Terms of Service
Date of Last Revision: January 2015
These Terms of Service (“TOS”) constitute an agreement between VOICE LOGIC, LLC., an Indiana corporation, and its subsidiaries, affiliates, agents, and/or licensors (“voicelogic”, “we” or “us”), and the end-user customer (“Customer”, “you” or “user”) for voicelogic’s telecommunication, facsimile, and related services (“Service” or “Services”) associated with your assigned toll free and/or local number account (“Account”). This TOS covers and applies to all of voicelogic’s free and paid service plans. This TOS supersedes all prior or contemporaneous communications and proposal, whether oral or written, between voicelogic and you with respect to the Services.
1. ADDITIONAL AGREEMENTS
2. 911 CALLING NOT AVAILABLE IF YOU DO NOT SUBSCRIBE FOR voicelogic DIGITALLINE VOIP SERVICES.
The voicelogic Softphone is downloadable software that acts as a graphical user interface (GUI) on your computer. The Softphone allows you to control inbound calls by, among other things, accepting and answering inbound calls, sending the inbound calls to voicemail, and responding to an inbound call using voicelogic’s interactive voice response (IVR) system. The Softphone also allows you to access your voicelogic account to view your call-logs, change your user preferences, etc. However, absent voicelogic DigitalLine VoIP Services, the voicelogic Softphone does not allow you to place outbound calls. Therefore, voicelogic Softphone does not offer 911 or emergency calling unless you subscribe to voicelogic DigitalLine VoIP Services.
- If you do not subscribe to voicelogic DigitalLine VoIP Services, you must make alternative arrangements to place 911 calls using your landline, mobile or cell phone and should not rely on voicelogic for 911 calling capability.
- If you do subscribe to voicelogic DigitalLine VoIP Services, you are advised that 911 calling using voicelogic DigitalLine VoIP Services is different than traditional 911 calling and subject to certain limitations and restrictions described more fully below in Availability and Limitations of 911 Service in the Supplemental Terms of Service for voicelogic® DigitalLineSMVoIP Services for Canada. You are hereby advised to carefully fully read the Supplemental Terms of Service for voicelogic® DigitalLineSMVoIP Services for Canada if you subscribe to voicelogic® DigitalLineSMVoIP Services.
voicelogic DOES NOT OFFER 911 OR EMERGENCY CALLING UNLESS YOU SUBSCRIBE TO voicelogic DIGITALLINE VOIP SERVICES. YOU UNDERSTAND AND AGREE THAT YOU CANNOT USE THE voicelogic SERVICES TO CALL 911 OR FOR EMERGENCY CALLING. You understand and agree that no voicelogic Service is a replacement for your traditional telephone service. You agree to separately maintain wireless or traditional wireline telephone service that will enable you to call 911. Specifically, you agree that you will purchase, with a third-party separately from voicelogic, traditional wireless or wireline telephone service that offers access to 911 emergency calling and any other applicable emergency services.
RINGOUT – NO 911 CALLING
voicelogic DOES NOT OFFER DO NOT OFFER 911 OR EMERGENCY CALLING FOR THE RINGOUT APPLICATION. DO NOT USE THE RINGOUT APPLICATION TO CALL 911. YOU ACKNOWLEDGE AND AGREE THAT THE RINGOUT APPLICATION IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO CALL 911.
You agree that voicelogic, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using voicelogic Services.
You waive all claims and causes of action against voicelogic, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using voicelogic Services, unless the claims or causes of action arise from voicelogic’s gross negligence, recklessness, or willful misconduct. Some jurisdictions do not permit certain limitations of liability, so certain of the foregoing waivers may not apply to you.
3. REGISTRATION PROCEDURES
Upon signing up for the Service, you agree to provide true, accurate, current and complete name, contact information, and other data to voicelogic and at subsequent times as requested by voicelogic. If you provide information that is, or that voicelogic suspects to be, false, inaccurate, not current, or incomplete, voicelogic has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof, except where prohibited by law. At all times, you shall maintain and promptly update registration data as applicable.
Upon completion of all registration information and acceptance of this TOS, voicelogic will provide you with, as applicable, a password, user ID, and/or PIN and telephone number. You are solely responsible for maintaining the confidentiality of your password and PIN, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password and/or PIN, even if such transactions and/or activities were not authorized by you. You are solely liable for any transactions or activities that occur on your Account. You shall immediately notify voicelogic if any unauthorized use of your Account or any other breach of security has occurred. In no event shall voicelogic be liable for any unauthorized use of your Account.
