IDCaller Terms of Use

Last updated on July 23, 2018.

These IDCaller Terms of Service (the "Service Terms" or "Terms") and other policies incorporated by reference in these Terms, including our Privacy Policy form a legally binding agreement between I D Caller ("IDCaller", "we", "our" or "us"), who owns and controls the website www.IDCaller.com (the "Website"), and you, the user of the Services, as such term is defined below, ("you", "your", "yours" or "User"), and describe the terms under which you agree to use the products and services on www.IDCaller.com and any other service or product which may be made available to you by us for which you have enrolled or registered or have been enrolled or registered by an authorized third party (collectively the "Services" and individually a "Service ").

Important: The Services are not intended for use in the European Union. You understand and agree that you and any Authorized User will not use Services if you or your Authorized User are located in the European Union.

PLEASE NOTE, THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF THESE TERMS, OR IF YOU DO NOT HAVE ELIGIBILITY TO ENTER INTO THESE TERMS AS SET FORTH IN SECTION 1.2 BELOW, DO NOT CREATE AN ACCOUNT, DO NOT USE THE SERVICES, OR VISIT THE WEBSITE. IF YOU ARE A COMPETITOR OF IDCaller YOU MAY NOT ACCESS OR USE THE SERVICES WITHOUT IDCaller'S PRIOR WRITTEN CONSENT.

ACCEPTANCE OF TERMS; ELIGIBILITY
1. Acceptance of terms . These Terms set forth the legally binding terms and conditions for your use of the Services. By using or accessing the Services in any manner, including, but not limited to, visiting or browsing the Website, you: (i) acknowledge that you have read, understand, and agree to be bound by this Agreement, including IDCaller's privacy policy located at https://www.IDCaller.com/privacy (the "Privacy Policy"); (ii) represent that you have the authority to enter into these Terms (including the Privacy Policy and all of the terms and conditions specified or reference below), on behalf of the entity or person in respect of whom the Services are ordered as named on the purchase order submitted to IDCaller; (iii) represent that you are eligible to enter into these Terms pursuant to the eligibility requirements set forth below in Section 1.2; and (iv) agree that you are entering into these Terms (including all of the terms and conditions specified or reference below and the Privacy Policy) with IDCaller. In addition, when using particular services or materials through or in connection with the Services, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in the terms ("Additional Terms"). All such Additional Terms are hereby incorporated by reference into this Agreement.
2. Eligibility. You may use the Services if you are over eighteen (18) years of age and are not barred from receiving services under applicable law. By accessing or using the Services you affirm that you are over the age of eighteen (18) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If for any reason, we, in our sole discretion, believe you do not meet the eligibility requirements set forth above, we reserve the right, without provision of any notice to you to terminate your account, access to the Services, and these Terms. If you do not meet the eligibility requirements as set forth in this Section, we have no obligations to you under these Terms.
ACCESS TO AND USE OF THE SERVICES
1. Access to the Services. Subject to these Terms (including payment of applicable fees) we grant you a personal, non-exclusive, non-transferable, limited and revocable license to access and use, solely over the internet, the Services in connection with your personal and/or commercial purposes; provided, that such use is at all times lawful and not for the purpose of determining consumer eligibility or for any purpose covered by the Fair Credit Reporting Act.
2. Restrictions. You agree that you will not, unless specifically permitted by us in writing: (i) copy, display or distribute any part of the Services, in any medium, without IDCaller's prior written consent, or (ii) alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute content from Services or to manipulate the Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any IDCaller server or to any of the Services, through hacking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any software accessed through the Services, including any proprietary communications protocol used by IDCaller. You may not use information obtained from the Services to transmit any commercial, advertising or promotional materials, harass, offend, threaten, embarrass, or invade the privacy of any individual or entity, or violate any applicable law, regulation or rule.
3. Prohibited Use of the Services. YOU UNDERSTAND AND AGREE THAT IDCaller IS NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT ("FCRA"). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS AND CONDITIONS. Accordingly, you shall not use any information obtained from our Service in connection with determining a prospective candidate's suitability for: (i) health insurance or any other insurance; (ii) credit and/or loans; (iii) employment; (iv) education, scholarships or fellowships; (v) housing or other accommodations; or (vi) benefits, privileges or services provided by any business establishment.
