ACCEPTANCE OF TERMS
- C2B Interactive, LLC (“123phonecalls.com“, “123phonecalls.com” or “we“), makes www.123phonecalls.com & our network of websites, which includes, but is not limited to, 123Chiropractors.com, (the “Site“), including all content, articles, information, text, files, software, graphics, music, photos, audio, video, messages, feedback, notes, suggestions, ideas, concepts, know-how, techniques, questions, comments, communications and other material displayed on or that can be downloaded from this Site (collectively, the “Materials“), and all services operated by 123phonecalls.com through the Site (the “123phonecalls.com Services“) available for your use subject to the Terms and Conditions of Use and the additional terms and conditions set forth in this agreement (the “Agreement” or “Service Providers Terms and Conditions“) and any changes to the Agreement that 123phonecalls.com may publish from time to time. These Service Providers Terms and Conditions are subject to change by 123phonecalls.com without prior notice at any time, effective upon posting on the Site, and your continued use of the Site and the 123phonecalls.com Services after such posting will constitute acceptance by you of such changes. To the extent of any conflict between the provisions of the Terms and Conditions of Use and these Service Providers Terms and Conditions, these Service Providers Terms and Conditions shall control.
DESCRIPTION OF SERVICES; DEFINITIONS
- Services. As part of the 123phonecalls.com Services, 123phonecalls.com will (i) create one or more free listing for you to be included on the Site, other web sites or offline media which is derived from your Service Provider Content (each, a “Listing“); (ii) include your Listing in search results provided to visitors of the Site who search for a chiropractor in your city, town or zip code (each, a “User“); (iii) promote the Site on the Internet using search engine marketing; and (iv) maintain a number of fully revocable, conspicuously featured listings for each town and city which will be highlighted prominently in the search results generated for each such town or city and which will be offered to eligible chiropractors for a fee (“Featured Listings“). (v) create one or more free website for you to be advertised across the internet and on other websites or offline media which is derived from your Service Provider Content (each, a “Website”).
- Content. “123phonecalls.com Content” means all Materials provided by 123phonecalls.com and included on the Site. “Service Provider Content” means all Materials provided by you to 123phonecalls.com and/or posted by you on the Site. You hereby acknowledge and agree that Service Provider Content shall not contain any contact information, including, but not limited to, phone numbers, URLs, or email addresses and no such contact information will allowed to be posted publicly anywhere on the Site and across the internet.MODIFICATIONS
- 123phonecalls.com reserves the right, in its sole discretion, to modify or discontinue, temporarily or permanently, any aspect of the 123phonecalls.com Services, the Site, and any Materials (or any part thereof) at any time with or without notice. This includes, but is not limited to, the right to revoke, edit, remove, rearrange, or change the placement of any Service Provider Content, Listing or Featured Listing on the Site. You agree that 123phonecalls.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, the 123phonecalls.com Services or any Materials.
TERM AND TERMINATION OF AGREEMENT
- Term: The initial term of this Agreement and your right to use the 123phonecalls.com Services shall be deemed to begin when you sign up for the 123phonecalls.com Services. This Agreement and your right to use the 123phonecalls.com Services shall automatically renew every thirty (30) days until canceled by you or 123phonecalls.com.
- Termination by You: You may terminate this Agreement and your right to use the 123phonecalls.com Services, at any time, with or without cause, by notifying 123phonecalls.com by e-mail to firstname.lastname@example.org indicating the reason for termination. 123phonecalls.com will process the request for termination within a reasonable time frame, not to exceed five (5) business days and notify you of receipt and completion of the termination. There will be no refund or prorating of fees because of a cancellation by you.
- Termination by 123phonecalls.com: 123phonecalls.com may terminate this Agreement and your right to use all or part of the 123phonecalls.com Services at any time, with or without cause and with or without prior notice. If and when you are notified of the termination of Service, and if the termination was without cause, 123phonecalls.com will refund the unused prorated portion of your monthly fee shortly after notification of the termination. If 123phonecalls.com terminates this Agreement for cause, you will not be entitled to a refund of any fees accrued through the date of such termination.
