Terms of Services

RingClear, LLC ("RingClear, LLC") is providing users with access to its interactive telephone services, web site, and other media properties (the "RingClear Service"), subject to the terms and conditions of this Terms of Use Agreement (the "Terms of Use"). Any new features, changes to update or improve the current RingClear Service, and the availability of new RingClear, LLC services, shall be subject to this Terms of Use Agreement unless explicitly stated otherwise.

  1. YOUR ACCEPTANCE OF THESE TERMS OF USE
    Please read the Terms of Use carefully before using or registering for the RingClear Service. By using or registering for the RingClear Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the RingClear Service.

  2. MODIFICATION OF TERMS
    We reserve the right to modify and restate the terms and conditions of the Terms of Use Agreement, which modification(s) shall be effective immediately upon being posted on the RingClear, LLC web site. You are responsible for reviewing these terms and conditions regularly. Your continued use of the RingClear Service shall be deemed to be your conclusive acceptance of all modifications to the Terms of Use Agreement.

  3. PRIVACY POLICY
    By using or registering for the RingClear Service you acknowledge that you have read and accept the RingClear Privacy Policy. Before using or registering for the RingClear Service, please carefully read the RingClear Privacy Policy.

  4. BUSINESS RELATIONSHIP AND PRIOR EXPRESS CONSENT
    When using the RingClear Service, your interaction can be classified either as Active or Passive. Active Interaction occurs when you either call into the RingClear Service or interact with a message that you have received through the RingClear Service, such as by listening to it again, replying to it, or taking other actions with respect to either the message or other RingClear Services. Passive Interaction occurs when you receive a message through the RingClear Service but do not actively interact with the message at all. As a condition to and consideration for using the RingClear Service, you agree that your Active Interaction with the RingClear Service establishes a business relationship with RingClear, LLC with respect to the phone number from which you're calling from, and constitutes prior express consent on future calls to deliver pre-recorded promotional notices for the RingClear Service along with the messages. If you do not agree to establishing this business relationship or to granting prior express consent, or if you have a phone number in which a prior party has established a business relationship with RingClear, LLC or granted prior express consent, and you would like to withdraw such consent, you may, upon hearing a live message, simply choose to block the RingClear Service by pressing seven (7) on your keypad. You may also write to us at RingClear, LLC, 14 Azalea Way, Boxford, MA 01921, or call us at 978-213-9992 to request removal.

  5. USE OF CALLER ID AND AUTOMATIC NUMBERING INFORMATION
    To enable people to reply to your RingClear, we may use the automatic numbering information provided by the telephone network (similar to caller ID-type information) to recall the reply number you previously entered and send it along with your RingClear message. Before using this information, and whether or not you have blocked your caller ID, we will ask you to enter the number for purposes of a reply. We will then use this permission on all future calls to the RingClear Service and will not ask you to enter your reply number again. Your reply number may be disclosed to the party receiving your message. By using the RingClear Service to send a message, you agree to allow RingClear, LLC to use the automatic numbering information to recall your reply number and to disclose this number to recipients of your message. If you do not wish to use the automatic numbering information to recall your reply number, you may not use the RingClear Service.

  6. REGISTRATION INFORMATION
    You agree, as a condition of your use of the RingClear Service, to provide RingClear, LLC with accurate and complete information when registering for or using the RingClear Service, and to update and maintain such information. RingClear, LLC has the right to suspend, restrict or terminate your use of the RingClear Service and to refuse any future use of all or portions of the RingClear Service if RingClear, LLC has reason to believe that you have failed to comply with these requirements.

  7. BILLING
    RingClear account holders are invoiced monthly.

  8. TELEPHONE CHARGES
    You obtain access to the RingClear Service by dialing the toll free number 1-800-768-6324 within the continental United States. You are, however, responsible for any telephone toll charges you incur when dialing from outside the United States, or other connection charges you may incur when calling RingClear's toll-free number (for example, cellular or mobile phone charges you may separately incur).

  9. MINIMUM AGE
    If you are under the age of thirteen, you are prohibited from using or registering for the RingClear Service. By using or registering for the RingClear Service, you warrant to RingClear, LLC that you are above the age of thirteen. In addition, parents of children between the ages of 13 and 18 should be aware that the RingClear Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the RingClear Service is inappropriate for your child.

  10. ACCOUNT SECURITY
    When you are registered, you select an account identifier, also called an Account Phone Number, and a password. You are responsible for protecting the confidentiality of your password and account identifier, and are fully responsible for all activities that occur under your password or account identifier. You agree (a) to exit from your account when you conclude each session, and (b) to immediately notify RingClear, LLC of any loss, compromise or unauthorized use of your password or account identifier or any other breach of security. You may notify RingClear, LLC by sending an e-mail to password@RingClear.com or by writing to RingClear, LLC, 14 Azalea Way, Boxford, Massachusetts 01921. RingClear, LLC will not be liable for any loss or damage of any kind should you fail to comply with these requirements.

