CallFerret.com Terms of Use and Service

Please read these terms and conditions of use before using this site. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.

Note: These terms of use also refer to account registration, forums and other features that are not yet enabled on the site.

1. User Acceptance and Consent to Terms and Conditions of Use.

Welcome to CallFerret.com (also referred to herein as "CallFerret", the "Site" and the "Service"). By using or registering for the services offered on the Site, users and the entities or persons they represent ("User" or "Users") agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the "Terms of Use"). CallFerret.com reserves the right to change these Terms of Use from time to time and at its sole discretion, so please check back periodically for changes. You can review the most current version of the Terms of Use at any time at: http://www.callferret.com/terms.html.

Your continued use of CallFerret.com following the posting of any changes to the Terms of Use constitutes acceptance of those changes. If you do not agree to these Terms of Use please do not use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by CallFerret.com and shall be of no force or effect. You represent that you have read and agree to be bound by these Terms of Use, including our Privacy Policy located at http://www.callferret.com/privacy.html, which you should review.

2. Registration; Member Account Creation and Security.

In consideration of your use of CallFerret, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (or comment/call/forum submission forms) (such information being the "Registration Data") and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CallFerret.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CallFerret.com has the right to suspend or terminate your account, delete any posted content and refuse any and all current or future use of CallFerret.

As part of the registration and account creation process necessary to obtain access to portions of CallFerret, you will select a subscriber identification ID and a password. You will provide CallFerret.com with certain registration information, all of which must be accurate and updated. You shall not

i. select a subscriber ID already used by another person;
use a subscriber ID in which another person has rights without such person's authorization; or
use a subscriber ID or password that CallFerret.com, in its sole discretion, deems offensive or inappropriate.

You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify CallFerret.com of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (2) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your CallFerret.com account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in CallFerret.com's sole discretion, and CallFerret.com may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to tosprivacy@callferret.com. You are responsible for all charges, if any, incurred up to the time the account is terminated. CallFerret.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of CallFerret is restricted to authorized users only. Unauthorized individuals attempting to access these areas of CallFerret may be subject to prosecution.

3. Privacy Policy.

Your Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy located at http://www.callferret.com/privacy.html.

4. Member Disputes.

You are solely responsible for your interactions with other CallFerret.com Members. CallFerret.com reserves the right, but has no obligation to monitor disputes between you and other Members.

5. Services.

License; Permitted Use.

You agree that you are only authorized, in accordance with, and pursuant to these Terms of Use, to visit, view and to retain a copy of pages of CallFerret for your own personal, noncommercial use, and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use CallFerret and its data for any purpose other than for personal use, unless otherwise specifically authorized by CallFerret.com to do so. As an express condition of your use of CallFerret, you warrant to CallFerret.com that you will not use CallFerret for any unlawful purpose or purpose prohibited by these Terms of Use. You acquire absolutely no rights or licenses in or to CallFerret and materials contained therein other than the limited right to utilize CallFerret in accordance with these Terms of Use. Should you choose to download content from CallFerret, you must do so in accordance with these Terms of Use. Such download is licensed to you by CallFerret.com ONLY for your own personal, noncommercial use in accordance with these Terms of Use and does not transfer any other rights to you. If you violated any part of these Terms of Use, your permission to use CallFerret automatically terminates and you must immediately destroy any copies you have made of any material obtained through CallFerret.

6. Rules Of User Conduct; User's Grant Of Limited License.

(a) Rules of User Conduct.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CallFerret.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via CallFerret. CallFerret.com does not control the Content posted via CallFerret and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using CallFerret, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will CallFerret.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via CallFerret. CALLFERRET.COM DOES NOT PROVIDE LEGAL OR FINANCIAL MANAGEMENT ADVICE, NOR ARE THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF THIS SITE ATTORNEYS OR FINANCE PROFESSIONALS. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CALLFERRET.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN CALLFERRET.COM, ARE ENGAGED IN RENDERING LEGAL, FINANCIAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. CALLFERRET.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:

is patently offensive to the online community, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise violates CallFerret.com's Terms of Use;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, "affiliate marketing", "link referral code", junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains hypertext links to commercial or non-commercial websites (Comment SPAM) irregardless of the usefulness or applicability of said external website's content;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
impersonates any person or entity, including any employee or representative of CallFerret.com or any person or entity or falsely states or otherwise misrepresent your affiliation with a person or entity;
harms minors in any way;
intentionally or unintentionally violates any applicable local, state, federal or international law;
"stalks" or otherwise harasses another;
collects or stores personal data about other users;
includes personal or identifying information about another person without that person's explicit consent;
disrupts the normal flow of dialogue with an excessive amount of Content (flooding attck) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
that employs misleading email addresses, forged headers, proxy servers (Tor, etc.) or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service and/or provide User access to the Service.