4. CUSTOMER 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 TOS. You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 911 and any other applicable emergency service number. You agree to be financially responsible for your use of the Services, including the authorized or unauthorized use of your account by others. In order to use the Service, you agree, at your sole expense: to (1) provide and be responsible for payment for all equipment necessary to establish a connection to the Internet and/or to the Publicly Switched Telephone Network (“PSTN”), as may be required to use the Service; (2) provide for access to the Internet and/or PSTN and pay any Internet connection service fees associated with such access; (3) supply and pay for all phone service features required for your use of the Service; and (4) pay us for the Service.
5. SERVICE AND PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY
With respect to its offering of information, services, and products, voicelogic attempts to describe its offerings as accurately as possible. Nevertheless, voicelogic does not warrant that information, service and product descriptions, service or product availability, or other content of its website (the “Site”) is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or causes that a service or product offered on the Site may be mispriced, described inaccurately, or unavailable. Except where prohibited by law, in the event that a service or product is or is determined by voicelogic to be mispriced or described inaccurately, voicelogic reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify voicelogic immediately if you become aware of any pricing or descriptive errors or inconsistencies with any services or products you order through the Site and comply with any corrective action taken by voicelogic.
6. PROHIBITED USES
You may use voicelogic’s telecommunication, facsimile, DigitalLineSM VoIP and related services (“Service” or “Services”) only for lawful purposes and you may not, at any time, use the Service for any illegal, improper or abusive purpose or in any way which interferes with our ability to provide Service to other customers, prevents or restricts other customers from using the Service, or damages any voicelogic or other customer's property. Prohibited uses include, but are not limited to:
- Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another’s privacy.
- Sending unsolicited messages or advertisements, including email, voicemail or faxes (commercial or otherwise) (“spamming”), or otherwise sending bulk and/or junk email, voice mail, or faxes.
- Harvesting or otherwise collecting information about others, including email addresses, without their consent.
- Knowingly transmitting any material that contains viruses, time bombs, trojan horses, worms, or any other programs that may be harmful or dangerous.
- Creating a false Caller ID identity (“ID spoofing”) or forged email address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.
- Transmitting any material that may infringe the intellectual property rights or other rights of third parties.
- Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit or otherwise avoid any Reasonable Use Policy.
- Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Service.
By using the Services, you understand and agree that:
- You are solely liable for any transmissions sent through the Service and that voicelogic has no control over the content of any transmission.
- You must abide by all applicable voicelogic policies and procedures and agreements related to the Services.
- You may not 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.
- You may not interfere with other customers’ or third-parties’ use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service.
- Your use of the Service is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
- You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.
7. voicelogic’S PROPRIETARY RIGHTS
voicelogic owns and shall at all times retain sole and exclusive right, title and interest to the Service, including all intellectual property rights thereto, including without limitation with respect to all technology used in connection with or provided as part of the Services. All rights not expressly granted under this TOS are retained by voicelogic. Any new features provided by voicelogic shall also constitute “Services” and shall be subject to this TOS.
You may not, and shall not allow any third party to, copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and/or any of voicelogic’s technology or software for any purpose whatsoever.
8. CHARGES, PLAN CREDITS AND CHARGEBACKS
Generally. You are responsible for paying all charges for your Account, including but not limited to, toll-free, local, long distance and directory assistance charges, and for all taxes and surcharges imposed on you or us as a result of your use of the Service. All fees and charges related to the Service are listed on the Service Plans section of the Company’s website, available here. These fees and charges, include the your monthly service charge for the Service, the cost of any additional overage minutes, termination and transfer fees, any applicable government taxes, fees and assessments and any administrative fees charged by voicelogic in connection with maintaining the Service and/or assessing or collecting such government taxes, fees and assessments. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. voicelogic also reserves the right to charge termination and transfer fees consistent with each plan’s terms and conditions and as provided in this Terms of Service.
Plan Credits. voicelogic offers several different Service plans. Some of the plans provide for a fixed number of monthly credits. Credits may be used for domestic or international calling and faxing; however, all credits are quoted for domestic minute usage. Rates for international calling may differ. All credits available for use with the Services, including bonus minutes and/or other promotional incentives (e.g., “tell-a-friend” credits) and the like (collectively “Plan Credits”), have no monetary value. Plan Credits may only be redeemed by the holder of the Account to which the Plan Credits have been credited, and may not be sold, transferred, or assigned, or used by another user or with another user’s Account. Upon termination of your Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or pro-ration shall be made for any unused Plan Credits.
