Terms of Service
This agreement is by and between GrassRoots On Call, Inc., a Corporation, and the Customer (“you” or “Customer”) for the provision of Internet faxing, emailing and calendar services in accordance with the following terms and conditions.
Fees and Payments
Subscriptions to paid Services are available on annual subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least 30 days prior to the renewal date. GrassRoots On Call reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan.
Usage charges for sending outbound faxes and call minutes are not included in service plans and are billed in advance by purchasing credits in $25.00 minimum increments.
You are obligated to pay for use of the GrassRootsOnCall.com service at our published rates. Accounts are to be settled as per current pricing which is publicly displayed on our web site http://www.GrassRootsOnCall.com. Outstanding accounts may be suspended or terminated. GrassRoots On Call, Inc., reserves the right to modify its rates for the GrassRoots service. The rates posted on our web site will always be the effective rates.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
Customer of GrassRoots On Call, Inc., may terminate service at any time with 30 days written notice. No refunds will be given. GrassRoots On Call, Inc., reserves the right to reject orders for new accounts.
GrassRoots On Call, Inc,. may employ the use of vendors or sub-contractors for the operation of components in the network used to provide the GrassRoots service.
You represent that the information submitted for transmission via the GrassRootsOnCall.com service is for lawful purposes only and that the transmission of messages or files is not in violation of any federal or State laws or regulations. Customer agrees to accept all responsibilities for conforming to “community standards” of conduct when transmitting messages. Customer agrees to indemnify and hold GrassRoots On Call, Inc., and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of the delivery of any information. Customer agrees to pay reasonable cost of collections, including legal fees.
The Services may only be used for lawful purposes. Applicant is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind.
We exercise no control whatsoever over the content of the information and data passing through its network and you indemnify GrassRoots On Call, Inc., from any legal action regarding said information or data.
GrassRoots On Call, Inc., reserves the right to request customer to provide proof of possession of credit card used to fund account.
Customer agrees to familiarize him or herself with the legalities of any campaigns run through the GrassRoots system, by visiting the following websites:
Federal Trade Commission, LINK: http://www.ftc.gov
Federal Communications Commission, LINK: http://www.fcc.gov
DoNotCall Registry Info, LINK: http://www.donotcall.gov
Customer agrees to familiarize themselves with any additional International, Federal, State, or local laws governing your dialing.
Customer agrees to place *ANY* individual requesting DNC status, on Customer accounts DNC list, immediately.
Customer agrees to provide legal contact information in any outbound campaign within the initial greeting message.
Customer agrees to provide own sound files for all outbound campaigns.
Customer agrees to provide all data and with this ability agrees to responsibly dial each campaign with courtesy to the recipients for which it is meant.
Customer agrees to schedule campaigns responsibly.
Customer agrees not to send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
Customer agrees to not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
Customer agrees to use DNC / opt-out features made available to you via GrassRoots On Call.
Customer agrees to consult with an attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRASSROOTS ON CALL, INC., EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GRASSROOTS ON CALL, INC., MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GRASSROOTS ON CALL, INC., MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. GRASSROOTS ON CALL, INC., MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. GRASSROOTS ON CALL, INC., ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE FAX AND EMAIL MESSAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM GRASSROOTS ON CALL, INC., OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GRASSROOTS ON CALL, INC., OR ITS SUPPLIERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF GRASSROOTS ON CALL, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GRASSROOTS ON CALL, INC., LIABILITY TO CUSTOMERS OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
Use of the services assumes that Customer has read and agrees to the terms in this Agreement. GrassRoots On Call, Inc., reserves the right to suspend or terminate the Services if we in our sole discretion, believe Customer is using the Services to engage in conduct which interferes with other Customers’ use of the Services, is harmful to GrassRoots On Call, Inc., or third parties, or is otherwise in violation of this Agreement.
YOU UNDERSTAND AND AGREE THAT YOU ARE THE OWNER OF ANY TELEPHONE NUMBERS AND EMAIL ADDRESSED VERIFIED BY GRASSROOTS ON CALL, INC., YOU AGREE THAT GRASSROOTS ON CALL, INC., WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY USE OF VERIFIED TELEPHONE NUMBERS AND EMAIL ADDRESSES.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This agreement shall be governed by the construed under Delaware law as such law applies to agreements between Delaware residents entered into and to be performed within Delaware, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.