  11. RESTRICTION AND MODIFICATION OF SERVICE
    You agree that RingClear, LLC may limit your use of the RingClear Service, including without limitation the frequency and duration for which you may access the RingClear Service, and that RingClear, LLC has no responsibility or liability for any unavailability or limitation on use of the RingClear Service. In addition, RingClear, LLC reserves the right at any time to limit access to, modify, change or discontinue the RingClear Service, or any part thereof, with or without notice. You agree that RingClear, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the RingClear Service. You acknowledge and agree that RingClear, LLC may establish general practices and limits concerning use of the RingClear Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the RingClear Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that RingClear, LLC has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the RingClear Service. You acknowledge that RingClear, LLC reserves the right to sign-off accounts for which account information is incorrect, such as an expired or non-valid credit card number. You agree and RingClear, LLC reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

  12. YOUR CONDUCT
    As a condition of your use of the RingClear Service, you agree and warrant to RingClear, LLC that you will not use the RingClear Service for any purpose that is unlawful or prohibited by this Terms of Use Agreement. You may not use the RingClear Service in any manner that could damage, impair, disable or overburden the RingClear Service, interfere in any way with RingClear, LLC' rights, interfere in any way with any other user's use and enjoyment of the RingClear Service, or otherwise infringe on any person's rights.

    Specifically, you agree and warrant to RingClear, LLC that:

    • You will not use, or attempt to use, the RingClear Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person's privacy or proprietary rights.
    • If you are sending commercial messages to customers, you will use, or attempt to use, the RingClear service to only contact people with whom you have a prior business relationship or have obtained their prior written consent, as provided by rules of the Federal Communication Commission (FCC) in 47CFR Part 64 and the Federal Trade Commission (FTC) in 16 CFR Part 310 (You may review these FCC regulations at FCC.Gov and FTC regulations at FTC.Gov.;
    • You will not use, or attempt to use, the RingClear service to contact any person who has previously requested that he or she not be called and that you maintain a list containing the names and phone numbers of such people, as required by the rules of the FCC and the FTC;
    • You will not use, or attempt to use, the RingClear Service in connection with any chain letters, spamming, or messages that are unsolicited or unreasonably duplicative;
    • You will not send, or attempt to send, messages to emergency lines, to any Healthcare facility or similar establishment, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call;
    • You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
    • You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with RingClear, LLC, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
    • You will not resell, or attempt to resell, the use of the RingClear Service without express written permission from RingClear, LLC;
    • You will not collect, or attempt to collect, or store information about the RingClear Service or other users, including contact information, without their consent;
    • You will not interfere, or attempt to interfere, with or disrupt connections to the RingClear Service or violate the regulations, policies or procedures of such connections;
    • You will not attempt to gain unauthorized access to the RingClear Service, other accounts, computer systems or networks connected to the Service;
    • You will follow the letter and spirit of this Terms of Use Agreement and all applicable laws.
      You agree and RingClear, LLC retains the right, at its sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the Terms of Use Agreement. RingClear, LLC may terminate access to the RingClear Service if a User's conduct is found to be inconsistent with this Terms of Use Agreement.

  13. RECIPIENT ACCEPTANCE OF THE RINGCLEAR SERVICE
    As a condition of your use of the RingClear Service, you agree and warrant to RingClear, LLC that you will not use the RingClear Service to contact people who may object to receiving your message. If you do not agree to refrain from sending messages to people who may object, you may not use the RingClear Service.

  14. NO SPAM AND CONSENT TO DAMAGES
    Spam is the sending of unsolicited messages to people with which you do not have a prior relationship. RingClear will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging. Activities such as sending spam or other unsolicited messages can cause harm to RingClear (and our customer base) in numerous ways including, but not limited to, damaging the RingClear brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. Because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay RingClear liquidated damages of $5 (calculated as a fraction of reasonable customer acquisition costs for the Internet industry) for each piece of spam or unsolicited message transmitted from or otherwise connected with your phone number or account, otherwise you agree to pay RingClear's actual damages, to the extent such actual damages can be reasonably calculated.

  15. NO RESPONSIBILITY FOR CONTENT
    RingClear, LLC does not guarantee the accuracy, integrity, quality or appropriateness of any messages, , LLC, information, data, text, software, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the RingClear Service. You acknowledge that the RingClear Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that RingClear, LLC has no obligation to screen, preview, or monitor such Content. By using the RingClear Service, you agree that it is solely your responsibility to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the RingClear Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will RingClear, LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the RingClear Service.

