This Privacy Notice describes how we collect and use your personal information in relation to callrec websites, applications, products, services, events, and experiences that reference this Privacy Notice (together, “callrec Offerings”).
This Privacy Notice does not apply to the “content” processed, stored, or hosted by our customers using callrec Offerings in connection with an callrec account. This Privacy Notice also does not apply to any products, services, websites, or content that are offered by third parties or have their own privacy notice.
Personal Information We Collect
We collect your personal information in the course of providing callrec Offerings to you.
Here are the types of information we gather:
Information You Give Us: We collect any information you provide in relation to callrec Offerings. Click here to see examples of information you give us.
Automatic Information: We automatically collect certain types of information when you interact with callrec Offerings. Click here to see examples of information we collect automatically.
Information from Other Sources: We might collect information about you from other sources, including service providers, partners, and publicly available sources. Click here to see examples of information we collect from other sources.
How We Use Personal Information
We use your personal information to operate, provide, and improve callrec Offerings. Our purposes for using personal information include:
Provide callrec Offerings: We use your personal information to provide and deliver callrec Offerings and process transactions related to callrec Offerings, including registrations, subscriptions, purchases, and payments.
Measure, Support, and Improve callrec Offerings: We use your personal information to measure use of, analyze performance of, fix errors in, provide support for, improve, and develop callrec Offerings.
Recommendations and Personalization: We use your personal information to recommend callrec Offerings that might be of interest to you, identify your preferences, and personalize your experience with callrec Offerings.
Comply with Legal Obligations: In certain cases, we have a legal obligation to collect, use, or retain your personal information. For example, we collect bank account information from callrec Marketplace sellers for identity verification.
Communicate with You: We use your personal information to communicate with you in relation to callrec Offerings via different channels (e.g., by phone, email, chat) and to respond to your requests.
Marketing: We use your personal information to market and promote callrec Offerings. We might display interest-based ads for callrec Offerings. To learn more, please read our Interest-Based Ads notice.
Fraud and Abuse Prevention and Credit Risks: We use your personal information to prevent and detect fraud and abuse in order to protect the security of our customers, callrec, and others. We may also use scoring methods to assess and manage credit risks.
Purposes for Which We Seek Your Consent: We may also ask for your consent to use your personal information for a specific purpose that we communicate to you.
How We Share Personal Information
Information about our customers is an important part of our business and we are not in the business of selling our customers’ personal information to others. We share personal information only as described below and with callrec.com, Inc. and the subsidiaries that callrec.com, Inc. controls that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
- Transactions Involving Third Parties: We make available to you services, software, and content provided by third parties for use on or through callrec Offerings. You can tell when a third party is involved in your transactions, and we share information related to those transactions with that third party. For example, you can order services, software, and content from sellers using the callrec Marketplace and we provide those sellers information to facilitate your subscription, purchases, or support.
- Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include: delivering callrec hardware, sending communications, processing payments, assessing credit and compliance risks, analyzing data, providing marketing and sales assistance (including advertising and event management), conducting customer relationship management, and providing training. These third party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process that information in accordance with this Privacy Notice and as permitted by applicable data protection law.
- Business Transfers: As we continue to develop our business, we might sell or buy businesses or services. In such transactions, personal information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the individual consents otherwise). Also, in the unlikely event that callrec or substantially all of its assets are acquired, your information will of course be one of the transferred assets.
- Protection of Us and Others: We release account and other personal information when we believe release is appropriate to comply with the law, enforce or apply our terms and other agreements, or protect the rights, property, or security of callrec, our customers, or others. This includes exchanging information with other companies and organizations for fraud prevention and detection and credit risk reduction.
- At Your Option: Other than as set out above, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.
Location of Personal Information
callrec Web Services, Inc. is located in the United States, and our affiliated companies are located throughout the world. Depending on the scope of your interactions with callrec Offerings, your personal information may be stored in or accessed from multiple countries, including the United States. Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by applicable data protection lcallrec.
How We Secure Information
At callrec, security is our highest priority. We design our systems with your security and privacy in mind.
- We maintain a wide variety of compliance programs that validate our security controls. Click here to learn more about our compliance programs.
- We protect the security of your information during transmission to or from callrec websites, applications, products, or services by using encryption protocols and software.
- We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data.
- We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal information. Our security procedures mean that we may request proof of identity before we disclose personal information to you.
Internet Advertising and Third Parties
callrec Offerings may include third-party advertising and links to other websites and applications. Third party advertising partners may collect information about you when you interact with their content, advertising, or services. For more information about third-party advertising, including interest-based ads, please read our Interest-Based Ads notice.
Access and Choice
You can view, update, and delete certain information about your account and your interactions with callrec Offerings. Click here for a list of examples of information that you can access. If you cannot access or update your information yourself, you can always contact us for assistance.
You have choices about the collection and use of your personal information. Many callrec Offerings include settings that provide you with options as to how your information is being used. You can choose not to provide certain information, but then you might not be able to take advantage of certain callrec Offerings.
- Account Information: If you want to add, update, or delete information related to your account, please go to the callrec Management Console. When you update or delete any information, we usually keep a copy of the prior version for our records.