You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 13 years old or younger without appropriate prior verifiable parental consent. You further agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages of CallFerret or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of CallFerret. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from CallFerret without the prior expressed written permission of CallFerret.com. Although CallFerret.com cannot monitor the conduct of its Users off CallFerret, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without such User's prior explicit consent.

Per the United States Communications Decency Act (CDA) of 1996, CallFerret.com is not responsible for screening, policing, editing, or monitoring the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, CallFerret.com may or may not investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content. Notwithstanding the foregoing, neither CallFerret.com, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither CallFerret.com, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or content on this Site. You acknowledge that CallFerret does not pre-screen or approve Content, but that CallFerret shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason.

You acknowledge and agree that CallFerret.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

comply with legal process;
enforce the Terms of Use;
respond to claims that any Content violates the rights of third-parties; or
protect the rights, property, or personal safety of CallFerret.com, its users and the public.

You understand that the technical processing and transmission of CallFerret, including your Content, may involve

transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.

Use Of Web Forums At Your Own Risk. The CallFerret.com Service contains user comments, bulletin board services, chat areas, news groups, forums, communities and other message and communication facilities (collectively "Forums").

CallFerret.com does not control the files, information, or messages (collectively, "Information") delivered to or displayed in the Forums, unless otherwise noted therein, and CallFerret.com assumes no duty to, and does not, monitor or endorse Information within the Forums, nor does CallFerret.com represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of this Agreement. CallFerret.com reserves the right at all times to edit, refuse to post, or to remove any Information, in whole or part, that CallFerret.com, in its sole discretion, deems inappropriate for inclusion in the Forums. CallFerret.com reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or this Agreement. The Forums are public and not private communications and may be read by others without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, CallFerret.com shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Forums is at your own risk and you must be careful about disclosing your personal information.

Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in CallFerret.com's sole discretion, an unreasonable or disproportionately large load on CallFerret.com's infrastructure; (ii) interfere or attempt to interfere with the proper working of the CallFerret.com service or any activities conducted on the CallFerret.com service; (iii) bypass any measures CallFerret.com may use to prevent or restrict access to the CallFerret.com service, other accounts, or computer systems or networks connected to the CallFerret.com service; or (iv) interfere with any other users enjoyment of the CallFerret.com service, including, without limitation, accessing an account of a CallFerret.com user that is not yours.

You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the CallFerret.com service in a manner which sends more request messages to the CallFerret.com server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.

You shall not harvest or collect information from the CallFerret.com service, including, without limitation, information about other users of the CallFerret.com service. The use of any information learned through the CallFerret.com service or while in the CallFerret.com website is limited to the express purposes set forth in these Terms of Service; all other uses are strictly prohibited.

Unless expressly authorized, you shall not frame or otherwise display any portion of the CallFerret.com website or any of its contents. No hyperlinks to any password protected web pages on the CallFerret.com website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by CallFerret.com in our sole discretion.

(b) User's Grant Of Limited License.

By posting or submitting content to any User-submit areas of this Site, you automatically grant, or warrant that the owner of such content has expressly granted, CallFerret.com and its affiliates and licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sublicense, copy, distribute, have distributed, sell and promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by CallFerret.com will not infringe or violate the rights of any third party. You also permit any other User to access, store, or reproduce the content for that User's personal use.

CallFerret.com, its servers and data are to be considered a "Protected Computer" as per U.S. Code 18 USC 1030(e)(2)(B).

7. Proprietary Rights; Restrictions on Use.

You acknowledge and agree that CallFerret is the copyrighted property of CallFerret.com, and you further acknowledge that CallFerret contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, some of which is owned by CallFerret.com and some of which is owned by third parties (collectively "Protected Content") that are protected by copyrights, trademarks, service marks, patents, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Protected Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and CallFerret.com owns all copyrights in the selection, coordination, arrangement, and enhancement of such Protected Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by CallFerret.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, in whole or in part. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Protected Content, provided that the copies are made only for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from CallFerret.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in CallFerret or these Terms of Use.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CallFerret.com (and the copyright owner if other than CallFerret.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CallFerret.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing CallFerret.com's name or trademarks without the express written consent of CallFerret.com. Any unauthorized use terminates the permission or license granted by CallFerret.com.

You agree not to use, transfer, distribute or dispose of any information contained in CallFerret in any manner that could compete with the business of CallFerret.com. You agree to protect the proprietary rights of CallFerret.com and all others having rights in CallFerret during and after the term of this agreement and to comply with all reasonable written requests made by CallFerret.com or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in CallFerret. You agree to notify CallFerret.com in writing promptly upon becoming aware of any unauthorized access or use of CallFerret by any party or of any claim that CallFerret infringes upon any copyright, trademark or other contractual, statutory or common law rights.