International Calling. Because Plan Credits are quoted for domestic minute usage, you may be charged additional Plan Credits and/or additional rates may apply if you use your Plan Credits for international calling. voicelogic’s current international rates may be found on the voicelogic’s website under “International Rates” by clicking here. You are advised to refer to your specific Service plan details regarding all domestic and international charges and all other terms and conditions of your Service plan.
Fraudulent or Erroneous Charges. voicelogic strongly encourages you to contact voicelogic directly in cases of suspected fraud or error involving your account. In most cases, voicelogic can correct fraudulent or erroneous charges without bank or credit card company intervention. If you suspect fraud or discover erroneous charges on your voicelogic account, please contact voicelogic customer support at 1 (888) 898-4591. When you contact customer support, please have the following information available: (a) your name, contact information, and the voicelogic Account telephone number in question, (b) the date that the Account in question was created, (c) the credit card account number used to open the Account, and (d) the total amount charged to the Account. If you request that your bank/credit card perform a chargeback without first contacting voicelogic and voicelogic subsequently determines that the charges at issue are not erroneous or fraudulent, voicelogic reserves the right to take any available legal action except where prohibited by law.
9. BILLING AND PAYMENT
Any applicable initiation charges, usage and monthly recurring charges and fees are billed in full in advance. Termination and transfer charges are billed in arrears. Upon termination of your Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or proration shall be made of any unused Plan Credits or of any remaining periods/months on any pre-paid Service plan except where prohibited by law.
When you subscribe to our service, you will provide us with a payment method, such as a valid credit card, and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any disconnection fee and any other outstanding charges and disconnect your service. You will advise us of any changes to your payment method, such as credit card account number or expiration date changes. Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due.
Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations to charges to your Account.
10. EQUIPMENT RETURNS
You are responsible for all return shipping charges for any hardware returned to voicelogic for any reason, including situations in which hardware is covered under warranty. If you have purchased any hardware from us or we have otherwise provided you with any hardware and your Account is terminated for any reason after the end of any free-trial period and prior to the end of your first year of service, you hereby authorize us to immediately bill your credit card the full list-price of the hardware (if the hardware was provided for free) or for the balance of the list-price of the hardware (if the hardware was sold to you at a discounted price) if such hardware is not returned to and received by voicelogic in good working condition within 21 days of cancellation or disconnection. voicelogic will assess an additional $30 charge for any functioning equipment returned in poor condition (e.g., missing components and/or scratches).
11. REASONABLE USE
Unusually high usage of the Service attributable to individual Accounts may impair voicelogic’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, for all Service Plans, reasonable use means that your use of the Service does not materially impair voicelogic’s ability to provide the Service to other users.
UNLIMITED OR UNMETERED PLANS
All unlimited or unmetered plans (“Unlimited Plans”) are subject to all of the Prohibited Use and Reasonable Use limitations set forth in the Reasonable Use Policy. In addition, all unlimited or unmetered plans are subject to the following terms and conditions:
- Unlimited Plans are for normal residential or business use.
- Unlimited Plans cannot, under any circumstances, be used for call-in lines, call centers, conference calling, trunking (to a PBX or otherwise), continuous or extensive call forwarding, autodialing, fax blasting, telemarketing (including without limitation charitable or political solicitation and/or polling), junk faxing, fax spamming, or other high volume or multi-person calling or faxing purposes.
- Excessive Use of Unlimited Plans is prohibited. “Excessive Use” means that your use exceeds the monthly minutes used by 98% of all voicelogic Unlimited Plan customers. Excessive Use is measured on a monthly basis. For example, if you use 7,500 minutes in one month and 98% of all voicelogic Unlimited Plan customers used less than 7,500 minutes that month, your use would constitute Excessive Use and would be in violation of the Reasonable Use Policy.
voicelogic reserves the right to review and monitor your usage of your Unlimited Plan at any time (i) to calculate Excessive Use and (ii) compliance with this Reasonable Use Policy, including that there is no Excessive Use.
Except where prohibited by law, if you violate the Reasonable Use Policy, including but not limited to by Excessive Use of the Service, you hereby acknowledge and agree that voicelogic may modify, suspend, terminate, disconnect or take any other reasonable action regarding your Service to prevent continued violation of this Reasonable Use Policy (a “Plan Modification”), including charging you on per minute basis, at voicelogic’s published per minute rates, for any Excess Use or automatically converting your Unlimited Plan to a metered plan. You hereby agree to pay voicelogic, and hereby authorize voicelogic to charge your credit card for any additional fees, charges and penalties related to any Plan Modification.