  16. DISCLOSURE
    RingClear, LLC may provide statistics, unique identifiers, demographic, and other anonymous information about our users to customers, partners, Service Providers, and other third parties. You acknowledge and agree that RingClear, LLC may make such uses of information you provide or RingClear, LLC collects. While RingClear, LLC takes steps to protect your privacy, RingClear, LLC does not guarantee that your private , LLC, contact information and other identifiable information will never be disclosed in ways not described in RingClear, LLC' Privacy Policy. You acknowledge and agree that RingClear, LLC may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with the legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of RingClear, LLC, its users or the public.

    RingClear, LLC does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.

    As we continue to develop our business, we might sell or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that RingClear, LLC, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.

  17. SERVICE PROVIDERS
    The RingClear Service may provide users with opportunities to be transferred or linked to third party providers of products, services, advertisements or Content ("Service Providers") that may be accessible through and operate with the RingClear Service. RingClear, LLC does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Provider. RingClear, LLC is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve RingClear, LLC. You agree that RingClear, LLC is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.

  18. LIABILITY DISCLAIMER
    YOU AGREE THAT:

    A. IF YOU USE THE RINGCLEAR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE RINGCLEAR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RINGCLEAR, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    B. RINGCLEAR, LLC DOES NOT WARRANT THAT (i) THE RINGCLEAR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE RINGCLEAR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RINGCLEAR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE RINGCLEAR SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR RINGCLEAR COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE RINGCLEAR SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.

    C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE RINGCLEAR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.

    D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM RINGCLEAR, LLC OR THROUGH OR FROM THE RINGCLEAR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

  19. LIMITATION OF LIABILITY
    YOU EXPRESSLY AGREE THAT RINGCLEAR, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RINGCLEAR, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE RINGCLEAR SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE RINGCLEAR SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE RINGCLEAR SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE RINGCLEAR SERVICE.

  20. INDEMNIFICATION
    You agree to indemnify, defend and hold harmless RingClear, LLC, its officers, directors, owners, employees, agents, other service providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the Terms of Use by you or any harm you may cause to anyone. You agree and we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  21. PROPRIETARY RIGHTS
    RingClear, LLC owns all rights in the RingClear service structure, organization, and content. You acknowledge and agree that the RingClear Service and any necessary software used in connection with the RingClear Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws.

    RingClear, LLC grants to you a non-exclusive, limited license to use the RingClear service for personal or business use only. You may not reproduce the structure or organization of the RingClear service for reuse in other products or services, create derivative works of the RingClear service, reproduce, distribute, transmit, display, modify, reformat, publish, license, transfer, sell, or store the content provided through the RingClear Service, or provide others with access to the RingClear Service, except as set forth herein. You also may not authorize or assist any third party to do any of the things described in this paragraph. By using the RingClear Service, you represent and warrant that you will use the service only for lawful purposes and in accordance with these Terms of Use, and that you will not use the service to violate any law, regulation, or ordinance, or any right of RingClear, LLC or any third party.

    You may not modify, copy, distribute, transmit, displace, perform, reproduce, publish, license, transfer, or sell any information, products or services that you access or obtain from any portion of the RingClear Service. RingClear, the RingClear logo and other RingClear logos, product and service names may be trademarks, service marks or other intellectual property of RingClear, LLC (the "RingClear Marks"). You agree not to display or use the RingClear Marks in any manner without the prior permission of RingClear, LLC.

  22. NOTICE
    You agree that RingClear, LLC may communicate any notices to you, including notices of changes to the Terms of Use, through e-mail, regular mail or by posting of those notices on the RingClear, LLC web site or through the RingClear Service.

  23. ENTIRE AGREEMENT
    The Terms of Use Agreement governs your use of the RingClear Service and constitutes the entire agreement between you and RingClear, LLC. It supercedes any prior agreements between you and RingClear, LLC. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights RingClear, LLC possesses with respect to this Terms of Use Agreement.

  24. GOVERNING LAW AND ARBITRATION
    The User Agreement and the relationship between you and RingClear, LLC shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the RingClear Service or the Terms of Use Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with RingClear, LLC exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Burlington, Massachusetts. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.

  25. MISCELLANEOUS
    Any failure by RingClear, LLC to exercise any rights or enforce any of the terms of this Terms of Use Agreement shall not constitute a waiver of such rights or terms. If any portion of the Terms of Use Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the Terms of Use Agreement remain in full force and effect.
 
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