NUMBERCOP - TERMS OF SERVICE:
Welcome to NUMBERCOP LLC and our websites www.numbercop.com and www.numcop.com ("Site"). Please read the following Terms of Service carefully before using this Site or participating in any of the Site's forums or ordering or downloading any of our products, so that you are aware of your legal rights and obligations with respect to NUMBERCOP LLC and its affiliates and subsidiaries (individually and collectively, "NUMBERCOP").
By using the Site you signify your irrevocable acceptance of these Terms of Service. NUMBERCOP has the right to revise the Site's Terms of Service at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
Privacy
Your privacy is very important to us at NUMBERCOP. To better protect your rights we have provided the NUMBERCOP Privacy Policy to explain our privacy practices in detail.
Use of NUMBERCOP Software
NUMBERCOP software, sometimes referred to as (the "Software") and accompanying documentation that are made available by download from this Site are the copyrighted work of NUMBERCOP. Use of the Software is governed by the terms of the NUMBERCOP End User License Agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.
Warranties, Disclaimers and Limitation of Liability
The Site and all content and materials on it are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, NUMBERCOP disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose or the warranty of non infringement.
Without limiting the foregoing, NUMBERCOP does not represent or warrant that: (i) the Site will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in the Site will be corrected; (iii) the Site or the server that makes it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY. IN NO EVENT SHALL NUMBERCOP, ITS AFFILIATES, ITS LICENSORS OR THE NUMBERCOP STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY YOU; (ii) ANY LOSS OF DATA, INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) THAT MAY BE INCURRED BY YOU; AND (iii) ANY CLAIM, DAMAGE, OR LOSS WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) THE AVAILABILITY OF MERCHANTS' WEBSITES AND/OR ANY OTHER THIRD PARTY WEBSITES, (B) ANY RELIANCE PLACED BY YOU ON ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER CONTENT OR MATERIALS ON, OR AVAILABLE FROM, SUCH THIRD PARTY WEBSITES; OR (III) ANY OF YOUR TRANSACTIONS WITH MERCHANTS. THE LIMITATIONS ON NUMBERCOP'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT NUMBERCOP, ITS AFFILIATES OR THE NUMBERCOP STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF NUMBERCOP FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF NUMBERCOP, THE NUMBERCOP STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
Term of Service
These Terms of Service are effective until terminated by either you or NUMBERCOP as set out below. You may terminate your agreement with NUMBERCOP at any time by ceasing to use the Site and destroying the User Materials together with all copies thereof.
NUMBERCOP may terminate its agreement with you at any time if you have breached any term or condition of these Terms of Service. In such event, no notice shall be required by NUMBERCOP to effect such termination. Upon termination of these Terms of Service, you agree to cease using the Site and to destroy the User Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to NUMBERCOP at your expense.
Web Site
Third Party Sites
The Site includes hyperlinks to other websites and content and introduces you to various third party merchants ("Merchant(s)") whose products and services may be purchased on the Merchants' websites.
Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. NUMBERCOP has no control over such third party websites and the inclusion on the Site of a hyperlink to any third party website is not an endorsement by NUMBERCOP of such website, or to any content, products or services available on it.
You acknowledge and agree that: The product information and pricing that is shown on the Site regarding third party products and services is given to NUMBERCOP by the applicable Merchant. The Merchant has the ability to change their pricing or terminate their product availability at anytime.
NUMBERCOP is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Site. NUMBERCOP does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants' websites; (iii) the availability of the Merchant's websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants' websites, nor any listing or other content about such products and services displayed on the Site; (v) links to the Merchants' websites that are featured on the Site.
Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
Online Behavior
Please exercise respect when participating in any of NUMBERCOP's community features such as the NUMBERCOP Spam Report forum ("User Materials"). You may not submit or publish through NUMBERCOP any User Materials that is (i) is defamatory, libelous, obscene, indecent, abusive, racist, offensive, harmful to a minor or threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. Furthermore, you may not submit or publish User Materials through NUMBERCOP that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you upload or post User Materials, including but not limited to spam reports, number comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant NUMBERCOP a 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. Furthermore, by posting Content to any public area of the Service, You automatically grant NUMBERCOP all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
You acknowledge and agree that: (i) by using the Site you may be exposed to content that you may find offensive or indecent and you use the Site at your own risk; (ii) you are solely responsible for, and NUMBERCOP has no responsibility to you or any third party for any User Materials that you create, submit, post or publish on the Site; and (iii) NUMBERCOP is not responsible for any User Materials that you may have access to through your use of the Site, and all User Materials are the responsibility of the person from whom such User Materials originated.
You shall not copy, post or use text or any other content from any third party or source ("Third Party Content") without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
If NUMBERCOP receives any notification that any Third Party Content or any User Materials that you post or use are inappropriate, infringes any rights of any third party, or if NUMBERCOP wishes to remove any Third Party Content or User Materials posted by you for any reason whatsoever, NUMBERCOP reserves the right to automatically remove any such content for any reason immediately or within such other timescales as may be decided from time to time by NUMBERCOP in its sole discretion. The content shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that NUMBERCOP is under no obligation to put back such content at any time.
Submissions
Certain parts of the Site may ask for written suggestions or reports such as using our Spam Report form ("Submissions"). The Submissions shall be deemed the property of NUMBERCOP. NUMBERCOP shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to NUMBERCOP will not be treated as confidential and NUMBERCOP shall not be liable for any disclosure of the Submissions.
Accounts and Security
NUMBERCOP does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password ("Password") and user name ("User Name"). You shall provide NUMBERCOP with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account. Only chose a User Name that you have a right to use and don't include someone else's trade marks in your User Name. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that NUMBERCOP, in its sole discretion, deems inappropriate or offensive.
You shall notify NUMBERCOP of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at NUMBERCOP's sole discretion, and you may be reported to appropriate law-enforcement agencies.
Purchase Of Products
You may have the option to purchase Products over this Site using a credit card or other payment options by sending that information over the Internet. If you choose to purchase items through features on this Site, we may forward your information to third parties for services such as credit card processing and order fulfillment. All collected information is transmitted only via highly secure (HTTPS, SSL) encrypted data connections.
However, neither NUMBERCOP nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither NUMBERCOP LLC nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.
Jurisdictional Issues
This Site is controlled and operated by NUMBERCOP. NUMBERCOP makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnification
You agree to indemnify and hold NUMBERCOP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from and against all damages, liabilities, losses, costs and expenses arising from or relating to your use or misuse of the Software or the Services or the content you submit, post to or transmit through the Site, your connection to the Site, your violation of these Terms of Service or your violation of any rights of another person or entity.
Governing Law
By accessing this Site, you and NUMBERCOP agree that all matters relating to your access to, or use of, this Site is governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and the parties irrevocably consent to the personal and exclusive jurisdiction and venue of these courts.
Copyright
The Site is the personal property of NUMBERCOP LLC. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by NUMBERCOP or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
NUMBERCOP and their respective logos are trademarks of NUMBERCOP LLC. All other trademarks on the Service are the property of their respective holders.
Last revised April 29th, 2009.
NUMBERCOP - PRIVACY POLICY:
NUMBERCOP highly values our customer relationships and we want to make sure that you understand the details of how our products and services utilize the information you provide to us. NUMBERCOP has created this privacy statement in order to disclose our information gathering and dissemination practices for the websites www.numcop.com, www.numbercop.com and our services that interact with these websites. Upon reading this privacy statement, you will know:
- The personally identifiable information of yours or third party personally identifiable information that is collected from you.
- The organization collecting the information.
- How the information is used.
- With whom the information may be shared.
- The choices available to you regarding the collection, use and distribution of the information.
- The kind of security procedures that are in place to protect the loss, misuse or alteration of information under NUMBERCOP's control.