12. NUMBER OWNERSHIP
You understand that and agree that numbers requested from voicelogic may not be available, and that you are not the owner of any toll-free or local telephone number or facsimile number assigned to you by voicelogic. You understand and agree that voicelogic may from time to time need to change the telephone or facsimile number assigned to you (due to an area code split or for any other reason). You understand that unless you arrange with a new service provider to port your RC number to that new service provider, the number assigned to you will be reassigned upon termination of your Service. voicelogic will not be liable for any damages (including consequential or special damages) arising out of any such reassignment.
13. NUMBER AVAILABILITY
Certain of RC’s Services permit you to request a specific telephone number. If you request a specific telephone number, voicelogic will attempt to provide you with that number. However, voicelogic cannot guarantee that requested numbers will be available. You should not order any printed material, such as business cards or stationary, showing a voicelogic number until that number becomes active in your voicelogic Account. voicelogic will not be liable for reimbursement for business cards, stationary, and/or any other such expense under any conditions.
14. VOICEMAIL, BROADCASTING AND FAX SERVICES
Storage. voicelogic is not obligated to store your voicemails, sent/received calls and/or faxes and does so only as a convenience to you. You agree that voicelogic has no responsibility or liability whatsoever for the deletion or failure to store any voicemail or fax messages, any call-log information and/or other communications maintained or transmitted by the Services.
Unsolicited Advertisement Policy. The transmission of unsolicited calls, using the Service for broadcasting, or transmitting unsolicited fax advertisements is regulated by the Canadian Radio-television and Telecommunications Commission. Distribution of unsolicited voicemail, broadcast and fax advertisements through the Services is prohibited. You shall not use the Service to send or transmit any unsolicited communications or advertisements and understand that, if you do, voicelogic may immediately terminate your right to use the Services without any liability of any kind.
At voicelogic’s option and without further notice, voicelogic may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to hold harmless voicelogic from and against any damages or liabilities of any kind related to any voicemail, broadcast and/or fax spam or solicitations that you may send and/or receive using the Services.
15. RECORDING CONVERSATIONS
Certain voicelogic Services provide a function that allows you to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary across jurisdictions, including from province to province. You are solely responsible for complying with all federal, state, provincial and local laws in any relevant jurisdiction when using this feature. voicelogic expressly disclaims all liability with respect to your recording of telephone conversations. Except where prohibited by law, you hereby release and agree to hold harmless voicelogic from and against any damages or liabilities of any kind related to the recording of any telephone conversations using the Services.
16. VOICE TO TEXT LIMITATIONS
Certain voicelogic Services provide a function that allows voicemails to be converted to text. You understand and agree that voicelogic's voice to text feature may not accurately transcribe the recorded voice message. You are solely responsible for checking the original voicemail and verifying the accuracy of the message when using any and all voice to text features. voicelogic expressly disclaims all liability with respect to the conversion of voicemails to text. You hereby fully, finally and forever release, discharge and hold harmless voicelogic from and against any damages or liabilities of any kind related to the use of voice to text features when using the Services.
17. SERVICE CHANGES
You understand and agree that voicelogic may make upgrades or changes to the Services which will not materially diminish the functionality of the Services without prior notice to you. In the event that a change to the Services would, in voicelogic's reasonable discretion, permanently materially diminish or impair the functionality of the Services ("Change"), voicelogic shall provide you with written notice of such Change at least sixty (60) days prior to the date the Change is to take effect. If the Change is unacceptable to you, you may terminate the Services without penalty by calling voicelogic at (800) 574-5290. Any use of the Services after the effective date of Change will be deemed your acceptance of the Change.
Services are provided for a term of thirty (30) days, one (1) year or as otherwise provided in your Services Contract, depending on the Service Plan you select when purchasing the Services (the “Term”). The initial Term begins on the date that you purchase the Services (“Date of Purchase”).
The Term for all Service plans will renew automatically for successive Terms of the same length without further action by or notice to you unless you notify voicelogic of non-renewal at least thirty (30) days before the end of the then current Term by contacting customer service.
You may cancel or terminate your use of the Services with or without cause at any time by calling voicelogic at (800) 574-5290, subject to the restrictions and fees provided in this TOS and additional agreements governing the Services. voicelogic is available to take your call Monday-Friday between 9:00 a.m.- 5:00 p.m. Pacific Time.
Annual Plan Customers. For annual plan customers, you are purchasing the Service for the full length of the applicable Term. You have thirty (30) days from the Date of Purchase for a prorated refund in accordance with your Services Contract. After the first thirty (30) days, if you terminate the Services prior to the end of your Term, you are responsible for all charges for any remaining time left on the Term as if you remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, and any applicable disconnection fee, as described below (collectively, “Default Charges”). In addition, you will not be entitled to a refund for any unused portion of prepaid Term charges.
