Terms and Conditions
Last updated January 9th, 2017.
Welcome to the GoodCall.com website (the “Site”). The Site is owned and operated by GoodCall, LLC (the “Company,” “we,” “us,” or “our”), a Red Ventures company. Any person accessing or using the Site is referred to as “you.”
Acceptance of Terms
Personally-Identifiable Information: Personally-Identifiable Information (“PII”) refers to any information that can be used to identify a particular individual, including name, address, telephone number, e-mail address, financial account number, and government-issued identifiers.
General Use of the Site and Services
By using this Site, you affirm and agree that:
- You are at least 18 years old;
- Any information you provide will be accurate, current and complete; and
- You will only use the Site in a manner consistent with any and all applicable laws and regulations existing now or adopted at any later date.
Among other things, you agree that you will not:
- Except with our express prior written permission, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another webpage, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
- Damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
- Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
- Remove any copyright and other proprietary notices from the Site or any materials from the Site, including without limitation any individual pages printed from the Site;
- Obtain or attempt to obtain any materials or information through any means not made readily and generally accessible by the Company through the Site;
- Access or attempt to access password protected, secure or non-public areas of the Site;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on the Site; or
- Transfer the materials to another person or “mirror” the materials on any other server.
Except with the express prior written permission of the Company, you agree that you will not create links from any website or any webpage to any page within the Site; provided however upon prior written notice to the Company at email@example.com, you may create a link directly to the home page of the Site. The origin of any link to the Site home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Site. By creating a link to the Site, you represent and agree that: (a) you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Site from how it would appear if a user typed the URL in a typical browser line; (b) your site shall not display content or link to other websites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive; (c) you have duly registered your domain name and possess all rights necessary to use the same; and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Site. We reserve the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that we so request.
The Company has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the linked website. Use of any such linked web site is at the user’s own risk.
The Services may also be located on third-party websites or applications, via links, click-through advertising, or otherwise. Nothing contained in any of the Services is an offer or promise by the Company to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. The Company makes no representation or warranty with respect to any third-party products or services. Further, the Company neither adopts, endorses nor is responsible for the accuracy, completeness, sufficiency, veracity, timeliness or reliability of any third-party products or services or any information, communications, content, opinion, advice or statement concerning any third-party products or services. You are solely responsible for confirming the sufficiency and reliability of any third-party products and services and the accuracy of any information or statements concerning such products and services.
Certain interactive aspects of the Site and Services may be tools that provide information and customized information based on user-inputted data. These tools and any information generated by these tools are for general reference and informational purposes only, and are not intended to be definitive, comprehensive, or an offer of any kind. YOU HEREBY RELEASE THE COMPANY (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITY AND DAMAGES (DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR RELIANCE UPON SUCH TOOLS AND RESULTING INFORMATION.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third-party products or services, Content (as defined below), software or sites.
As part of the Services, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of electronic messages directly sent to you (“Push Messages”). If you decide to enable Push Messages, you agree to receipt of communications via the Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages about the Services). Please be aware that third-party messaging fees may occur relating to these Push Messages, depending on the message plan you have with your wireless carrier. You may be required to provide us with your phone number during the registration process in order to utilize a Service, and by providing your telephone number during a registration process you authorize us to send texts to your phone. Your use of the Services is also subject to your standard phone and/or internet fees for data, messaging and any other limits put in place by your carrier and you are responsible for any related fees.
To the extent you provide us with any piece of information as part of our security procedures (e.g., account user name and password), you agree that you will treat this information as confidential and not disclose your account password to anyone and that you will notify us immediately of any unauthorized use of your account. If you are aware of any unauthorized use of your account or if you have reason to believe that your account is no longer secure, you must promptly notify us. You are solely responsible for all activities occurring under your account, regardless of whether you know about them.
You are solely responsible for maintaining the confidentiality of any communications conducted through or in connection with the Site or the Services.
We will make reasonable efforts to keep the Site and Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site or Services, with or without notice, all without liability to you for any interruption, modification or discontinuation of the Site or Services or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade or update the Site or Services or to provide all or any specific content through the Site or Services.
Terms Applicable to Your Purchase of Products
Any products or services you may use or purchase as a result of your access to the Site or Services are the products or services of third parties, and not of the Company. Each such third party is solely responsible for any products or services it provides to you, including any warranties regarding those products or services. We do not warrant the offerings of any third party or the content of any third-party website to which you can link via the Site or Services. We do not assume any responsibility or liability for the actions, products or services, or content of any third party. We are not responsible for the acts or omissions of any third party or their failure to provide products or services, adhere to their own schedules or honor their contracts.
