These Terms of Service (“Terms”) apply to your access and use of the website(s) and mobile applications of KORR Communications Corporation (hereafter, the “Company” or “us”, "we", "our") , and the products and services available on such websites and mobile applications (collectively, the “Services”). The Terms include the Privacy Statement and Registration, which are available through the hyperlinks set forth below and are incorporated herein by reference.
BY ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE ANY OF THE SERVICES.
1. DESCRIPTION OF SERVICES
The Services may include supporting your connectivity to domestic and international audio calls, connectivity to audio conferencing services, connectivity to voicemail, general connectivity to audio dialing, connectivity to audio broadcasting services and other voice and messaging services. In addition, the we offer assorted features and applications as part of our Services. We reserve the right, in our sole and absolute discretion and with or without notice to you, to change, limit, withdraw, modify, or end the Services, including without limitation any content, functionality, features, or services offered in connection with the Services or how you connect and interact with the Services.
To use certain Services, You must download and install our application onto your mobile device. As part of the registration process for these Services, You agree to: (i) provide certain information about You as prompted to do so by the Services; and (ii) enter, update, and maintain this information as required to keep it accurate, current, and complete. The information requested on original signup shall be referred to as registration data ("Registration Data"). If we discover that any of Your Registration Data is inaccurate, not current, or incomplete, we may terminate Your right to access and use the Services immediately upon notice to You. We will evaluate the registration application and notify You within a reasonable time of its acceptance or rejection. We may reject a registration application if it determines, in our sole and absolute discretion, that the applicant is not an appropriate subscriber or user of the Services. We reserve the right to refuse the Service to any user for any reason, and we need not provide a reason for its rejection. You must be of legal age or older to register for the Service. By registering for this Service, You represent to us that You are 18 years of age or older. Upon Your acceptance of these Terms and completion of the registration process, You will have opened an account with us and will become a subscriber to the InteliDial Service.
We may ask users to provide certain information in exchange for the use of the Services and users may provide unsolicited feedback to us (collectively, “Feedback”). You agree You will not: (i) submit any Feedback not based on direct experience with the Services; (ii) attempt to manipulate the Feedback by posting Feedback more than once with respect to a particular experience or set of related experiences (except if InteliDial requests such information in more than one category); or (iii) post Feedback from an account other than the account assigned to You. In addition, you hereby grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable non-exclusive license to use, copy, reproduce, modify, adapt, publicly sell and license, and create derivative works from, the Feedback for any commercial, non-commercial, promotional or other purpose.
4. CARRIER FEES AND/OR TAXES
There may be fees associated with the use of certain Services. Although we do not anticipate any changes to its pricing policy, we reserve the right to institute new charges for access to or use of the Services at any time upon not less than thirty (30) days' notice to the You, sent to the email address You provide to us as part of the Registration Data. It is Your responsibility to regularly review pricing information for changes posted in these Terms. Your continued use of the Services or non-termination of the Services after changes are posted constitutes Your acceptance of the modified prices or other changes. You shall be responsible for all applicable taxes and surcharges assessed to recover the costs of any governmental programs, including, without limitation, universal service fund charges, excise taxes, value-added taxes, state and local sales, use, gross receipts and similar taxes (“Taxes”). You agree to pay all Taxes applicable to the Services, unless you provided to us acceptable documentation showing you are exempt) and/or duties (collectively, “Taxes ”) imposed by any government entity or collecting agency based on the Services or Services, except those Taxes based on our net income, or those Taxes for which You have provided a certificate to us confirming You are exempt. If You fail to satisfy Your Tax obligations herein, You agree to reimburse us for any Taxes paid on Your behalf, and to indemnify, defend, and hold us harmless against any claim, liability, or penalties resulting therefrom. Your long distance carrier may also impose long distance charges associated with your calling plan. Check with your long distance carrier for more information.
5. NO RESALE OR COMMERCIAL USE OF THIS SERVICE
Your right to use the Services is personal to You. You agree not to resell the Services, or other materials or any information obtained by You from us without the express written consent of KORR Communications Corporation.
6. USER CONDUCT
You are solely responsible for the content of Your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all United States laws, rules, and other regulations applicable in connection with the Services; (ii) not to use the Services for illegal purposes; (iii) not to interfere or disrupt networks connected to the Services including by introducing viruses or other technologically harmful materials; (iv) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret, or other intellectual property rights or rights of publicity or privacy; and (v) not to transmit, through the Services, Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature. In addition, You will not attempt to gain unauthorized access to other computer systems or attempt to override any security feature of the Services, and You will not interfere with another user's use and enjoyment of the Services or otherwise interfere with the proper functioning of the Services.
