RINGBRANCH TERMS OF SERVICE
These Terms of Service set forth the terms and conditions that apply to the telephone access service as described herein that CallBranch, LLC (“RingBranch”) offers through ringbranch.com, and the use of the website ringbranch.com (the “Website”). As a condition of your use of the services defined herein, you agree to the Terms of Service and have indicated your acceptance of the Terms of Service through the registration process.
1. The Service
a. Description
RingBranch provides you a phone number (the “Access Number”) through which you will be able to access third party phone numbers in the continental United States through an automated system. You will upload the target phone numbers through the website RingBranch operates, but you will access the service through a third party telecommunication platform, which may be your wireless provider or your dedicated land line. Third parties will be able to contact you through the Access Number; such calls will be routed to a number you have identified in the registration process. However, when you use the Access Number to dial third parties, the person you are calling will see the actual number the underlying telecommunication provider has assigned to you. (the “Service”)
The Access Number you receive may or may not be a “local number” to you. That is, the area code assigned may be outside of your local calling area and you may incur long distance charges through the use of the Service. By subscribing for the Service you agree and acknowledge that you are responsible for any long distance connection charges that may be incurred.
During each thirty (30) day period, RingBranch will provide you the number of minutes of calling time to which you have subscribed (the “RingBranch Plan”). RingBranch may, but is not required to, provide you the opportunity to purchase additional minutes to supplement your RingBranch Plan if you exceed the initial minutes to which you have subscribed. In the event that RingBranch does not provide the ability for you to acquire additional minutes, you may subscribe for a new Access Number to obtain the additional calling time as you might need.
The Service is an overlay to your existing telecommunications service. Incoming and outgoing calls using the Service are connected through your underlying telecommunications service. Your underlying telecommunications provider will treat calls using the Service as any other call, and the calls using the Service will count against your airtime allowance. The time of calls through the Service, whether received or initiated, will also be deducted from your RingBranch Plan.
b. Limitation on Service
RingBranch is not a telecommunication service, nor does it intend to serve as your primary communication service. The Service may only be accessed from an existing telecommunication provider, whether wireless, landline or Internet based. RingBranch offers the service on an “as is” basis subject to limitations that may result from interruptions or unavailability of an underlying telecommunication provider, technical difficulties with our equipment or third party network connections, or any other reason.
c.
Eligible users
The Service is available for personal, non-commercial use only. You agree and acknowledge that the information you have provided in the registration process is true, current and accurate. You shall maintain accurate and current information as long as you subscribe to the Service.
d. Use of the Service
The Service may only be used for lawful purposes. You may not use the service to defame, abuse, harass, stalk or threaten a third party. Your use of the service must not be in a misleading, fraudulent, deceptive manner that either invades the privacy of a third party or creates a false identity.
Additionally, the Service is for personal, non-commercial purposes. You may not use the Service in connection with duplicative or unsolicited voice mails, telephone calls, including automated calls.
Currently, the service is only available to users whose calls originate and terminate in the continental United States (excluding Alaska, Hawaii and US Territories, including Puerto Rico) and Canada. RingBranch does not guarantee that an Access Number may be able to be reached from locations outside of the United States. You agree to comply with any laws, whether domestic or foreign, that may regulate the use of the service with international callers.
The use of the service is restricted to individuals over the age of thirteen (13). RingBranch will not knowingly collect personal information from visitors or users under thirteen for activities on the website. Upon discovery of the use of the services by an individual under the age of thirteen, his/her subscription will be terminated immediately and all personal information deleted.
e. Modification or Discontinuance of the
Services
During the term of your Services, RingBranch may modify or discontinue the Service at anytime with or without notice to you. You shall not be entitled to a refund of any fees paid in the event that RingBranch shall discontinue the services. You agree and acknowledge that RingBranch shall not be liable in any way for the discontinuance of the services.
f. Services Not Provided
RingBranch is not a telecommunications service. It does NOT provide access to 911, or any other emergency services, hospital, law enforcement agency, medical service provider. Additionally, the RingBranch Service does not provide access to operator assisted calls, collect calls, third party billing calls, 900 or calling cards. Nor does the service support information access calls including, but not limited to, 311 and 411 calls.
The Access Number RingBranch provides you shall not be listed in any telephone directories. However, RingBranch reserves the right to publish such a directory in the future, with or without an additional fee.
g. Compatibility of Services
Certain telecommunication providers, including wireless carriers, may prevent, attempt to prevent, or succeed at preventing the use of the Services. RingBranch does not guarantee that the Service will be compatible with all telecommunication providers, nor does RingBranch warrant that the Service is compatible with any particular telecommunication provider, and RingBranch expressly disclaims any express or implied warranty regarding the compatibility of the Service with any particular telecommunication provider.
