TERMS AND CONDITIONS OF SERVICE
Optincall, Inc. is a Florida corporation (referred to hereafter as "Optincall", "we", "our" or "us") which provides a service that connects consumers with merchants, via telephone calls at times and about goods and services pre-selected by consumers through individual accounts accessible through the Internet (this service is references hereafter as the "Program"). These Terms and Conditions of Service, referenced hereafter as the "Terms", govern your use of the Program, are an integral part of Optincall's services, govern use of any content, services, technology or other functionality found at the url www.optincall.com, Optincall, Inc. apps, or an Optincall partner site. Our website, whose home page is at www.optincall.com, is referred to herein as the "Site". An Optincall partner site is a business or website providing services to or through the Site, accessible through the Site or the Program. We hope you enjoy being a member of Optincall.
By opening an account under the Program, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and any other posted guidelines or rules applicable to the Site and any Optincall partner site. All such guidelines and rules which do not conflict with these Terms are hereby incorporated by reference; these Terms shall govern and control to the extent of any conflict.
RESERVED RIGHTS, AGE RESTRICTIONS AND OTHER TERMS
PLEASE READ AND REVIEW THESE TERMS CAREFULLY BEFORE USING THE PROGRAM. The domain and site, Optincall.com, is controlled and operated by Optincall. We may suspend or terminate your access to the Program for convenience. In general, your account will be suspended or terminated if you fail to comply with the Terms, or utilize or interact with the Program in a manner that we deem to be harmful to other users, to us, our subsidiaries, affiliates, or business partners, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. For avoidance of doubt, any such suspension or termination shall be in Optincall's sole discretion and may occur without prior notice or any notice.
By accessing and using this Site and creating an account under the Program, you are agreeing to be legally bound by this Agreement.
THIS SITE AND THE PROGRAM IS RESTRICTED TO USERS EIGHTEEN (18) YEARS OF AGE AND OLDER. By completing the registration process to create an account under the Program, you represent and certify that you are a minimum of eighteen (18) years of age, and can and will be legally bound by this Agreement. Inputting an incorrect birth date is grounds for immediate account termination. If for any reason you do not agree with all of the following terms and conditions, please immediately discontinue use of this Site and the Program. Optincall reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall immediately become effective upon the posting thereof. Please review these Terms to keep yourself apprised of any changes. Your continued use of the Site and the Program following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions to the Program.
You may access or obtain unique services, products and information through the Program. The features of the Program will change over time, and we reserve the right to modify the Program without prior notice.
The Program is designed to help you save time by reducing or eliminating the time you spend researching products and services through Internet based searches, or visiting websites. The Program is designed to reward you not only by helping you better organize your time, but also by providing you with discounts, coupons, money and the opportunity to win prizes for your Program participation.
From your account, you notify us about the products and services you want or need, such as, for example, car insurance, wireless or telephone service. You further register with us the phone number you want called by providers of the products or services in which you have noted your interest. You also indicate the maximum number of calls you want per month to the phone number(s) you registered, as well as the day(s) and time(s) you wish to receive the calls. For avoidance of doubt, the maximum number of calls per month shall constitute completed, bona fide calls; calls which were not answered, or which were not completed due to lack of interest or other reasons, will not count towards the monthly calling cap.
You may unregister your phone number, change the registered phone number, or add a phone number at any time, either through your account or over the telephone in the course of speaking with one of the advertisers participating in the Program.
Optincall will anonymously connect you with providers of the products and services in which you noted an interest, unless you affirmatively request that we share additional information about you and your interests. Depending on the products or services in which you are interested, you may be able to save additional time by electing to share such information. For example, in order to obtain an auto insurance quote, you will need to share additional information (e.g., number of cars you own, mileage, driving record, etc.); rather than provide this information to each auto insurer who contacts you through the Program, you may wish to release this information to the auto insurance Program participants in advance, in order to have a shorter call, obtain the insurance quote faster, or ask specific questions you have about the insurance, rather than spending time answering the questions needed in order to obtain the basic quote.
You will be offered rewards and prizes for your participation in the Program. The more you use the Program services, the more rewards and prizes you will be eligible to receive. If you have successfully purchased a product or service through the Program, you should visit your account and note that you no longer wish to receive calls for that particular product or service.
Optincall in no way warrants or guarantees the quality, veracity, value, or appropriateness of any of the goods or services promoted by third parties through the Program.
CONSENT TO ELECTRONIC COMMUNICATIONS, TELEPHONE AND EMAIL SOLICITATION
If you access Optincall from your computer, mobile device or mobile phone, you may incur charges from your wireless and/or broadband carrier, for the wireless minutes you use in speaking with advertisers, or for sending or receiving text messages or other communications, depending upon the terms of your wireless or broadband plan. Please contact your carrier or other service provider for details.
You further have an obligation, as detailed in the immediately following section entitled "DO NOT CALL REGISTRY", to make your intent known in situations when you register a phone number under the Program and also register the same phone number under a state or federal "do not call" registry.
