Terms Of Service
CallMultiplier ("CallMultiplier") is providing users ("User") with access to its telephone messaging services and web site, (the "CallMultiplier Service"), subject to the terms and conditions of this User Agreement (the "Terms of Service"). Any new features, changes, updates or improvements of the CallMultiplier Service, and the availability of new CallMultiplier services, shall be subject to the terms of this User Agreement unless explicitly stated otherwise.
1. YOUR ACCEPTANCE OF THIS USER AGREEMENT
Please read the User Agreement carefully before using or registering for the CallMultiplier Service. By using or registering for the CallMultiplier Service, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use the CallMultiplier Service.
2. MODIFICATION OF TERMS
We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the CallMultiplier.com web site.
Unless explicitly stated otherwise, any new features that augment or enhance the current CallMultiplier Service, including the release of new CallMultiplier properties, shall be subject to the User Agreement. You understand and agree that the CallMultiplier Service is provided "AS-IS" and that CallMultiplier assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information.
You are responsible for reviewing these terms and conditions regularly. Your continued use of the CallMultiplier Service shall be deemed to be your conclusive acceptance of all modifications to the User Agreement.
By using or registering for the CallMultiplier Service you acknowledge that you have read and accept the CallMultiplier Privacy Statement. Before using or registering for the CallMultiplier Service, please carefully read the CallMultiplier Privacy Statement. A link to the CallMultiplier Privacy Statement is on the bottom of each page of CallMultiplier.com.
CallMultiplier PRIVACY STATEMENT
What personal information does CallMultiplier collect?
During our registration process prior to using the site, CallMultiplier requires that you supply your name, address, phone number and other identifying information. This information is used to establish your CallMultiplier account, and so that we may contact or identify you for support purposes.
During our ordering process, CallMultiplier requires that you provide us with a credit card number and other associated information. This information will be encrypted and stored so that we may process future orders and subscription renewals.
CallMultiplier will record your voice inputs (messages) in order to transmit them to the phone numbers you provide. CallMultiplier reserves the right to review these messages at any time and for any reason, particularly if we have reason to believe that messages are in violation of the CallMultiplier User Agreement.
CallMultiplier logs IP addresses for system administration and troubleshooting purposes. We do not use IP address logs to track your session or your behavior on our site.
CallMultiplier will use the email address you provide at registration as the primary method for communicating account-related information with you.
To prevent unauthorized access, maintain data accuracy and ensure the use of information, we have put in place appropriate physical and electronic procedures to protect the information we collect online.
Will my information be used for marketing purposes by CallMultiplier or any other company?
CallMultiplier does not currently have any relationships with any third parties that may want or require your personal information. Therefore, you will not receive marketing messages from any company other than CallMultiplier.
CallMultiplier may, from time to time, choose to send email to our users in the form of a newsletter or special offer. Should we decide to send an email to our users, it will be sent ONLY to account owners and individuals that have a login to the CallMultiplier website.
At the end of your broadcast messages, CallMultiplier may give call recipients the option to remove their phone number from your calling list.
4. REMOVE PHONE NUMBER
If members of your group do not wish to receive messages, they may visit our website and click Remove My Number on the home page of the web site. Alternatively, you may notify CallMultiplier of your request for the removal of a telephone number from a calling list by sending an email to Support@CallMultiplier.com or by writing to: CallMultiplier, 210 Robert S. Kerr Avenue, Suite 210, Oklahoma City, OK 73102. If no specific calling list is specified, the number will be blocked from receiving calls from any CallMultiplier user. Our Do Not Call list applies even if a calling list is uploaded to our system by a client and is not stored in our database.
5. REGISTRATION INFORMATION
You agree, as a condition of your use of the CallMultiplier Service, to provide CallMultiplier with accurate and complete information when registering for or using the CallMultiplier Service, and to update and maintain such information. CallMultiplier has the right to suspend, restrict or terminate your use of the CallMultiplier Service and to refuse any future use of all or portions of the CallMultiplier Service if CallMultiplier has reason to believe that you have failed to comply with these requirements.
