eVoice Partners LLC, d/b/a eVoiceAmerica.com owns and operates this website (hereafter, the "Site”). All references hereafter to the Site shall include eVoice Partners LLC, and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of eVoice Partners LLC.
Users of the Site should periodically check for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement on the Site, or by other means by which you obtain notice thereof, means you accept those changes.
Please e-mail any questions regarding this Agreement to legal@eVoiceAmerica.com.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE PRODUCTS OR SERVICES PROVIDED BY THE SITE.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
THE SITE RESERVES THE RIGHT TO REFUSE OR REVOKE SERVICE TO YOU OR ANY USER AT ANY TIME.
THE SITE SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO MONITOR THE CONTENT OF THE SITE AND USE THEREOF TO DETERMINE COMPLIANCE WITH THIS AGREEMNENT.
1. Intellectual Property. The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, patent and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by the Site or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of eVoiceAmerica.com and is protected by U.S. and international copyright, trademark, and patent laws. All software and programming used on the Site is the property of the Site and is protected by U.S. and international copyright and patent laws.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site ("Site Materials") subject to the following conditions:
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any Site Material or elements from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site's design, or the Site's logo or other "Trademarks" as defined below, without the express written permission of the Site, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any Site Materials on any other website or networked computer environment is prohibited.
2. User Submissions. Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Site by users ("Submitted Materials") are submitted with the express understanding that the Submitted Materials may be used without limitation by the Site or any of its affiliates, in whole or in part, for any purpose in perpetuity, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media, including but not limited to in connection with television and/or radio broadcasts affiliated with Site. You additionally agree that the Site is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submitted Materials, you are conferring to the Site a perpetual non-exclusive license to use the Submitted Materials for any and all purposes.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY MESSAGE BOARDS OR OTHER PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to eVoiceAmerica.com, “Sign On. Speak Out. Be Counted. Create Change.” (collectively, the "Trademarks"), displayed on the Site are the trademarks of the Site. All rights reserved. Nothing contained in the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. Any other trademarks appearing on the Site which are not the property of the Site are the property of the respective owners.
4. User Responsibilities. You agree that you will conduct yourself in a mature manner that lends itself to civil discourse, and that you shall use the Site for lawful purposes only. Further, you agree not to use any facilities or resources available on or through the Site to perpetrate prohibited conduct, whether against the Site, its owners individually, or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, unauthorized copying of Submitted Materials, Site Materials or Intellectual Property, pornography, unsolicited advertising, postings which are deemed excessive in number or deemed to be initiated to harm the business of the Site, or other communication that creates a nuisance or is otherwise offensive to the recipient or the Site's audience. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person's name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of eVoiceAmerica.com, submit any materials which contain advertising or any solicitation with respect to products or services, including any online information services competitive with the Site. The Site shall have the right, in its sole discretion, to edit or remove any material portion of Submitted Materials, which in its sole discretion, it finds to be in violation of the provisions of this Agreement or otherwise objectionable.
5. Subscriptions. Payment for the service or products provided to you at and/or through the Site may be made by automatic credit card or check debit and you hereby authorize the Site to transact such payments on your behalf.
You may elect to become a Basic, Gold, or Platinum Subscriber to the Site ("Subscriber") by purchasing a Subscription to the Site ("Subscription"). You hereby agree that the Site may immediately authorize your credit card (or other approved facility) in the amount equal to the then current Subscription rate ("Subscription Fee") for each period of Subscription (the "Subscription Period"). Subscription Fees are earned in full upon receipt and are non-refundable in the event of a termination request by you during that Subscription Period. By purchasing a Subscription, you also authorize the Site to charge the then prevailing Subscription Fee amount to your credit card (or other approved facility) again during each subsequent Subscription Period. If you decide to terminate your Subscription, you must do so by notifying the Site at firstname.lastname@example.org at least 7 days prior to the end of the then current Subscription Period. If you do not cancel your Subscription at least 7 days prior to the end of the then current Subscription Period, your Subscription shall continue until the end of the next Subscription Period following the receipt of the notice of termination. You will be charged the Subscription Fee for this final Subscription Period at the then current Subscription Fee. If you have a question about a transaction on your credit card statement, please email email@example.com to contact customer service.
As a Subscriber of the Site, you agree that your Subscription will be used exclusively by you, and may not be assigned or transferred to any other person or entity, nor may you provide any other person or entity access to your subscription, either directly or indirectly. You must keep your password strictly confidential. You agree to be personally liable for all charges you incur during or through the use of the Site. Your liability for such charges shall continue after termination of your Subscription for any reason as provided in Section 8 below.
