Terms & Conditions

Last Modified August 2022

Services

Our services and descriptions are subject to the terms and conditions of this Agreement; answer my business calls grants to you as an individual or single organization the following rights, provided that you comply with all of the terms and conditions of this Agreement. You can use the Services you select on the Answer my business calls website solely for your internal business purposes. Our sites services are for general audiences limited to persons 18 years of age and older, and any individuals with younger access or use are not authorized.

Limitation’s

This is a Contract for the Services, and you are not permitted any license including, without limitation, to any Answer my business calls Software hereunder. Furthermore, you are not licensed or authorized to directly or indirectly to perform any of the subsequent: (1) modify, translate, rent, sublicense including offering the Services to third parties on an outsourcing or service basis, or create derivative works based on the Services; (2) reverse engineer, decompile, disassemble, or otherwise try to discover the source encryption, object code or the fundamental structure, ideas, concepts or algorithms of, or originated at or through the Services or any software,records, data or materials related to the Services; (3) remove any proprietary notices or labels from the Services; (4) assign, loan, resell, copy, transfer or dispense the Services or related materials or create derived works constructed upon the Services or any part thereof; or (5) use of the Services in connection with any illegal, harmful, aggressive, abusive, harassing, defamatory, vulgar, obscene, profane, sexually explicit, hateful or otherwise intolerable intentions and purposes including, without limitation, any purpose that fosters fraudulent activity or encourages any type of behavior that would constitute a criminal act or offense, give rise to any problem or liability, or otherwise violate any applicable laws, rules or regulations. You represent and warrant that you will use the Services only in obedience to this Agreement and all applicable laws, rules, and regulations. You agree to use Answer my business calls in a manner that abides with all federal, state, and local laws. Our service requirement is to be utilized in a manner that is not deceptive or misleading.

Suspicion of Unauthorized or Illegal Use

Answer my business calls may constrict your use of or reserve the right to not offer you the Services if it accepts as accurate that the sale of your product or services is in breach of this Agreement or applicable law. You, at this moment, grant Answer my business calls authorization to share information with law enforcement agencies about you, your transactions, or your account if Answer my business calls reasonably construes that your use of this Service is for an unapproved, illegal, or criminal purpose or act.

Liability

Answer my business calls cannot be held liable for an error or misinformation provided by an Answer my business calls agent to your customer or prospect due to inaccurate script information, lack of text detail, confusing and misleading business materials and information, caller pressure, or any other instance in which an Answer my business calls agent is expected to respond. Answer my business calls also have the right in our sole discretion to limit, modify, revise, suspend, interrupt or discontinue all, some, or any portions of our sites and services at any time without notice. Our representatives and we will not be liable for any such modifications, limitations, interruptions, discontinuance or suspensions, or any purported losses, harm, or damages arising from or related to it.

Condition of telephone or cable lines, and state of Subscriber’s equipment

Subscriber agrees that Answer my business calls services will not be relied upon for critical reminders, alarms, emergencies, and the like where a system failure could cause costly, fatal, or otherwise critical severe damage or injury. The Parties recognize that computer systems may be unsuccessful and fail for reasons out of the control of Answer my business calls Accordingly, the Subscriber agrees to Answer my business calls is not and will not be liable for any loss thereof.