DO NOT CALL REGISTRY
If you register a phone number with the Program, and you subsequently register that same phone number with a state or federal "do not call" registry, YOUR NUMBER WILL NOT BE SUSPENDED from the Program unless and until you suspend or un-register your number with the Program. You may add, modify, suspend or remove phone numbers registered under the Program at any time and for any reason by accessing your account and following the instructions to modify, suspend or un-register a phone number. You may also ask to have your phone number suspended from Program registration while speaking with any Program advertiser, or by clicking on the appropriate account link from any email you received under the Program. If you speak with a Program advertiser to request suspension of calls to your registered number, you agree to check your account within two business days to confirm its suspension; you further agree to email a request to OPTINCALL as instructed in your account to have your account permanently deleted if you so desire. Registering a phone number with the Program shows an intent to participate in the Program with the registered number, and it will be understood that registering the same number with a state or federal "do not call" registry is intended to apply to unsolicited commercial calls, not Program calls.
CONDUCT OF OPTINCALL USERS
The following is a partial list of conduct which is prohibited in the Program. Optincall reserves its right to investigate and to take appropriate action in its sole discretion against anyone who violates these guidelines, including without limitation, terminating the Program membership of violators and deleting their account, preventing, suspending, reducing or removing awards of Optincall points, or taking legal action to recover monetary losses, including litigation costs and damages:
· Registering a phone number under your account which does not belong to you or will not regularly be answered by you;
· Abuse of Optincall's communication technology, or using the Program to harass, or incite harassment of, any other person or group, whether by receipt of unwanted phone calls or email;
· Creating a Program account for any reason other than the intended normal and customary participation in the Program as described in these Terms;
· Lacking a bona fide interest in purchasing each product or service you select or maintain the selection of, in your account;
· misrepresent your identity or personal characteristics, or impersonate another individual;
· promote information that you know is false or misleading; or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
· solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
· seek to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· seek to access restricted or password only pages, or hidden pages or images (those not linked to or from another accessible page) from the Site;
· engage in commercial activities and/or sales without our prior written consent; or
· Harass, provoke or incite any other Program participant, including a Program advertiser, through comments made or messaged by you.
You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Program or the Site. In particular, you shall not:
· use any portion of the Optincall website or the Program for any unlawful purpose;
· hold yourself out as sponsored by, endorsed by, or affiliated with Optincall;
· intentionally list or register under your account or any Program account any phone number, email address or other contact information which is not yours or is not used by you in a normal and customary fashion;
· attempt to gain unauthorized access to Optincall's database or other computer systems; or
· attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Optincall in connection with the Site or the Program.
PROGRAM INFORMATION PROVIDED BY YOU
To the extent that portions of this Site and the Program provide you an opportunity to provide or exchange information, ideas, rankings or opinions (collectively referred to hereafter as your "Data"), please be advised that your Data does not necessarily reflect the views of Optincall. In no event shall Optincall assume or have any responsibility or liability for any Opinion or for any claims, damages or losses resulting from their use and/or appearance on this Site or in the Program. You hereby represent and warrant that you have all necessary rights in and to all Data you provide and all information they contain and that such Data shall not be intentionally inaccurate or untruthful, nor infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If you provide Data about your experience in speaking with a Program advertiser, you hereby authorize Optincall to use, and authorize others to use, your Data in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature.
COMMERCIAL USE BY MEMBERS
Organizations, companies, and/or businesses may become Program members and may use the Program and the Site to purchase products and services for their business. However, illegal or unauthorized uses of the Site, including trying to collect usernames or contact information such as phone numbers or email addresses of members by electronic or other means for the purpose of initiating unsolicited communications, or unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Opening, maintaining and using a Program account for any purpose other than to learn about and buy products and services offered by Program advertisers, in the manner described in these Terms, is an unauthorized use of the Site and the Program and is strictly prohibited.
TRADEMARKS AND SERVICE MARKS
Optincall and the Optincall wave logo are either trademarks, service marks or registered trademarks of Optincall, and the products and services described or offered on the Site and through the Program are either the trademarks, service marks or registered trademarks of Optincall, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without Optincall's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
PROPRIETARY RIGHTS AND COPYRIGHT
Optincall and its partners have expended substantial time, effort and funds to create the Site and the Program. All Site and Program software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of Optincall, Inc. and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
All elements of Content on this Site are either Copyright 2015 by Optincall, Inc., or are the proprietary property of Optincall's suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) in ways other than those expressly enabled by Optincall without the express prior written consent of Optincall. Use of Optincall and/or its licensors' Content is only permitted with their express written permission. All rights reserved.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES DESCRIBED BY THESE TERMS ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OPTINCALL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, OPTINCALL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH THE PROGRAM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPTINCALL DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL PROVIDED ON THE SITE OR THROUGH THE PROGRAM. OPTINCALL DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. OPTINCALL DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. OPTINCALL MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY OPTINCALL.
