber.
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VoiceBlaze shall not be liable to
the Subscriber or any third party
for any reason for VoiceBlaze terminating
this Agreement.
5.
LIMITATION OF LIABILITY
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In
no event shall VoiceBlaze be liable
to Subscriber or any third party
for special, indirect, incidental
or consequential damages whether
arising under contract, warranty,
or tort (including negligence or
strict liability) or any other theory
of liability.
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VoiceBlaze's liability for damages,
regardless of the form of the action,
shall not exceed the license fee
paid by Subscriber for the Services,
if any.
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The limitation of liability reflects
the allocation of risk between the
parties.
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The limitations specified in this
Section will survive and apply even
if any limited remedy specified
in this Agreement is found to have
failed of its essential purpose.
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The Services licensed thereunder
are licensed "as is" and "as available"
and VoiceBlaze makes no warranties,
express or implied, including but
not limited to the implied warranties
of merchant ability and fitness
for a particular purpose and any
similar warranty whether said warranty
arises under provisions of any law
of the United States or any state
thereof.
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VoiceBlaze makes no representations
or warranties that the services
are free of rightful claims of any
third party for infringement of
proprietary rights.
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The entire risk associated with
the use of the Services shall be
borne solely by Subscriber.
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VoiceBlaze makes no warranty that
the Services will meet Subscriber's
requirements, or that the Services
will be uninterrupted, timely, secure,
error free or that any defects in
the Services will be corrected.
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VoiceBlaze Outbound service is a
nonrefundable, nonreturnable, non-exchangeable
prepaid service.
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All purchases are final. Unused
balances are nonrefundable.
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Monthly Reoccurring charge and service
charges are prepaid on a monthly
basis.
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Additional minute charges are billed
the month following the month additional
minute charges are incurred.
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VoiceBlaze does not make any warranty
pertaining to any goods or Services
purchased, obtained, secured or
acquired through the Services or
any transaction entered into through
the Service.
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VoiceBlaze does not warrant the
accuracy or reliability of the results
obtained through use of the Services
or any data or information downloaded
or otherwise obtained or acquired
through the use of the Services.
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Subscriber acknowledges that any
data or information downloaded or
otherwise obtained or acquired through
the use of the Services are at Subscriber's
sole risk and discretion and VoiceBlaze
will not be liable or responsible
for any damage to Subscriber or
Subscriber's property.
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Subscriber will not rely on any
representation or warranty implied
or expressed by any persons other
than an authorized member of VoiceBlaze
LLC with regards to VoiceBlaze products
and services.
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VoiceBlaze offers a 30 day satisfaction
guarantee. This means the following:
if the user can provide proof that
1. any call was not actually delivered
but was reported as delivered and
the user's account was debited for
the call or 2. the call was delivered
more than the number of times the
phone number appeared in the call
list used and the user's account
was debited for the calls, VoiceBlaze
will credit or refund the amount
pertaining to the call(s) in dispute.
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VoiceBlaze has 30 days from the
date of the notification of the
dispute to resolve the dispute.
All disputes must be in writing
and emailed to support@VoiceBlaze.com.
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Subscriber shall indemnify and hold
harmless VoiceBlaze, its directors,
officers, employees and agents from
and against all liabilities, losses,
costs, expenses (including reasonable
attorneys' fees), and damages resulting
from any negligent acts, omissions
or willful misconduct by Subscriber,
Subscriber's use of the Services
and any breach of the terms and
conditions of this Agreement by
Subscriber including any violation
of this agreement by subscriber
or any other person using subscribers
account including but not limited
to any violation of any federal
or state laws or regulations.
9.
MODIFICATION TO SERVICES
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During the term of this Agreement,
VoiceBlaze may modify or discontinue
the Services.
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VoiceBlaze shall not be liable to
the Subscriber or any third party
for any reason for VoiceBlaze's
modifying or terminating of such
Services.
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The Subscriber is responsible for
creating a back-up copy of any important
or critical information that is
stored on the Service prior to storing
on the VoiceBlaze system.
10.
