This Website
Terms of Use Agreement (“Website Terms”) is between you and CallEngine Inc.,
its past, present, or future parents, subsidiaries, affiliates, predecessors,
assignees, successors, and their respective agents, employees, directors,
officers, partners, and members (whether acting in their corporate or
individual capacity) (“CallEngine,” “we” or “us”), with a principal place of
business at 3780 14th Avenue., Markham, ON L3R 9Y5. Notwithstanding
any language in the Website Terms to the contrary, the Website Terms have the
same effect as an agreement in writing and govern your use of this site and its
content (the “Website”), your engagement of CallEngine services, your request
that CallEngine contact you about referral services. CallEngine Privacy Policy
applies to your use of this website.
About
The Website Terms
The Website
is a service made available by CallEngine. If you do not agree to the Website
Terms, you may not use the Website. We may modify the Website Terms at any
time. If you do not agree to the changes, you must discontinue using the
Website, discontinue using CallEngine services, rescind your request that CallEngine
contact you about its various services, and/or discontinue your participation
in CallEngine Program before the changes take effect. Your continued use of the
Website, use of CallEngine services, request that CallEngine contact you about referral
services after any such changes take effect constitutes your acceptance to such
changes. Each time you visit the Website, continue using CallEngine services,
and continue your request that CallEngine contact you about referral services,
you reaffirm your acceptance of the Website Terms. You are responsible for
regularly reviewing the Website Terms, by clicking on the “Terms of Use” link.
The Website Terms may be supplemented by additional terms and conditions
applicable to privacy, specific areas of this Website, or to where particular
content or transactions are posted in particular areas of the Website and,
together with the Website Terms, govern your use of those areas, content, or
transactions.
About
the Website
The Website
gives users information about CallEngine referral services, general educational,
comparison and informational resources and the ability to sign up for and
engage CallEngine services.
Using
CallEngine Services
You are not
required to sign up for CallEngine services in order to visit and read material
on the Website; however, you will need to sign up if you want it to assist you
in your efforts. If you do so, you agree to provide accurate and complete
information. You must be legally capable to enter into contracts. It is your responsibility
to make any updates to that information. Each sign-up is for a single person
only. We do not permit any other person to enroll in CallEngine services on
behalf of another unless you have an appropriate Power of Attorney. You are
responsible for preventing such unauthorized use. If you believe there has been
unauthorized use, you should notify CallEngine immediately by emailing info@callengine.com
Ownership
The Website
contains information, content or advertisements text, photographs, designs, graphics,
images, sound and video recordings, animation and other materials and effects
(collectively, the “Content”) that are protected by copyrights, trademarks,
service marks, trade dress, patents or other intellectual or proprietary rights
owned by CallEngine or other third parties. All trademarks and copyrighted
information contained on the Website are the property of their respective
owners. Further, CallEngine retains all rights (including intellectual property
rights), title and interest in the Website, technology, and all underlying
technology and data including any enhancements, software, applications and
improvements related to the Website (the “Technology”)(the terms Content and
Technology collectively will be referred to as the “Materials”). You may not
remove from any electronic or printed copy any copyright, trademark, or other
proprietary notice.
Use of Website and
Materials
CallEngine
provides the Website and the Materials for your individual, non-commercial use
and solely for the purpose of carrying out individual transactions with the
Website. Any other use of the Website or the Materials is strictly prohibited.
You may not, either directly or indirectly:
Modify, republish,
redistribute, delete, resell, sublicense, publicly perform, cache by proxy
the Website or Materials without the express written permission of CallEngine
or the applicable rights holder;
Use the Materials for
telemarketing, direct marketing, and commercial mass e-mail or by agents
or representatives or e-mail spammers;
Reverse engineer,
decompile, disassemble, merge, copy, use, disclose, rent, lease, loan,
sell, sublicense or transfer the underlying source code or structure or
sequence of the Technology or delete or alter author attributes or
copyright notices;
Use any network
monitoring or discovery software to determine Website architecture, or
extract information about usage or users;
Reformat or frame any
portion of the Website or Materials;
Use any device, software
or routine that interferes with the proper working of the Website, or
otherwise attempt to interfere with the proper working of the Website;
Take any action that
imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure;
Violate the Website
Terms, applicable law or the rights of others; or Disrupt or interfere
with the security of, or otherwise cause harm to, the Website.