Except where prohibited by law, you understand and agree that voicelogic may at any time, and without additional notice to you terminate, modify, suspend, disconnect, discontinue or block access to some or all of the features of the Services if:
- you have created or caused to be created or it is determined by voicelogic that you have created or caused to be created multiple free accounts.
- such action is necessary or is determined by voicelogic to be necessary to maintain or improve the Services, to prevent fraud or misrepresentation by affirmative acts and/or omissions, to protect other users or third parties, or for any other good cause.
- For any other reason voicelogic would restrict access to the Services, including but not limited to compliance with requests by law enforcement or other government agencies.
Upon any termination, you hereby authorize voicelogic to charge your credit card, and you hereby agree to be liable for, the applicable Equipment Return Fee in accordance with voicelogic’s Equipment Return Policy for all phones, hardware and other equipment purchased or provided to you in connection with the Services.
voicelogic shall not be liable to you or any third party for any reason for terminating your use or access to the Services.
If you or voicelogic terminates your right to use the Services, you shall not be entitled to any refund or pro ration of any pre-paid amounts or credits, subject to applicable laws.
Plan Credits purchased by you will remain effective and shall not expire for as long as your Account is active and in good standing, as determined by voicelogic in its sole discretion.
20. WARRANTY DISCLAIMER
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND voicelogic MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF CANADA OR ANY PROVINCE THEREOF. voicelogic MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.
voicelogic MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE OR THE QUALITY OF VOICE OR FAX COMMUNICATIONS.
voicelogic MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. voicelogic IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. voicelogic IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICES.
voicelogic 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. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND voicelogic WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM voicelogic, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, voicelogic MAKES NO GUARANTEES OF SECURITY.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
21. LIMITATION OF LIABILITY
IN NO EVENT SHALL voicelogic BE LIABLE TO YOU 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. voicelogic’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES voicelogic CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify and hold harmless voicelogic, its directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from (1) any negligent acts, omissions or willful misconduct by you, (2) your use of the Services, (3) any breach of this TOS by you, and/or (4) your violation of any law or of any rights of any third party. The provisions of this section are for the benefit of voicelogic and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Some jurisdictions do not allow or limit certain customer indemnifications, so certain of the foregoing indemnifications may not apply to you or may be limited in accordance with applicable legislation.
24. FUTURE CHANGES TO THIS AGREEMENT
voicelogic may update these Terms of Service from time to time. All elements in this Agreement are subject to amendment from time to time. The intervals in which voicelogic may propose an amendment is weekly. The amendment proposal will be provided to you at least thirty (30) days but no more than ninety (90) days before the date on which the amendment shall take effect. Upon such amendment, you have the option of either terminating this Agreement or retaining the existing agreement unchanged. Your continued use of the Site after changes have been posted constitutes agreement to the updated terms and conditions.
You agree that you are solely responsible for (i) making sure that your registered email account is current and functional, (ii) checking your registered electronic mail on a daily basis, and (iii) making sure that voicelogic communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet service provider or for any other reason.
The modified TOS shall supersede all previously agreed to electronic and written terms of service, as well as any prior versions of this TOS.
25. COPYRIGHT INFRINGEMENT
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent or received using the Service for purposes of determining copyright infringement. However, except where prohibited by law, voicelogic reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if a user is or is determined by voicelogic to be a repeat infringer.
26. FORCE MAJEURE
voicelogic shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war or government requirements.
Notices to you shall be effective when sent by email to the email address provided to us or, at our option, 3 days following the date deposited in regular United States Mail, postage prepaid, addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Legal Department and received at our then-current address as posted on our website. Your notice must specify your name and Account information. All notices from you to voicelogic must be made in writing.
28. GENERAL INFORMATION
THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE voicelogic SERVICES. SOME JURISDICTIONS DO NOT ALLOW GOVERNING LAW PROVISIONS, SO CERTAIN OF THE FOREGOING GOVERNING LAW PROVISIONS MAY NOT APPLY TO YOU.
If any part of this TOS is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
The failure of voicelogic to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision.
You agree and acknowledge that any breach of the provisions regarding intellectual property ownership contained in this TOS shall cause voicelogic irreparable harm and voicelogic may obtain injunctive relief as well as seek all other remedies available in law and in equity.
You may not transfer or assign this TOS or any of your rights under this TOS. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this TOS shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.
