CUSTOMER SERVICE AGREEMENT
FOR
TRAPCALL.COM PHONE SERVICE
This Customer Service Agreement (the “Agreement”) sets forth all the terms and conditions associated with your use of the services offered by or through TrapCall.com.
Online Acceptance:
Your online acceptance of this Agreement will have the same legal effect as if you were providing a handwritten signature of acceptance.
TERMS AND CONDITIONS
1. Services
Provided
TrapCall.com offers you, among other things, the ability
to learn who is calling you before answering a call, to record calls,
to have voicemails transcribed, and to block all calls from selected
callers simply by configuring your phone using the software made available
on its Website (www.TrapCall.com)
(the “Website”). These services are provided for free and
do not require you to change your current telephone number or service
provider. A complete list of TrapCall.com services can be found on
the Website. NOTE: By using the voicemail transcription feature you are
authorizing TrapCall.com and its transcribers to access your voicemail box
and listen to your personal voicemails.
2. Acceptable Conduct
You agree to use the TrapCall.com services only for lawful purposes. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. TrapCall.com reserves the right to immediately and without notice suspend or terminate your Account and PIN in the event it determines that you have violated any such law or regulation, or any term or condition of this Agreement. We reserve the right to terminate your Account or use of the TrapCall service in the event of a violation of this policy, and to remove and discard any of your content stored within the service.
3. Legality of Call
Recording
You may not use the recording capability of TrapCall unless you have determined that your use is legal. Before recording any call, you should check the laws of your state and the laws of any state in which a person you are calling is located in order to determine if you need the other party’s permission to record a call. Even if your state only requires the permission of one party, you may make calls to or receive calls from people located in states that require the permission of both parties to record a call. If you record such a call without the knowledge and permission of the other person, you may be subject to criminal prosecution in the other state.
4. Conditional Call Forwarding and Voicemail
TrapCall.com's technology is based on your phone’s conditional call-forwarding feature. Conditional call-forwarding operates by forwarding ALL busy and unanswered calls to TrapCall.com's toll-free number for handling. By becoming a TrapCall.com customer, you acknowledge that the use of TrapCall.com's service requires conditional-call forwarding and that TrapCall will use its own servers and voicemail system to record and transcribe your voicemails. In addition, depending on the TrapCall.com plan you have chosen to subscribe to, TrapCall may also forward your voicemails to your mobile service provider’s voicemail system. You are solely responsible for any charges by your phone provider for using the conditional call-forwarding feature and any normal toll and/or long distance and plan minute usage that may apply.
5. Opening an Account
In order to become a TrapCall.com customer, you must complete an application form on the Website for a TrapCall.com account (“Account”) and provide a valid credit card number. As part of the application, you will provide TrapCall.com with a unique user. TrapCall.com will then send you an electronic notification (in the form of a voice mail message) confirming that you have become a TrapCall.com customer and the type of service, if any, that you purchased. The electronic notification will also provide you with a unique PIN, which you must use when accessing TrapCall.com.
6. Usernames
/Personal Identification Numbers
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PIN AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT USING YOUR PASSWORD AND PIN WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account, Username, Password and/or PIN are being used in an unauthorized manner, you agree to contact TrapCall.com within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the email address that you have provided to TRAPCALL.COM. Therefore, you should use a secure email address. TrapCall.com is not responsible for the actions of any person that accesses that email account. Please note that you are responsible for any and all charges to your account and that TrapCall.com cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card, password or PIN.
7. Payment
Certain TrapCall Services are provided for free. OTHER TRAPCALL.COM SERVICES ARE PROVIDED ON A PREPAID BASIS ONLY. As you use TrapCall.com’s services, your Account will be debited accordingly. No services will be provided if your Account does not have a sufficient balance to cover the cost of the service.
8. Rates
TrapCall.com’s rates are listed on its Website and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before using TrapCall.com’s services. Subject to the provisions of Paragraph No. 14 below, TrapCall.com reserves the right, at its sole discretion, to modify its rates at any time and/or to offer special promotions. TrapCall.com's rate structure is clearly outlined in the COSTS section of the TrapCall.com sign up page, located at http://www.TrapCall.com/signup. TrapCall.com reserves the right to pass any new government taxes, fees or surcharges on to customers by changing its rates.
