These Talk Options Terms of Use (the "Terms") set forth the legally binding terms governing your access to, and use of: (a) the website located at www.talkoptions.com, and any individual microsites, versions, or applications related to the forgoing website and, unless otherwise indicated, any other websites owned and/or operated by Talk Options (as defined herein) (collectively, the "Sites"); (b) the Mobile Services (as defined below); (c) the Widget (as defined below); and (d) the Content (as defined below, and together with the Sites, Widget and Mobile Services, the "Talk Options Offerings"). The Talk Options Offerings are owned and operated by Talk Options LLC (hereinafter referred to as "Talk Options," "we," "our" or "us"), and any materials on the Sites are owned by Talk Options or its affiliated companies, or licensed by Talk Options from third parties and posted on the Sites. These Terms explain our obligations to you, and your obligations to us in relation to the use of the Talk Options Offerings. By accessing and visiting any of the Sites you accept and agree to be bound by these Terms, the Talk Options Anti-Spam Policy, any applicable Additional Terms (as defined below), and our Privacy Policy (collectively, the "Agreement"). The Agreement applies to all persons who visit any of the Sites ("Visitors"), regardless of the Visitor's level of participation. In the Agreement, "you" and "your" refer to each Visitor and his or her agents (unless the context requires otherwise).
PLEASE READ THE AGREEMENT CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE TALK OPTIONS OFFERINGS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTES/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES THAT YOU MUST FOLLOW TO DO SO. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THE AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE TALK OPTIONS OFFERINGS IF YOU DO NOT AGREE TO THE AGREEMENT IN ITS ENTIRETY.
THE TALK OPTIONS OFFERINGS ARE ONLY AVAILABLE TO USERS IN THE CONTINENTAL UNITED STATES THAT ARE EIGHTEEN (18) YEARS OR OLDER, ARE NOT CONSIDERED MINORS IN THEIR RESPECTIVE STATE OF RESIDENCE AND CAN ENTER INTO LEGALLY BINDING CONTRACTS. If you do not meet all of the aforementioned requirements, you do not have permission to view or access any of the Talk Options Offerings.
We may at any time revise these Terms by updating these Terms. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, your continued use of any of the Talk Options Offerings constitutes your agreement to any modified Terms, and you should therefore visit the Terms to review the current Terms from time to time; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. Furthermore, unless explicitly stated otherwise, any new features or services that augment or enhance the Talk Options Offerings in the future shall be considered part of the Talk Options Offerings and subject to these Terms.
We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, any or all of the Talk Options Offerings (or any portion thereof), with or without notice to you, and you agree that Talk Options shall not be liable to you or to any third-party for any modification, suspension or discontinuance of any or all of the Talk Options Offerings, other than to refund any monies paid by you in advance for future services to be provided. Moreover, we may terminate these Terms or the entire Agreement for any or no reason, and with or without notice to you. Your rights under the Agreement will terminate automatically without notice from us if you fail to comply with any provision of the Agreement. Upon termination of these Terms, you shall cease all use of the Talk Options Offerings. Certain features of the Talk Options Offerings may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers (collectively, "Additional Terms"), which are hereby incorporated by reference into these Terms unless expressly set forth otherwise in such Additional Terms. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the specific feature. NOTE THAT THE AGREEMENT APPLIES ONLY TO THE SITES; OTHER WEBSITES PROVIDED BY TALK OPTIONS, OR PROVIDED BY ASSOCIATED FRANCHISES, ENTITIES AND AFFILIATED COMPANIES MAY HAVE SEPARATE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. The Talk Options Offerings are for your personal, non-commercial use. Any other use of the Talk Options Offerings requires the prior written consent of Talk Options.
The Sites contain information regarding Talk Options and its products, services and promotional programs, including advertising, Talk Options Trademarks (as defined below), pictures, information, digital images, featured articles, surveys, applications, contests and sweepstakes, and other content (collectively, "Content"), all of which is protected under copyright law and/or other federal and state laws. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. The Talk Options products and services described on the Sites contain uniquely American specifications and equipment and are offered only in the continental U.S.A. The promotional programs offered on the Sites are only available in the continental U.S.A. and may be limited to particular states as described by the terms of such programs.