The provisions of this TOS relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this TOS for any reason.
The U.N. Convention for the Sale of Goods shall not be applicable to your purchase of voicelogic Services.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
29. DISPUTE RESOLUTION
You agree that any disputes between you and voicelogic shall be adjudicated in the state and federal courts of the State of California, U.S.A. Venue for all claims and disputes between you and voicelogic shall be the county of Marion, State of Indiana. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction. Some jurisdictions do not allow arbitration provisions, so certain of the foregoing arbitration provisions may not apply to you.
If you have any questions, comments or concerns about this TOS Agreement, please e-mail us at email@example.com, or call us at 1 (800) 574-5290. Or you can write to us at:
Attn: General Counsel / TOS Officer
5656 W. 74th St.
Indianapolis, IN 46278
voicelogic is committed to the policies set forth in this TOS Agreement.
The parties confirm that it is their wish that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English. Les parties aux presentes confirment que c’est leur volonte que la presente convention de meme que tous les documents, y compris les avis, s’y rattachant, soient rediges en anglais.
Copyright 1999 - 2015 VOICE LOGIC, LLC. All rights reserved.
**The following Supplemental Terms of Service only apply if you have subscribed for voicelogic DigitalLineSMVoIP Services.
Supplemental Terms of Service for voicelogic® DigitalLineSMVoIP Services for Canada
Date of Last Revision: October 5, 2009
Date of Last Revision: August 2009
These Supplemental Terms of Service for voicelogic DigitalLineSMVoIP Services (“TOS”) constitute an agreement between voicelogic, Inc., and its subsidiaries, affiliates, agents, and/or licensors (“voicelogic”, “we” or “us”), and the end-user customer (“Customer”, “you” or “user”) for voicelogic’s DigitalLine voice-over-internet protocol service (“DigitalLine”, "VoIP” or “VoIP Service”).
voicelogic’s DigitalLine services are available only as an additional feature provided in connection with voicelogic’s telecommunications and facsimile services. Your use of voicelogic’s DigitalLine services are subject to voicelogic’s Terms of Service governing those services, available at here (the “General TOS”), as well as to the additional terms below. voicelogic’s DigitalLine service shall also be considered a voicelogic “Service” as that term is used in the General TOS.
1. GRANT OF RIGHTS
voicelogic hereby grants you a worldwide, non-exclusive, non-transferable, revocable license and right to install one VoIP line per device for each user. For clarification, while you are permitted to register multiple VoIP lines on one voicelogic Professional account, only one (1) user is permitted to use each VoIP line. If you want to allow multiple users to use VoIP, you will need to purchase a separate VoIP line for each user.
2. CHARGES AND PLAN CREDITS
Downgrade Fee. voicelogic offers several different plan options for DigitalLine service. You may change your DigitalLine service plan at any time; however, a one-time processing fee of $10 applies when “downgrading” an existing plan to one with fewer minutes and/or features. In addition, certain plans may entitle you to receive discounts on equipment used in connection with voicelogic’s DigitalLine services. If you receive any equipment discounts associated with a DigitalLine service plan and subsequently change that plan to one that does not feature those discounts, you agree to reimburse voicelogic for those discounts.
Equipment Returns. All equipment obtained from voicelogic in connection with DigitalLine services is subject to voicelogic’s cancellation and return. Please also be aware that if you purchased a voicelogic Office service plan and you cancel the voicelogic Office service plan prior to the end of your initial term, cancellation, termination or phone, hardware and other equipment fees may apply. You hereby authorize voicelogic to charge your credit card, and you hereby agree to be liable for all such fees, costs and charges in accordance with voicelogic’s cancellation and return policy.
Plan Credits. voicelogic offers a number of different service plans with monthly credits, as well as credits, bonus minutes, and other promotional incentives (collectively “Plan Credits”). Plan Credits may be used for DigitalLine calling; however, all credits are quoted for domestic DigitalLine usage. Rates for international calling may differ. All credits available for use with the DigitalLine have no monetary value. Plan Credits may only be redeemed by the holder of the Account to which the Plan Credits have been credited, and may not be sold, transferred, or assigned, or used by another user or with another user’s Account. Upon termination of your Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or pro-ration shall be made for any unused Plan Credits.