- How you can access and correct any inaccuracies in the information collected about you.
If you have questions regarding this statement or if you feel that NUMBERCOP has not complied with the policies outlined in this privacy statement please submit a report to service@numbercop.com.
NUMBERCOP PRIVACY STATEMENT
NUMBERCOP is the sole organization collecting information on this website and is the sole owner of such information. NUMBERCOP will only share your information with outside parties in ways that are described in this privacy statement or if we are required to do so by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, cooperate with law enforcement agencies, or comply with a legal process served on our website.
WHAT INFORMATION IS COLLECTED AND HOW IS IT USED?
PURCHASING OF SUBSCRIPTIONS
An online NUMBERCOP account is required to purchase NUMBERCOP services. Information that you provide when creating and editing NUMBERCOP accounts may include:
- Name and email address
- Location information - including zip code, postal code, and country
- Purchase and credit card billing information
NUMBERCOP may also collect and store your Internet (IP) address and the URL of the website that sent you to our registration page.
NUMBERCOP SPAM REPORT FORUM
Our website and service provides functionality to participate in NUMBERCOP's Spam Report forum. You may voluntarily login and provide your name, email address and other personally identifiable information. This information is not private and is available to all people who visit the forum. As with all public forums, NUMBERCOP community members should carefully consider personal information that is disclosed.
SALES AND SUPPORT REQUESTS
Our websites display dedicated email addresses to allow anyone to submit a request for information from the NUMBERCOP sales and support team. Through these channels NUMBERCOP may collect personal information such as name, email and phone number. This information will be used to follow up with you on your request. We will contact you once regarding our products and subsequent contacts will be based upon the outcome of the initial contact. No personally identifiable information collected in these forms will be sold or rented to outside organizations.
WEBSITE COOKIES AND WEBSITE LOGS
The NUMBERCOP website use cookies to recognize returning members and make the forum and site easier to navigate. Our website logs IP addresses and browser types for systems administration purposes. These logs will be analyzed to improve the value of the materials available on the website. A user's session will be tracked, but the user will be anonymous. We do not link IP addresses to any personally identifiable information.
MOBILE USAGE AND CALL LOGS
Our service requires frequent communications of NUMBERCOP's software on your portable communication device with our server databases and websites. Our service uses unique device identifiers to recognize returning devices, but similar to cookies, the user will be anonymous. While we track devices' activity including blocked call logs, no device specific information will be linked to any personally identifiable information.
ABOUT NUMBERCOP
We use email links located on the "About" page and other areas of the site to allow you to contact us directly with any questions or comments you may have. We read every message sent and try to reply promptly to each request. This information is used to respond directly to your questions or comments. We may also file your comments to improve the site and program, or review and discard the information. Your personal information is only shared with third parties with your explicit permission.
HOW TO ACCESS AND UPDATE YOUR PERSONAL INFORMATION
To access and update your account, login at www.numbercop.com and click on the "My Account" link at the upper right corner. You can change your mobile/cell phone number, PIN code and device information. To recover a forgotten user name (your email address) or password, please email us at service@numbercop.com .
SECURITY OF PERSONAL AND PAYMENT INFORMATION
You may have the option to purchase products over our websites using a credit card or other payment options by sending that information over the Internet. If you choose to purchase items through features on our websites, we may forward your information to third parties for services such as credit card processing and order fulfillment.
All collected information is transmitted only via highly secure (HTTPS, SSL) encrypted data connections. However, neither NUMBERCOP LLC nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment.
NUMBERCOP maintains the following controls to protect the security of information you provide us, including credit card and billing details collected during the purchase process:
- Use of secure connections to safeguard information when transmitted from your Web browser to NUMBERCOP and from NUMBERCOP to third parties
- Security controls to restrict access to databases housing personally identifying information
- Use of encryption for sensitive personal information, such as credit card numbers and user names
- Restricting employees with access to databases containing personal information
USE OF COOKIES
Like other major websites, we use cookies to provide you with a tailored experience in visiting our websites and using our products. We also use cookies to understand traffic patterns on NUMBERCOP websites. We treat any personal information that may be contained in cookies with the same level of confidentiality as other information you provide to us.
