RESCUEVOICE WEB SITE TERMS AND CONDITIONS
Welcome to RescueVoice's Web site (the "Site"). The Site, as well as the websites of our affiliates and subsidiaries, is currently being provided free-of-charge to you. The terms "you," "your", and "yours" refer to the customer/purchaser utilizing our Site(s). The terms "RescueVoice," "we," "us," and "our" refer to RescueVoice. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them. Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Please review our Privacy Statement, which also governs your visit to the Site, to understand our practices.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, copy, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If a specific authorization is displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of RescueVoice.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Intellectual Property Infringement
RescueVoice is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site or items advertised on the Site. If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy that repeat infringers will have their access to the Site terminated. In order for us to investigate your claim of infringement, you must provide us with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Site;
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property. The above information should be provided to RescueVoice's agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
Jeffrey M. Grieff, Esq.
Stafford Frey Cooper PC
520 Pike St Suite 1440
Seattle WA 98101
Telephone: 206 467-6969
Facsimile: 206 467-6738
RescueVoice and other marks indicated on the Site are registered trademarks or registered service marks of RescueVoice in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of RescueVoice. RescueVoice's trademarks and trade dress may not be used in connection with any product or service that is not RescueVoice's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RescueVoice. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RescueVoice.
You may not download (other than page caching) or modify the Site or any portion of it, without our expressed written consent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our expressed written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RescueVoice or its affiliates without our expressed written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our expressed written consent.
Disclaimer of liability
All products and services purchased and provided by us are made pursuant to our Terms of Service contract and these Terms and Conditions, as amended from time to time.
We are not responsible for the content of any web sites that may be linked to or from our web site or any other web site associated with RescueVoice. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from RescueVoice, and RescueVoice has no control over the content of that other website. In addition, a link to any other web site does not imply that RescueVoice endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by RescueVoice of that third party or of any product or service provided by a third party.
Disclaimers and limitations of liability
The Site is provided on an "AS IS," "as available" basis. Neither RescueVoice nor its subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted secure or error-free. RescueVoice (1) relies solely upon the accuracy and timeliness of the personal information you provide to it; (2) relies upon third party telecommunication carriers, internet providers and technology service providers to provide and maintain RescueVoice's products and services; and (3) relies upon third party data storage facilities to store customer recorded data for access by users and does not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, we make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. RESCUEVOICE SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO SPECIFIC WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY RESCUEVOICE SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND THE PRODUCTS AND SERVICES PURCHASED FROM RESCUEVOICE IS AT YOUR SOLE RISK.
Under no circumstances shall RescueVoice be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, or RescueVoice's products and services, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to RescueVoiceï¿½s records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortuous action, even if an authorized representative of RescueVoice has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, products and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED PRODUCTS OR SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES.
We reserve the right to prohibit conduct, communication, or Content that RescueVoice deems in its sole discretion to be unlawful or harmful to you, RescueVoice, the communities that make up RescueVoice, or any rights of RescueVoice or any third party. Notwithstanding the foregoing, RescueVoice cannot ensure prompt removal of questionable Content after online posting. Accordingly, neither RescueVoice nor its subsidiaries, nor any of their officers, directors, employees, or agents, nor Associates assumes any liability for any action or inaction with respect to conduct, communication, or Content on RescueVoiceï¿½s Site.
Termination of usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, or RescueVoice. In addition, we reserve the right to refuse an order from any customer at our sole discretion.
Usage by children under 13
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under thirteen (13) to decide which materials are appropriate for such children to view and/or purchase.
By visiting the Site, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and RescueVoice or its affiliates and subsidiaries.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Seattle, Washington in accordance with our Terms of Service contract including the award of attorneys' fees and costs to the prevailing party, except that, to the extent you have in any manner violated or threatened to violate RescueVoice's intellectual property rights, RescueVoice may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, with exclusive jurisdiction and venue in Seattle, King County, Washington. The party or parties to such legal proceedings who substantially prevail shall be entitled to reimbursement of their attorneys' fees, costs, expenses and disbursements (including the fees and expenses of expert and fact witnesses) reasonably incurred or made by the substantially prevailing parties in preparing to bring suit, during suit, on appeal, on petition for review, and in enforcing any judgment or award, from the party or parties who do not substantially prevail. Arbitration under these Terms and Conditions shall be conducted in accordance with our Terms of Service contract. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Site policies, modification and severability