Call Steward Subscription Agreement Terms of Service
PLEASE READ THE FOLLOWING LICENSE CAREFULLY BEFORE COMPLETING THE ELECTRONIC ORDER OR SUBSCRIBING TO THE ONLINE SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, HAVE UNDERSTOOD IT, AND AGREE TO BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PROCEED.
This Agreement sets forth the terms and conditions under which Call Steward agrees to provide, and you agree to use, Call Steward Software Services ("service" or "services"), including data encryption, transmission, access and storage.
License: As part of your choosing to subscribe to Call Steward , Call Steward grants you a fee-bearing, non-exclusive, non-transferable, world-wide license, solely for your own internal business purposes. Please visit the Call Steward website http://www.CallSteward.Com. for the latest price list and terms of payment. Under the subscription license, the service will be provided only for the intended duration (as agreed upon) and you shall be responsible to renew the subscription from time to time. Non-payment of the initial subscription fee or renewal fee will cause immediate termination with 10 days notice.
Restriction of use: In addition to all other terms and conditions of this Agreement, you shall not: (i) rent, lease, license, sub license, distribute, transfer or otherwise make available to any third party the service (ii) modify or make derivative works based on the service (iii) share the user licenses but may be reassigned to the new user (iv) send spam or unsolicited messages in violation of applicable laws (v) send or store material containing software viruses, worms, or other harmful computer codes, files, scripts or programs.
Right to Terminate/Modify Terms of Service: Call Steward may modify these Terms of Service upon notice to you at any time. Call Steward may provide notice to you of any such modification by electronic mail or by publishing the changes on its Web site. In the event Call Steward modifies these Terms of Service, you may terminate your use of the Service. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service. Call Steward may also terminate your use or right to use the Service at any time for any reason. Call Steward reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Call Steward shall not be liable to you or to any third party for any matter related to, arising out of, or caused by the modification, suspension or discontinuance of the Service for any reason.
Member Registration and Data: In consideration of your use of the Service, you agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Call Steward has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Call Steward has the right to terminate your subscription and refuse current or future use of the Service. Call Steward does not own any data, information or material that you submit to the Service in the course of using the service and not responsible or liable for the deletion, correction, damage, loss or failure of the data. Upon termination, Call Steward will make available to you a file of the data within 15 days from the date of termination.
Trademark: Call Steward, Call Steward logo, are trademarks of Call Steward. All rights are reserved to Call Steward. You agree not to display or use, in any manner, the Call Steward trademarks, without Call Steward' s prior permission.
Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. Call Steward EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Call Steward MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR THAT ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ADVENTNET, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Call Steward BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Call Steward HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Call Steward RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Indemnification: You agree to indemnify and hold harmless Call Steward, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party’s rights, in violation of any law, in violations of any terms of these Terms of Service, or other claim related to your use of the Service.
General: This Agreement shall be construed, interpreted and governed by the laws of the State of Maine exclusive of its conflicts of law provisions. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonable effect the intention of the parties. You shall not export the Licensed Software or your application containing the Licensed Software except in compliance with United States export regulations and applicable laws and regulations.