NUMBERCOP does not require that you accept cookies, however, some functionality on our websites, our product purchase check-out process, and products and services may be disabled if you decline to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.
NO ERROR FREE PERFORMANCE
We customarily release alpha and beta versions of our products, which are further refined before the release of the final version. Because these products are still in a test phase, we may not always catch an unintended privacy issue, despite our efforts to do so. As such, we welcome feedback on any privacy concerns you may have, and on how to improve our products generally, in all stages of release. NUMBERCOP does not guarantee error-free performance under this privacy policy. We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. NUMBERCOP shall not be liable for any incidental, consequential or punitive damages relating to this privacy policy. NUMBERCOP may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on NUMBERCOP; (b) protect and defend the rights or property of NUMBERCOP and its products, or (c) act in urgent circumstances to protect the personal safety of users of NUMBERCOP products or the public at large. This Privacy Policy shall be governed by the laws of the United States.
THIRD PARTY SERVICE PROVIDERS
NUMBERCOP contracts with a third party to assist us in managing certain functions on our website, such as for credit card processing, order fulfillment or sending out our newsletters. NUMBERCOP only provides third party service providers with the information necessary to carry out the service. Third party service providers are contractually prevented from using the information received from NUMBERCOP for any purpose other than those dictated by NUMBERCOP.
SECURITY
Protecting your privacy and your information is a top priority at NUMBERCOP. We have taken careful measures to prevent the loss, misuse, and alteration of your information. All NUMBERCOP employees are aware of our privacy and security policies. Your information is only accessible to those employees who need it in order to perform their jobs.
BUSINESS TRANSFERS
As NUMBERCOP continues to develop its business, we might sell or buy technology, subsidiaries, or business units. In such transactions, customer 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 customer consents otherwise). Also, in the unlikely event that NUMBERCOP, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
NOTIFICATION OF CHANGES
If we are going to use your personally identifiable information in a manner different from that stated at the time of collection through this website, we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already collected through our site, we will post a prominent notice on our website notifying users of the change.
PRIVACY POLICY COMPLIANCE
If you feel that NUMBERCOP has not complied with the policies outlined in this privacy statement please submit a report to service@numbercop.com. NUMBERCOP will review your report and respond to the complaint.
Last revised April 29th, 2009.
NUMBERCOP - END USER LICENSE AGREEMENT (EULA):
This NUMBERCOP Software License and Service Agreement (the "Agreement") is a legal agreement between you, either an individual or a single legal entity ("You"), and NUMBERCOP LLC ("NUMBERCOP") that governs your acquisition and use of the NUMBERCOP software and any accompanying documentation (the "Software") and access to, and use of the NUMBERCOP Services ("Services").
You must accept the terms of this Agreement (including the terms of NUMBERCOP's Privacy Policy) before downloading, installing, copying, or otherwise using the Software or accessing or using the Services. By clicking "ACCEPT" at the end of this Agreement, or by ticking the "ACCEPT" box, or by downloading, copying, or otherwise using the Software or Services, You are indicating that You have read and understood, and that You assent to be bound by, the terms of this Agreement. If You do not agree to the terms of the Agreement, You are not granted any rights whatsoever in the Software and must permanently delete all copies of the Software in your possession.
1. SOFTWARE AND SERVICES. The Software allows you to access and use the Services. NUMBERCOP or its service providers currently operate servers as part of the Services, with which the Software communicates as part of its ordinary operation. During the Term (as defined below), you may access the Services for the sole purpose of using the Software as described in the software documentation, and may not access the Services (or its associated database) with any other software, for any other purpose, or in any other manner. During the Term, you will be entitled to receive: (1) access to the Services; and (2) any Software upgrades that NUMBERCOP makes generally available to end users of the Software and Services.