In the event that you have a dispute with any third party, you agree to address such dispute directly with the third party in question, and you release the Company (including our affiliated companies and our respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Returns of, or refunds in connection with, any product or service purchased or ordered must be handled directly between you and the applicable third party.
YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WE WILL NOT BE RESPONSIBLE FOR, AND YOU HEREBY RELEASE THE COMPANY (INCLUDING OUR AFFILIATED COMPANIES AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM, ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITY AND DAMAGES (DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PURCHASE OR USE OF ANY THIRD-PARTY PRODUCTS AND SERVICES AND YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS CONCERNING SUCH PRODUCTS AND SERVICES.
Content Contained in the Site
The Site and all of its contents, including without limitation all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Site (collectively, “Content”) is owned by the Company, its licensors, or other providers of such material with all rights reserved unless otherwise noted. You are strictly prohibited from downloading (other than page caching), modifying, or making any other use of the Site or Content, except with express prior written consent of the Company. You understand that all third-party Content posted on, transmitted through, or linked from the Site, is the sole responsibility of the third-party originator of such Content. The Site, including Content provided through the Site, is provided AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall the Company be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services. You acknowledge that the Company does not screen or approve third-party Content, and that the Company shall have the right (but not the obligation) in its sole discretion to refuse, modify, or delete any Content that is available via the Site, for any reason.
Content You Provide
The Site may provide you and others with the opportunity to submit, post, display, transmit, perform, publish, distribute, or broadcast content, materials and/or other information on or through the Site, including, without limitation, reviews, pictures, comments, and other content (collectively, “User Content”).
Any User Content will be considered non-confidential and non-proprietary and will not be returned. By providing the User Content, you grant us and our affiliates, service providers and marketing partners, and each of their and our respective licensees, successors and assigns an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, modify, distribute and otherwise disclose your User Content (or any portion thereof) in any format and to prepare derivative works of, or incorporate into other works, the User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting User Content to any public area of the Site, you grant the Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
You understand and acknowledge that you are responsible for any User Content, and that you have full responsibility for your User Content, including its legality, reliability, accuracy and appropriateness. The Company is not responsible, or liable to any third party, for the content or accuracy of any User Content provided by you or any other user of the Site.
You represent, warrant and agree that any User Content provided by you:
- Will not contain any inappropriate subject matters;
- Will not be misleading to others, including consumers;
- Will not be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Is not provided in violation of any law, rule or regulation or any contractual relationship;
- Is not provided in violation, or otherwise constitute the infringement, of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Will not contain any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Will not falsely represent your affiliation with any person or entity; and
- Will be true, accurate and complete information.
The Company has the right to:
- In the Company’s sole discretion, remove or refuse to display any User Content;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and
- That any claim or legal action you may have or pursue against the Company must be resolved by a court located in Mecklenburg County, North Carolina, except as otherwise agreed by the parties;
- To submit to the exclusive and personal jurisdiction of the courts located within Mecklenburg County, North Carolina, for the purpose of litigating all such claims or legal actions; and
- That you and the Company are each waiving the right to a trial by jury, and that you are waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE SITE, SERVICES AND/OR CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Without limiting the foregoing, we make no warranty: (a) that the Site or Services will meet your requirements, (b) that the Site or Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free, (c) that the Site or Services will operate without data loss whether due to an outage or a periodic update, (d) regarding any connection to or transmission from the internet, or any quality of Service due to user installed routers or firewalls, or (e) regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Site or Services.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GOODCALL NETWORK, THE SITE OR THE SERVICES, THE DELAY OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL OTHER USE OF THE SITE, IS RECEIVED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
No reproduction, distribution, or transmission of the copyrighted materials on the Site is permitted without the written permission of Goodcall, LLC. Any rights not expressly granted herein are reserved.
We respect the intellectual property rights of others. If you think any material on this Site or available via the Services infringes your copyright, please provide us the following information: (a) a description of the copyrighted work you claim has been infringed; (b) a description of the location on the site or within the Services where the allegedly infringing material is located; (c) your address, telephone number, and email address; (d) a statement by you of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you that the information you are providing to satisfy the above requirements (phrases (a) through (d)) is accurate and that, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner, along with an electronic or physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner. This notice should be sent by mail or email to the attention of the Copyright Agent at 1101 Red Ventures Drive, Fort Mill, SC 29707, or by visiting https://moving.goodcall.com.
You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
1101 Red Ventures Drive Fort Mill, SC 29707 Attn: GoodCall