- Effect of Termination: Effective immediately upon termination (i) all of your Featured Listings and websites, if any, will be deleted; (ii) 123phonecalls.com may in its sole discretion, but is not required to, permit you to retain some of your information on the Site as a regular Listing; (iii) all the terms and conditions agreed to by you when signing or assenting to this Agreement shall survive and shall remain in full force and effect; and (iv) all of 123phonecalls.com’s obligations will end.
- Proprietary Rights. The Site contains the copyrighted material, trademarks, and other proprietary information of 123phonecalls.com. The Service Provider Content, 123phonecalls.com Content, 123phonecalls.com Services and all other Materials on the Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of Service Provider Content, 123phonecalls.com Content, 123phonecalls.com Services or any other Materials on this Site may violate such laws and these Service Providers Terms and Conditions. Except as expressly provided herein, 123phonecalls.com and its suppliers do not grant any express or implied rights to use the Service Provider Content, 123phonecalls.com Content, 123phonecalls.com Services and/or any other Materials on this Site. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, Service Provider Content, 123phonecalls.com Content, 123phonecalls.com Services, any other Materials on this Site or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
- Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Site or the 123phonecalls.com Services, but not directly by 123phonecalls.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 123phonecalls.com DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS OR OTHER INFORMATION ON THE SITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL 123phonecalls.com OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY THIRD PARTY.
- Accuracy. All information you include in your Listing, Featured Listing or Website must be accurate, current, complete and pertain to you. You will not provide inaccurate, misleading or false information to 123phonecalls.com or allow any such information to be published. If accurate information provided to 123phonecalls.com subsequently becomes inaccurate, misleading or false, you will promptly notify 123phonecalls.com of such change.
- Modification; Approval. The continued posting of your Listing, Featured Listing, Website, Service Provider Content and/or any portion thereof on the Site is subject to the ongoing approval of 123phonecalls.com, which may be revoked at any time in 123phonecalls.com’s sole discretion. 123phonecalls.com may, in its sole discretion, remove or modify any Listing, Featured Listing, Website, Service Provider Content and/or portion thereof from the Site for any reason, at any time and without notice, including without limitation, adding content to any Listing or Featured Listing at 123phonecalls.com sole discretion, provided, that such additional content does not contain any personally identifiable information and is otherwise publicly available content.
- Service Provider Content. By providing Service Provider Content to 123phonecalls.com, you automatically grant, and you represent and warrant that you have the right to grant, to 123phonecalls.com, its affiliates, licensees and successors, a royalty-free, irrevocable and non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display such Service Provider Content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate such Service Provider Content in other works in any form, media, or technology now known or later developed, for the full term of all copyrights, trademarks and other intellectual and proprietary rights that may exist in such Service Provider Content. You further represent and warrant that public posting and use of your Service Provider Content by 123phonecalls.com will not infringe or violate the rights of any third party. 123phonecalls.com has no obligation to retain Service Provider Content and you agree that 123phonecalls.com shall not be liable for any failure to store Service Provider Content.
MANAGING CONTENT AND COMMUNICATIONS
- 1.1.123phonecalls.com reserves the right, in its sole discretion, to delete or remove Service Provider Content from the Site and to restrict, suspend, or terminate your access to all or part of the Site, at any time without prior notice or liability. 123phonecalls.com may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Service Provider Content, and the substance of any Service Provider Content. To the maximum extent permitted by law, 123phonecalls.com will have no liability related to Service Provider Content. 123phonecalls.com disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Service Provider Content or the 123phonecalls.com Services.
- 1.1.The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of 123phonecalls.com or other third parties. You are not permitted to use the Marks without the prior written consent of 123phonecalls.com or such third party that may own the Marks.