4. Authorized User. You may designate up to 1 additional user that are authorized to contact us and make decisions regarding your account that may result in additional charges, such as upgrading your Membership plan or other decisions such as degrading your Membership or terminating or deactivating your account (such additional user, an "Authorized User"); provided such Authorized User meets the eligibility requirements set forth in Section 1.2 above. Notwithstanding the foregoing, you understand and agree that you remain solely and fully responsible for all activity on your account, including any additional charges, (regardless of whether such activity is a result of an Authorized User) and you will be liable for any misuse, abuse, or violation of these Terms or any applicable laws that result from the use of your account by an Authorized User or otherwise, whether or not authorized by you.
5. IDCaller's Privacy Practices. The Services are not intended for use in the European Union and you should not use the Services if you are in the European Union. You understand and agree that IDCaller collects information and data, which may include personal data, in connection with your use of the Services. Any information or data that IDCaller collects through your use of the Services is subject to our Privacy Policy available at https://www.IDCaller.com/privacy, which is made a part of and incorporated into these Terms.
6. Communications from Us. By accessing our Services you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. You further agree that you will be responsible for any and all associated fees (including fees for SMS) resulting from our communications with you.
7. Membership Term Duration You hereby agree that daily pricing, i.e. $0.75 /day, shall be billed at a monthly discount advantageous to you (i.e. $19.95/month) if you are subscribed to the service for more than one day. Cancellations shall be billed pro-rata at the discounted rate.
YOUR OBLIGATIONS
1. Account. You are entirely responsible for maintaining the confidentiality of your password and account information for the Services. Furthermore, you are entirely responsible for any and all activities that occur under, or in connection with, your account. You agree to notify IDCaller immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide proper documented evidence as reasonably requested by IDCaller). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by IDCaller or another party due to someone else using your account or password. You agree to notify us immediately of any unauthorized use of your user account.
2. User Data. You grant to IDCaller, during the term of these Terms, a non-exclusive, royalty-free, fully-paid, worldwide license, under all of your intellectual property and proprietary rights, to any and all User Data reasonably necessary for IDCaller to provide you the Services and other services hereunder. You agree that you will be solely responsible for your use of your account. IDCaller will use reasonable measures to protect your personally identifiable information collected through the Services. In addition, you hereby license Anonymous Data to IDCaller on a worldwide, perpetual, irrevocable, non-exclusive, freely-transferable, fully paid, and royalty-free basis, for IDCaller to use and exploit in any manner and for any purpose. You represent and warrant that you have all the rights necessary to grant the licenses granted herein to IDCaller in and to such User Data. "User Data" means any and all, data or information or content (including personally identifiable information) provided by you in connection with the Services or any services provided hereunder. "Anonymous Data" means any and all aggregated non-personally identifiable data or information resulting from your or your Authorized Users' use of the Services or other services provided by IDCaller under these Terms.
3. Indemnification. You will defend at your own expense any claim or action against IDCaller or its officers, directors, employees or contractors (each a "IDCaller Indemnified Party") brought by a third party, and will indemnify and hold harmless each IDCaller Indemnified Party from and against all costs (including reasonable attorneys' fees) and damages incurred by such IDCaller Indemnified Party in any such claim or action, to the extent that the action is based on: (i) allegations that any of your activity violates any applicable law or any rights (including intellectual property rights or privacy rights) of any third party; (ii) use of the Services in such a manner that produces a recommendation that the Services would not otherwise produce (for example, overrides IDCaller's recommendation algorithms); or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of this Agreement or any Additional Terms. The foregoing obligations are conditioned on IDCaller notifying you promptly in writing of such action, giving you sole control of the defense thereof and any related settlement negotiations, and at your reasonable request and expense, cooperating and assisting in such defense. Under no circumstances shall you enter into any settlement that involves an admission of liability, negligence or other culpability of IDCaller or any IDCaller Indemnified Party or requires IDCaller or any IDCaller Indemnified Party to contribute to the settlement without IDCaller's prior written consent.
MEMBERSHIPS BILLING; PURCHASES; PAYMENT TERMS
1. Membership Billing Terms. If you sign up for our monthly or other Membership term you select, IDCaller bills you for your online account using the billing information you provide (your "Billing Account") for use of the Membership Service. A one-month term is agreed by each User to be a thirty (30) day period. You agree to pay IDCaller all charges at the prices then in effect for your use of the Membership Service using your Billing Account, and any applicable taxes, and you authorize IDCaller to charge your chosen Payment Method for the Membership Service. You agree to make payment using that selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If IDCaller does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by credit card, we may re-attempt to bill such rejected payment to your Payment Method Provider. IDCaller reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. If you feel your Membership has been turned off in error, or if you would like to discuss upgrading your Membership to increase the number of reports you may run per day, please contact our customer service team at [email protected].