You may opt-in to receive marketing materials from Talk Options, including news and special event information. If you opt-in you may be asked to provide your Personal Information (as defined below) to us so we can fulfill your request. It is completely voluntarily to opt-in to receive these materials. If you opt-in to receive information from Talk Options, you may be required to provide your personally identifiable information, such as your name, address, phone number or e-mail address ("Personal Information"). Further, if you register on any of the Sites, you may be asked to provide additional information. Please see our Privacy Policy for more information on how we protect your Personal Information.
If you opt-in to receive information from Talk Options, you agree to provide true, accurate and complete information about yourself as prompted by the online or mobile forms. You may also have the opportunity to register for an account on the Sites ("Account") to access and use certain features of the Talk Options Offerings, including certain applications offered by Talk Options and certain specially tailored products and services. If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Sites and/or to suspend or terminate your Account and/or access to the Talk Options Offerings. We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive critical information about Talk Options and/or the Talk Options Offerings.
Your selection and use of an Account user name and password, and any other information required for security access and authentication purposes, are subject to the Agreement. You agree not to share your user name, password, and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account complies fully with the Agreement. You acknowledge and agree that any use of your Account through your user name, password and security information shall be deemed to be your actions which we may rely upon, including any purchases made therethrough. You are solely responsible for protecting the confidentiality and security of your Account.
Talk Options or its affiliates own all right, title, and interest, and/or have a valid right to use and sublicense the Talk Options Offerings including, without limitation, all Content on the Sites, including, without limitation, all trademarks, service marks, logos, and trade names used on the Sites (collectively, "Trademarks"). Talk Options grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Talk Options Offerings including the, Sites, Content and Mobile Services (as defined below) for your limited commercial use, subject to your compliance with the Agreement, including, without limitation, the restrictions on your use of same. Talk Options may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.
As a condition to accessing and using the Talk Options Offerings in accordance with the license granted to you under the Agreement, you agree to comply with the following rules:
In addition, you agree to comply with all applicable laws, regulations and other legal requirements relating to your access to and use of the Talk Options Offerings. You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of the Agreement, including any unauthorized access to your Account. If you notify us or if we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.
If permitted, or if made available through any feature or service on any of the Sites, where you: (a) upload content to any of the Sites or download content from any of the Talk Options Offerings via a mobile device; (b) receive and reply to messages from or on any of the Talk Options Offerings, or to access or make posts using text messaging; (c) browse any of the Talk Options Offerings from your mobile device; and/or (d) access certain features of the Talk Options Offerings through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which Talk Options makes the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including text messaging charges for each text message that you send and receive on your mobile device, and all applicable data fees. Your use of certain of the Mobile Services may incur charges and be subject to other terms from Talk Options, which charges and other terms will be provided to you via separate terms and conditions for the applicable Mobile Services. Additionally, please check your wireless plan because your carrier's per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and wireless connections needed for you to use the Mobile Services, and you are solely responsible for any costs you incur to access the Mobile Services. You should keep in mind that the use of the Mobile Services to send content to another person via e-mail or SMS (Short Message Service, or "text messaging") may result in wireless charges to both the sender and the receiver.
Where Talk Options approves your application, you may be able to access and utilize the Talk Options client communications widget (the "Widget"). The Widget will be made available to approved users in the form of code that can be added to the approved users’ websites. The widget will enable clients of the user to contact that user, and for the user to respond in kind, via chat, telephone call, text message or e-mail (collectively, "Client Messages").
We endeavor to ensure that Client Messages are processed correctly and delivered by and through the Widget, however, Talk Options is not responsible for the final delivery of any Client Messages or other communications initiated by and through the Widget, as final delivery is out of our control and is the responsibility of the applicable telecommunications carrier.
The Widget attempts to facilitate transmission of Client Messages via major telecommunications companies and mobile network operators, and thus Talk Options’ influence over the timing of the transmission of Client Messages and broadcasts is within the technical constraints imposed upon Talk Options. While Talk Options uses commercially reasonable efforts to facilitate the transmission of your Client Messages and broadcasts to the applicable network for final delivery to and from your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your Client Messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages and other communications with a default lifetime and any Client Message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the applicable communications carrier without any notice. Talk Options is not liable for any loss
incurred by the failure of a Client Message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Talk Options for any such non-deliveries. Furthermore, you agree that all Client Message contents are deemed to have zero value.
