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1. These Terms & Conditions constitute an agreement between you and CallDigits, LLC, ("CallDigits"). You acknowledge that use of any CallDigits services or clicking the "Accept" or other similar buttons constitutes your "electronic signature", a stated desire to enter into a binding legal agreement with CallDigits. Further, your electronic signature is sufficient to bind you contractually with CallDigits and by clicking the "Accept" or other similar buttons; you expressly waive any rights or requirements, in any jurisdiction, that would otherwise require non-electronic documentation.

2. By using services from CallDigits, you hereby acknowledge your agreement to be bound by the terms and conditions set forth herein. Further, you stipulate that you are eligible under all applicable laws to enter into such an agreement and such an agreement is not prohibited in your jurisdiction.

3. CallDigits provides all services as is and, while it will endeavor to maintain its services with minimal disruptions, CallDigits does not guarantee service quality or availability. Numerous issues can impact service availability, quality and security. As such, CallDigits is not, regardless of circumstances, liable for any service disruptions, delays, degradation, or security breaches. Moreover, CallDigits may, at its sole discretion, choose to interrupt, delay, or otherwise cease offering services on a temporary or permanent basis.

4. You agree that CallDigits offers Internet communications services, not traditional telephone services, and has no control over the content or security of voice communications. You further agree that your use of CallDigits services complies with all laws, and you are expressly prohibited from making any attempts or otherwise participating in communications to which you are not an intended party or which violate the law.

5. You agree that NO EMERGENCY SERVICES are offered with CallDigits communications services, and CallDigits communications services shall not be relied upon to facilitate any types of emergency communications, including medical and safety emergencies. THIS MEANS THAT CallDigits DOES NOT PROVIDE 911 EMERGENCY SERVICE.

6. You agree that use of CallDigits services is predicated on providing and maintaining accurate and timely account data requested by CallDigits. Moreover, you are responsible for maintaining the security of any username, password, phone number, and other specific account information issued you by CallDigits, and are liable for all activity under said account. CallDigits expressly reserves ownership or authority over any and all usernames, passwords, phone numbers, or other specific account information issued by CallDigits, and reserves the right to rescind, revoke, alter, exchange, or otherwise change such information at its discretion at any time.

7. For all paid services, CallDigits will credit your account for payments received within 48 hours. All payments will be processed in accordance with pricing information posted on the CallDigits site, and all pricing is subject to change without notice by CallDigits at its discretion. Continuing use of service is acknowledgement of agreement by you of any pricing change. At any time, you may request a refund for any account balance unused. All refunds will be pro-rated if for monthly services and otherwise credited to the payment instrument used within 72 hours. If you believe you have been erroneously charged for services by CallDigits, you may request a refund within 60 days of the charge by contacting customer service. All account balances remaining 180 days from the date of payment will be forfeited by you and become the property of CallDigits.

8. You agree that using CallDigits services entitles you only to a non-exclusive, non-transferable, revocable license, and there is no transfer of intellectual property rights, actual or implied. CallDigits retains all rights to all technology used, including rights licensed from third parties, and otherwise asserts that all material, including text, logos, trade concepts and other information contained on this sight are the copyright of CallDigits. Unless authorized in writing, all copies, reprints, distribution or other use any of the material on this sight is prohibited.

9. CallDigits shall under no circumstances be responsible for any liability that may arise from the use or attempted use of the services described herein, including direct, indirect, consequential, special or incidental damages. This limitation of liability includes, among other limits, absolutely no liability whatsoever with respect to any loss of profit, information, or other business asset, regardless of CallDigits' actions or knowledge. Your sole remedy is to request a refund, if applicable, of any service fees as outlined in Section 7.

10. While we make all reasonable attempts at accuracy, all information provided on this site is provided as is and CallDigits does not warrant the accuracy of this site either express or implied. Moreover, CallDigits does not warrant the services described on this site, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. CallDigits expressly rejects any warranty, express or implied, with regards to any usage or trade practice. CallDigits accepts no responsibility for any material contained on another website that may be accessible from this one.

11. You agree to indemnify and hold harmless CallDigits, and defend CallDigits at your expense for any and all claims, actions, and proceedings, including attorney's fees, arising out of your use of CallDigits' services, including any inaccurate or incomplete information provided by you.

12. The term of this agreement shall commence upon acceptance as defined herein, and continue through termination. You and CallDigits each retain the right to terminate this agreement with no notice, no recourse, and for any reason whatsoever. All rights in this agreement asserted by CallDigits shall survive termination and any fees due either party shall be duly paid within 30 days of termination.

13. CallDigits reserves the right to alter, modify, rescind or otherwise change these terms and conditions from time to time, as it deems necessary or appropriate. Moreover, CallDigits reserves the rights to make any changes in services provided, terms and conditions of service, and otherwise modify its service offering in any manner it sees fit at any time.

