Terms & Conditions

The following terms and conditions govern all use of the Callnomics.com website and all content, services and products available at or through the website (taken together, the “Website”). The Website is owned and operated by Callnomics. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Callnomics's Privacy Policy) and procedures that may be published from time to time on this Website by Callnomics (collectively, the Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Callnomics, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Callnomics or its content suppliers and protected by US and international copyright laws. The compilation of all content on this Website is the exclusive property of Callnomics and protected by US and international copyright laws. All software used on this Website is the property of Callnomics or its software suppliers and protected by US and international copyright laws. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Callnomics or third-party trademarks. All data created by the application or third parties (call recordings, caller information, et cetera) is owned by Callnomics and we have the right to release, modify, or delete it.

If you use this Website, you are responsible for maintaining the confidentiality of your Callnomics account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Callnomics reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

Callnomics reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Callnomics may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

You are solely responsible for properly canceling your account. All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled. All service charges accrued up until the cancellation date must be paid in full. Callnomics, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Callnomics service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Callnomics reserves the right to refuse service to anyone for any reason at any time. All provisions of this Agreement which by their nature should survive cancellation or termination shall survive cancellation or termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

THERE IS NO WARRANTY FOR THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING CALLNOMICS AND ITS SUPPLIERS AND LICENSORS PROVIDE THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE IS WITH YOU. SHOULD THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL CALLNOMICS, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SERVICE TO OPERATE WITH ANY OTHER SERVICES), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold harmless Callnomics and the other Released Parties, against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement. You agree to use the Website only for lawful purposes. You agree to indemnify Callnomics and the other Released Parties against any usage of the Website you undertake that may lead to legal recourse by any 3rd party.

This license is governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict of laws provisions. Exclusive venue for all litigation shall be in Phoenix, Arizona. If you choose to access the Site from locations other than Arizona, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Callnomics and the other Released Parties for your failure to comply with any such laws.

You agree that Callnomics, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of Callnomics products or services.

You may choose to or we may invite you to submit comments or ideas about current or future offerings from Callnomics, including without limitation potential improvements to Callnomics products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Callnomics under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

You may not reverse engineer, reverse compile, create derivative works, reduce to human readable form, or attempt to see the source code of any software associated with Callnomics. You may not attempt to discover the source code, underlying ideas, algorithms, or user interface techniques behind Callnomics by any means, directly or inderectly, or disclose of the foregoing to another party.

You may not use our services in any way that is illegal or fraudulent. You may not use any means to manipulate our service or use our service to violate any law, rule, regulation or any third party’s intellectual property or personal rights. It is your responsibility to ensure that you are following all laws, wheter local, national, or international, on call recording or wiretaping.

We reserve the right to review your account and take further action if account usage is beyond normal standards, impermissible or detrimental to other customers’ ability to use the service or adversely affects our operations. If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and provide you with the opportunity to correct the improper usage. If you fail to correct usage activity to conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates or suspend or terminate your service with or without notice. If we believe that our service has been used for an unlawful purpose, we may immediately terminate your service with or without notice and/or forward the relevant communication and other information to the appropriate authorities for investigation and prosecution. We reserve all of our legal rights.

If any provision of these Terms shall be deemed 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. Callnomics may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Callnomics, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Callnomics regarding your use of the Website, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Callnomics regarding your use of the Website. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.