You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur in connection with your account, including without limitation the content of the Client Messages and broadcasts transmitted by and through the Talk Options Offerings. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, e-mails and campaigns transmitted through the Talk Options Offerings by visiting the following websites:
Without limiting the foregoing, you represent and warrant that any and all Consumer Contacts contacted by you via text message by and through the Talk Options Offerings shall consist of individuals that have provided "prior express written consent" to receive text messages from you, within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (the "TCPA"), to the telephone number(s) provided by such individuals. You shall retain the records of each individual’s "prior express written consent" ("Consent Records") for a minimum of seven (7) years following creation of same, and shall provide such Consent Records to Talk Options within three (3) business days of receipt of a Talk Options request at any time. The Consent Records shall include, at a minimum, the consent language, the IP address of the source of the Consumer Contact data and the date and time stamp indicating the time that the Consumer Contact data was collected. You agree to fully indemnify and hold Talk Options harmless from and against any and all liability, claims, judgments, settlement amounts or other costs incurred by Talk Options (including attorneys’ fees and court costs) in connection with your failure, or suspected failure, to comply with the provisions set forth in this section. The TCPA, the Amended Telemarketing Sale Rule ("ATSR"), 16 CFR 310 et seq, the DNC list registry rules (http://www.donotcall.gov), the CAN-SPAM Act of 2003 and various state laws, rules and regulations place restrictions on certain types of text messages, telemarketing calls and e-mail messages. Talk Options is in no way attempting to interpret, or offer advice with respect to, any such laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your Client Messages, broadcasts and campaigns prior to using the Talk Options Offerings. You are ultimately responsible to make your own informed decisions regarding your Client Messages, broadcasts, and campaigns.
Other than the Content expressly made available to you by Talk Options for your use, you are solely responsible for obtaining any rights or licenses to any data, including any images or video files, for inclusion in any outbound Client Messages, and campaigns. If you are unfamiliar or unclear as to the legalities associated with any Client Message, broadcast or campaign, you must consult with a legal advisor or attorney prior to your use of the Talk Options Offerings.
You acknowledge and agree that the Talk Options Offerings are provided for professional use only, and you agree that your use of the Talk Options Offerings and your Client Messages shall not include, comprise or consist of:
You further agree that Talk Options is, under no circumstances, responsible for the contents and/or accuracy of your Client Messages and Talk Options will only facilitate their transmission on a good faith belief that you use the Talk Options Offerings in accordance with the Agreement. You will provide your own files for all outbound campaigns. Talk Options will not be liable for any misuse of the Talk Options Offerings by you. Talk Options is not responsible for the views or opinions contained in any of your Client Messages.
Without limiting the foregoing, you understand and agree that the Talk Options Offerings are comprised of a technology platform and associated services. Talk Options does not itself place telemarketing calls, distribute facsimiles, distribute email, distribute SMS text messages or otherwise send any form of consumer communication whatsoever. You are solely responsible for the preparation and distribution of all Client Messages to the Consumer Contacts. As such, you, and not Talk Options, are responsible for complying with all applicable law in connection with use of the Talk Options Offerings.
When you download any Content from any of the Sites including, without limitation, the Widget (a "Download"), you understand that it is owned by Talk Options, its affiliates and/or licensors, as applicable, and is protected by intellectual property laws. Talk Options hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) on your own computer and/or mobile device (and, in the case of the Widget, your website) that is compatible solely for your own subscription based commercial use. You acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the Download(s). No license is granted to you in the human readable code, known as the source code, of the content downloaded, and no rights are granted to you in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content of any Download(s). You may not depict any Downloads on any merchandise or products of any kind or otherwise use any Downloads for commercial purposes (other than as expressly permitted in connection with the Widget). You must provide all equipment and software necessary to connect to the Talk Options Offerings, including, but not limited to, a computer (with Internet access) that is in working order and suitable for use in connection with the Talk Options Offerings. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Talk Options' operations or the Talk Options Offerings. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE TALK OPTIONS OFFERINGS, INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, ANY OTHER EQUIPMENT, OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. YOU AGREE THAT THE TALK OPTIONS OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
The Talk Options Offerings may contain links to other websites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Applications, Software or Content"). Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by us, and Talk Options and any of its related entities are not responsible for any Third-Party Sites accessed through the Sites or any Third-Party Applications, Software or Content posted on, available through or installed from the Sites, including without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by us (or any of the other Talk Options related entities). If you decide to leave any of the Sites and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that, unless otherwise indicated, these Terms and any other Talk Options terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site and any Third-Party Applications, Software or Content to which you navigate from any of the Sites or relating to any applications you use or install from any of the Sites.