6. MINIMUM AGE
If you are under the age of eighteen, you are prohibited from using or registering for the CallMultiplier Service. By using or registering for the CallMultiplier Service, you warrant to CallMultiplier that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the CallMultiplier Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the CallMultiplier Service is inappropriate for your child.
7. TELEPHONE CHARGES
a) Voice Broadcasting - Access to the CallMultiplier service is achieved by dialing a toll-free number within any of the contiguous forty-eight (48) states of the United States, Hawaii, Alaska and Canada. CallMultiplier is not responsible for any charges that you may incur from dialing outside of the United States or any other connection charges that you may incur when calling the CallMultiplier toll-free phone number, e.g., cellular, mobile or pay phones.
CallMultiplier delivers voice messages anywhere within the contiguous forty eight (48) states of the United States, Hawaii, Alaska and Canada. Messages CANNOT be delivered to Puerto Rico.
8. ACCOUNT SECURITY
When you are registered, you will establish a Username and a password. You are responsible for protecting the confidentiality of your Username, password and PIN, and you are fully responsible for all activities that occur under your Username.
You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify CallMultiplier of any loss, compromise or unauthorized use of your Username and PIN or any other breach of security. You may notify CallMultiplier by sending an email to Support@CallMultiplier.com or by writing to: CallMultiplier, 201 Robert S. Kerr Avenue Suite 210 Oklahoma City, OK 73102. CallMultiplier will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your Username and PIN.
9. CONSENT TO RECORD YOUR VOICE INPUTS
You agree and consent that CallMultiplier may record oral or voice communications, utterances, conversations or commands, made by you during the use of the CallMultiplier Service. By using the CallMultiplier Service, you expressly consent and grant to CallMultiplier the right to record and use these recordings. If you do not authorize CallMultiplier to make or use these recordings, you may not use the CallMultiplier Service.
CallMultiplier is under no obligation to monitor any recordings for accuracy, completeness or quality. User understands that recordings may or may not resemble that which User intends to record and that CallMultiplier is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the CallMultiplier Service.
10. RESTRICTION AND MODIFICATION OF SERVICE
You agree that CallMultiplier may limit your use of the CallMultiplier Service, including without limitation the frequency and duration for which you may access the CallMultiplier Service, and that CallMultiplier has no responsibility or liability for any unavailability or limitation on use of the CallMultiplier Service. In addition, CallMultiplier reserves the right at any time to limit: access to, modify, change or discontinue the CallMultiplier Service, or any part thereof, with or without notice. You agree that CallMultiplier shall not be liable to you or to any third party for any modification, suspension or discontinuance of the CallMultiplier Service. You acknowledge and agree that CallMultiplier may establish general practices and limits, which may not be published, concerning the use of the CallMultiplier Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the CallMultiplier Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that CallMultiplier has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the CallMultiplier Service. You acknowledge that CallMultiplier reserves the right to terminate any inactive or dormant account(s). You agree and CallMultiplier reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
11. YOUR CONDUCT
As a condition of your use of the CallMultiplier Service, you agree and warrant to CallMultiplier that you will not use the CallMultiplier Service for any purpose that is unlawful or prohibited by the User Agreement. You may not use the CallMultiplier Service in any manner that could damage, impair, disable or overburden the CallMultiplier Service, interfere in any way with CallMultiplier's rights, interfere in any way with any other user's use and enjoyment of the CallMultiplier Service, or otherwise infringe on any person's rights.
