Welcome to MobileCaller.com's User Agreement. This Agreement describes the terms and conditions applicable to your use of all services ("Services") at MobileCaller.com web site ("Web Site"). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by MobileCaller.com from time to time.
This Agreement in addition to any other rules and policies, make up the complete and exclusive agreement between you and MobileCaller.com regarding your use of the Services, and supersede and govern all prior proposals, agreements, or other communications. We may amend this Agreement at any time by posting the amended terms on the Site. Unless otherwise stated, all amendments will be effective immediately upon posting on the Site. This Agreement may not be otherwise amended except in a writing signed by both parties.
Your use of the Web Site and Services shall constitute your acceptance of any amendments to this Agreement as well as additional rules or policies that are or may be published by MobileCaller.com, each with the new modifications. If you do not agree to any of such changes, you may request that your membership be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by MobileCaller.com.
1. Membership Eligibility.
Our Services are only available to individuals who can form legally binding contracts under applicable law. Our Services are not available to minors under the age of 18 under any circumstances. If you do not wish to use our Services, please do not use the Web Site. MobileCaller.com may refuse Services to anyone at anytime, at our sole discretion. To be an eligible member of MobileCaller.com you as the user must provide to MobileCaller.com with your legal first and last name, billing address, city, state, country, postal code, and e-mail address. Should you knowingly falsefy any of the required information, your account shall be terminated immediately with or without prior notice.
There are no fees to become a member of MobileCaller.com. It's a free signup to become a MobileCaller.com member. All registered users can utilize all of the great features My Account offers at no cost. Rates to Cell Phones are higher than advertised landline rates, due to different cell carriers. Application of surcharges and fees will have the effect of reducing total minutes actually received on the card from the minutes announced.
3. User Conduct.
You understand that all information, data, text, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not MobileCaller.com, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Services. MobileCaller.com does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MobileCaller.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including, but not limited to, an MobileCaller.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
"stalk" or otherwise harass another User; or
collect or store personal data about other users.
You agree to release, indemnify, defend and hold harmless MobileCaller.com, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of your use of or conduct on this Web Site or the service. MobileCaller.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
5. Remedies for Misuse of Your Account.
Without limiting any other remedies, MobileCaller.com may terminate or suspend your account and status as a Member if you misuse your account or any services.
6. Accuracy of Information Submitted to MobileCaller.com
You are solemly responsible for the truth and accuracy of all information you provide publicly or privately to us or other Users during the registration, or in any public message area, including but not limited to chat, discussion forms, and your e-mail. Your Information: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography or, if otherwise harmful to minors; (f) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly or indirectly to any other site; (h) shall not contain any item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
7. Ownership of Data.
You acknowledge and agree that MobileCaller.com owns all database information, collective and similar rights, title and interests worldwide and other proprietary information databases, and all information.
8. MobileCaller.com Intellectual Property.
No User shall receive any right, license or permission to use, manipulate, reproduce any of the MobileCaller.com trademarks, copyrights content, or other intellectual property rights without the prior written permission of MobileCaller.com.
9. Breach and Failure to Perform.
MobileCaller.com reserves the right to suspend, delete, terminate any current and future accounts by a user who violates any of the above terms and regulations of use of the Web Site. We reserve the right to perpetually suspend or terminate your use of our Web Site or your status as a member, if you breach this Agreement, or if we are unable to verify or authenticate any information you provide to us.
10. Representations and Warranties.
You represent that all information provided by you in connection with your use of the Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, MobileCaller.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MobileCaller.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
In the event that you have a dispute with a Buyer, Seller, or any other User, you hereby acknowledge and agree to release MobileCaller.com and its agents and employees from any claims, demands and damages (both actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Limitation of Liability.
YOU ACKKNOWLEDGE THAT SINCE WE, MobileCaller.com, ARE A RESELLER, WE ARE NOT LIABLE FOR ANY 3RD PARTY (CARRIERS & SUPPLIERS) CARD OBLIGATIONS DUE TO RATES, QUALITY, AND ALL OTHER INSTANCES. YOU ACKNOWLEDGE AND AGREE THAT MobileCaller.com WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MobileCaller.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MobileCaller.com's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services, including, but not limited to, your bidding on, listing, purchasing, of selling of a Registration.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois by a panel of one arbitrator, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or MobileCaller.com may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or MobileCaller.com, pending the completion of arbitration.
Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Illinois, as if the Agreement was a contract wholly entered into and wholly performed within the State of Illinois.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
The failure of MobileCaller.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by MobileCaller.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. MobileCaller.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of register.com as reflected in the original provision.
You acknowledge and agree that, to the extent necessary, it is your responsibility to: (a) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (b) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.