2. Cancelling Membership. You can cancel your Membership at any point during your current Membership term to avoid being billed for subsequent Membership terms by using our contact form located here and requesting a cancelation of a specific membership or by logging into your account http://www.IDCaller.com/login.php, clicking on the "Member Console" link choosing your membership type on the left, clicking on the "Modify Plan" link and following the prompt. Subject to payment of all current fees due and payable, when you cancel your Membership, you will still be able to have access to your Membership until the end of the then current Membership period.
3. Premium Profile Limitations. Our Memberships offer "Unlimited Searches" with respect to basic profile searches; however, each Membership plan comes with a specific premium profile access quota. Please see the plan details link when you purchase a Membership for more details on how many premium profiles you have access to under your Membership. We do not allow scraping of our data or excessive collection of our data for any purpose.
4. Payment Terms Certain Services require payment by or on behalf of you, via a valid credit or debit card or other payment method (collectively "Payment Method"), to us. By providing such Payment Method to us or permitting such to be provided on your behalf, you represent that you are authorized to request transactions using the Payment Method presented. You authorize and agree to make any required payments for the Services on a timely basis. In the case of any credit or debit card payment by you, you authorize us to: (i) submit a transaction using the card information provided to us; (ii) submit automatic recurring transactions, including those on a monthly basis ("Membership Service" or "Membership") for Membership renewals ; and (iii) obtain automatic updates for cards provided to us. IDCaller may increase the amount of fees and rates payable by you upon written notice to you, provided that any such increase shall not be more than once in any twelve (12) month period. You may cancel your Membership at any time through your member portal or by contacting us through the "Contact Us" page. The fees are exclusive of all applicable sales, use, value-added and other taxes, or other similar charges, and you will be responsible for payment of all such taxes (other than taxes based on IDCaller's income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Service, or performance of any other services by IDCaller. Except as otherwise set forth herein, all fees are non-refundable and non-returnable.
5. Pay-Per-Use Services. Some of our Services are available on a pay-per-use basis. Payment is due prior to access or use of any pay-per-use Service in accordance with the purchase order. If you are not satisfied with your purchase, please contact us within thirty (30) from the original date of purchase to discuss your concerns. If we cannot solve your concerns, we may, in our sole discretion, provide one (1) replacement of the same Service purchase by you, at no additional cost to you. Under no circumstances will we refund your purchase. This Section states your sole remedy, and our entire liability, with respect to pay-per-use Services purchased by you.
TERMINATION
1. Termination. You may cancel or terminate your account or Membership at any time by sending an email to [email protected] using subject "Terminate My Account". We reserve the right to deactivate your account, or suspend your access to the Services, or terminate these Terms, at our sole discretion, at any time and without notice or liability to you, if you violate these Terms, the Privacy Policy, or any Additional Terms. Upon any such termination, we may delete your data and any other information related to your account.
2. Effects of Termination. Upon expiration or termination of these Terms for any reason, you shall cease (and require all Authorized Users to cease) using, and destroy, any and all information or materials supplied by IDCaller, including any and all copies thereof in your possession or control.
LINKS TO THIRD PARTY SERVICES. Our Services may be linked to other websites operated by one or more third-parties (collectively, " Third-Party Services" or "Third-Party Service"). Certain areas of our Services may allow you to interact with Third-Party Services and, in certain situations, you may be transferred to a Third-Party Service through a link but it may appear that you are still on our Service. In any case, you acknowledge and agree that the Third-Party Services may have different privacy policies and terms and conditions and/or business practices than we do, and you further acknowledge and agree that your use of Third-Party Services is governed by that Third-Party Service's privacy policy and/or terms and conditions, if any. We may provide you with links to the Third-Party Services as a convenience, but we do not verify, make any representations or take responsibility for such Third-Party Services, including, without limitation, privacy policy compliance, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Services. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SERVICES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
INTELLECTUAL PROPERTY
1. IDCaller Ownership Rights. IDCaller and its suppliers retain all right, title and interest in and to all intellectual property rights in the Services, Website, and all other materials provided or made available to you in connection with the services provided by IDCaller, and any and all modifications, updates, and enhancements to the foregoing items. IDCaller shall be entitled to unrestricted use of any and all communications, comments, questions, suggestions, or related materials provided by you to us, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to our Services including, without limitation, new features or functionality relating thereto (collectively, "Feedback"). All such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever.