Any permitted
use of the Website does not extend to using the Website or Materials for any
illegal purpose, or to transmit to or through the Website or to or through any
service any illegal, harmful, threatening, defamatory, obscene, hateful,
pornographic or other objectionable material of any kind, or to interfere with,
abuse or otherwise violate the legal rights of any third party using the
Website or Materials.
Without
limiting other remedies, we may limit, suspend, or terminate our service and
user accounts, prohibit access to our website, remove hosted content, and take
technical and legal steps to keep users off the Website if we think that they
are creating problems, possible legal liabilities, or acting inconsistently
with the letter or spirit of our policies. We also reserve the right to cancel
unconfirmed accounts.
License
By using the
Website, uploading content to or submitting any materials for use on the
Website, you grant (or warrant that the owner of such rights has expressly
granted) CallEngine 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 and/or information
generated through use of the Website or incorporate such materials and/or
information generated through use of the Website into any form, medium, or
technology now known or later developed throughout the universe. We need these
rights to host and display your content.
Automated
Activity
The Website
may use robot exclusion methods, which include robots.txt files and HTML meta
tags, which expressly allow and/or exclude specified automated programs from
accessing certain portions of the Website. Much of the information on the
Website is updated on a real time basis and is proprietary or is licensed to CallEngine
by our users or third parties. You agree that you will not use any robot, spider,
scraper or other automated means to access the Website for any purpose,
including but not limited to performing “offline” searches and mirroring,
without our express written permission as indicated in the then current
robots.txt file or HTML meta tags on the Website. Additionally, you agree that
you will not bypass our robot exclusion methods or other measures we may use to
prevent or restrict access to the Website.
Linking
You may
provide links only to the homepage of this Website, provided (a) you do not
remove or obscure, by framing or otherwise, any portion of the homepage, (b)
you give CallEngine notice of such link by sending an e-mail to info@callengine.com
and (c) you discontinue providing links to this Website if requested by CallEngine.
If you wish to provide links to a section within the Website, you should
forward your request to CallEngine at info@callengine.com and CallEngine will
notify you if, within its sole and unfettered discretion, permission is
granted, and, if so, the terms and conditions of the permission.
Representations
You represent
and warrant to us that (a) you are legally capable to enter into contracts, (b)
you are providing us at all times true, accurate and up to date information
about yourself, (c) you will comply at all times with the Website Terms and
applicable law and (d) your use of the Website and any transactions that you
make with us will not violate the rights of any third party.
Disclaimer
CallEngine
makes every effort to ensure the information presented in, on or through its
Website is accurate; however, CallEngine makes no guarantee as to such
information, and is not responsible for any resulting loss or damage.
Warranty,
Liability, Indemnification
CallEngine
makes no representations regarding the availability and performance of its
Website. You hereby acknowledge that any use of the Website and reliance upon
any Materials shall be at your sole risk and that CallEngine shall not be
liable for any loss of data, lost profits or any other damages or losses
resulting from such use.
THE WEBSITE
AND MATERIALS ARE PROVIDED BY CALLENGINE ON AN “AS IS” BASIS AND AS AVAILABLE,
WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE. CALLENGINE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED
CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL
JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR
REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.
IN NO EVENT
SHALL CALLENGINE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR
CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH
RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH
THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM
ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD,
COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. CALLENGINE SHALL NOT BE LIABLE FOR
ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET.
Some provinces/states do not allow the exclusion or limitation of liability of
consequential or incidental damages, so the above exclusions may not apply to
all users; in such provinces/states liability is limited to the fullest extent
permitted by law.