14. The Terms & Conditions and License Agreement constitute the entire agreement between you and CallDigits. Should any part of this agreement be declared invalid, the remainder of the agreement shall remain in full effect. A failure by CallDigits to enforce its rights under this agreement shall in no way restrict its rights to do so at any other time. You may not assign this agreement at any time; however CallDigits may assign this agreement at its sole discretion.

15. These terms and conditions constitute an agreement between CallDigits and you and is governed by the laws of the State of Iowa. Any claim arising from this agreement must be brought in a timely manner in the district court for Polk County, Iowa.

LICENSE AGREEMENT
1. This License Agreement constitutes an agreement between you and CallDigits, LLC, ("CallDigits"). You acknowledge that use of any CallDigits' services or clicking of "Accept" and other similar buttons constitutes your "electronic signature", a stated desire to enter into a binding legal agreement with CallDigits. Further, your electronic signature is sufficient bind you contractually with CallDigits and you expressly waive any rights or requirements, in any jurisdiction, that would otherwise require non-electronic documentation.

2. By using services from CallDigits, you hereby acknowledge your agreement to be bound by the terms and conditions set forth herein. Further, you stipulate that you are eligible under all applicable laws to enter into such an agreement and such an agreement is not prohibited in your jurisdiction.

3. CallDigits grants you a non-exclusive, non-transferable, non-commercial, personal-use, revocable license to use technology available on our website used to support our services. Under no circumstances do you have the right to sell, assign, lease, rent, lend, import, export, or in any other manner act as an agent to exchange any CallDigits technology. Further, you agree that you may not review, modify, augment, or otherwise change, decompile, reverse engineer, or hack any CallDigits software or technology.

4. You acknowledge that CallDigits may, at its sole discretion, include third-party technology as part of this agreement and you expressly accept that all such technology is covered under this agreement. Further, you acknowledge that CallDigits may, at any time at its sole discretion, make changes, modifications, edits, and otherwise alter its technology.

5. You acknowledge that any CallDigits technology is for use with CallDigits services and that you are also bound by the "Terms & Conditions" when using CallDigits technology.

6. You acknowledge that CallDigits software requires resources on your computer, Internet connection, network, and other facilities and hereby grant CallDigits use of these facilities. Moreover, while CallDigits will make all reasonable attempts to protect your facilities, you expressly acknowledge that the permission granted CallDigits is done so at your own risk and that CallDigits will not, under any circumstances, be liable for any damage or inconveniences that may arise out of this use of your facilities.

7. You expressly acknowledge that CallDigits, along with its partners and affiliates, retain all rights, including intellectual property rights, ownership, and control over all CallDigits technology. Further, you agree not to allow any unauthorized use of CallDigits technology, facilitate the removal of any proprietary marks or notices, and otherwise acknowledge all CallDigits' intellectual property rights.

8. The term of this agreement shall commence upon acceptance as defined herein, and continue through termination. You and CallDigits each retain the right to terminate this agreement with no notice, no recourse, and for any reason whatsoever. All rights in this agreement asserted by CallDigits shall survive termination.

9. You agree to indemnify and hold harmless CallDigits, and defend CallDigits, at your expense, for any and all claims, actions, and proceedings, including attorney's fees, arising out of your use of CallDigits services in violation of the terms contained herein, including inaccurate or incomplete information provided by you.

10. CALLDIGITS' TECHNOLOGY IS PROVIDED "AS IS" WITH NO WARRANTIES EXPRESS OR IMPLIED. CALLDIGITS MAKES NO CLAIMS WHATSOEVER AS TO THE TECHNOLOGIES QUALITY, PERFORMANCE, FITNESS FOR ANY PURPOSE, OR MERCHANTABILITY. ALL USE OF CALLDIGITS TECHNOLOGY IS AT YOUR OWN RISK. IN NO EVENT SHALL CALLDIGITS BE LIABLE IN ANY FORM FOR ANY DAMAGES WHATSOEVER THAT ARISE FROM ANY USE OF THIS TECHNOLOGY.

11. CallDigits reserves the right, in its sole discretion, to alter, modify, rescind or otherwise change these terms and conditions from time to time. Moreover, CallDigits reserves the rights, in its sole discretion, to make any changes in services provided, terms and conditions of service, and otherwise modify its service offering at any time.

12. Should any part of this agreement be declared invalid, the remainder of the agreement shall remain in full effect. A failure by CallDigits to enforce its rights under this agreement shall in no way restrict its rights to do so at any other time. You may not assign this agreement. CallDigits may assign this agreement at its sole discretion.

13. This License Agreement is governed by the laws of the State of Iowa. Any claim arising from this License Agreement is subject to arbitration and must be brought in a timely manner in the district court for Polk County, Iowa.



 
 
 


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