Welcome to the CallBlitzer website. This document is a legal agreement that is binding on CallBlitzer and you once you start using the website. If you do not accept the terms then do not use the website.
Please note that these terms apply to the use of the CallBlitzer website. If you are (or will be) a paying customer then your account—and therefore your use of CallBlitzer Services—is governed by your order form and “Terms and Conditions” that can be found [here]. If there are any conflicts between this TOU and the Terms and Conditions governing your account and use of the CallBlitzer Services, then the Terms and Conditions shall govern with reference to your account and use of the CallBlitzer Services.
Defined terms are set forth in Section 13.
1. Use of the Site
You are authorized to use this Site only to obtain information, communicate with CallBlitzer representatives or, for customers who are using CallBlitzer Services through an account, then also to access the CallBlitzer Services only for uses permitted in the applicable Terms and Conditions.
This means that CallBlitzer does not give you the right to do thing such as copy, reproduce, republish, mirror or upload the Site, reverse engineer any of its content, any CallBlitzer Services or data derived therefrom and you cannot create derivative works from any part of the Site (including its content) or any CallBlitzer Services or distribute any of it or them to anywhere or anyone else.
If you obtain data from third parties by accessing the Site then your use of those data must be in compliance with all applicable laws and regulations.
CallBlitzer does not grant you any express or implied rights or licenses or any other intellectual property rights, except for the limited and revocable authorization granted in the first paragraph of this Section 1.
The Site and/or your account might not be accessible from time to time for any number of reasons, including maintenance or system problems. CallBlitzer will work to minimize such downtime but it makes no promises, representations or warranties.
2. Access from Outside of the United States
Some features or functionality might not be available if you are accessing the Site from outside of United States territory. CallBlitzer has no obligation to make such features and functionality available.
3. Your Information; CallBlitzer Information on the Site; Third Party Links
(b) CallBlitzer Information on the Site. CallBlitzer does not promise, warrant or represent that the information on the Site is accurate, complete or current. CallBlitzer assumes no responsibility (and expressly disclaims responsibility) for updating this Site. You can also find the explicit disclaimers and representations in Section 4 and 5 below. CallBlitzer might provide updates or it may add or delete features, functionality or entire services or products. CallBlitzer might not resolve any reported problems with the Site.
(c) Third Party Links. You might find links to other websites on this Site. CallBlitzer is not responsible for your use of those other websites. You are entirely responsible for whatever you do or do not do on those websites.
4. DISCLAIMER OF WARRANTIES
YOU ACCESS THIS SITE AND DISPLAY THE WEBPAGES AND THEIR CONTENT AT YOUR SOLE RISK. YOU ALSO USE THE SAFESOFT SERVICES AT YOUR OWN RISK. SAFESOFT PROVIDES THE SITE AND ALL CONTENT, SOFTWARE, PROGRAMS, FEATURES AND FUNCTIONALITY AND SERVICES “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER.
SAFESOFT, WITHOUT LIMITATION, MAKES NO WARRANTY OR GUARANTEE THAT YOUR ACCESS TO THE SITE, YOUR DISPLAY OF ANY PART OF THE SITE AND/OR THE USE OF THE SAFESOFT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR WILL BE IN COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, SAFESOFT EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS AND/OR LAWS AND REGULATIONS.
YOU UNDERSTAND AND AGREE THAT YOU OBTAIN MATERIALS, CONTENT, PRODUCTS, SOFTWARE, PRODUCTS OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SAFESOFT MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR EQUIPMENT TO ACCESS AND DISPLAY THE SITE WILL BE COMPATIBLE WITH THE SITE AND/OR SAFESOFT SERVICES.
5. LIMITATION OF SAFESOFT’S LIABILITY
IN NO EVENT WILL SAFESOFT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE, ITS USE OR ACCESS AND/OR ANYTHING OR ANYPLACE ACCESSED THROUGH THE SITE AND/OR THE USE OF SAFESOFT SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA OR DAMAGES OR PENALTIES ARISING FROM A VIOLATION OF LAWS OR REGULATIONS, EVEN IF SAFESOFT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
You agree to indemnify, hold harmless and defend CallBlitzer, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability (and including any governmental actions or governmental or other lawsuits), including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) your breach of the terms of this Agreement; (b) your unauthorized use of the Site, including any information, communication, data or work that you provide or obtain in connection through the Site; (c) libelous, slanderous, indecent or other statement concerning any person made or republished by you; (d) any violation of federal, state and/or local law related to, arising out of or connected with your use of the Site. CallBlitzer has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you pursuant to this Section. CallBlitzer agrees that it shall give you reasonable notice of any claim, threatened or made, or suit instituted against it that could result in a claim for indemnification. CallBlitzer agrees that in the event that indemnification is sought under this provision, CallBlitzer shall furnish you, upon request, all information and assistance available to CallBlitzer for defense against any such claim, suit, or demand, to the extent permitted by law or court action but taking into account any non-disclosure obligations CallBlitzer may have. Please note that this indemnification is in addition to any other indemnification obligations you may have with CallBlitzer.