3. REASONABLE USE
Unusually high usage of the DigitalLine Service attributable to one or more individual accounts may impair voicelogic’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, as with all of voicelogic’s services, DigitalLine Service is subject to reasonable use restrictions described in the General TOS and herein. As with all voicelogic Services, reasonable use means that your use of the DigitalLine Service does not materially impair voicelogic’s ability to provide DigitalLine Services to other users. For “unlimited” RC Office Service plans, reasonable use means that, in addition to any other restrictions on your use of voicelogic’s Services set forth herein or in the Terms of Service, your use of the DigitalLine Service does not exceed 10,000 minutes per DigitalLine line per month. Except where prohibited by law, voicelogic reserves the right to immediately disconnect, suspend or modify your DigitalLine Service or bill you at our normal “per minute” rates for any excess minutes if your use of the DigitalLine Service violates (or it is determined by voicelogic that your use of the Service violates) this reasonable use policy. Further, it is not reasonable use for you to use an “unlimited” DigitalLine Services in a call-center, for chat-lines and similar type services or to connect to a PBX.
4. DIALING 911 AND REACHING EMERGENCY RESPONSE SERVICES
Availability and Limitations of 911 Service. You may use voicelogic’s DigitalLine VoIP Service to reach emergency response services by dialing 911. Because voicelogic DigitalLine VoIP 911 Service operates differently than traditional 911 service, there are circumstances under which 911 may not be available or may be in some way limited in comparison to traditional 911 service. Such circumstances include:
- Internet connection failure. If the connection to the Internet over which your voicelogic DigitalLine VoIP service is provided were interrupted, you would not have access to voicelogic DigitalLine VoIP service during that interruption and therefore would not have access to 911 service during that interruption.
- Relocation of your DigitalLine VoIP equipment. If you relocate your IP phone, ATA with traditional phone, or DigitalLine VoIP equipment (other than highly portable devices, which are discussed below) that you use to access your voicelogic DigitalLine VoIP service, you must update your Registered Location. Calls call you make using voicelogic DigitalLine VoIP will be routed to the national call center where a trained agent will assist you in reaching the proper PSAP. voicelogic will route all 911 calls to the National Emergency Call Center. Emergency personnel do not automatically receive your phone number or physical location when your 911 call is routed to the National Emergency Call Center and therefore, you must be prepared to provide your current location and phone number when you dial 911. You must not disconnect the call unless told to do so, and you should call back if the call is disconnected. Keep your service address up to date. voicelogic will attempt to provide the emergency operator with your service address, so please ensure that your information on file with us is always accurate and updated. If you do not do this (for example, if you are unable to speak during a 911 call), the emergency operator may assume that you are calling from the last registered address. Once you notify us of a change in your Registered Location, there may be a delay in making the new Registered Location available to properly route 911 calls and to advise national call centers of your Registered Location.
- Highly-portable devices and the National Emergency Call Center. Highly-portable devices are physical phone devices such as Wi-Fi phones or your voicelogic Softphone™ softphone. Highly-portable devices do NOT include VoIP services. Calls from highly-portable devices will be routed to the national call center where a trained agent will assist you in reaching the proper PSAP. voicelogic will route all 911 calls to the National Emergency Call Center. Emergency personnel do not automatically receive your phone number or physical location when your 911 call is routed to the National Emergency Call Center and therefore, you must be prepared to provide your current location and phone number when you dial 911. You must not disconnect the call unless told to do so, and you should call back if the call is disconnected.
- Loss of electrical power. Unless you have a backup system to power both your Internet connection and any device (PC with Softphone softphone, IP phone, ATA with traditional phone, or other device) that you use to access your voicelogic DigitalLine VoIP service, you will not have phone service or 911 service during any power outage. Because access to voicelogic DigitalLine VoIP service via any battery powered device such as a PC with Softphone softphone requires an Internet connection, 911 service will not be available unless you have a backup system to power your Internet connection even if your device can still operate using battery power.
Registration of Physical Location Required. You must register the physical location (“Registered Location”) where you will be using DigitalLine VoIP service for each DigitalLine VoIP phone line you purchase from voicelogic (e.g., if you purchase the RC Office Service Plan with four (4) DigitalLine VoIP lines, you must provide the Registered location for each DigitalLine VoIP line). voicelogic will obtain your Registered Location as part of the service initiation process, and will not provide service until you have provided your initial Registered Location. You must update your Registered Location when you use your DigitalLine VoIP service from a new location. Regardless of what address you register for a highly-portable device, emergency calls you make from these devices will be routed to the National Emergency Call Center.
If you do not update your Registered Location, 911 calls you make with your DigitalLine VoIP service will be routed based on your previously provided Registered Location and therefore may not be routed to the appropriate PSAP for your current location. In addition, because voicelogic will, where possible, automatically transmit your Registered Location to the PSAP, you must update your Registered Location to ensure that voicelogic transmits accurate location information to the PSAP. You may update your Registered Location by logging on to your online account or calling 1-800-574-5290. For purposes of 911 Dialing, you may only register one Registered Location at a time for each DigitalLine VoIP line.