2. LICENSE GRANT FOR SOFTWARE AND SERVICES. Subject to the terms of this Agreement, NUMBERCOP grants to You, during the Term, a personal, non-exclusive, non-transferable license, without the right to sublicense, to install and execute the Software and use the Services, in accordance with its accompanying documentation solely for personal and non-commercial purposes. Individual licenses for Paid Services shall cover up to one (1) personal communication device subject to full payment of any applicable software and service fees. NUMBERCOP may agree in writing (e.g. as may be indicated on a subscription registration form accepted by NUMBERCOP) to license the Software and Paid Services to you for use on more than one (1) personal communication device, subject to your payment of additional fees and applicable additional terms described in such writing.
3. RESTRICTIONS ON USE. Except as expressly permitted in Section 2 (License Grant) (if at all), You may not (a) copy, translate, modify, create derivative works of, or otherwise use the Software, Services or any parts thereof, (b) distribute, sell, assign, pledge, sublicense, lease, loan, use for service bureau purposes, rent, or otherwise transfer the Software, Services or any parts thereof in any form to another person, (c) remove from the Software or Services, or alter, any of the trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings, or add any other notices or markings to the Software, (d) use the Software or Services to tamper with, spoof, or attempt to obtain unauthorized access to NUMBERCOP's servers or databases; (e) use the Software or Services in violation of any applicable laws in the jurisdictions in which you use the Services or Software; (f) attempt to, in conjunction with any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Service; or (g) permit any other party to do any of the foregoing. NUMBERCOP does not grant to You any express or implied licenses or rights to any enabling technologies or systems that may be necessary to use the Software.
4. PARTICIPATION AND CONDUCT. NUMBERCOP's Software and Services provide You functionality to directly participate in Spam Report forums. You agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service. You agree to indemnify NUMBERCOP and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that You post. NUMBERCOP reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. Notwithstanding the foregoing, NUMBERCOP is not obligated to take any such actions, and will not be responsible or liable for content posted by You in any area within the Service.
5. PROPRIATRY RIGHTS. By posting Content to any public area of the Service, You automatically grant, and You represent and warrant that You have the right to grant, to NUMBERCOP 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. Furthermore, by posting Content to any public area of the Service, You automatically grant NUMBERCOP all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
6. OWNERSHIP. The Software is licensed, not sold, and You agree that the Software, the Services, and all intellectual property and proprietary rights therein are owned by NUMBERCOP. NUMBERCOP reserves title and all right and interests in and to the Software and Services not expressly granted to You in Section 2 (License Grant), including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses under this Agreement, and all rights not expressly granted are reserved by NUMBERCOP.
7. PAYMENTS. Following the expiration of a trial period that may be provided to you in the sole discretion of NUMBERCOP, if you subscribe to the Services, you agree to pay NUMBERCOP or its designated representative, the service charges for your use of the Software and Services, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. Payments are billed in advance at the beginning of the applicable renewal period. All payments are completely non-refundable. If you elect to pay with a credit card, you authorize NUMBERCOP to automatically bill the charge card you provide for Paid Services for each renewal period, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you terminate this Agreement; and you further agree to provide NUMBERCOP with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services.
You are responsible and liable for any fees, including attorney and collection fees, that NUMBERCOP may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances and credit card fees upon termination of this Agreement. You agree to notify NUMBERCOP about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to NUMBERCOP's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
8. USER/ACCOUNT INFORMATION. You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and agree to notify NUMBERCOP immediately of any unauthorized account use. NUMBERCOP is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
In addition, during the Term NUMBERCOP may collect certain non-personally identifiable information ("Other Data"). For example, the Software regularly communicates information on spam calls blocked back to the NUMBERCOP servers as part of the Service. In addition, for purposes of monitoring and improving the accuracy of the Service, NUMBERCOP collects aggregate statistical information on its Service including total spam calls blocked, spam messages received, total spam processed, total spam unblocked and total spam reported. NUMBERCOP does not transmit or communicate any personally identifiable information as a result of these processes. NUMBERCOP shall be the sole owner of all Other Data collected during the Term.