YOU UNDERSTAND AND AGREE THAT ANY PRODUCT OR SERVICE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS OBTAINED AT YOUR OWN RISK AND DISCRETION AND THAT OPTINCALL SHALL HAVE NO LIABILITY FOR ANY HARM OR DAMAGES YOU SUFFER OR LIABILITY YOU INCUR AS A RESULT OF YOUR PROGRAM PARTICPATION OR PURCHASE OF PRODUCTS AND SERVICES THROUGH THE PROGRAM..
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL OPTINCALL OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR THE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, EVEN IF OPTINCALL OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR THE PROGRAM, FROM INABILITY TO USE THE SITE OR THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ADDITION TO OR TERMINATION OF THE SITE OR THE PROGRAM, OR PARTICULAR FEATURES OF THE SITE OR THE PROGRAM, INCLUDING DAMAGES INCURRED BY THIRD PARTIES.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR THROUGH THE SITE OR THE PROGRAM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, GOODS AND SERVICES PROMOTED ON OR OBTAINED ON OR THROUGH THE SITE OR THE PRORAM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF YOUR ACCOUNT OR OTHER CONTENT STORED ABOUT YOU ON THE SITE OR THROUGH THE PROGRAM.
UNDER NO CIRCUMSTANCES SHALL OPTINCALL OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
TO THE FULLEST EXTENT PERMITTED BY LAW, OPTINCALL'S LIABILITY TO A USER FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE OPTINCALL PROGRAM AWARDS ACCRUED IN THE USER'S OPTINCALL ACCOUNT AT THE TIME A NON-APPEALABLE JUDGMENT OF DIRECT DAMAGES IS AWARDED IN FAVOR OF THAT USER BY A RECOGNIZED DECISION-MAKING AUTHORITY.
In some jurisdictions, limitations of liability are not permitted or are limited by law. In such jurisdictions, the foregoing limitation may not apply to you in whole or in part.
INDEMNITY AND RELEASE
In consideration for the payments made to you for your Program participation, as well as the other benefits provided to you as described in these Terms, you agree to indemnify Optincall and its parents, subsidiaries, affiliates, officers, employees, and licensors, and to defend and hold them harmless from and against any and all claims and expenses, including attorneys' fees, arising from your use of the Site and the Program, your sharing of Data under the Program, your unauthorized use of the Site or the Program, or from any person's use of any account or password you maintain under the Program, regardless of whether such use is authorized by you. By creating a Program account, using a Program account, or otherwise participating in the Program, you are further agree, to the fullest extent permitted by law, to release Optincall and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them, arising out of or in any way related to the Site, the Program, or products or services offered through the Program. You agree to waive California Civil Code Section 1542, if you are a California resident, and any similar provision in any other jurisdiction, if you are a resident of such jurisdiction, which states or substantially states that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
AWARDS AND ACCOUNT CLOSURE
Points, prizes, awards, sweepstakes entries, money, coupons or any other thing of value (referred to collectively as "Awards") which may be in your account at the time the account is closed, either by you or by Optincall, for any reason, shall be forfeit to Optincall. You agree to transfer out of your account any Awards you wish to retain, prior to closing your account.
Awards may not be transferred from one Program account to another Program account, or from one person to another person, including through events such as inheritance, divorce or bankruptcy. Awards in your Program account have no monetary value until they are converted or processed as further instructed in the rules and guidelines of your account's award center, and you have no property rights or other legal interests in such Optincall points or awards.
LIMITATION OF ACTIONS, JURISDICTION AND VENUE
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of or access to the Site or the Program, or any need to interpret these Terms, shall solely be filed in arbitration to be held in, or lodged in state or federal courts located in, San Diego, California. These Terms and all matters or issues requiring interpretation which arise from these Terms, use or access of the Site or the Program, shall be solely governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements executed and performed entirely within the State of California.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
All disputes or questions arising from or related to the Site or the Program shall be solely construed in accordance with, and all questions with respect thereto shall be solely determined by, the laws of the state of California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms, the Site or the Program or your use of the Site or the Program shall be settled by informal dispute resolution and, if that is not satisfactory, then by binding arbitration before a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Optincall shall bear the reasonable costs of the arbitration proceeding for both itself and the complainant, including the arbitrator's fee. The arbitration shall be conducted in San Diego, California, and judgment on the arbitration award may be entered into in any state or federal court in San Diego, California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in San Diego, California having jurisdiction thereof. Except as set forth above, the state and federal courts of San Diego, California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms, the Site or the Program. By opening or using a Program account, or participating in the Program, you are agreeing to these Terms, and consent to personal jurisdiction and venue in the state and federal courts in San Diego, California with respect to all such disputes.
No software from the Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
These Terms contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms are found to be illegal or unenforceable, the Terms will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
TERMS OF SERVICE LAST UPDATE:
This policy was last updated on August 1, 2016.