7. Limiting Access to the Site
CallBlitzer has the right to suspend or terminate your access to the Site at any time and without notice if CallBlitzer believes that you have violated this Agreement or any other agreement you have with CallBlitzer (such as your service agreement if you are a paid subscriber), failed to pay in accordance with your payment obligations (if any) and/or if CallBlitzer believes that your access may result in injury to CallBlitzer or third parties or violation of law or regulations or an investigation by governmental authorities as to your use. CallBlitzer can also suspend or terminate access by free-trial users for any reason whatsoever at any time and without notice. If a governmental authority advises CallBlitzer that it believes that your access to the Site violates or will violate applicable laws and regulations and CallBlitzer incurs any costs or other expenses arising from its response to such advice, then you will reimburse CallBlitzer for all such costs and expenses, which includes attorney fees and expenses.
8. Changes to this Agreement
This is a binding agreement and so it cannot be changed without your consent. If you consent to those changes (see how that happens below), then the changes will affect only your use of the Site only after your acceptance of the changes.
CallBlitzer will provide notice of any changes to this Agreement either by posting a notice on the Site or by contacting you (or both). You consent to the changes in the same way that you consented to this Agreement—by using the Site. If you do not agree to the changes, then do not use the Site.
This is the entire agreement relating to the access to and display of the Site. This Agreement cannot be changed by any oral or written (including email) communications and/or documents unless such documents expressly state that this Agreement is being thusly changed. Use of the CallBlitzer Services by subscribers will continue to be governed by your services agreement, which this Agreement does not alter.
9. Governing Law, Remedies, Waiver
This Agreement is governed by the law of the State of California without taking into account its principles and case law relating to conflicts of laws. CallBlitzer and you consent to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles, California. You waive all claims to the defense of inconvenient venue and any related defense.
If a court determines that some terms of this Agreement are not enforceable, that will not affect other terms. They will still be enforceable.
CallBlitzer and you agree that other remedies might not be adequate and, accordingly, agree that CallBlitzer shall have rights in equity for injunctive and other equitable relief, in addition to any and all other remedies CallBlitzer may have under this or other agreements with you or at law.
CallBlitzer does not waive any of its rights or remedies because it does little or nothing when you do something that breaches, or may breach, this Agreement. It does not mean that you have no liability for that action (or inaction), that CallBlitzer cannot exercise whatever remedies it may have or that you can do it again.
10. No Assignment
CallBlitzer is granting certain rights to you, and accordingly you may not assign this Agreement or any of its rights or obligations without the prior written consent of CallBlitzer. Any attempted assignment without such prior written consent shall be void, and will be considered a material breach of this Agreement.
11. Contacting Us
You can contact us either by email at info@CallBlitzer.com or by phone at 888-456-5454
Sections 1, 3, 4, 5, 6, 9, 12, 13, and 14 survive any termination or expiration of this Agreement.
“CallBlitzer” means the company, CallBlitzer, Inc.
“CallBlitzer Services” means each service option that CallBlitzer provides to its customers (i.e., those with accounts) as governed by the Terms & Conditions, whether accessed through a Site or otherwise. This definition also includes and changes to any such services.
“Site” means the website linked to this TOU and on which CallBlitzer provides general information about the CallBlitzer Services and CallBlitzer itself.
“You” (whether in lower case or not) means the person who visits the Site and if the access to the Site is for business purposes by a legal entity then that business as well.
14. Compliance with Law
You agree that CallBlitzer is not and will not be responsible for your use of the Site and/or the CallBlitzer Services and other services. You hereby assume all liability and responsibility for use of the Site in compliance with any applicable federal, state or local laws (and including the laws of non-US jurisdictions in which your use of the CallBlitzer Services may result in jurisdiction over your actions).
You hereby assume responsibility for promptly reimbursing CallBlitzer for all costs and expenses of any kind, including reasonable attorneys’ fees, as they are incurred by CallBlitzer in connection with or related to any actual, alleged or threatened damages or other claims arising from alleged and/or actual violations by you of any applicable laws and/or regulations.