You agree to provide true, accurate, current and complete Registered Location information to voicelogic as part of the service initiation process and to update as soon as possible your Registered Location with true, accurate, current and complete information whenever you use your DigitalLine VoIP service from a new location. If you provide Registered Location information that is, or that voicelogic suspects to be, false, inaccurate, not current, or incomplete, voicelogic has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. Ring Central will not, however, disable your ability to make a 911 call during any service suspension.
Notify All Users. You agree to inform all business colleagues, household residents, guests and other third persons who may be present at the physical location where you utilize DigitalLine VoIP service of the circumstances under which 911 may not be available or may be in some way limited in comparison to traditional 911 service. voicelogic will provide subscribers to its DigitalLine VoIP service with stickers warning that “VoIP 911 service is different than traditional telephone 911 services. Before dialling 9-1-1 make sure you know your address/location. 9-1-1 service will not be available if there is a power failure or service outage. For more details visit www.voicelogic.com” by including stickers with any DigitalLine VoIP equipment and/or by mailing stickers to subscribers upon service initiation. It is your responsibility to place these stickers on the equipment you use to access DigitalLine VoIP service. If you have not received a sticker, or you require additional 911 Stickers, please contact our customer care department at 1-800-574-5290.
Disclaimer of 911 Liability. voicelogic disclaims all responsibility for the conduct of PSAPs and all other third parties involved in the provision of emergency response services. voicelogic does not have any control over PSAPs and is therefore not responsible for whether they answer 911 calls made using DigitalLine VoIP service, how they answer these calls, or how they handle these calls. voicelogic relies on third parties to assist it in the provision of 911 service, and disclaims any and all liability for acts or omissions by third parties in the provision of voicelogic’s 911 service. Neither voicelogic nor its officers or employees may be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user of voicelogic’s 911 dialing capability.
Waiver of Claims. You waive all claims or causes of action arising from or relating to voicelogic’s provision of 911 service unless the claims or causes of action arise from voicelogic’s gross negligence, recklessness, or willful misconduct. You waive all claims and causes of action arising from or relating to the provision of 911 services by voicelogic’s third-party suppliers unless the claims or causes of action arise from the third-party supplier’s gross negligence, recklessness, or willful misconduct.
5. OPERATOR ASSISTED CALLING, 311, 511, AND OTHER X11 CALLING
DigitalLine service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). DigitalLine Service may not support 311, 511 and/or other x11 calling (other than certain specified dialing such as 911 and 711, which are provided for elsewhere in this TOS) in one or more (or all) service areas.
6. DIALING 711
DigitalLine service allows you to dial 711 to reach Telecommunications Relay Services (TRS). TRS enables persons with hearing or speech disabilities to access the public telephone system to communicate with voice telephone users through a communications assistant at a TRS relay center. Because voicelogic DigitalLine allows you to use a phone number that may not reflect your geographic location, 711 calls made using DigitalLine service may not be routed to the appropriate TRS center for your geographic location.
7. CONFIDENTIALITY AND PRIVACY
8. LINE-NUMBER PORTABILITY.
You may port your DigitalLine number in accordance with the Company’s line-number portability policy.
9. BREACH OF CTRC RULES.
Your use of the DigitalLine Service is subject to all rules and regulations promulgated by the Canadian Radio and Telephone Commission (CRTC). Except as otherwise prohibited by applicable law, if and as directed by the CRTC, voicelogic will terminate the DigitalLine Service on any customer that breaches the CRTC's rules on unsolicited telecommunications.
10. ADDITIONAL TERMS OF SERVICE.
11. ALTERNATIVE BILLING AND SERVICE FORMATS.
Upon request, voicelogic shall provide billing and services information in alternate format (normally via telephone / voice) to customers who are blind.
The parties confirm that it is their wish that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English. Les parties aux presentes confirment que c’est leur volonte que la presente convention de meme que tous les documents, y compris les avis, s’y rattachant, soient rediges en anglais.
You hereby confirm, accept and acknowledge that voicelogic does not support any of the following privacy safeguards with respect to its DigitalLine VoIP Service: delivery of a privacy indicator when invoked by an end-customer; provision of automated universal per-call blocking of calling line identification; provision of per line call blocking of qualified end customers; disallowance of Call Return to a blocked number; and the provision of universal call trace.
Copyright 2015 VOICE LOGIC, LLC. All rights reserved