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Terms of Service
The terms and conditions of use set forth
herein (Terms and Conditions of Use) apply to
the entire group of internet web sites (Web Sites)
owned, operated, licensed, or controlled by Epazz, Inc. (Epazz).
PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER EPAZZ
WEB SITE.
By using this Web Site or any other Web Site
owned, operated, licensed, or controlled by Epazz ("Epazz
Web Site(s)"), you signify your assent to these terms
of use. If you do not agree to these terms of use, please
do not use the site. We reserve the right, at our discretion,
to change, modify, add, or remove portions of these terms
at any time. Please check these terms periodically for changes.
Your continued use of this site or any other rflonline.com
Web site following the posting of changes to these terms will
mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and written and
other materials that are part of any Epazz Web Site are copyrights,
trademarks, trade dress and/or other intellectual properties
owned, controlled or licensed by Epazz. No material from any
Epazz Web Site may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, except that
you may download one copy of the materials on any single computer
for your personal, non-commercial home use only, provided
you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the
materials for any other purpose is a violation of Epazz's
copyright and other proprietary rights. For purposes of these
terms, the use of any such material on any other web site
or networked computer environment is prohibited. All trademarks,
service marks, and trade names are proprietary to Epazz.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a discussion group, chat area, bulletin
board, or e-mail function offered as part of any Epazz Web
Site. You shall not upload to, distribute through, or otherwise
publish through a Forum on any Epazz Web Site any content
which is libelous, defamatory, obscene, pornographic, threatening,
invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable that would constitute or encourage
a criminal offense, violate the rights of any party, or that
would otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial
manner. You shall not, without our express approval, distribute
or otherwise publish any material containing any solicitation
of funds, promotion, advertising, or solicitation for goods
or services. You specifically acknowledge that soliciting
other guests of any Epazz Web Site to join or become members
of any commercial online service or other organization is
expressly prohibited.
It is our policy to respect the privacy of
all guests. Therefore, in addition to the privacy of registration
data, we will not monitor, edit, or disclose the contents
of a guest's e-mail unless required in the course of normal
maintenance of any Epazz Web Site and its systems or unless
required to do so by law or in the good-faith belief that
such action is necessary to: (1) comply with the law or comply
with legal process served on Epazz; (2) protect and defend
the rights or property of Epazz; or (3) act in an emergency
to protect the personal safety of our guests or the public.
Guests shall remain solely responsible for the content of
their messages.
By uploading materials to any Forum or submitting
any materials to us, you automatically grant (or warrant that
the owner of such rights has expressly granted) us a perpetual,
royalty-free, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate, create
derivative works from and distribute such materials or incorporate
such materials into any form, medium, or technology now known
or later developed throughout the universe. In addition, you
warrant that all so-called "moral rights" in those
materials have been waived.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in any Epazz Web
Site are presented solely for the purpose of promoting publications
and other products available in the United States, its territories,
possessions, and protectorates. The Epazz Web Sites are controlled
and operated by Epazz from its offices within the State of
Illinois, United States of America. Epazz makes no representation
that materials in any Epazz Web Site are appropriate or available
for use in other locations. Those who choose to access any
Epazz Web 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.
TERMINATION
These Terms and Conditions of Use are effective as of the
first date materials from any Epazz Web Site are accessed
(the Effective Date) and shall continue in effect
until terminated by either party. You may terminate these
terms at any time by destroying all materials obtained from
any Epazz Web Site(s) and all related documentation and all
copies and installations thereof, whether made under these
terms or otherwise. These terms will terminate immediately
without notice from Epazz if in Epazz's sole discretion you
fail to comply with any term or provision of these Terms and
Conditions of Use. Upon termination, you must destroy all
materials obtained from any Epazz Web Site(s) and all copies
thereof, whether made under the terms of these Terms and Conditions
of Use or otherwise.
DISCLAIMER
THE MATERIALS IN any Epazz Web Site ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, EPAZZ DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EPAZZ DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN any Epazz Web Site WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER
EPAZZ WEB SITE OR THE SERVER(S) THAT MAKES THE EPAZZ.COM WEB
SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EPAZZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN any
Epazz Web Site IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT EPAZZ) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL EPAZZ BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
MATERIALS IN ANY EPAZZ WEB SITE, EVEN IF EPAZZ OR AN EPAZZ
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL EPAZZ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS OR ANY OTHER
EPAZZ WEB SITE(S).
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that any Epazz Web Site(s) contain links to
outside services and resources, Epazz does not control the
availability and content of those outside services and resources.
Any concerns regarding any such service or resource, or any
link thereto, should be directed to the particular service
or resource.
OTHER
These Terms and Conditions of Use shall be governed by and
construed in accordance with the laws of the State of Illinois.
You agree that any action at law or in equity arising out
of or relating to these terms shall be filed only in the state
or federal courts located in Cook County and you hereby consent
and submit to the personal jurisdiction of such courts for
the purposes of litigating any such action. If any provision
of these Terms and Conditions of Use shall be unlawful, void,
or for any reason unenforceable, then that provision shall
be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating
to the subject matter herein and shall not be modified except
in writing, signed by both parties.
LAST UPDATED: 03/30/01
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