Phonetrick Terms of Use

The following sets forth the terms of use (the “Terms”) for the website located at www.phoneTrick.net (the “Site”) and all services provided via the Site, including but not limited to (the “Services” and together with the Site “phoneTrick”). By using phoneTrick, you are consenting to these Terms. phoneTrick, LLC (a Montana Limited Liability Company) (the “Company”) may modify, alter or update these Terms at any time without prior notice, and your subsequent use of phoneTrick shall constitute your consent to the modification, alteration or update.

Use of phoneTrick

You are fully accountable for the messages you send through phoneTrick.

You agree to indemnify and hold harmless the Company”and its affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable attorney's fees, that may be made by any third party, due to or arising out of your use of phoneTrick.

phoneTrick is provided as on an as is basis for the entertainment of its customers and users. phoneTrick is solely for use by persons 18 years of age or older. By using phoneTrick you affirm that you are at least 18 years of age.

You are permitted to access the Site and the Service solely for the purpose of receiving information about the Company, its business and products, purchasing and utilizing the Service, communicating with the Company, and as otherwise as stated on the Site.

You are responsible for using phoneTrick in a manner that conforms to your local laws. You are strictly prohibited from using phoneTrick to call emergency lines, health care facilities, government agencies, employees or officials, law enforcement, schools, numbers assigned to radio common carrier services, any service for which the called party is charged for the call, or any other call recipient that is prohibited by law or regulation, unless the call is made with the prior express consent of the called party. Those using this site for prohibited purposes may be subject to certain identification requirements and prosecution.

No Harassment

YOU ARE STRICTLY PROHIBITED FROM USING PHONETRICK TO THREATEN, ANNOY OR HARRASS ANY PERSON. At no time will you use phoneTrick to violate New York Penal Code 653m, Subdivision B, which states:

“ (a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.

(b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.”

Intellectual Property

phoneTrick, the domain name(s) associated with the Site and all content, materials, copyrights, trademarks, technology, patents, trade secrets and other proprietary rights of phoneTrick (the “Intellectual Property”) are the sole property of the Company and all rights therein are reserved.

You may not copy, modify, reproduce, retransmit, reverse engineer or otherwise utilize the Intellecutal Property in any fashion or for any purpose other than set forth herein without the express written permission of the Company. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from the Company.

phoneTrick may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal, immoral or inappropriate purposes. The Company reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason.

You are responsible for all content posted by you (the "User Content") and The Company shall have no responsibility or liability therefor. You hereby grant the Company a worldwide, perpetual, non-exclusive, transferable, fully paid-up license to use, copy, perform, or revise any User Content, including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent that you have all rights, title and interests necessary to provide such User Content that User Content shall not infringe any third party’s rights of any kind, including but not limited to any trademark, copyright, patent, or trade secret.

Disclaimers

The Company makes no warranties, express or implied, with regard to phoneTrick, including but not limited to warranties of merchantability or fitness for a particular purpose. The Company makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or the Service, the Internet, the telephony network through which phoneTrick is utilized, or other technology utilized to present, access or utilize the Site or the Service, nor does it warrant that the Site or Service shall be free of computer viruses, malware or other malicious content. The Company reserves the right to modify, suspend or discontinue the offering of the Site and/or Service at any time for any reason without prior notice. Further, while phoneTrick utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Service.

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE USE OF PHONETRICK.

The Site may include links to third party websites. Such links are provided for your convenience, and do not necessarily constitute an endorsement by the Company of such sites or an affiliation between the Company and the owners of such sites, nor shall the Company be liable for the contents of such sites. The Company will also not be liable for any errors in such links, or for any malfunction of such links.

Payments

The Company may at any time choose to utilize a payment system for phoneTrick. Your use of the Service is contingent on your paying in advance for such use, in the amounts and using the methods then-current on the Site. The Company will charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by the Company you agree that you will pay them when due.

The Company shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method. As between you and the Company, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.

User Warranties

By using phoneTrick, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.

Indemnification

By using phoneTrick, you agree to indemnify and hold harmless the Company, its affiliates, assigns, contractors, officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys' fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person, entity or government agency based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of phoneTrick or your provision of User Content to phoneTrick.

Governing Law; Forum

These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America without regard to conflict of laws principles. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site or Service shall be the state and federal courts located in New York, New York.

Other Provisions

The provisions regarding ownership; payments; warranties; and indemnification set forth above will survive any termination of these Terms. All notices to the Company shall be provided in writing, and any notice will be deemed to be given on the date it is received.

If you have any questions or concerns about phoneTrick and its Terms of Service, please feel free to Contact Us.

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