Illegal and/or unauthorized uses of CallFerret, including, but not limited to, unauthorized framing of or linking to CallFerret, or unauthorized use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

As noted above, except as provided in the preceding paragraphs, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute for commercial purposes any materials or design elements on this Site protected by copyright, or other proprietary right without the express written permission of CallFerret.com. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email us at tosprivacy@callferret.com.

IN FURTHERANCE OF THE ABOVE-NOTED, YOU HEREBY AGREE AS FOLLOWS: YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF CALLFERRET, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM CALLFERRET AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF CALLFERRET'S CONTENT WOULD BE A VIOLATION OF CALLFERRET.COM'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF CALLFERRET FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF CALLFERRET.COM. FURTHERMORE, YOU MAY NOT USE ANY OF CALLFERRET.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH CALLFERRET.COM'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE CALLFERRET OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF CALLFERRET.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.

8. Rights Reserved.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to CallFerret (the "Intellectual Property Rights") shall, as between you and CallFerret.com, at all times be and remain the sole and exclusive property of CallFerret.com. All present and future rights in and title to CallFerret (including the right to exploit CallFerret and any portions of CallFerret over any present or future technology) are reserved to CallFerret.com for its exclusive use.

9. Copyrights And Copyright Agents.

CallFerret.com respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CallFerret.com's Copyright Agent the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on CallFerret; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may contact the Copyright Agent by email at tosprivacy@callferret.com or phone/fax at 1-206-600-5751

10. Third Party Content, Sites and Services.

Users may through hypertext or other computer links gain access to other sites on the Internet that are not under CallFerret.com's control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by CallFerret.com, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by CallFerret.com. These third party sites are not, and you acknowledge that CallFerret.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such Site, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by CallFerret.com.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that CallFerret shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that CallFerret is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release CallFerret, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

11. Disclaimer Of Warranties; Limitation of Liability.

A PORTION OF CALLFERRET.COM'S CONTENT IS SUPPLIED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF CALLFERRET.COM. CALLFERRET.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON CALLFERRET.COM BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF CALLFERRET.COM WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT CALLFERRET AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, AND THAT CALLFERRET.COM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. CALLFERRET.COM, ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT CALLFERRET IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT CALLFERRET IS FREE OF VIRUSES, WORMS OR "TROJAN HORSES" OR OTHER HARMFUL COMPONENTS AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Moreover, you agree that CallFerret.com, its suppliers and its third-party agents shall specifically have no responsibility or liability for

any injury or damages, whether caused by the negligence of CallFerret.com, its employees, subcontractors, agents, suppliers or otherwise arising in connection with CallFerret and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against CallFerret.com by any other party or
any fault, inaccuracy, omission, delay or any other failure in CallFerret caused by your computer equipment or arising from your use of CallFerret on such equipment.

CallFerret.com is not responsible for the availability, content or accuracy of the content of other Web sites, services, goods or advertisements that may be linked to, or advertised on, CallFerret which are not maintained or controlled by CallFerret.com. CallFerret.com does not

make any warranty, express or implied, with respect to the use of the links provided on, or to, CallFerret,
guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to CallFerret or
make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to CallFerret.

CALLFERRET.COM IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS CALLFERRET. YOU UNDERSTAND THAT CALLFERRET.COM AND/OR THIRD-PARTY CONTRIBUTORS TO CALLFERRET MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS OF USE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CALLFERRET.COM, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF A CALLFERRET.COMAUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE CALLFERRET OR ANY LINKS OR ITEMS ON CALLFERRET OR ANY PROVISION OF THE TERMS OF USE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CALLFERRET.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CALLFERRET.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH CALLFERRET. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL CALLFERRET.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CALLFERRET.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CALLFERRET.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. Indemnification.

You agree to defend, indemnify and hold harmless CallFerret.com, and its subsidiaries, affiliates, officers, directors, contractors, agents, suppliers, co-branders or other partners, and employees, from any and all liabilities, claims, expenses or demand, including reasonable attorneys' fees, made by any third party due to or arising (i) from your use or misuse of or your connection to CallFerret (ii) out of Content you submit, post to or transmit through the Site, (iii) from your violation of the Terms of Use, or (iv) your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. CallFerret.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CallFerret.com in asserting any available defenses.

13. Representations and Warranties. You represent, warrant and covenant that:

you have the power and authority to enter into this agreement;
you shall not use any rights granted hereunder for any unlawful purpose; and
you shall use CallFerret only as set forth in these Terms of Use.