Specifically, you agree and warrant to CallMultiplier that:
- You will not use, or attempt to use, the CallMultiplier Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person's privacy or proprietary rights:
- You will follow the letter and spirit of the terms of the User Agreement and all applicable laws;
- You will not use, or attempt to use, the CallMultiplier Service in connection with any junk messages, spamming or messages that are duplicative or unsolicited in nature;
- You will not send, or attempt to send, messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call;
- You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
- You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CallMultiplier, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
- You will not resell, or attempt to resell, the use of the CallMultiplier Service without express, prior written consent/permission from CallMultiplier;
- You will not collect, or attempt to collect, or store information about the CallMultiplier Service or other users, including contact information, without their consent;
- You will not interfere, or attempt to interfere, with or disrupt connections to the CallMultiplier Service or violate the regulations, policies or procedures of such connections;
- You will not attempt to gain unauthorized access to the CallMultiplier Service, other accounts, computer systems or networks connected to the Service:
- You will not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password/PIN mining or any other means: and
- You agree and CallMultiplier retains the right, at its sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the User Agreement. CallMultiplier may immediately terminate User's CallMultiplier account if User's conduct is found to be inconsistent with this User Agreement.
12. NO SPAM AND CONSENT TO DAMAGES
CallMultiplier will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to CallMultiplier (and our customer base) in numerous ways including, but not limited to, damaging the CallMultiplier brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. CallMultiplier retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by CallMultiplier; then you agree to pay CallMultiplier liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your CallMultiplier account; otherwise, you agree to pay CallMultiplier's actual damages, to the extent such actual damages can be reasonably calculated by CallMultiplier.
13. COMPLIANCE WITH FEDERAL AND STATE REGULATIONS
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission's Telemarketing Sales Rule including the August 2008 Amendment at 16 CFR Part 310, and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the CallMultiplier Service will not cause CallMultiplier to violate these or other similar laws.
User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which CallMultiplier Services will be applicable. User understands and agrees that CallMultiplier will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the CallMultiplier Service.
14. NO RESPONSIBILITY FOR CONTENT
As part of the CallMultiplier Service, CallMultiplier may offer User access to communications, media and commerce services. CallMultiplier does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the CallMultiplier Service. You acknowledge that the CallMultiplier Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that CallMultiplier has no obligation to screen, preview, or monitor such Content. By using the CallMultiplier Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the CallMultiplier Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will CallMultiplier 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 sent, accessed, posted or otherwise transmitted via the CallMultiplier Service.
CallMultiplier may make identifiable information available to our employees and third parties with whom we contract. In addition, CallMultiplier may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that CallMultiplier may make such uses of information you provide or CallMultiplier collects.
While CallMultiplier is committed to protect your privacy, CallMultiplier does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that CallMultiplier may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of CallMultiplier, its users or the public. CallMultiplier does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.
As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that CallMultiplier, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.
16. SERVICE FEES AND CHARGES
The basic account fees ("Service Fees") shall be provided at the rates set out in the CallMultiplier pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. CallMultiplier may modify subscription Service Fees at renewal periods.
17. SUBSCRIPTION BILLING
Service Fees for subscription users of the CallMultiplier Service will be automatically charged on the first day of each month to the credit or debit card on file for User.
If for any reason payment is not effected through User's credit or debit card and payment becomes past due, CallMultiplier will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. User is responsible for any fees, including attorney and collection fees that CallMultiplier may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the User. Additionally, CallMultiplier reserves the right to immediately and without notice terminate the account of any User with a past due balance.
CallMultiplier reserves the right to change the billing process upon providing the Subscriber with 30 days notice in writing or via email.
Unlimited Usage on Subscription Accounts: You agree and CallMultiplier retains the right, at its sole discretion, to determine whether or not User is abusing the unlimited usage privilege on a subscription account. If CallMultiplier determines that an account is abusing the unlimited usage privilege, CallMultiplier may restrict or terminate that account. As a guideline only, a user that creates broadcasts that result in more calls per day than the maximum number of recipients in their subscription plan will be considered in abuse of the unlimited usage privilege. Abuse may be addressed by contacting the group leader to warn of excessive usage. CallMultiplier reserves the right to charge an additional 9 cents ($.09) per call for any excessive calls, as determined at the sole discretion of CallMultiplier.
18. FREE TRIALS
CallMultiplier may permit User to use the CallMultiplier Service on a free trial basis. During this time, User will not incur any charges or fees for use of the service. After the expiration of your free trial, you will have the option to purchase a CallMultiplier messaging package or subscription as described on the CallMultiplier web-site. CallMultiplier reserves the right to terminate the account of any free trial User at any time.