We may also make available or provide access to products, services, or applications of Third Parties. Such products, services, and applications shall be purchased and/or obtained directly from such Third-Party. NO TALK OPTIONS ENTITY SHALL BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS, SERVICES OR APPLICATIONS OF THIRD PARTIES. NO TALK OPTIONS ENTITY SHALL BE RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE OR MOBILE SITE LINKED TO THE SITES, AND THE FACT SUCH LINKS ARE PROVIDED ON THE SITES DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEBSITE OR MOBILE SITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEBSITE OR MOBILE SITE IS AT YOUR OWN RISK.
Any Visitor including a link to the Sites or any Content or other information on any Third-Party Site or in any Third-Party Applications, Software or Content must follow the Guidelines for External Sites set forth herein. If you would like to use Content or information or provide a link to any part of any of the Sites from any Third-Party Site or in any Third-Party Applications, Software or Content, you must read and agree to comply with the following guidelines and all applicable laws. External Third-Party Site Use of Talk Options Information Third-Party Sites must have prior written approval before using any text, trademarks, graphics, photographs, or other materials or content from any Talk Options source, such as any of the Sites, and other websites, brochures, or other media operated or provided by any Talk Options Entity.
Third-Party Sites and Third-Party Applications, Software or Content may use brand or model names in website text only to the extent reasonably necessary to identify Talk Options products. Any other use of any Talk Options or related entities Trademark is prohibited without prior written Talk Options approval. External Third-Party Site Naming Guidelines Third-Party Sites and Third-Party Applications, Software or Content may not use a brand, product name or other confusingly similar word or group of letters in a domain name that is similar to any Trademark of Talk Options and/or its affiliated companies) without prior written Talk Options approval.
No Misrepresentation: Third-Party Sites and Third-Party Applications, Software or Content: (a) must not in any way imply that Talk Options is endorsing it or its products or services; must not misrepresent its relationship with Talk Options; (b) must not present false information about Talk Options; (c) must not be a website that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and (d) must not be a website that contains content that could be construed as distasteful, offensive or controversial. Linking to any of the Sites, Third-Party Sites and Third-Party Applications, Software or Content may not use links to any part of any of the Sites in any way that implies sponsorship by or affiliation with Talk Options. Furthermore, when linking to any part of the Sites, the Third-Party Site and Third-Party Applications, Software or Content may not appear as a frame within the applicable page(s) of the Sites that provides the link or appear in any way that makes the destination site appear to be content belonging to the site containing the link. External Third-Party Site Disclaimer Any Third-Party Site and Third-Party Applications, Software or Content using Content, information from or linking to any part of the Sites must include a prominently displayed disclaimer on the homepage stating that such Third-Party Site is not authorized by or affiliated with Talk Options.
We respect the intellectual property of others, and we ask all Visitors to the Sites to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on any of the Sites, or otherwise by and through the Talk Options Offerings, in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact and provide our Copyright Agent with the following information:
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o Talk Options, 4300 Sharon Road, #505, Charlotte, NC 28211. By phone: 1-585-749-2015.
Communication to Talk Options with respect to any product or service complaint should be directed to the applicable Talk Option's Customer Satisfaction Department at: 1-585-749-2015, and not through the Sites. Please do not submit ideas or suggestions regarding current or future Talk Options products, promotions or advertising. For legal reasons, we do not accept such unsolicited ideas or suggestions.
