Terms of Service
SECTION A, TERMS AND LIABILITY:
A. NUXIBA TECHNOLOGIES INC. will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of NUXIBA TECHNOLOGIES INC.’s facilities or commencement of service.
B. IN NO EVENT WILL NUXIBA TECHNOLOGIES INC. BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT NUXIBA TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
C. NUXIBA TECHNOLOGIES INC. will be indemnified, defended, and held harmless by CUSTOMER against all claims of loss or damage arising from the use of service furnished by NUXIBA TECHNOLOGIES INC., including: (i). Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via NUXIBA TECHNOLOGIES INC. service; and (ii). All other allegations and claims arising out of any intentional act or omission by CUSTOMER or others authorized by CUSTOMER to use the service, in connection with any service provided by NUXIBA TECHNOLOGIES INC.
D. NUXIBA TECHNOLOGIES INC. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. NUXIBA TECHNOLOGIES INC. DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON NUXIBA TECHNOLOGIES INC.’S BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY NUXIBA TECHNOLOGIES INC..
E. NUXIBA TECHNOLOGIES INC. will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in NUXIBA TECHNOLOGIES INC. offerings made to CUSTOMER, or for damages associated with service, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with NUXIBA TECHNOLOGIES INC. services.
F: NUXIBA TECHNOLOGIES INC. may release my IP address and any other personal information for use by law enforcement in the case of investigations of system misuse.
G: I AGREE AND CONFIRM THAT THE NUMBERS SELECTED FOR UPLOAD FOR THIS CAMPAIGN HAVE BEEN SCRUBBED AGAINST ALL REQUIRED FEDERAL AND STATE DO-NOT-CALL LISTS, AND HEREBY ACCEPT FULL LIABILITY AND LEGAL RESPONSIBILITY FOR THE DIALING OF THESE NUMBERS.
SECTION B, RESPONSIBLE USE OF SERVICE:
The following information is provided in an effort to promote responsible use of the THE REMINDER service.
The REMINDER service places the ability to launch an entire telemarketing campaign in the hands of you the subscriber. NUXIBA TECHNOLOGIES respects your privacy. We will not monitor your audio messages, read or share database upload information with any third party without your expressed permission unless we believe in good faith that such action is necessary to either comply with the the law or properly enforce the THE REMINDER PRODUCT terms of service agreement. Since it is you the subscriber who creates the audio announcement, provides the calling list, and most importantly launches your own calling campaign, we here at NUXIBA TECHNOLOGIES, INC. feel it necessary to provide you the subscriber with the following information in an effort to insure that all REMINDER subscriber calling campaigns are conducted responsibly.
IN ACCEPTING THIS ONLINE AGREEMENT, YOU FORMALLY AGREE TO THE FOLLOWING USAGE
I Agree that:
a) Prior to using THE REMINDER PRODUCT I will make sure that I am familiar with any Federal or State Laws that would be applicable to my call campaign.
b) Campaigns created and called will be respectful of proper calling time restrictions that would be applicable to my specific call campaign.
c) I understand that I am responsible to upload any “do not call” list I wish, or other necessary existing do not call lists. In the event a recipient makes a request to be taken off my calling list, I will do so immediately and indefinitely.
d) I understand that allowing those on my calling list to be removed and avoiding calls to those who do not wish to be called plays a very important role with regard to responsible calling campaigns.
e) I will Follow Federal and State calling time rules and or restrictions.
f) I will clearly state the identity of the caller at the beginning of my audio message and provide proper contact information such as phone number and address during call.
g) I will avoid strings of numbers as it is unlawful to engage two or more lines of a multi-line business.
h) I understand that it is unlawful to send audio messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire or law enforcement agencies.
i) I will avoid sending unsolicited audio messages to those who will incur charges. For example: beepers, pagers or cell phones unless proper prior permission has been obtain by the recipient.
j) I will avoid sending pre-recorded sales messages to those with whom you do not have a business relationship and to whom you haven’t received permission to call.
k) I understand and have read the THE REMINDER PRODUCT Terms of Service (Reachable by clicking the “Terms of Service” link in the menu area.)
ANY BREACH OF THE PREVIOUS TERMS IS CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. NUXIBA TECHNOLOGIES INC SAVES (BUT DOES NOT OTHERWISE UTILIZE) ALL DATA FROM YOUR DIALING CAMPAIGNS. NUXIBA TECHNOLOGIES INC MAKES AVAILABLE ALL DIALING INFORMATION TO THE FCC, POLICE, AND ANY OTHER U.S. AUTHORITIES, INCLUDING, BUT NOT LIMITED TO, PHONE NUMBERS DIALED, PERSONAL CONTACT INFORMATION, SAN NUMBERS, AND CALL HISTORY.
The Telephone Consumer Protection Act (TCPA) http://www.fcc.gov, the Federal Trade Commission http://www.ftc.gov and the Federal Communications Commission http://www.fcc.gov do not call list registry rule http://www.donotcall.gov and various State laws place restrictions on certain types of phone calls. Typically a call may be exempt from the TCPA if the call:
* Is made on behalf of a non-profit organization.
* Is made to a consumer with whom the calling company has an existing business relationship.
* Business to business contact.
* Does not include an unsolicited advertisement, even if the call is made for commercial purpose.
* Is survey work.
THE REMINDER PRODUCT is in no way attempting to interpret the TCPA of 1991 nor the laws of any State. This information provided is not intended to replace the responsibility of you the subscriber to check out the legal requirements pertaining to your call campaign prior to using THE REMINDER PRODUCT services. You are ultimately responsible to make your own informed decisions regarding your call campaign.
** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS SITE and/or DO NOT UTILIZE THE SERVICE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW OR BY NOT SIGNING THE CONTRACT. IF YOU DO NOT INTEND ON USING THE REMINDER PRODUCT WITH THE “RESPONSIBLE USE OF SERVICE” TERMS DESCRIBED ABOVE, DO NOT UTILIZE SERVICES PROVIDED BY NUXIBA TECHNOLOGIES. THANK YOU. **
The undersigned represents and warrants to NUXIBA TECHNOLOGIES that he/she has read the Agreement above and that he/she is in agreement and has been duly authorized to sign this Agreement on behalf of his/her company / calling party.