YOU AGREE THAT YOUR USE OF THE WEBSITES AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD SNAPCOM OR THEIR LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITES OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
We do not recommend use of the Services where the risk of non-connection or loss of connection carries a material risk. Accordingly, You may only use the Services if You accept that all such risk is Yours and You should insure accordingly.
THE LIABILITY OF SNAPCOM, AND THEIR LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SNAPCOM OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO SNAPCOM OR THEIR LICENSORS AND SUPPLIERS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITES OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SNAPCOM AND YOU. THE WEBSITES AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.
To the extent allowed by law Snapcom disclaim all liability for the use of the Services, in particular:
-Any liability we have of any sort (including any liability because of our negligence) is limited to the amount of the actual call charges paid by You to Us for the call in question.
-We have no liability for any unauthorized use or misuse of the Services by You or anyone else.
-We have no liability either to You or any other Participant of Your conference call for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings You expected to make, wasted expense, financial loss or data being lost or harmed.
We are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication Services or for faults in or failures of their networks and equipment.
SNAPCOM , ON BEHALF OF THEMSELVES AND THEIR LICENSORS AND SUPPLIERS, HEREBY DISCLAIM ALL WARRANTIES RELATING TO THE WEBSITES AND SERVICES. THE WEBSITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNAPCOM , ON BEHALF OF THEMSELVES AND THEIR LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITES AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER SNAPCOM, NOR THEIR LICENSORS OR SUPPLIERS WARRANT THAT THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER SNAPCOM NOR THEIR LICENSORS OR SUPPLIERS HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITES OR SERVICES. ADDITIONALLY, SNAPCOM, has not AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY KIND ON THEIR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTY.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATIONS OF LIABILITY IN ANY OTHER AGREEMENT OR AGREEMENTS BETWEEN YOU AND SNAPCOM OR BETWEEN YOU AND ANY OF SNAPCOM’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SNAPCOM’S LICENSORS AND SUPPLIERS, ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITES OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
Each part of this Contract that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.
Nothing in this Contract shall exclude or limit Snapcom’s liability for death or personal injury caused by its gross negligence, fraud, or other matters that cannot be excluded or limited by law.
Indemnity by You.
You agree to defend, indemnify and hold harmless Snapcom, and their officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns and contractors from and against any and all claims, actions, demands, causes of action and other proceedings, including but not limited to attorneys’ fees and costs, arising out of or relating to: (i) Your or Your Participants’ breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; or (ii) Your or Your Participants’ access to or use of the Websites or Services.
Termination of Agreement, Termination of ServiceS, and Suspension of PIN Code.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SNAPCOM RESERVES THE RIGHT TO, IN SNAPCOM’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITES OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
We can suspend the PIN Code:
-Immediately, if You materially breach this Contract and/or we believe that the Services are being used in a way forbidden by Section 8. This applies even if You do not know that the calls are being made, or the Services are being used in such a way. We will inform You of such suspension or termination as soon as reasonably possible and, if requested, will explain why we have taken this action;
-Upon reasonable notice if You breach this Contract and fail to remedy the breach within a reasonable period of being asked to do so.
-If we suspend the PIN code, it will not be restored until You satisfy us that You will only use the Services in accordance with this Contract. We are under no obligation to restore Your PIN code and any such action shall be at our sole discretion.
-This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Snapcom.
-You may terminate this Agreement at any time, for any or no reason at all, by providing Snapcom notice of Your intention to do so by email notice to customerservice@Snapcom.com. Such termination will be ineffective to the extent You continue to use the Services.
-Any termination of this Agreement automatically terminates all rights and obligations created thereby, including without limitation Your right to use the Websites and Services, except that Sections 7, 9, 10, 15, 17 (consent to receive email, disclaimers/limitation of liability, indemnity, intellectual property, jurisdiction) and 16 (general provisions) will survive any termination, and except that any payment obligation You may have relating to Your use of the Services under Section 6 shall remain outstanding and due and payable by You.
-Amendments and Changes
-Internet, communications, and wireless technology, along with applicable laws, rules and regulations relating to the same change frequently. ACCORDINGLY, Snapcom RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME. NOTICE OF ANY SUCH CHANGE WILL BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITES. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND THIS UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITES AND REFRAIN FROM USING THE SERVICES. We can change the conditions of this Contract at any time. We will give You as much notice as reasonably possible of any change to these conditions.
-You cannot transfer or try to transfer this Contract or any part of it to anyone else.
-If You do not use the Services for at least 6 months we reserve the right to remove the PIN allocated to You from the system.