Effective Date: December 1, 2016
Thank you for visiting the website located at www.CallerSmart.com ("Site" or "Website"). The Site is an Internet property of Caller Smart Inc. ("Company ," "we" or "us"). You (“you”) agree to the following Terms and Conditions (“Terms and Conditions”), in their entirety, when you access or use our Site. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to use the Site in any manner or form whatsoever.
Caller Smart provides a database of publicly available sources of information aggregated for your convenience. The Data (as defined below) made available by and through the Site is provided for informational purposes only, and is provided by third party persons and/or entities that offer such information. While we are constantly updating and refining our database and Data, we do not represent or warrant that the information provided will be 100% accurate and up to date and, as such, Company shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site including, without limitation, the Data.
Company may amend these Terms and Conditions, in whole or in part, from time to time in its sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification.
The latest Terms and Conditions will be posted on the Site, and you should review the Terms and Conditions prior to using the Site.
By your continued use of the Site you hereby agree to comply with, and be bound by, the Terms and Conditions effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to these Terms and Conditions. You understand and agree that Company is not responsible or liable in any manner whatsoever for your inability to use the Site and/or the Data.
You agree that Company shall have no obligations and incur no liabilities to any party in connection with any Data. Company does not represent or warrant that the Data is accurate, complete or appropriate. You understand and agree that Company is not responsible or liable in any manner whatsoever for your inability to use the Site, the Data or for any dispute between you or other third parties. You understand and agree that Company shall not be liable to you or any third party for any claim in connection with your use of the Data and/or the Site.
You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and Data in accordance with these Terms and Conditions. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, you may only use the Data and Site for your own personal, non-commercial use.No part of the Site including, but not limited to, the Data, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, de-compile, disassemble, reverse engineer or transfer the Site, Data and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Data and/or Site. You may not use the Data and/or Site in conjunction with any other third-party content. You may not exploit any aspect of the Data and/or Site for any commercial purposes not expressly permitted by Company. You further agree to indemnify and hold harmless Company for your failure to comply with this Section. Company reserves any rights not explicitly granted in these Terms and Conditions. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
All Data and other material posted or made available by and through the Site including, but not limited to, the design, selection, arrangement and coordination of Data, is owned or licensed by or to Company, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in these Terms and Conditions, no part of the Site, Data or other material posted or made available by and through the Site may be reproduced, recorded, re-transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Caller Smart's prior express written consent.
Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Data or other material posted or made available by and through the Site. The posting of information or material at the Site by Company does not constitute a waiver of any right in such information and materials. Company reserves all rights not expressly granted hereunder.
The “Caller Smart” and “CallerSmart” name and logo are trademarks of Company. All custom graphics, icons and service names are trademarks of Company. All other trademarks are the property of their respective owners. The use of any Company and/or “Caller Smart” trademark without Our express written consent is strictly prohibited.
Disputes may arise between you and others or between you and Company related to the Data or other material posted or made available by and through the Site or commercial activity conducted by and through the Site. Such disputes could involve, among other things, the Data; other material posted or made available by and through the Site; use or misuse the Data; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; infringement upon rights of publicity and/or privacy; the use or misuse of information; and violations of law.
You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Data or other information that you transmit, re-transmit, post or receive through the Site are your sole and exclusive responsibility. Company expressly disclaims all responsibility and liability for uses by you of any Data or other information obtained on, through or in connection with the Site.
If you bypass or disable any portion of the Site or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Company systems, you are in violation of these Terms and Conditions and Company may suspend or terminate your use of the Site and/or the Data without notice. Termination of your account will not excuse you from any criminal or other civil liabilities that may result from your actions.
THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (e) WILL BE ACCURATE OR RELIABLE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA, AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ANY OTHER USERS OF THE SITE, THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (a) THE USE OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; AND (c) ANY OTHER MATTER RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE SITE AND DATA WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Caller Smart's liability shall be limited to the maximum extent permitted by law.
The Site contains links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use Caller Smart's name and logo on their third party websites. Company does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and resources, you agree that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
We are not a consumer reporting agency as defined in the U.S. Fair Credit Reporting Act ("FCRA"), and the information in the databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE OUR SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).
These Terms and Conditions shall be treated as though they were executed and performed in Tortola, British Virgin Islands and shall be governed by and construed in accordance with the laws of the British Virgin Islands (without regard to conflict of law principles). To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms and Conditions are personal between you and Company and govern your use of the Site. Caller Smart's failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of these Terms and Conditions.
The communications between you and us use electronic means, whether you visit the Website or send us e-mails, or whether we post notices on the Website or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
Mailing Address: CallerSmart Inc., 77-2785 Commercial Drive, Vancouver B.C. V5N 4C5.