2. License
RingBranch grants you a limited, personal, non-exclusive, non-sub-licensable, nonassignable license to access the Service, and any incumbent software or applications that may be required to offer the Service. The right, title and interest to the Services, including all copyrights, trademarks, patents or other intellectual property rights, shall remain proprietary to RingBranch.
You grant RingBranch the license to any proprietary information you provide to facilitate your use of the services, including the phone numbers and identifying information you provide for third parties.
3. Ownership and Transfer of Access Number
RingBranch will assign you an Access Number for use during the term of this Agreement. You agree and acknowledge that you do not own or have a permanent interest in the Access Number, and that all ownership interests belong to RingBranch.
During the course of the Term of this Agreement, as defined in Section 5, RingBranch may change your Access Number to (a) provide for a local number, if one was not available at the time of your registration, (b) respond to a change in area code, (c) or for any other reason. You agree that RingBranch shall have no liability for damages resulting from the change, and/or reassignment of the original Access Number to another subscriber.
Additionally, RingBranch does not provide for, or allow, the transfer of the Access Number to any other telecommunications provider (a/k/a “porting”) during the Term of this Agreement, as defined in section 5, or after the termination of this Agreement.
4. Pricing
After an initial trial period, or the conclusion of a beta period during which no fees are charged, the Service shall be offered for a fee RingBranch sets (the “Service Fee”). RingBranch shall post the fees, and associated plans, at www.ringbranch.com/faq.aspx#financial.
Payment in U.S. currency is due in advance of activating, or use of, the Service. The Service Fee is due in advance prior to the first day of service, or the next subscription period. The fees and plans may be revised at any time, and shall be effective upon your renewal of the subscription.
RingBranch may, at its sole discretion, modify the Service Fee upon thirty (30) day notice to you. RingBranch reserves the right to charge fees for additional services that it may offer you from time to time, including international calling plans and additional minutes for RingBranch Plans.
5. Term
The Service shall be offered on a thirty (30) day basis (the “Term”) that commences on the first date on which the Service has been subscribed. The Term of the Service shall renew automatically for thirty (30) days unless you have canceled the RingBranch Plan prior to the commencement of a new Term as provided at www.ringbranch.com/cancelservice.aspx. There are no cancellation or disconnect fees if you terminate the Service under this section. During the beta period, the term shall commence on the first day on which the Service has been subscribed and terminate on the date on which RingBranch alerts you that the beta period shall end.
6. Termination
RingBranch reserves the right, in its sole discretion, to suspend, discontinue or terminate your Service at any time if it determines that you have violated the Terms of Service. Such suspension, discontinuance or termination may be immediate and without notice.
Upon termination of the Service, whether voluntary or involuntary, RingBranch may immediately delete and deactivate your account and all related information and files and reassign the telephone number associated with your account and prevent any access to the Service.
No refunds of the Service Fee shall be provided if you terminate the Service prior to the end of the term. RingBranch shall not be liable to you or any third party for any reason for terminating the Service.
7. Confidentiality
You are solely responsible for maintaining the confidentiality of the password and access number RingBranch provides you. You are responsible for all transactions and activities that occur as a result of the use of the Services, whether or not access was authorized.
8. Privacy
The provisions of RingBranch Privacy Policy, as may be amended from time to time, are incorporated by reference into these Terms of Service. RingBranch shall exercise reasonable care with the personal data, including the phone numbers and identifying information you provide to facilitate the provision of the Services. RingBranch will only disclose such information to third party service providers as required to provide the Services.
Similarly, RingBranch may disclose your private information, including personally identifiable information, as is required by law or in response to governmental or quasi-governmental authorities subpoenas, court orders, or other legal request, for investigations, hearings or similar proceedings to verify or enforce compliance with these Terms of Service or applicable laws, or related to the misuse or unauthorized use of the Service. RingBranch’s right to disclose information extends to any disclosure we believe is required to limit RingBranch’s legal liability.