7. PROPRIETARY RIGHTS
You acknowledge and agree that the Services (including, without limitation, all content, information, data, items, materials, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, its licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. InteliDial and other names, logos, icons, and marks identifying our products and services are our trademarks and may not be used without our prior written consent. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver, or otherwise transfer, directly or indirectly, the account access granted to You (in whole or in part) or create derivative works of this Service without our prior written consent. In addition, You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Services. All rights not expressly granted in these Terms are reserved to KORR Communications Corporation.
Our use of any personal information You provide in connection with the Services is set forth in our most current Privacy Statement.
We may amend these Terms at any time by: (i) posting revised Terms on the Service; or (ii) sending information regarding the Terms amendment to the email address You provide to us as part of the Registration Data. All changes are effective immediately when posted, and will apply to all access and use of Services thereafter. You are responsible for regularly reviewing the Service to obtain timely notice of such amendments. Your continued of the Services after amended Terms have been posted or information regarding such amendment has been sent to You constitutes your acceptance of those Terms. Otherwise, these Terms may not be amended except in writing signed by both parties.
10. ACCESS CODES AND SECURITY
You must carefully safeguard all of your phone numbers that you dial. You are solely and exclusively responsible if You do not maintain the confidentiality of your account information. In addition, You are solely and exclusively responsible for any and all activities that occur under Your account. You must immediately notify us of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your account information has been stolen or otherwise compromised.
We may immediately terminate Your Account and right to use the Services if: (i) You breach these Terms; (ii) we are unable to verify or authenticate any information You provide to us; (iii) you provide false, misleading, or otherwise inaccurate information to us; or (iv) we decide, in our sole and absolute discretion, to discontinue offering the Services. Should You object to any of the Terms, or any subsequent modifications thereto, or should you become dissatisfied with the Services in any way, Your sole recourse is to immediately: (1) discontinue use of the Services; (2) terminate your membership; and (3) notify us of termination. Upon termination of membership, Your right to use the Services immediately ceases; however, certain payment obligations may still apply.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. KORR COMMUNICATIONS CORPORATION 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KORR COMMUNICATIONS CORPORATION MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, RELIABLE, ACCURATE, OR ERROR-FREE; (II) DEFECTS WILL BE CORRECTED; (III) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SERVICES; (IV) THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL COMPONENTS; OR (V) THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OR IS CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, ACCESS, OR DOWNLOADING OF THE SERVICES. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KORR COMMUNICATIONS CORPORATION OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL KORR COMMUNICATIONS CORPORATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR REVENUE, EVEN IF KORR COMMUNICATIONS CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KORR COMMUNICATIONS CORPORATION’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, CAUSES OF ACTION, LOSSES, AND COSTS IN THE AGGREGATE IS LIMITED TO $100.
You hereby agree, at Your sole cost and expense, to indemnify, defend, and hold KORR COMMUNICATIONS CORPORATION harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to: (i) a third-party claim, action, or allegation of infringement based on information, data, files, or other content submitted or transmitted through the Services by You; (ii) any fraud or manipulation, or other breach of these Terms by You; or (iii) any third-party claim, action, or allegation brought against KORR COMMUNICATIONS CORPORATION arising out of or relating to Your use of the Services.
15. GENERAL TERMS
These Terms are governed in all respects by the laws of the State of California, without giving effect to its choice or conflict of law principles. Both Parties submit to personal jurisdiction in California and further agree that any cause of action relating to these Terms shall be brought in a court in Los Angeles County, California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain valid and enforceable. KORR COMMUNICATIONS CORPORATION’s failure to act with respect to a breach of these Terms by You does not waive KORR COMMUNICATIONS CORPORATION’s right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each Party's successors and assigns. KORR COMMUNICATIONS CORPORATION shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond KORR COMMUNICATIONS CORPORATION’s reasonable control. Unless otherwise provided in this Agreement, KORR COMMUNICATIONS CORPORATION will send any notice(s) to you that may be required or permitted under this Agreement to the email or mailing address you provide as part of the Registration Data. Any notice to KORR COMMUNICATIONS CORPORATION must be sent via email to firstname.lastname@example.org. Notices so given shall be deemed effective when received, or if not received by reason of fault of addressee, when sent. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter herein and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
You understand and agree that You are solely and exclusively responsible for periodically reviewing these Terms.