You may forward information from any of the Sites to another individual person or business entity (a "Friend"). We may request that you submit information about your Friends, including, without limitation, e-mail addresses, social network user names, including, but not limited to, Facebook® and Twitter® user names, and their personal names so that they may receive the information you request to be sent to them. We will use and store any such information or Personal Information that we collect from you about a Friend only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Friend separately consents to the use for such other purpose. We reserve the right to limit the number of Friends you can submit or to limit the number of transmissions to any particular Friends from time to time. The contact information for a Friend must be valid and functioning in order for us to contact him, her or it with the information you have requested that we send to your Friend. We will not be responsible for validating your Friend's contact information. We may elect NOT to communicate with any e-mail address if it appears to be on any of our "do not contact" or "do not e-mail" lists, but are not required to make such an election. Moreover, we will not communicate with any Friend via text message unless your Friend opts-in to receive text messages from Talk Options. In addition, we reserve the right to reject any request you make to forward to a Friend or e-mail a Friend if: (a) the contact information provided by you is incorrect or not valid; or (b) we determine, in our sole discretion, that the participation of such individual might be harmful to us, the Talk Options Offerings or any third-party for any reason. We specifically disclaim any liability for exercising such right.
Facebook® is a registered trademark of Facebook, Inc. ("Facebook"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that Talk Options is not in any way affiliated with Facebook or Twitter, and the Talk Options Offerings are not endorsed, administered or sponsored by Facebook or Twitter.
You should review our Privacy Policy for an explanation of our collection and use of Personal Information, and our tracking and targeting of your actions on and/or through the Sites, before using the Sites, as you will be bound by the terms of such Privacy Policy, which is incorporated herein by reference.
You agree to defend, indemnify and hold harmless Talk Options and its parent, subsidiaries and affiliates, and their respective distributors, representatives, agents and advertising and promotions agencies, licensors and contractors, together with each of their respective employees, agents, directors, officers and shareholders (collectively, " Talk Options Entities," and each a "Talk Options Entity"), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of: (a) your use of the Talk Options Offerings in any way including, without limitation, the Widget; (b) your Client Messages, including the contents thereof; (c) any dispute between you and any recipient/sender of any Client Message; (d) your breach or alleged breach of the Agreement; or (e) any claim that you infringed upon, or violated, any patent, copyright, trademark, proprietary or other right of any third party.
You understand and agree that your use of the Talk Options Offerings is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of the Sites. The Talk Options Offerings are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Talk Options makes no warranties that the Talk Options Offerings or other material obtained through same will meet your requirements, or that the Sites will be uninterrupted, timely, secure, non-infringing or error-free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for access to or use of the Talk Options Offerings, including any Mobile Services. No advice or information, whether oral or written, obtained by you from us or through the Talk Options Offerings shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no liability or responsibility for any performance degradation, interruption or delays of any of the Talk Options Offerings, or errors or omissions in any Content or other materials on or through the Talk Options Offerings. We do not make any warranty or representation that your use of the material displayed on, or obtained through, the Talk Options Offerings is non-infringing of any rights of any third-party. Any decision or action taken by you on the basis of information or content provided by and through the Talk Options Offerings is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on the Sites.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY TALK OPTIONS ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF FIVE HUNDRED DOLLARS ($500). TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO TALK OPTIONS ENTITY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES. YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS EACH TALK OPTIONS ENTITY FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF ANY OF THE SITES.
All of the information made available by and through the Talk Options Offerings is for informational purposes only, and in no way constitutes an offer to enter into any transaction for a Talk Options product or service. The purchase of any Talk Options product or service shall be subject to the terms and conditions of the applicable sale or licensing contract. Any prices listed on any of the Sites for Talk Options products and services are in U.S. Dollars only and exclude tax, if applicable. The Talk Options Offerings shall not be used or relied upon by you as a substitute for information that is available to you directly from Talk Options.
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF, OR INABILITY TO USE, ANY OF THE TALK OPTIONS OFFERINGS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES THAT YOU MUST FOLLOW TO DO SO. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
Should a dispute arise concerning the Talk Options Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by sending a brief summary of your dispute to us at Talk Options, 4300 Sharon Road, #505, Charlotte, NC 28211. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Talk Options and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Talk Options incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Sites by calling Talk Options at 1-585-749-2015, or sending written notification to the following address: Talk Options, 4300 Sharon Road, #505, Charlotte, NC 28211.
If you have any questions, complaints or claims about any of the Sites, or if you are having any technical difficulties with any of the Sites, please call us at: 1-585-749-2015.
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