CALLENGINE
DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL
ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN
HORSES”, OR THEIR HARMFUL COMPONENTS. CALLENGINE ENTIRE LIABILITY AND YOUR SOLE
AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY CALLENGINE
SHALL BE CANCELLATION OF YOUR ACCOUNT.
Indemnity
You agree to
indemnify, defend, and hold harmless CallEngine, its officers, directors,
employees, agents, representatives, vendors and distributors from and against
any and all claims, liabilities, damages, losses, costs, expenses, or fees
(including reasonable attorneys’ fees) that such parties may incur as a result
of or arising from your (or anyone using your account’s) violation or breach of
any representation or obligation under the Website Terms. We reserve the right to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you and, in such case, you agree to cooperate with our
defense of such claim.
Privacy
We may,
subject to and in accordance with our Privacy Policy for marketing and other
purposes, collect, process and transmit certain data obtained from and about
you in the course of your accessing the Website or during a phone consultation,
including information collected in the course of an abandoned transaction. By
agreeing to the Website Terms you agree to such data being so used and further
agree that it may be transmitted to others whether or not within Canada or the United
States in accordance with our Privacy Policy and under applicable privacy and
data protection legislation.
Electronic
Notices and Transactions
You agree to
transact with us electronically. This means you agree to accept any terms and
conditions and to transact any business with us by electronic means, which
includes receiving all documents in HTML or PDF format and communicating over
the Internet. You also certify that you are at least 18 years of age and have
access to the Internet to receive CallEngine services, to request that CallEngine
contact you about its referral services, to participate in CallEngine Referral
Program, and to view, print and retain all documentation. You authorize us to
send you important notices about the Website and any pending transactions to an
email address you provide to us, if you are a member of CallEngine or have requested
that we contact you about our referral services. It is your duty to keep your
email address up to date and to maintain a valid email address and to ensure
that emails we send you are not filtered or stopped by spam filters or other
types of email blocking functionalities. If you no longer desire to transact
electronically with us, you may no longer use the Website or CallEngine
services.
Access
You are
responsible for obtaining at your own expense all equipment and services needed
to access and use the Website, including all devices, Internet browsers and
Internet access. If you access the Website or a Website application through a
mobile or wireless device, you are responsible for all fees that your carrier
may charge you for data, text messaging and other wireless access or
communications services.
Notice
Regarding Technology
Your use of
the Website must comply with all applicable laws in the territory in which you
access and use the Website.
Miscellaneous
CallEngine
reserves the right to investigate complaints or reported violations of the
Website Terms and to take any action CallEngine deems appropriate including but
not limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to user profiles,
e- mail addresses, usage history, posted materials, IP addresses and traffic
information. CallEngine reserves the right to seek all remedies available at
law and in equity for violations of the Website Terms, including but not
limited to the right to block access from a particular Internet address to any CallEngine
website. These incorporate by reference any notices contained on the Website
and constitutes the entire agreement with respect to access to and use of the
Website and/or your request that CallEngine contact you about referral services.
You agree that the provisions and covenants set forth herein are reasonable. In
the event that any provision or covenant of the Website Terms shall be held
invalid, illegal or unenforceable by a court or arbitrator of competent
jurisdiction for any reason, including but not limited to the scope thereof,
then such provision will be severed and replaced with a new provision that most
closely reflects the original intention thereof, and the remaining provisions
of the Website Terms will remain in full force and effect for the greatest time
period and for the broadest scope permitted by applicable law. Without limiting
the foregoing, you agree and request that if any court or arbitrator of
competent jurisdiction considers any provision or covenant of the Website Terms
to be overly broad based on the circumstances at the time enforcement is requested,
that such court or arbitrator construe and enforce the provision or covenant to
the fullest extent that such court or arbitrator deems reasonable.
THE WEBSITE
TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
PROVINCE OF ONTARIO, CANADA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN.
