RingRang Terms of Service

Updated October 30, 2009

PLEASE READ THESE TERMS OF USE (THE “AGREEMENT”) CAREFULLY. BY ACCEPTING THIS AGREEMENT, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOUR USE OF THE SITE AND THE SERVICES OFFERED BY RINGRANG IN ANY MANNER SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT.

The Web pages available at www.RingRang.com and all linked pages (“Site”), are owned and operated by RingRang, LLC (“we,” “us”, “RingRang”), and are accessed by you (“you,” “User”) and (if applicable) the entity on whose behalf you are registering to use the Site (collectively you and that entity are a “Member”), under the following terms and conditions.

By accepting this Agreement, you represent and warrant to RingRang that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by this Agreement. You represent and warrant that you have the right and ability to act on behalf of Member and to bind Member with respect to the rights and obligations set forth in this Agreement.

RingRang reserves the right, at its discretion, to modify this Agreement or Services (as defined below) at any time by posting a notice on the Site, or by sending you a notice via email or postal mail. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes you acceptance of the Agreement as modified.

If you have a question or complaint regarding the Site, please send an e-mail (support@ringrang.us), or write to us at ( RingRang, LLC 2260 Warrensville Center Road #206 University Heights, OH 44118), or by calling us at (216-367-2314).

We provide registered users of the Site with access to certain specialized icons, graphics, scripts and services related to providing the registered user with icons, graphics and scripts which when incorporated into the registered user’s website, allows the entry and transport of a phone number and other pertinent text content to the registered user, provided by a visitor to the registered users website. This service is provided to the registered user with the explicit expectation that the registered user will call, using a phone system, the web site visitor.

SPECIAL NOTE REGARDING THE SERVICES: Please note that, as part of the Services, we provide certain specialized services for each individual or organization who registers with the Site. RingRang provides the technical ability to connect a website visitor to the registered user or assigned agent.

RingRang will not screen or review any of the RingRang registered users to determine suitability for communication, nor does RingRang act as an agent for any individual or organization or the person or organization requesting a phone call. RingRang is not, and shall not be responsible for any and all communications between registered user and those requesting contact via a phone call.

Therefore, RingRang has no control over the quality, truth, accuracy, reliability, completeness or timeliness of such RingRang registered users, or the ability of a registered user to offer opportunities as communicated. RingRang makes no representations or warranties about any RingRang registered users.

Everything you see, hear or receive from or on the Site (“Content”), is protected by copyrights, trademarks, service marks, patents, trade secrets, trade dress or other intellectual property rights owned by RingRang or its licensors. Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Site as a whole. You may use or download Content solely for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices. No other use of Content is permitted. Except for this limited license, nothing in this Agreement transfers to you any right, title or interest in any Content. The downloading or export of software or technical data from this Site to any jurisdiction in violation of United States export laws is strictly prohibited. RingRang may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.

Except as expressly authorized by RingRang, 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 the Content. We permit you to print or download one copy of the materials or Content on this website on any single computer for your personal non-commercial use, provided you keep intact all copyright and other proprietary notices (for example, “Copyright © 2008 RingRang LLC. All rights reserved.”). Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from RingRang is prohibited.

In addition, this website contains a number of names, logos, trademarks, service marks and other intellectual property rights which are the property of RingRang. You agree not to use or display publicly these marks without the prior written permission of RingRang. Other trademarks appearing on this website are the property of their respective owners. This website is owned by RingRang and any of the images, text, audio or other comments (basically everything you see, read or hear on this website) is copyrighted by RingRang and may only be used in the manner provided on this Agreement.

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 RingRang and our affiliates without express written permission. You may not use any metatags or any other hidden text utilizing RingRang’s name or trademarks without the prior written permission of RingRang.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to this website so long as the link does not portray RingRang, its affiliates or their products or services in a false, misleading, derogatory or otherwise objectionable manner. You may not use any RingRang logo or other proprietary graphic or trademark as part of the link without prior written permission of RingRang.

Use of the Site

You promise to make only lawful use of the Site. You promise to make no use of the Site that violates anyone else’s rights, including copyright, trademark, trade secret, privacy or other rights. You promise not to upload, post, transmit, distribute or otherwise publish on or to the Site any materials that (a) contain a software virus or other harmful component, (b) contain advertising or commercial material, or (c) are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful. You are solely responsible for the content of any material you publish on the Site. RingRang is not responsible or liable for the conduct of any Site user, or for materials published to the Site by any Site user other than RingRang. You may not: (a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post Content; (b) interfere with the Site or any other user’s use of the Site, including, without limitation, overloading, “flooding”, “mailbombing” or “crashing” the Site; (c) send unsolicited e-mail through the Site or forge or mask your identity in any e-mail or posting; (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or (e) insert any code or product or manipulate the Content in any way that affects any user’s experience of the Site.

You agree that you are subject to any additional posted guidelines, rules, and conditions applicable to the Services. We reserve the right, at any time and from time to ton you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or the Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to RingRang are non-confidential and shall become the sole property of RingRang. RingRang shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You will be required to register with RingRang in order to access certain Services or areas of the Site. With respect to such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all monetary transactions. You agree to immediately notify RingRang of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any ons.

Information made available on the Site (including on any RingRang) is provided by RingRang LLC.

You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each registered users before allowing it to use RingRang icons, graphics and scripts and (b) we may do one or all of the following, at our sole discretion: (i) monitor registration; (ii) alter, remove, or refuse to service any registered users; and/or (iii) disclose any registered user, and the circumstances surrounding their registration, to any third party in order to operate the Site; to protect RingRang and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. While we reserve the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.

The Site may contain links to third party websites that are not owned or controlled by RingRang. When you access third party websites, you do so at your own risk. RingRang encourages you to be aware when you leave the Site and to read the agreement and conditions and privacy policy of each third party website that you visit. RingRang has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, RingRang will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Site, You expressly relieve RingRang from any and all liability arising from your use of any third party website. You acknowledge and agree that RingRang does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITER A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. RINGRANG DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at (support@ringrang.us) with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

IN NO EVENT SHALL RINGRANG OR ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, RINGRANG WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONCTS AND SERVICES OFFERED ON THIS SITE. USE OF THE SERVICE IS AT YOUR OWN RISK. RINGRANG DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. RINGRANG DOES NOT WARRANT THAT THE SERVICE OR SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF RINGRANG IS AWARE OF THEM.

You agree to indemnify, defend and hold harmless RingRang from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including any attorney’s fees) arising out of any unauthorized uses you may make of any material on the Site or any breach by you of this Agreement.

This Agreement is effective until terminated. Either party may terminate the Services at any time by notifying the other party by any means. RingRang may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the conditions of this Agreement. Upon termination of User’s account, your right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability. You agree that RingRang shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and RingRang. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, tion or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and RingRang relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and RingRang relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, at RingRang’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. RingRang will not be responsible for failures to fulfill any obligations due to causes beyond its control.

For businesses, consumers and any and all registered users of RingRang, this Agreement represents the entire agreement between you and RingRang with respect to the subject matter hereof.

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