- Communications: If you do not want to receive promotional messages from us, please unsubscribe or adjust your communication preferences in the callrec Management Console or the callrec Email Preference Center. If you do not want to receive in-app notifications from us, please adjust your notification settings in the app or your device.
- Advertising: If you don’t want to see interest-based ads, please adjust your Advertising Preferences.
- Browser and Devices: The Help feature on most browsers and devices will tell you how to prevent your browser or device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Children’s Personal Information
We don’t provide callrec Offerings for purchase by children. If you’re under 18, you may use callrec Offerings only with the involvement of a parent or guardian.
Retention of Personal Information
We keep your personal information to enable your continued use of callrec Offerings, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as may be required by law (including for tax and accounting purposes), or as otherwise communicated to you. How long we retain specific personal information varies depending on the purpose for its use, and we will delete your personal information in accordance with applicable law.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
- These Terms govern your use of the interactive websites, mobile and connected applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, sweepstakes and contests (collectively, the “Services”) operated by CallRec, LLC, a subsidiary of CallRec, LLC (“CallRec” “CallRec” “we” “us” or “our”). Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to collectively as the “Agreement.”
- We reserve the right, in our discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon notice published on this page. Your use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by CallRec as permitted above. Please be sure to review the Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of the Agreement are no longer acceptable to you, you should immediately cease all use of the Services. It is your responsibility to refer to the Agreement upon accessing the Services.
- COPPA: The Services are directed to teenagers and adults and are not directed to children under the age of 13. You must be 13 years of age or older to use the Services. CallRec complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 13. By registering for any Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Services (“Member”). Creating a Member account if you are under the age of 13, under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Services, and such accounts will be deleted by Ziff Davis.CallRec
- As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, violates or infringes on the trademark or proprietary rights of a third party, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity.
- By using the Services, you agree to: (a) provide accurate and complete information about yourself as prompted by the registration form for a Service (“Registration Data”), (b) maintain and promptly update the Registration Data to keep it accurate and complete, and (c) maintain the security of your password. In the event you compose a profile upon registering for the Services (a “Member Profile”), such profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do by clicking here.
- Your Use of Content.
- You acknowledge that the Services contain information, software, articles, reviews, content, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, applications and software and other material (collectively, the “Content”) that are protected by copyright, trademark and/or other proprietary rights of CallRec or third parties. All Content on the Services is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Users of the Services may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members, and are not permitted to use the Services for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Services or users on the Services. Please refer to our Linking Policy for more information on linking and use of Content.
- Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services. Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
- You may post on the Services only content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to CallRec and its affiliates, successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense (the “License”), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including but not limited to any copyright or moral right).
- You may download, copy and make any personal, non-commercial use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
- To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to the Licensee (as defined above) a non-exclusive, worldwide, perpetual, royalty-free, fully transferrable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
- For questions regarding use of Content please email Brand_Licensing@ziffdavis.com.
- Rules of Conduct.
- CallRec has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Services, you may not:
- Use the Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- Post on the Services any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- Reformat or frame any portion of any web page that is part of the Services;
- Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Submit any Material that falsely implies sponsorship or endorsement of that Material by the Services, CallRec and/or any third party, falsify or delete any author attributions in any Material, or promote any information that you know is false or misleading;
- Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Services or otherwise attempt to interfere with the proper working of the Service or the use and enjoyment of the Services by other users;
- Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third party or that promotes or encourages illegal activity; or
- Harvest or collect email addresses or other contact information of other users by electronic or other means.
- The above is not a complete list of illegal and/or prohibited uses of the Services.
- Use of the Services is subject to existing laws and legal process. Nothing contained in the Agreement shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
- Managing Content.
- Despite our rights outlined herein, you shall remain solely responsible for all Material you post. CallRec has no obligation to pre-screen or monitor the Material you post, however CallRec reserves the right to edit or remove any Content or Material on the Services, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property or safety of CallRec, its users and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.
- CallRec has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, edit or remove any Material for any reason;
- Refuse, move, edit or remove any Content that is available on the Services;
- Deactivate or delete your account(s) and all related information and files in your account(s);
- Disclose your identity or other information about you to any third party who claims that Material posted by you violates their legal rights, including, but not limited to, their intellectual property rights or their rights of privacy or publicity;
- Disclose your identity or other information about you to law enforcement officials upon request if CallRec determines in its sole discretion that such disclosure is in the interest of protecting its users or the public;
- Establish general practices and limits concerning use of our sites and Services.
- You agree that CallRec will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services.
- CallRec MAY RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR LINKED FROM THE SERVICES.
- THIS MEANS CallRec MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
- CallRec does not represent or endorse the accuracy or reliability of any Content or other material posted on any interactive area or elsewhere on the Services and you acknowledge that any reliance upon such Content or other material shall be at your sole risk. Any Content or other material placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of CallRec.