9. NO WARRANTIES. THE SOFTWARE AND SERVICES ARE PROVIDED AND LICENSED TO YOU "AS IS". YOU ASSUME THE ENTIRE RISK AS TO, AND ACKNOWLEDGE THAT YOU RELY SOLELY AT YOUR OWN RISK ON, RESULTS AND PERFORMANCE ARISING OUT OF THE USE OF THE SOFTWARE AND SERVICES. SHOULD THE SOFTWARE OR SERVICES PROVE TO HAVE DEFECTS IN ANY WAY, YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION ARISING IN CONNECTION WITH SUCH DEFECTS AND ALSO ASSUME THE RISK OF ANY LOSS RELATED TO YOUR RESPONSE TO ANY EMAIL OR SERVICES ADVERTISED IN ANY EMAIL RECEIVED FROM A THIRD PARTY.
NUMBERCOP DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND VERACITY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NUMBERCOP SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT THE SOFTWARE, SERVICES, NUMBERCOP'S EFFORTS, OR ANY SYSTEM WITH WHICH YOU WILL USE THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES OR WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF YOUR REQUIREMENTS, SOFTWARE, AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME THE RESPONSIBILITY FOR ANY USE OF OR RESPONSE TO ANY CALL OR MESSAGE YOU SEND OR RECEIVE. To the extent that a party may not as a matter of applicable law disclaim any implied warranty in the scope and duration of such warranty shall be the minimum permitted by law.
10. LIMITATION OF LIABILITY. NUMBERCOP SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, OR THE LIKE) ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICES (OR ANY INTELLECTUAL PROPERTY SUBSISTING THEREIN) OR YOUR RECEIPT, USE OF OR RESPONSE TO ANY EMAIL OR SERVICES ADVERTISED IN ANY EMAIL RECEIVED FROM A THIRD PARTY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NUMBERCOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NUMBERCOP'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, TO YOU OR TO ANY THIRD PARTY, EXCEED THE LESSER OF USD $10 OR THE AMOUNT YOU PAID FOR THE SOFTWARE AND SERVICES. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT A PARTY MAY NOT AS A MATTER OF APPLICABLE LAW LIMIT ITS LIABILITY, THE SCOPE AND DURATION OF SUCH LIABILITY SHALL BE THE MINIMUM PERMITTED BY LAW.
THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NUMBERCOP. NUMBERCOP WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATIONS.
11. INDEMNIFICATION. You agree to indemnify and hold NUMBERCOP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from and against all damages, liabilities, losses, costs and expenses arising from or relating to Your use or misuse of the Software or the Services or the content You submit, post to or transmit through the Site, Your connection to the Site, Your violation of this Agreement or Your violation of any rights of another person or entity.
12. TERM AND TERMINATION.
12.1. Term. Unless earlier terminated as specified in this Section 10, the term of this Agreement ("Term") will commence upon your clicking of the "Accept" button or ticking the "Accept" box and will continue for the period of time you are a subscriber to the Services, which means the time period for which: (a) You are in a trial period for the Software and Services; (b) You have paid all applicable fees for the Software and Paid Services to NUMBERCOP in full, or (c) NUMBERCOP has agreed in writing to provide the Software and Services to you subject to your payment of fees in accordance with a pre-determined payment schedule (e.g. as may be indicated on a subscription registration form accepted by NUMBERCOP). You may use the Software and Free Service until terminated by you or NUMBERCOP as provided for in this Agreement.
