The terms and conditions of use set forth herein ("Terms and Conditions of Use") apply to the entire group of internet web sites ("Web Sites") owned, operated, licensed, or controlled by Epazz, Inc. ("Epazz").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER EPAZZ WEB SITE.
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of any Epazz Web Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Epazz. No material from any Epazz Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the materials for any other purpose is a violation of Epazz's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Epazz.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a discussion group, chat area, bulletin board, or e-mail function offered as part of any Epazz Web Site. You shall not upload to, distribute through, or otherwise publish through a Forum on any Epazz Web Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of any Epazz Web Site to join or become members of any commercial online service or other organization is expressly prohibited.
It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of registration data, we will not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of any Epazz Web Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Epazz; (2) protect and defend the rights or property of Epazz; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Unless otherwise specified, the materials in any Epazz Web Site are presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The Epazz Web Sites are controlled and operated by Epazz from its offices within the State of Illinois, United States of America. Epazz makes no representation that materials in any Epazz Web Site are appropriate or available for use in other locations. Those who choose to access any Epazz Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions of Use are effective as of the first date materials from any Epazz Web Site are accessed (the ?Effective Date?) and shall continue in effect until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any Epazz Web Site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These terms will terminate immediately without notice from Epazz if in Epazz's sole discretion you fail to comply with any term or provision of these Terms and Conditions of Use. Upon termination, you must destroy all materials obtained from any Epazz Web Site(s) and all copies thereof, whether made under the terms of these Terms and Conditions of Use or otherwise.
THE MATERIALS IN any Epazz Web Site ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPAZZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EPAZZ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN any Epazz Web Site WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER EPAZZ WEB SITE OR THE SERVER(S) THAT MAKES THE EPAZZ.COM WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EPAZZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN any Epazz Web Site IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EPAZZ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EPAZZ BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN ANY EPAZZ WEB SITE, EVEN IF EPAZZ OR AN EPAZZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EPAZZ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS OR ANY OTHER EPAZZ WEB SITE(S).
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that any Epazz Web Site(s) contain links to outside services and resources, Epazz does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Illinois. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms and Conditions of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
LAST UPDATED: 08/30/08