In addition to the User Responsibilities set forth in paragraph 4 above and otherwise in this Agreement, as a Subscriber, you agree that you will not copy, reproduce, re-post, distribute or transmit any Submitted Materials submitted by any other Users or Subscribers for any purpose in any media. You agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. If you engage in prohibited conduct and/or if your behavior leads to complaints from other users, is deemed in the discretion of the employees, management or staff of the Site to be an inappropriate use of the Site, harassing or objectionable, or you provide any information that is untrue, inaccurate, not current or incomplete, or if the Site has reason to believe such information is untrue, inaccurate, not current or incomplete, the Site will cancel you as a user.
The Site has the right to suspend or terminate your account and any current and future Subscriptions or use of the Site, or the services the Site offers, without any further obligation to you or any third party, other than as provided in Section 8 below. In the event that your Subscription is terminated, the Site may block any future use by you of the Site or terminate any future Subscriptions if it is reasonably believed that you or someone else who shares your address (physical or virtual) is attempting to use the Site or obtain a new Subscription to which you may have access.
7. Limits on Liability. You agree that at no time during or after the term of this Agreement shall the Site be liable for:
The Site may include links to other internet sites, both related and unrelated to the Site. Additionally, other sites may link to the Site with or without the permission of the Site. Descriptions of or references to individuals, companies, products, services or publications not owned by the Site on the Site or any linked website do not imply any endorsement of such individuals, companies, products, or publications by the Site. The Site shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Site. Further, it is acknowledged and agreed that, any actions taken by the Site to improve the user experience of the Site, including removal of any Submitted Materials or occasional review of postings by individuals on the Site, shall not be deemed to constitute or create a duty by the Site to monitor the content thereof, nor shall it be deemed a basis for any liability by the Site in connection with Submitted Materials or otherwise without limitation.
8. Termination. In addition and without prejudice to any other legal or equitable remedies available to the Site, the Site may terminate your right to use the Site and/or any Subscription at any time and for any reason whatsoever. Subject to the "Survivability" provisions of Section 12 below, you may terminate this Agreement by closing your account with the Site, and terminating your Subscription by contacting firstname.lastname@example.org least 7 days prior to the end of the current Subscription Period.
9. Indemnification. You agree to indemnify and hold the Site, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of eVoice Partners LLC harmless from all claims, liabilities, losses, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of any part of the Site, Site Materials, or related services or any information posted by you on the Site; (b) your use of any Submitted Materials, products or services offered by third-parties through the Site, including without limitation any damage to any software or hardware as a result of any viruses; (c) your download and/or use of any of the software available for download through any part of the Site; (d) your alleged breach of this Agreement; or (e) the suspension or termination of your Subscription as provided in this Agreement.
10. Disclaimer of Warranties. The information, material, services, and products (including the products and services offered through the Site and provided by third parties) included on any part of the Site may include inaccuracies, typographical errors, and other problems.
ALL OF THE SITE MATERIALS, CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVOICEAMERICA.COM DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVOICEAMERICA.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, NEGILGENCE, OR FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EVOICEAMERICA.COM IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USERS OF EVOICEAMERICA.COM OR ANY CLAIM FOR VIOLATION OF PUBLICTY OR PRIVACY RIGHTS.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
11. Choice of Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of California. Any court of competent jurisdiction sitting within the Los Angeles, California, will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including attorneys' fees) resulting from any claim or dispute arising from this Agreement.
The Site makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. The Site does not market all of its products or services in all countries. Software from any part of the Site may be subject to U.S. and Canadian export controls.
12. Miscellaneous. This Agreement constitutes the entire Agreement between you and its affiliates, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement must be set forth in writing and acknowledged by an authorized representative of the Site. Sections 1 - 3 and 5 - 12 of this Agreement shall survive any termination of Subscription or use of the Site. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by the Site at any time.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Equal Opportunity Employer. The Site reserves the right to post information about employment opportunities with the company on any part of the Site. The Site is an equal opportunity employer, employing people without regard to race, sex, religion, nationality, age or disability.
14. The Site is owned and operated by eVoice Partners LLC, 5699 Kanan Road, #356, Agoura Hills, CA 91301. For further information about the Site, please click the "Contact Us" tab below. You may have this same information sent to you by e-mail or by sending a letter to eVoice Partners LLC, 5699 Kanan Road, #356, Agoura Hills, CA 91301, with your e-mail address and a request for this information.