12.2. Termination by You. You may terminate this Agreement by canceling the Services as provided for in this section. You will not receive any refund or partial refund for any charges already billed to your account. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel the Services by terminating the subscription via your payment provider, or you may contact NUMBERCOP via email at service@numbercop.com ; in which case this Agreement is terminated upon written verification received by you from NUMBERCOP of such cancellation of Services. SERVICE AGREEMENTS WITH INITIAL TERMS OF ONE YEAR OR MORE WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE YEAR TERMS UNLESS NUMBERCOP RECEIVES WRITTEN NOTICE OF CANCELLATION AT LEAST 14 DAYS PRIOR TO THE EXPIRATION DATE. Service cancellation notices should be emailed to: service@numbercop.com . You understand and agree that termination of this Agreement is your sole right and remedy with respect to any dispute with NUMBERCOP. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or NUMBERCOP's enforcement or application of this Agreement; (2) any policy or practice of NUMBERCOP, including any NUMBERCOP Privacy Policy, or NUMBERCOP's enforcement or application of these policies; (3) your ability to access and/or use the Service; (4) any NUMBERCOP software or services provided by or through NUMBERCOP; or (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
12.3. Termination by NUMBERCOP. NUMBERCOP may immediately terminate this Agreement and without prior notice take appropriate technical measures to effect such termination in the following cases: (a) You fail to comply with the terms of this Agreement (including the payment of fees when due); or (b) your use of the Software gives rise to any legal action against NUMBERCOP or its officers, directors, employees or agents. Any termination by NUMBERCOP pursuant to this section will be exercised without limiting any other rights or remedies of NUMBERCOP. NUMBERCOP reserves the right to terminate the Agreement with respect to the Software and Free Service at any time without prior notice to You.
12.4. Additional Effects of Termination. Upon termination of this Agreement, the license granted in Section 2 (License Grant) will terminate, You must immediately destroy all copies of the Software in Your possession or control, and any and all outstanding fees will become immediately due and payable. Sections 3, 4, 5, 6, 9, 10, 11, 12.4 through 14 of this Agreement will survive termination.
13. EXPORT CONTROL. You agree and acknowledge that the Software is subject to U.S. export control law, and You will comply with all applicable laws and regulations in Your use of the Software under this Agreement, including without limitation all export laws and regulations of the U.S. Department of Commerce and all other U.S. agencies and authorities, including the Export Administration Regulations promulgated by the Bureau of Industry and Security (as codified in 15 C.F.R. Parts 730-774). Without limiting the foregoing, You expressly agree not to export or re-export the Software in violation of such laws or regulations, or without all required licenses and authorizations.
14. MODIFICATIONS OR AMENDMENT TO AGREEMENT (INCLUDING PRIVACY POLICY). NUMBERCOP may modify the terms of this Agreement, including but not limited to the price, content and nature of Services or terms to access the Software, by providing notice to you of such change. Thereafter, NUMBERCOP at its sole discretion may elect to provide you with a to a pro-rata refund of certain fees paid by you. No modification or amendment to this Agreement by you will be valid unless signed by NUMBERCOP.
15. MISCELLANEOUS. Nothing contained herein will be construed to create any agency, employment, partnership, principal-agent relationship, or other form of joint enterprise between the parties. No waiver of the Agreement will be valid unless signed by each party. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. The headings in this Agreement do not affect its interpretation. You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of NUMBERCOP. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning. NUMBERCOP may assign this Agreement without consent to any third party. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement will remain in full force and effect. Notices to NUMBERCOP must be emailed to service@numbercop.com , and will be deemed effective three (3) days after certified mailing; notices to You may be sent to the email address that you furnished prior to downloading the Software, and will be deemed effective upon arrival at your email server. This Agreement is governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and the parties irrevocably consent to the personal and exclusive jurisdiction and venue of these courts. This Agreement (including the Privacy Policy and the subscription registration form (if applicable and upon acceptance by NUMBERCOP) is the final, complete, and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written, including, without limitation, the terms of any purchase order or other document submitted by You.
The above agreement is the terms you accepted when you installed NUMBERCOP.
Last revised November 30th, 2009.