MODIFICATION TO AGREEMENT
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VoiceBlaze may automatically amend
this Terms of Service Agreement
at any time by (i) posting a revised
agreement on the VoiceBlaze.com
Web site, and/or (ii) sending information
regarding the Terms of Service amendment
to the email address Subscriber
provides to VoiceBlaze.com. Subscriber
is responsible for regularly reviewing
the VoiceBlaze.com Web site to obtain
timely notice of such amendments.
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Subscribers will be deemed to have
accepted these amended VoiceBlaze
Terms of Service if Subscriber continues
to use VoiceBlaze service after
such amended Terms of Service have
been posted or information regarding
such amendment has been sent to
Subscriber. Otherwise, this Terms
of Service Agreement may not be
amended except in writing signed
by both parties.
11.
RULES AND REGULATIONS
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Subscriber shall be fully and solely
liable for any prerecorded audio,
voice transmissions sent through
the Service.
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VoiceBlaze has no control over the
content of any transmission or the
destination such transmission will
be sent nor will it be liable for
such content.
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Subscriber shall not use the Services
to create or distribute any images,
sounds, messages or other materials,
which are obscene, harassing, racist,
malicious, fraudulent or libelous,
nor use the Services for any activity
that may be considered or are unethical,
immoral, or illegal.
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Further, Subscriber will abide by
all rules, regulations, procedures
and policies of VoiceBlaze and any
policies of the networks connected
to the Services.
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Subscriber is aware, knows and understands,
the rules and regulations with specific
regard to the Federal Trade Commission
and the Federal Communications Commission
National Do Not Call Registry rules
and regulations and individual State
Do Not Call Lists rules and regulations
along with any other similar laws
that may be applicable to subscribers
use of VoiceBlaze. Subscriber agrees
not to violate these, or any other
applicable Federal or State laws
and represents and warrants that
subscribers use of VoiceBlaze will
not cause VoiceBlaze to violate
these or similar laws.
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Subscriber is aware or knows and
understands the anti-solicitation
provisions of the Federal Telephone
Consumer Protection Act of 1991,
and any amendments thereto, at 47
U.S.C. § 227, the Federal Communications
Commission's implementing regulations,
at 47 CFR § 64.1200 et seq., and
any other similar laws. Subscriber
agrees not to violate these, or
any other applicable anti-solicitation
laws, and represents and warrants
that its use of VoiceBlaze will
not cause VoiceBlaze to violate
these or other similar laws.
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Subscriber agrees that it is the
sole responsibility of the Subscriber
to abide by any laws defined by
the State or Federal Government
in which Services will be applicable.
Subscriber understands and agrees
that VoiceBlaze will not be held
responsible for damages to the Subscriber
or any third party incurred due
to Subscriber's failure to abide
by State and/or Federal laws.
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Please refer to the Telephone Consumer
Protection Act of 1991. 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.
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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 Service.
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Currently there are no numerical
limits to the amount of transactions
a Subscriber may send through the
Services, however, VoiceBlaze may
set numerical limits by notifying
Subscriber. Subscriber agrees to
abide by all applicable local, state,
national and international laws
and regulations and is solely responsible
for all acts or omissions that occur
under Subscriber's UserName and
Password, including the content
of Subscriber's transmissions through
the Service. By way of example,
and not as a limitation, Subscriber
agrees not to:
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Use the Service in connection with
the delivery or transmission of
unsolicited messages (commercial
or otherwise) or spamming.
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Create a false identity or forged
email address, or otherwise attempt
to mislead others as to the identity
of the sender or the origin of the
message. Transmit through the Service
unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene
or otherwise objectionable material
of any kind or nature.
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Transmit any material that may infringe
the intellectual property rights
or other rights of third parties,
including trademark, copyright or
right of publicity. Transmit any
material that contains viruses,
trojan horses, worms, time bombs,
cancelbots, or any other harmful
or deleterious programs.
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Violate any U.S. law regarding the
transmission of technical data or
software exported from the United
States through the Service.
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Interfere with or disrupt networks
connected to the Service or violate
the regulations, policies or procedures
of such networks.
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Attempt to gain unauthorized access
to the Service, other accounts,
computer systems or networks connected
to the Service, through password
mining or any other means.