9. Billing Information
TrapCall.com does not send invoices to its customers. Instead, you have confidential access to your billing information - for the current month and the prior three months only - on the Website. You are responsible for printing out your monthly statements, and TrapCall.com will not provide monthly invoices other than those available online.
10. Billing Disputes
You must notify TrapCall.com by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Account. TrapCall.com will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent TrapCall.com determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify TrapCall.com of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.
11. Email Notification
ou are responsible for maintaining a current and operational email address and for reading email from TrapCall.com so that we can notify you of updates to TrapCall.com’s service and any customer account information.
12. Consent to Communications
By entering into this agreement, you consent to the receipt of electronic mail (“e-mail”) from TrapCall.com and customer service phone communication. In addition to sending you e-mail notifications as provided for above, TrapCall.com may also send you e-mails about services and products we believe may be of interest to you. You may opt out of future e-mails about products or services by contacting us by e-mail at support@TrapCall.com. TrapCall.com reserves the right, however, to continue to contact you regarding important information relating to your account or this agreement.
13. Ownership of Account
TrapCall.com recognizes the person whose name is listed on the Account as the sole owner of the Account, even where payment on the Account is made using the credit card of a parent or other person.
14. Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card is required to sign up for services that involve monthly fees. Free account holders are not required to provide a credit card number.
2. If you initially sign up for a Bug Trap, Mouse Trap or Bear Trap account, and you don't cancel that account within 15 days, you will be billed monthly starting on the 15th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 15th day, you will not be charged.
3. The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, service upgrades or downgrade refunds, or periods when the account holder does not use the service. In order to treat everyone equally, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities directly on the services, and you shall be responsible for payment of all such taxes, levies, or duties.
5. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
15. Cancellation
You may discontinue service at any time by logging into your TrapCall.com Account and visiting the Cancel Account page or by emailing notice to TrapCall.com. We will then shut down access to your Account. You will not be entitled to any refund of the unused balance in your Account if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service. You are also responsible for properly deactivating TrapCall from your handset after cancellation.
16. Services Modification
We reserve the right to modify or discontinue, temporarily or permanently, TrapCall's services, with or without notice to users. However, when possible, we will attempt to contact you to notify you of any modifications to the TrapCall service.
17. Termination
TrapCall.com reserves the right, at its sole discretion and for any reason, to (a) terminate this agreement and your access to its services, upon five (5) days electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is suspected, TrapCall.com has the right to put an Account immediately on hold until further investigation takes place.
18. Disclaimer
Links to other web sites may at times be provided for your enjoyment, but TrapCall.com accepts no responsibility or liability for access to or the material on any web site which is linked from or to this web site. By providing links to other sites, TrapCall.com does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by TrapCall.com.
19. Limitation of
Liability
TRAPCALL.COM SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. TRAPCALL.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF TRAPCALL.COM HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAPCALL.COM IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICES. TRAPCALL.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
20. No Warranties
TRAPCALL.COM DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PUPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
21. Force Majeure
TrapCall.com shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of TrapCall.com.
22. Indemnity
You agree to indemnify, defend and hold TrapCall.com, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, your use of the WebSite or TrapCall.com’s services, including use in transactions or communications with third parties.
23. Arbitration
All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
24. Modifications/Amendments
This agreement may be modified or amended by TrapCall.com at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website. Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.
25. Trademarks
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of TrapCall.com (collectively "Marks"), including but not limited to “TrapCall.com” are and shall remain the exclusive property of TrapCall.com and nothing in this agreement shall grant you the license to use such Marks without the express written permission of TrapCall.com. TrapCall.com. retains ownership and all rights to the TrapCall.com name, logo, software, databases, reports, web site, and information. TrapCall.com reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by TrapCall.com. However, each individual user has the right to use the TrapCall.com name on their site to further promote the TrapCall.com service to the Internet community at large if they so wish.
26. Severability
If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this agreement will continue in full force and effect.
27. Integration -
Entire Agreement
This agreement, together with any written amendments or modifications, constitutes the entire agreement between you and TrapCall.com with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and TrapCall.com.
28. Governing Law
This agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York, without giving effect to its conflicts of laws principles.