The Website
Terms constitutes the entire agreement and understanding between you and CallEngine,
except as you and CallEngine may later agree in writing to modify the Website
Terms. The Website Terms supersedes any and all prior agreements and
understandings, oral or written, relating to the subject matter hereof.
Confidentiality
of Information
ALL ARTICLES
AND MATERIAL DISPLAYED BY US ON THE WEBSITE ARE FOR INFORMATION ONLY (EXCEPTING
CALLENGINE PRIVACY POLICY AND THE WEBSITE TERMS, WHICH ARE BINDING CONTRACTS),
ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED
LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR.
FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST
RETAIN LEGAL COUNSEL. CallEngine does not represent or guarantee the accuracy
or reliability of any advice, opinion, statement, or other information
displayed or distributed through the Website. You acknowledge that any reliance
upon any such materials, opinion, advice, statement, memorandum, or information
shall be at your sole risk. CallEngine reserves the right, in its sole
discretion, to correct any errors or omissions in any portion of the Website.
Any information
contained on the Website with respect to results obtained by CallEngine is not
meant to indicate that the same or similar results can or will be obtained in
other cases or situations. Results will vary depending on the facts and
circumstances of each individual matter. Prior results do not predict, warrant
or guarantee a similar outcome. References to past or present members or the
circumstances of their specific matters do not constitute testimonials or
endorsements by such members, nor are they a guarantee, warranty or prediction
of the outcome of your matter.
Electronic
mail or other communications through this site to CallEngine (or any of its
employees, agents or representatives) are not secure. Accordingly, CallEngine
does not guarantee the confidentiality of such communications. You acknowledge
that transmissions to and from the Website are not confidential and your
communications may be read or intercepted by others. Any unprotected e-mail
communication over the Internet is subject to possible interception or loss, is
not confidential and is also subject to possible alteration. We are not
responsible for and will not be liable to you or any third party for damages in
connection with an e-mail sent by you to us or an e-mail sent by us to you, or
anyone you designate, at your request. Violators of this section who use our
services for any illegal purpose including but not limited to repeated unwanted
emails or “Spam,” may be prosecuted to the full extent of the law. You
acknowledge that by submitting communications to CallEngine, no confidential,
fiduciary, contractually implied or other relationship is created between you
and CallEngine other than pursuant to the Website Terms and any subsequent
written agreement entered into with CallEngine.
Please do not
use the information on our Website to distribute unsolicited bulk e-mails,
solicitations or inquiries. The foregoing acts will constitute a violation of
the Website Terms.
19.Contact
Information
Questions
about the Terms of Service should be sent to us at info@callengine.com
AccessMyFreeScore.com is a marketing and information site that will match you with credit score companies, advisors and credit counselors for assistance.
THE OPERATOR OF THIS WEBSITE IS NOT A CREDIT REPORTING COMPANY, does not make credit decisions, and does not charge any application fees whatsoever. This Website does not constitute an offer or solicitation to remove any negative items from your credit report. This Website provides a service wherein we submit the information you provide to one or more credit reporting companies and attempt to match you with a solution to assist you in retrieving your credit report. This service may not be available in all states, and the states serviced by this Website may change from time to time and without notice. Providing your information on this Website does not guarantee that you will receive your credit report. The credit reporting company you are matched with may perform a credit check or otherwise verify the information you provide. All financial terms of the credit reporting process will be provided to you by the credit reporting company. Credit reporting terms, conditions, and policies vary by company, state, and applicant qualifications. For details, questions, or concerns regarding the credit reporting process please contact your credit reporting company directly. In some situations, faxing or emailing of documents may be required. This disclosure is provided in accordance with the Federal Trade Commission's 16 CFR § 255.5: Guides Concerning the Use of Endorsements and Testimonials in Advertising. AccessMyFreeScore.com encourages you to confirm all costs involved with the credit reporting company prior to making any payments. Your access to this website is subject to its Terms and Conditions.