2. Your Ownership Rights. You shall retain the right, title and interest, including all intellectual property rights, in and to User Data, subject to the license to Anonymous Data granted by you to IDCaller.
DISCLAIMERS
1. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT IDCaller MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT IDCaller DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL BE ACCURATE OR WILL MEET YOUR EXPECTATIONS.
2. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, IDCaller DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY PURPOSE, TITLE, AND NON-INFRINGEMENT.
3. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES MADE AVAILABLE OR ACCESSED THROUGH THE SERVICES, OR OBTAINED FROM A WEBSITE TO WHICH THE SERVICES ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IDCaller DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SERVICES OR A LINKED WEBSITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL IDCaller BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR A LINKED WEBSITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SERVICES OR A LINKED WEBSITE.
4. THE IDCaller SEARCHES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ARE CONSTANTLY UPDATING AND REFINING OUR DATABASE AND SERVICE, WE DO NOT REPRESENT OR WARRANT THAT THE RESULTS PROVIDED WILL BE 100% ACCURATE AND UP TO DATE AND, AS SUCH, IDCaller SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS, AVAILABILITY OR UNAVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THE SERVICES. IDCaller DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CHARACTER OR THE INTEGRITY OF THE PERSON, BUSINESS, OR ENTITY THAT IS THE SUBJECT OF ANY IDCaller SEARCHES. IDCaller ALSO RESERVES THE RIGHT TO DELETE ANY INFORMATION FROM ITS DATABASES AT ANY TIME. WE URGE YOU TO INDEPENDENTLY VERIFY ANY INFORMATION YOU GATHER FROM OUR SERVICES, AS A POSSIBILITY EXISTS THAT OUR SEARCH RESULTS COULD BE INACCURATE.
5. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE SERVICES, OR WITH THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES AND CANCEL THE SERVICES SUBJECT TO THE CANCELLATION POLICIES SET FORTH HEREIN.
LIMITATIONS OF LIABILITY
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDCaller BE LIABLE UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OR DAMAGE TO DATA, COST OF COVER, LOSS OF ANTICIPATED REVENUE OR PROFITS, WORK STOPPAGE OR IMPAIRMENT OF OTHER ASSETS, ARISING FROM OR IN CONNECTION WITH THESE TERMS OR IDCaller'S PERFORMANCE HEREUNDER OR THE USE, MISUSE, OR INABILITY TO USE, IN WHOLE OR IN PART, THE SERVICE OR SERVICES, OR OTHER MATERIALS OR SERVICES PROVIDED BY IDCaller, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT IDCaller HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDCaller'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS, THE SERVICES, AND OTHER MATERIALS OR SERVICES PROVIDED BY IDCaller, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EXCEED THE LESSER OF: (I) FIFTY U.S. DOLLARS ($50) OR (II) THE TOTAL FEES ACTUALLY PAID TO IDCaller BY YOU UNDER THE PURCHASE ORDER CORRESPONDING TO THE SERVICE OR SERVICES IN RESPECT OF WHICH THE LIABILITY AROSE AND LIMITED TO THE AMOUNT OF SUCH FEE CORRESPONDING TO THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE FIRST CLAIM GIVING RISE TO SUCH LIABILITY AROSE. YOU AGREE THAT IDCaller'S SUPPLIERS AND AFFILIATES WILL HAVE NO LIABILITY OF ANY KIND UNDER OR AS A RESULT OF THIS AGREEMENT. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES SET FORTH IN THIS AGREEMENT.
2. UNDER NO CIRCUMSTANCES SHALL IDCaller BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
APPLICATION OF LIMITATIONS AND DISCLAIMERS TO CONSUMERS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where such consumer is located.
BASIS OF BARGAIN. The warranty disclaimer and limitation of liability set forth above in Section 8 and 9 are fundamental elements of the basis of the agreement between IDCaller and you. IDCaller would not be able to provide the Services on an economic basis without such limitations. The warrad limitatinure to the benefit of IDCaller's suppliers.
EXCLUSIONS Notwithstanding anything in these Terms to the contrary, IDCaller will have no responsibility or liability of any kind under these Terms, arising or resulting from: (i) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by IDCaller; (ii) nonconformities resulting from your, or your Authorized Users', or any third party's misuse, abuse, negligence, or improper or unauthorized use of all or any part of the Services, or other services provided hereunder by IDCaller; (iii) modification, amendment, revision, or change to the Services, including any underlying technology or content therein, by any person other than IDCaller; or (iv) any other factor outside of IDCaller's reasonable control.