14. International Use.

CallFerret.com makes no representation that materials on this Site are appropriate, legal or available for use in locations outside the United States, or that it is authorized for export from the United States or import into any other country. This Site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. Those who choose to access this Site from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of this Site. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access CallFerret.

15. General Information.

The Terms of Service and the relationship between you and CallFerret shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and CallFerret agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY COURT ACTION ARISING BETWEEN THE PARTIES, WHETHER UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD PARTY CLAIM OR OTHERWISE. THE AGREEMENT OF EACH PARTY TO WAIVE ITS RIGHT TO A JURY TRIAL WILL BE BINDING ON ITS SUCCESSORS AND ASSIGNS. The failure of CallFerret.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 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 the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance. You accept that CallFerret.com has the right to change the content, service or technical specification of any aspect of CallFerret at any time in CallFerret.com's sole discretion. You further accept that such changes may result in your being unable to access CallFerret.

16. Termination.

In accordance herewith, either you or CallFerret.com may terminate the Terms of Use with or without cause at any time and effective immediately. You may terminate the Terms of Use by discontinuing use of CallFerret and destroying all materials obtained therefrom. Your use of CallFerret will terminate immediately without notice from CallFerret.com if you, in CallFerret.com's sole discretion, fail to comply with any provision of these Terms of Use. Upon termination by you or upon notice of termination by CallFerret.com, you must immediately cease all use of CallFerret and destroy all materials obtained from CallFerret and any copies thereof.

17. Entire Agreement.

These Terms of Use and any and all other terms and conditions of service on CallFerret.com, and its successor, represent and constitute the entire agreement between you and CallFerret.com regarding your relationship with CallFerret.com, supersedes any prior statements or representations and governs your use of CallFerret.

18. Ability to Accept Terms of Service.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the CallFerret.com website is not intended for children under 13. If you are under 13 years of age, then please do not use the CallFerret.com website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

19. Content on the CallFerret.com Network.

Content on CallFerret.com is meant for all audiences. You understand that you will be exposed to user material from a variety of publishers and that CallFerret.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user material. You further understand and acknowledge that you may be exposed to user material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CallFerret.com with respect thereto, and agree to defend, indemnify and hold harmless CallFerret.com, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the CallFerret.com service.

20. No Endorsement; Availability; Monitoring

You acknowledge that CallFerret.com does not endorse, evaluate or guarantee any content uploaded by you and you may not state or imply any such endorsement, evaluation or guarantee. CallFerret.com does not guarantee that any content uploaded by you will be made available on the CallFerret.com service, whether continuously or at all. CallFerret.com shall have no obligation to monitor any content uploaded by you. However, CallFerret.com and its agents shall have and do reserve the right to monitor any content uploaded by you from time to time for any lawful purpose. CallFerret.com may, without notice to you, remove or block content of any content uploaded by you from the CallFerret.com service.

21. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms of Service, by flagging the posting(s) for review, or by emailing to:

tosprivacy@callferret.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for CallFerret to pursue legal action to enforce the Terms of Service, you will be liable to pay CallFerret the following amounts as liquidated damages, which you accept as reasonable estimates of CallFerrets' damages for the specified breaches of the Terms of Service:

If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay CallFerret one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If CallFerret establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay CallFerret one hundred dollars ($1000) for each message posted in excess of such limits or for each day on which you access CallFerret in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to CallFerret email addresses or through CallFerret computer systems, you agree to pay CallFerret twenty five dollars ($25) for each such email.
If you post Content in violation of the Terms of Service, other than as described above, you agree to pay CallFerret five hundred dollars ($500) for each Item of Content posted. In its sole discretion, CallFerret may elect to issue a warning before assessing damages.
If you aggregate, display, copy, duplicate, scrape, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Terms of Service without CallFerret's express written permission, you agree to pay CallFerret three thousand dollars ($3,000) for each day on which you engage in such conduct.
If you scrape, spider, or use any automated means to access the CallFerret.com service in a manner which sends more request messages to the CallFerret.com server in any given period of time than a typical human would normally produce in the same period, you agree to pay CallFerret 1 thousand dollars ($1,000) per 50 pages accessed.

Otherwise, you agree to pay CallFerret's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Terms of Service, CallFerret retains the right to seek the remedy of specific performance of any term contained in the Terms of Service, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms of Service, or any combination thereof.

Contacting the Website

If you have any questions about these terms of use, the practices of this site, or your dealings with this website, you can contact:

CallFerret.com
1-775-878-6240
tosprivacy@callferret.com

Format 800-555-5555, (800) 555-5555, 8005555555, 800.555.5555 or company name