Terms & Conditions
THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF Inbound call Pros Inbound call SERVICE AND YOUR RELATIONSHIP WITH inbound call pros. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE inbound call pros SERVICE.
"You" means you individually, any person, including any employer that you are acting on behalf of.
"inbound call pros"
"inbound call pros " is the service mark of Castlewood Marketing, Inc DBA Inbound call pros. All references to inbound call pros refer to Castlewood Marketing, Inc.
"SERVICES" AND "inbound call pros PORTAL"
All references to "Services" may refer to any service plan inbound call pros has you enter into with through use inbound call pros of a web portal (inbound call pros Portal"). These Terms and Conditions govern all plans may be available through the Portal, and an inbound call pros your use of the Portal. In the inbound call pros event of any conflict these Terms and
Conditions control any Plan Order form that you submit requesting Services ("Plan Order").
"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Smart Support Portal said materials are the proprietary and copyrighted work of inbound call pros and/or its suppliers. The definition of "Materials" does not include the design or layout of the inboundcallpros.com Web site or any other inbound call pros owned, operated, licensed or controlled site.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the inbound call Portal. Once inbound call a pros accepts the Plan Order submitted by you, then you will receive an email from inbound call pros at the email address that you provide or have provided to inbound call as part of the Registration Process for the Services. Inbound call not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by inbound call pros of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and the specifics of each Service Plan, inbound call pros will address your query using commercially reasonable efforts in providing appropriate solutions under the S
ervices. In most cases, inbound call will attempt problem diagnosis and a solution over the telephone, through chat or email, or other means as it deems most appropriate under the
circumstances. All undertakings under Service Plans are subject to inbound call pros Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 347-497-6982
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Inbound call pros has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made.
MONEY BACK POLICY
inbound call pros services are delivered on a state-of-the-art integrated delivery platform which allows us to support your inbound calls and/or, in association with our partners, by way of a visit to your home. If for any reason you are not wholly satisfied with the service, we will make every effort to resolve the issue..
ACCEPTABLE USE POLICY (AUP)
The inbound call pros Acceptable Use Policy is an integral part of these Terms and Conditions and is incorporated here by reference. If you have not yet reviewed the inbound call pros AUP, then please do so prior to agreeing to these Terms and Conditions. You agree that your use of the inbound call pros Portal, the Services, and/or any Materials will conform to and be
GUESTS: LIMITED LICENSE TO USE OF inbound call pros PORTAL
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Inbound call pros has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made. As a Guest you may use a inbound call pros Portal and Materials (defined below) specifically designated as available to guests on the inbound call pros Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by inbound call pros.
inbound call pros may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with inbound call pros employees and others as appropriate to
your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
LIMITED LICENSES TO USE THE SMARTSUPPORT PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the inbound call pros Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the inbound call pros Portal, Services, Materials or Software, other than as explicitly permitted by inbound call pros is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to inbound call pros and its suppliers. Reverse engineering and recompilation of the Software is strictly prohibited.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of inbound call pros reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in inbound call pros ability to schedule a support session.
You hereby release inbound call pros from any and all liability, and agree that inbound call pros shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Inbound call pros or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
corrections, updates and upgrades. The inbound call tracking Software may be used in the United States only, and any export of the inbound call tracking Software is strictly prohibited.
THIRD PARTY AGREEMENTS
As part of the Services, inbound call may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that inbound call may elect to make available from time to time. Violation of such third party provider's terms of service may, in inbound call sole discretion, result in the termination of your customer account and use of service.
inbound call pros AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. SMARTSUPPORT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMARTSUPPORT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL SMARTSUPPORT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE
SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary, in no event shall inbound call pros be liable to you in excess of the amounts actually paid by you to inbound call pros under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
inbound call at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of inbound call pros.
(a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
(b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, inbound call network, or the use and enjoyment of inbound call other users;
(c) inbound call receives an order from a court to terminate the Service you are using ;
(d) if inbound call for any reason ceases to offer the Service;
(e) if you are no longer a inbound call customer, or
(f) inbound call determines that you are abusing the Service.
Inbound call , in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Inbound call failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such
inbound call reserves the right to amend the Terms and Conditions, and the inbound call Portal at any time by (a) posting a revised version of the Terms and Conditions on the inbound call Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to inbound call in connection with registration. You are responsible for regularly reviewing the inbound call website to be notified of any amendments to the Terms and Conditions. Your use of the inbound call Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the state of Florida without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.
Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in Florida and shall be conducted in English.
©COPYRIGHT 2011 ALL RIGHTS RESERVED.