- You may submit only Service Provider Content to the Site that is (a) owned by you, (b) submitted with the express written permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
SERVICE PROVIDER CONDUCT
- Your use of the Site, including but not limited to the Service Provider Content you provide to 123phonecalls.com, must be in accordance with any and all applicable laws and regulations, the Terms and Conditions of Use and these Service Providers Terms and Conditions. You may not engage in advertising to, or solicitation of, other Service Providers. It is a violation of the Service Providers Terms and Conditions to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Site or the 123phonecalls.com Services without their prior explicit consent. You may not sell, assign, lease, rent or grant any rights to a Listing, a Featured Listing, a website, 123phonecalls.com Services, 123phonecalls.com Content or any other Materials which are listed on the Site to anyone. Any attempted assignment or grant shall be null and void, and shall automatically terminate this Agreement and your right to use the 123phonecalls.com Services without further notice to you.
- In using the Site, including all 123phonecalls.com Services and Materials available through it, you agree: (i) not to disrupt or interfere with any patron’s or other user’s enjoyment of the Site or affiliated or linked web sites; (ii) not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; (iii) not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from 123phonecalls.com; (iv) not to access or attempt to access any Service Provider Content, 123phonecalls.com Content or Materials which you are not authorized to access; and (v) not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any 123phonecalls.com Services, 123phonecalls.com Content, Service Provider Content, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked web sites
- You hereby agree to maintain all applicable industry accreditations and all necessary federal, state and local government licenses required to operate as a listed Service Provider in the state(s) in which you are located and agree to maintain and operate as a listed Service Provider in accordance with generally accepted industry standards, and in accordance with all applicable laws, rules and regulations.
WARRANTIES AND DISCLAIMERS
- EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND 123PHONECALLS.COM OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS SITE, YOUR WEBSITE AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 123PHONECALLS.COM MAKES NO WARRANTY THAT (I) THE 123PHONECALLS.COM SERVICES AND THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE 123PHONECALLS.COM SERVICES AND THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM THE USE OF 123PHONECALLS.COM SERVICES AND THE SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY 123PHONECALLS.COM SERVICES AND THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS OR DEFECTS IN THE 123PHONECALLS.COM SERVICES AND THE SITE WILL BE CORRECTED.
- THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. 123PHONECALLS.COM MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND 123PHONECALLS.COM MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) 123PHONECALLS.COM DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (II) 123PHONECALLS.COM MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) 123PHONECALLS.COM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES. THE USE OF THE 123PHONECALLS.COM SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. 123PHONECALLS.COM ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY 123PHONECALLS.COM SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 123PHONECALLS.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE SERVICE PROVIDERS TERMS AND CONDITIONS.
- YOU SPECIFICALLY ACKNOWLEDGE THAT 123PHONECALLS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ITS USERS OR ANY OTHER THIRD PARTY, AND THAT THE RISK OF INJURY FROM SAID DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT RESTS ENTIRELY WITH YOU.
- EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL 123PHONECALLS.COM BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE OR THE 123PHONECALLS.COM SERVICES, EVEN IF 123PHONECALLS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MAXIMUM AGGREGATE LIABILITY OF 123PHONECALLS.COM AND ANY OF ITS EMPLOYEES, AGENTS OR REPRESENTATIVES TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO 123PHONECALLS.COM, IF ANY, FOR THE SERVICES DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE RESPECTIVE CLAIMS.
PERSONAL INFORMATION AND PRIVACY
- You agree not to disclose any personal information or data obtained through the 123phonecalls.com Services regarding any User (the “User Data”) to any third party for any reason whatsoever without the prior consent of the User, unless revealing such User Data is necessary to comply with any applicable laws, rules or regulations.
INDEMNITY AND LIABILITY
- You agree to indemnify and hold 123phonecalls.com, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) content you submit, post to, or transmit through the Site (including, without limitation, any Service Provider Content or computer viruses), (ii) your use of the Site, (iii) your connection to the Site, (iv) your violation of these Service Providers Terms and Conditions, (v) the actions of any employee, partner, representative or agent of yours, or (vi) your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
- All matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New Jersey, without regard to the conflicts of laws principles thereof. You and 123phonecalls.com also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of New Jersey with respect to such matters.
These Service Providers Terms and Conditions were last updated on November 15, 2011.