- The Services may contain links to sites on the Internet which are owned and operated by third parties (the “External Site(s)”). You acknowledge that CallRec is not responsible for the availability of, or the content located on or through, any External Site. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
- Typically, we do not directly sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication and are subject to change. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
- Please note that we may allow certain manufacturers to license, use and/or reprint a CallRec trademark, logo, or a review in whole or in part, in its own marketing materials and advertisements in exchange for a license fee.
- You agree to indemnify, defend and hold CallRec and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “CallRec Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any CallRec Party in connection with:
- Your use of, or connection to, our Services;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The content, the quality, or the performance of Material that you submit;
- Your violation of the rights of any other person or entity.
- CallRec reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CallRec’ defense of such claim.
- Termination of Services.
- Copyright Policy.
- A notification of claimed infringement must include the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services (including any additional identifying information such as URLs and post numbers to assist us in identifying the allegedly infringing material);
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
- If materials you have posted on the Services have been removed due to alleged infringement of a third party’s intellectual property rights, CallRec will notify you. If you believe your materials have been wrongly removed, you may file a counter-notification containing the following:
- an electronic or physical signature of the person authorized to act on your behalf;
- a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
- a written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your address, telephone number, and email address; and
- a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
- Upon CallRec’ receipt of such counter-notice, CallRec will provide the complainant with your contact information so that you have the ability to resolve the issue. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options. If the matter has been resolved or the complainant does not seek a court order within the statutory time period, we generally will re-post the material.
- CallRec reserves the right to remove any materials or content alleged to be infringing without prior notice, at CallRec’ sole discretion, and without liability to you.
- In appropriate circumstances, CallRec will also terminate your account if you are determined to be a repeat infringer.
- Any person who knowingly misrepresents that material is infringing or that material was removed or disabled by mistake or misidentification may be subject to liability.
- Disclaimer of Warranties; Limitation of Liability.
- The Services and the Content are distributed on an “as is, as available” basis. None of CallRec, third party vendors or content providers or their respective agents makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Services, any Content or any products or services sold through the Services. Neither Ziff Davis nor any third party content provider warrants that any files available for downloading through the Services will be free of viruses or similar contamination or destructive features. Neither Ziff Davis nor any third party content provider warrants that any of the goods or services linked to or advertised in the Services comply with data protection or other relevant legislation and Ziff Davis accepts no liability whatsoever for any claim arising from such goods or services.CallRecCallRecCallRec
- You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you and CallRec cannot guarantee the continued availability of any particular component of the Services. You specifically acknowledge that Ziff Davis is not responsible or liable for any unauthorized access to or alteration of your materials, data or other transmissions entered into through the Services or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights.CallRec
- CallRec SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. ZIFF DAVIS, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ZIFF DAVIS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF ZIFF DAVIS SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST ZIFF DAVIS, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).CallRecCallRecCallRecCallRec
- IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF A SITE, YOU RELEASE CallRecFROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD ZIFF DAVIS HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.CallRec
- Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, punitive or exemplary damages, bodily or moral (reputational) damages, gross negligence, death or personal injury caused by negligence, personal injury or loss of or damage to property caused by defective products, fraud and/or fraudulent misrepresentation, or recklessness, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of CallRec, third party content providers and their respective agents shall be limited to the greatest extent permitted by applicable law.
- Member Disputes.
- You are solely responsible for your interactions with other Members of the Services. CallRec reserves the right, but has no obligation, to monitor disputes between you and other Members and to take action (e.g., account deletion or removal of content posted by a user) if CallRec determines that there has been a violation of the Agreement or if such action is otherwise necessary or desirable, in its sole discretion.
- International Use.
- We make no claims that any Material, Services or any Content is appropriate or may be downloaded outside of the United States or outside the country where such Material, Services or any Content was produced. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services or Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all local rules regarding user conduct on the Internet and acceptable content; and (ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.
- No Submission of Unsolicited Ideas.
- CallRec does not accept unsolicited ideas of any kind, including ideas for: advertising; promotions; new products, technologies, processes, or materials; marketing plans; or product names. Please do not send us any such ideas or materials relating to such ideas. This is to avoid any potential misunderstanding or dispute should our products or marketing strategies seem similar to unsolicited ideas submitted to us. If, despite this request, you do send us any unsolicited ideas or materials, we make no assurances that such ideas or materials will be treated as confidential or proprietary.
- Binding Arbitration and Waivers.
- Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before a single arbitrator. The arbitration shall be administered JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
- TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this Section entitled “Binding Arbitration” shall be null and void.
- YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
- Limitation Period for Claims.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- We may be required by international, state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. Subject to the arbitration provision above and for all purposes of this Agreement, this Agreement shall be construed in accordance with the laws of the State of New York, without reference to principles of choice of law. You and CallRec each irrevocably consent to the personal jurisdiction of the federal or state courts located in New York, New York, the Borough of Manhattan (the “Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
- This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
- New Jersey Residents.
- If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Sections 6 (insofar as any claims may arise from, or relate to, consumer protection or fraud and/or misrepresentation, or result in attorney’s fees), 9 and 14 do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence. Subject to the foregoing, CallRec, third party content providers, and their respective agents reserve all rights, defenses, and permissible limitations under New Jersey law. Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial in Section 13.