19. TERM AND TERMINATION
CallMultiplier Service subscriptions shall automatically renew on a monthly basis at the rate indicated on the pricing plans page of the CallMultiplier.com website. Users may discontinue their subscription at any time by logging in to the website and selecting "Cancel my Subscription", or by sending an email to Support@CallMultiplier.com. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Users that have no past due balance and have paid for the current month will be able to complete broadcasts on their cancelled account until their paid subscription ends.
CallMultiplier pay-per-message service plans will expire after three hundred sixty five (365) days of inactivity or upon exhaustion of the messages. Inactivity is defined to mean that User has neither purchased any additional Message Credits, nor initiated a new CallMultiplier campaign. CallMultiplier pay-per-message service plans are non-refundable.
CallMultiplier provides a 30-day, No Risk, Satisfaction Guarantee with all CallMultiplier services:
Under this guarantee, a new first-time customer will be provided the opportunity to cancel their service and receive a refund of their initial purchase.
To qualify for the refund a customer must adhere to the following:
1. The customer must submit in writing, by email or postal service, a notice of their intent to cancel their service with CallMultiplier as outlined below.
2. The notice must be delivered by email or postal service to CallMultiplier's offices no later than 30 days from the sign up date.
The sign up date is defined as the first day the customer signed up over the telephone with a
CallMultiplier representative or signed up through the CallMultiplier web page.
3. The notice of cancellation must include the following:
Customer first and last name, group number, email address, telephone number and address with the reason for cancelation.
4. Cancellations/Refunds cannot be processed over the phone; cancellations received via this method will be rejected without notice.
5. If the customer fails to notify CallMultiplier of their intention to cancel their service by the 30th day all monies received will be non-refundable.
The customer may cancel their service at any time after the grace period, but will not receive a refund.
20. SERVICE PROVIDERS
The CallMultiplier Service may provide User with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the CallMultiplier Service. CallMultiplier does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. CallMultiplier is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve CallMultiplier.
You agree that CallMultiplier is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.
21. LIABILITY DISCLAIMER
YOU AGREE THAT:
A. IF YOU USE THE CallMultiplier SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE CallMultiplier SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CallMultiplier EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR CallMultiplier MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.
B. CallMultiplier DOES NOT WARRANT THAT (i) THE CallMultiplier SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE CallMultiplier SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CallMultiplier SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CallMultiplier SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR CallMultiplier COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE CallMultiplier SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE CallMultiplier SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM CallMultiplier OR THROUGH OR FROM THE CallMultiplier SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT CallMultiplier SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CallMultiplier HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE CallMultiplier SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CallMultiplier SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE CallMultiplier SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE CallMultiplier SERVICE.
You agree to indemnify, defend and hold harmless CallMultiplier and its affiliates, its and their officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
24. PROPRIETARY RIGHTS
You acknowledge and agree that the CallMultiplier Service and any necessary software used in connection with the CallMultiplier Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the CallMultiplier Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the CallMultiplier Service, except as set forth herein. CallMultiplier, the CallMultiplier logo and other CallMultiplier logos, product and service names may be trademarks, service marks or other intellectual property of CallMultiplier (the "CallMultiplier Marks"). You agree not to display or use the CallMultiplier Marks in any manner without the prior, express written permission of CallMultiplier.
You agree that CallMultiplier may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the CallMultiplier.com web site or through the CallMultiplier Service.
26. ENTIRE AGREEMENT
The User Agreement governs your use of the CallMultiplier Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and CallMultiplier. They supersede any prior agreements between you and CallMultiplier. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights CallMultiplier possesses with respect to this User Agreement.
27. GOVERNING LAW AND ARBITRATION
The User Agreement and the relationship between you and CallMultiplier shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CallMultiplier Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with CallMultiplier exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Oklahoma City, Oklahoma. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.
Any failure by CallMultiplier to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.