AVAILABILITY OF THE SERVICES. Information describing the Services is accessible worldwide but this does not mean the Services or certain portions thereof are available in your country. IDCaller may restrict access to the Services or portions thereof in certain countries. It is your responsibility to make sure its use of the Services is legal in your country of residence. The Services may not be available in all languages. If at IDCaller's reasonable determination, you use the Services or any other material or services provided by IDCaller under these Terms in a manner that violates laws, creates an excessive burden or potential adverse impact on IDCaller's systems, in addition to any of its other rights or remedies, IDCaller may, without liability to IDCaller, immediately suspend or terminate your access to the Services.
ASSIGNMENT, WAIVER AND SEVERABILITY. IDCaller's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. IDCaller may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
CONTROLLING LAW. These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming without application of conflict of laws rules.
DISPUTE RESOLUTION. Before filing a claim against IDCaller, you agree to try to resolve the dispute informally by sending a notice of dispute via email to:
Email: [email protected]
Subject Line: "Attn: Legal"
The notice must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief sought. If a dispute is not resolved within 60 days of after we receive your notice, either you or we may bring a formal arbitration proceeding with the American Arbitration Association ("AAA").
AGREEMENT TO ARBITRATE
1. Arbitration Please read the following sections carefully, as they affect your rights. You and IDCaller agree to resolve any claims relating to these Terms or the Services through final and binding arbitration. This agreement to arbitrate is intended to be broadly interpreted, and includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. You acknowledge that these Terms evidence a transaction involving interstate commerce, and thus the United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in these Terms.
2. Opting-Out of Arbitration. YOU MAY OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING IDCaller WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. YOUR NOTICE MUST INCLUDE: (I) YOUR FULL NAME (FIRST AND LAST); (II) THE EMAIL ADDRESS YOU USED TO REGISTER YOUR ACCOUNT; AND (III) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE.
3. Costs of Arbitration. IDCaller will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. You will pay the fees for any arbitration you initiate, in accordance with the AAA Rules. However, if you initiate an arbitration after attempting to informally resolve a dispute in accordance with these Terms, and are seeking relief valued at $300 or less (both to you and us), IDCaller will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, IDCaller will pay all such fees in excess of $20. After IDCaller receives notice at the email address above that you have commenced such an arbitration, IDCaller shall promptly reimburse you for any portion of the filing fee you have paid that IDCaller has agreed to pay.
4. Frivolous Claims. If the arbitrator determines that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set for the in Federal Rule of Civil Procedure 11(b)), then: the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules and you agree to reimburse us for any amount we have paid on your behalf to the AAA. IDCaller shall not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
5. Arbitration Procedures. You agree that one arbitrator from the AAA will arbitrate the dispute under the AAA Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as modified by this arbitration provision. The award of the arbitrator shall be accompanied by a reasoned opinion. The arbitration will be held in the United States county where you live or work, or any other location that we mutually agree to.
6. No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You may not bring a claim as part of a class arbitration, class action, private attorney general action, or consolidation with other arbitrations.
7. Judicial Forum. In the event that this agreement to arbitrate is found not to apply to you or your claim, you and IDCaller agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Wyoming. Both you and IDCaller consent to venue and personal jurisdiction there, and waive any objection as to inconvenient forum.
8. Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Services must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
9. Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you agree that if IDCaller makes any future change to this arbitration provision (other than a change to the notice email address above, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
ENTIRE AGREEMENT. These Terms, the Privacy Policy and the Additional Terms are the entire and exclusive agreement between you and IDCaller (excluding any services for which you have a separate agreement with us that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between us and you regarding the Services. These Terms create no third party beneficiary rights.
CHANGES TO THE SERVICES OR THESE TERMS. We may change, update, or add or remove provisions of these Terms at any time by posting the updated Terms at terms. Your use of our Services after we have updated the Terms shall constitute your acceptance of all of the updated Terms. In the event of any conflict or inconsistency between these Terms, our privacy policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in our Services or otherwise communicated to users of the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination. If you do not agree with any of the updated Terms you must stop using the Services.
QUESTION OR ADDITIONAL INFORMATION. If you have any questions regarding these Terms, please send an email to [email protected].