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Interfere with another member's
use and enjoyment of the Service
or another entity's use and enjoyment
of similar services.
12.
THIRD PARTY ADVERTISER
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Subscribers may enter into transactions
with advertisers on the Services.
Such transactions are between Subscriber
and advertisers and VoiceBlaze has
no connection with any such transaction.
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VoiceBlaze assumes no liability
for any such transactions.
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This
Agreement merges all prior written
and oral communications and defines
the entire agreement of the parties
concerning the Services.
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In the event any portion of this
Agreement shall be held illegal,
void, or ineffective, the remaining
portions hereof shall remain in
full force and effect and such illegal,
void or ineffective provisions shall
be construed, as nearly as possible,
to reflect the intentions of the
parties.
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All notices under this Agreement
shall be in writing and delivered
by email. This Agreement shall be
construed in accordance with the
laws of the State of Pennsylvania
without regard to its conflict of
laws provisions. VoiceBlaze and
the individual Subscriber and, if
applicable, the Subscriber's company
will submit to the jurisdiction
of the State and Federal courts
of Pennsylvania.
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Subscriber agrees and acknowledges
that any breach of the provisions
regarding ownership contained in
this Agreement shall cause VoiceBlaze
irreparable harm and VoiceBlaze
may obtain injunctive relief as
well as seek all other remedies
available to VoiceBlaze in law and
in equity.
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Subscriber shall not assign its
rights under this Agreement. This
Agreement shall be binding on and
inure to the benefit of the parties,
their successors, and permitted
assigns and legal representatives.
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The failure of VoiceBlaze to exercise
its rights under this Agreement
will not be construed as a waiver
of such rights, nor will it any
way affect the validity of this
Agreement. Sections 5, 6, and 7
shall survive termination or expiration
of this Agreement for any reason.
14.
Additional Terms and Conditions for
VoiceBlaze Toll Free and other Monthly
Reoccurring Services
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Subscriber may not transfer, port,
sell, assign or make any claim that
it has the right to so with regard
to any VoiceBlaze Toll Free number
or Account.
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Subscriber understands that all
VoiceBlaze Reoccurring services
including but not limited to Developer
IVR & Toll-Free Service is for the
term of Twelve Months.
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This Twelve Month Agreement has
a term of twelve months from the
date you signed up ("Sign-up Date")
for the recurring service or Toll
Free Number and will automatically
renew thereafter for an additional
12 month period on the one year
anniversary of the Sign-up Date
unless subscriber provides a 90
day written notice prior to automatic
renewal.
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Monthly Reoccurring charge and service
charges are prepaid on a Monthly
basis. Additional minute charges
are billed the month following the
month additional minute charges
are incurred.
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Excessive additional minute usage
is subject to review by VoiceBlaze.
VoiceBlaze at its sole discretion
reserves the right to offer subscriber
an alternative service plan that
would prevent excessive additional
minute usage and reserves the right
to place limitations on additional
minute usage.
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Subscriber understands and agrees
that in the event additional minute
usage exceeds Subscriber's monthly
recurring charge by one or both
of the following (1) $500; or (2)
100% of Subscriber's monthly recurring
charge; VoiceBlaze at its sole discretion
may charge subscribers credit card
for all outstanding charges. In
the event that the credit card issuer
(1) declines any charges; or (2)
requests return of payments previously
made to VoiceBlaze, VoiceBlaze reserves
the right to to terminate or suspend
service without prior notice.
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Subscriber's recurring service or
Toll Free Number or Account may
be canceled (1) with a written notice
or cancellation request 90 day prior
to renewal date, during which time
normal monthly service fees will
apply or (2) with a written notice
or cancellation request asking for
immediate cancellation, for which
a prorated monthly service fee,
additional minute fees, plus a $50
cancellation fee will apply.
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All charges for recurring VoiceBlaze
service and Toll Free service will
be charged to the credit card number
subscriber provided when signing
up for a VoiceBlaze Toll-Free number.
In the event credit card or other
form of payment is denied, VoiceBlaze
may discontinue service immediately.
Payment must be made within 5 business
days or service may be terminated
and a $50 cancellation fee will
apply.
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