Terms of Use
WhoCalls.info Terms of Use This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, (“You”) the visitor or member of our site, hereinafter referred to as WhoCalls.info (WhoCalls.info, its directors, owners, and employees) the owner and operator of this site, (“We/Us/This Site/Site”). WhoCalls.info is owned and operated by Glyst LLC. As a condition precedent to you being able to use any of the service provided to you by This Site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this Site, or use any service that this Site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site immediately. Disclaimer of Warranties WhoCalls.info disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the website. ALL CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMMPLIED. YOU AGREE THAT YOUR USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL WhoCalls.info BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, EVEN IF WhoCalls.info HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.
All content, tools, functions and services provided via this Site are provided on an “as is” basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site. Data Storage We store various data elements on our server based on what you submit. All reasonable efforts are made to ensure the security of this data, but this data belongs exclusively to us. We are not responsible for any loss to data we store that you submitted. Limited License for Personal Use
Prohibited ContentYou may not engage in any conduct that is harmful to this Site, or our members or visitors or their computers.
Contribution of Content: Most of the content of this website is provided by and is the responsibility of the person or people who made those postings. WhoCalls.info does not monitor the content and takes no responsibility for such content. However, we reserve the right to delete any Content at any time without notifying the person from which such Content originated. By posting Content to any public area of WhoCalls.info you automatically grant, and you represent and warrant that you have the right to grant to WhoCalls.info an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing. You agree that you will not post Content that:
Neither WhoCalls.info nor any affiliated persons or entities is in a position to investigate, censor or otherwise ensure the accuracy of any comments, remarks or other information posted or generated by users of this Web site, and therefore is not responsible in any way for such Content provided by users or other third parties. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action. You agree that when you post comments regarding a phone number or other online submission or comments (though not via "contact-us" or "feedback" pages) will immediately become viewable to all users of the website and CANNOT EVER BE EDITED by you in the future once you submit them; if you choose to post any personally identifying information on any of your comments or submisions, you are providing your approval and agreement to display this personally identifying information to all website users. We reserve the right to edit, delete, move, modify any submissions that you make without any warning or notification however, we are not obligated to edit and/or monitor postings.
Automatic Viewing or Usage of this SiteYou may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site. FRCA Restrictions
WhoCalls.info is not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. You shall not use any of our information as a factor in (1) establishing an individual's eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals), or (3) any other personal business transaction with another individual (including, but not limited to, leasing an apartment). Under age 18
You may not access, or use this site if you are under the age of 18. Links to Third Party SitesWe may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites. Your Express Consent to the Interception and Disclosure of Wire, Oral, or Electronic Communications Through your use of our site, or should you use any of our tools or services, particularly any of our communication services or tools, you expressly indicate to us that you are giving your consent to intercept elements, of our selection and at our sole discretion, of your electronic communications for marketing purposes. It is not unlawful under Title 16, Part I, Chapter 119, § 2511of federal law for such interception to take place should you consent to the same and if such interception is not committed in a way that otherwise violates federal or state criminal or civil laws. It is a condition precedent for your usage of our site’s tools and services to give such express consent.
SubmissionsAll submissions sent to us via"contact-us" or "feedback pages", such as suggestions, comments, questions, and letters become the property of this Site. All elements of submissions that are non-personally identifying are non-confidential. We may publish all such submissions in any manner that we deem to be appropriate, including in all forms of media and publication and on our website. For example, if you write us a letter telling us how wonderful and useful our service is, we may reprint it, but we would first remove any personally identifying information, such as your name and address prior to such publication.
We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to indemnify and hold us (WhoCalls.info, and its directors, employees, and agents) harmless from any against any and all direct or indirect losses, claims, demands, expenses (including attorney fees) or liabilities of any nature or kind arising out of your use of WhoCalls.info or the information contained therein. You agree that you will never sue or cause this Site to be sued for any reason or any legal theory whatsoever. Should you file any lawsuit against us, you agree that damages will be limited to that precise amount of money that you have paid us for services rendered to you.
Content Issues We are not responsible for any content errors or omissions or that from any third parties or entities. We do not screen content provided by our Site Members or users or content submitters or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our Site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to any such content. You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Pennsylvania excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Philadelphia, PA before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section. Foreign UsageWe make no representation that the usage of this Site, or the
content provided herein, will not violate the laws of your local
jurisdiction. You are responsible for the laws of your jurisdiction,
especially if you are accessing this Site from outside the United
States of America (USA). Unless otherwise stated, the contents of this
site are published for the use and enjoyment of residents of the USA. This Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors. We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement. We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein. WhoCalls.info is not associated with the Federal Trade Comission (FTC) or any other government agency. Complaints and/or postings placed on this website are not sent to any government agency. Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances. Intellectual Property Notices All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations. Severability Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected. Termination of Usage User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason. Violation of Terms |
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