9. Limitation of Liability
IN NO EVENT SHALL RINGBRANCH BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES, ARISING UNDER CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY FOR THE USE, OR INABILITY TO USE THE SERVICE. RINGBRANCH SHALL HAVE NO LIABILITY FOR THE INABILITY TO ACCESS EMERGENCY SERVICE, PERSONNEL OR TO OBTAIN EMERGENCY HELP THROUGH THE USE OF THE SERVICE. RINGBRANCH SHALL NOT BE LIABLE FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY REGARDLESS OF THE CAUSE, INCLUDING, BUT NOT LIMITED TO: AN ACT OR OMISSION OF AN UNDERLYING TELECOMMUNICATIONS CARRIER; EQUIPMENT FAILURE, UPGRADE OR UNAVAILABILITY; FORCE MAJEURE EVENTS SUCH AS ACTS OF GOD, ACTS OF NATURE, STRIKES, FIRE, WAR, RIOT, ACTS OF TERRORISM, OR GOVERNMENT ACTIONS; AND OUTAGE OF, BLOCKING OF PORTS OR APPLICATIONS BY, OR IMPLEMENTATION OF TIERED SERVICE LEVELS BY YOUR TELECOMMUNICATIONS PROVIDER OR OTHER IMPEDIMENT TO USAGE OF THE SERVICE CAUSED BY A THIRD PARTY.
RingBranch’s aggregate liability for all claims and actions will in no case exceed the lesser of either six months of Service Fees or the amounts you have actually paid during the term of your Service.
10. Warranties
THE SERVICES RINGBRANCH PROVIDES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND RINGBRANCH MAKES NO GUARANTEES, REPRESENTATIONS OF ANY KIND OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED OT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES. RINGBRANCH MAKES NO WARRANTIES ARISING OUT OF THE USE OF THE SERVICE, OR THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS. FURTHERMORE, RINGBRANCH DOES NOT WARRANT THAT THE SERVICE WILL BE MADE AVAILABLE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, LOSS OF VOICE QUALITY OR DATA. RINGBRANCH DOES NOT GUARANTEE EITHER THAT YOUR TELECOMMUNICATION SERVICE PROVIDER WILL NOT BLOCK ACCESS TO THE SERVICE, OR THAT THE USE OF THE SERVICE DOES NOT VIOLATE YOUR TERMS AND CONDITIONS WITH YOUR TELECOMMUNICATION SERVICE PROVIDER.
11. Indemnification
You will defend, indemnify and hold RingBranch, its officers, directors, employees, affiliates and agents harmless from any and all claims, losses, damages, fines, penalties, costs and expenses, including without limitation attorney fees, resulting from any negligent acts, omissions or willful misconduct by you, or as a result of your use of the Services, or by your breach of these Terms of Services.
12. Miscellaneous
a. Governing
Law
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of this Agreement shall be in the state or federal courts in Fulton County, Georgia. This Agreement is not governed by the United Nations Convention on the International Sale of Goods.
The parties will make a reasonable attempt to resolve any disputes relating to the terms, interpretation or performance of this Agreement (other than claims for preliminary injunctive relief or other prejudgment remedies) through mutual consultation before resorting to any other dispute resolution mechanisms.
b. Authority
You represent and warrant that you are at least 13 years of age, or the applicable age of majority in your state, and that you possess the legal right to subscribe to the Service, and enter this Agreement.
c. Force
Majeure
Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance.
d. Relationship
of the Parties
This Agreement is a services agreement and is not intended to, and will not, constitute a lease of any real or personal property. The relationship of the parties is that of vendor and vendee. This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between RingBranch and you.
e. Assignment
RingBranch may assign all, or part, of its rights or duties under this Agreement without notice to you, provided any such assignment does not alter the Service provided to you. You may not assign the Agreement to any third party.
f. Entire
Agreement and Waiver
These Terms of Service constitute the complete and exclusive agreement between you and RingBranch with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter. Any failure of either party to exercise or enforce its rights under this Agreement shall not act as waiver of subsequent breach or a release.
g. Notices
All notices from RingBranch to you shall be sent to you at the email address provided through the registration process. Notices from you to RingBranch may be made either by email (legal (at) ringbranch dot com) or by first class mail to RingBranch at the address listed on the Contact Us section of ringbranch.com.
h. Modification
This Agreement may be modified anytime at RingBranch’s sole discretion, and you agree to be bound by such modifications. Modifications shall be effective thirty (30) days after the amended/revised Agreement has been posted on ringbranch.com. RingBranch may notify you of any amendment/revision to this Agreement through an email to the address set forth in the registration. However, you agree that your use of this Website and Service does not require such actual notice of modification to this Agreement and that you will periodically consult the Terms of Services at http://ringbranch.com/tos.aspx to ascertain if any changes may have been made.
Last Modified: January 28, 2008