Reservation of Rights and Ownership

The Services are to be used and not licensed, transferred, or sold, and Answer my business calls reserves all rights not expressly permitted to you in this Agreement. The Services are safeguarded by copyright, trade secret, and other intellectual property laws. Answer my business calls owns the title, copyright, and any other intellectual property rights included in the Services. This Contract does not grant you any privileges or rights to trademarks or service marks of Answer my business calls. For the avoidance of doubt, all telephone numbers provided by Answer my business calls hereunder shall remain the property of Answer my business calls or its licensors, provided that Answer my business calls may make such phone numbers available for purchase at its discretion. Answer my business calls owns all the Content on the Site, including graphics, text, legends, customized graphics, original photographs, images, data, music, audio and video clips, titles, typefaces, button icons, designs, logos, phrases, and words, page headers, and Software as well as the design, coordination, arrangement, enhancement, and presentation of this material. Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, deleting, modifying, augmenting, distributing, downloading, reproducing, storing, adapting, sublicensing, or posting this Content or selected portions of, creating derivative works of this Content, or Content in any manner on any broadcast media, network computer, or other technologies in existence now or in the future developed for unauthorized publication or commercial use without the previous written consent of Answer my business calls are strictly prohibited. You, at this moment, agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble or exploit for any commercial functions any portion of the Site, use of the Site or access to the Site, or to collect any information about Site visitors or registered users of the Site.

Downtime and Service Suspensions

Subscribers must acknowledge that Subscriber’s usage may experience or can have interrupted Service for the period of any unscheduled or unanticipated downtime or unavailability of any portion or all of the Service for any cause, including as a result of power outages, system failures, or other interruptions, and Answer my business calls shall also be entitled, without any liability to Subscriber, to suspend the right to use to any fragment or all of the Service for any period, service-wide.

• (a) for scheduled downtime to permit us to perform maintenance or render alterations to Service.

• (b) in the event of a denial of service attack or another attack on the Service or another event that Answer my business calls determines, in its sole discretion, may create a risk to the applicable Service, to Subscriber, or any of our other customers if the Service were not suspended.

Answer my business calls shall have no liability for any loss, liabilities, damages (including any loss of profits or data), or any other consequences that Subscriber may incur as a result of any Service Suspension.

Authority and Accuracy of Information

You affirm that you have all of the necessary rights and authority to request and accept the Services hereunder and to provide to Answer my business calls any and all information you enter on the website (the “Site Information”). You also agree to permit Answer my business calls to access, use and disclose the Site Information as necessary to provide the Services. Regarding your use of the Services, you concur to provide current, accurate, and complete information about your company, yourself, and the products and services that you sell through the use of the Service, or as requested by Answer my business calls to maintain and rapidly update all such information as is essential to keep the information that Answer my business calls needs and relies upon as current, correct, accurate, and complete. By accepting the conditions and terms of this Agreement, you also represent and affirm that you are at least 18 years of age or older and that, if you have accepted the conditions and terms of this Agreement on behalf of any business (such as a partnership, corporation, LLC or other organization), you have the legal authority to do so. Any changes to information about your business or you should be made on the Answer my business calls website. If you provide information that is inaccurate, untrue, not current, or incomplete, Answer my business calls may terminate or interrupt your account and refuse any current or future use of the Services.

Interactions with Others

Our representatives and we are not parties to, have no involvement in or interest in, make no warranties or representations as to, and have no liability or responsibility with regard to any communications, connections, transactions, interactions, disputes, or any relations whatsoever between you and any other person, user or organization (“your interactions with others”). You must direct any necessary, appropriate, prudent, or judicious investigation, research, inquiry, or due diligence about your interactions with others.

Content and Conduct

a. Content Answer my business calls does not control and is not accountable for and makes no statements or warranties of any user content. Subscribers are solely liable for your access to, use of, and dependence on any user content. Subscribers must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, and due diligence on user content. Subscribers are also responsible for any content that you transmit or post, and if you establish an account, you are liable for all Content posted, conveyed, or shared.

Content banned from our sites and services includes but will not be restricted to: (1) unlawful subject matter; (2) content in facilitation of the creation, distribution, advertising, provision or receipt of illegal services or goods; (3) offensive Content (including, without limitation, court ordered libelous statements, hateful, threatening or pornographic subjects); (4) content that discloses another’s confidential, personal or proprietary material; (5) fraudulent or false Content (not limited to but including false, fraudulent or misleading responses to user ads transmitted via our services and sites); (6) malicious Content (including, without limitation, spyware or malware); (7) content that promotes,offers, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation goods and /or services, flagging or auto-flagging goods and /or services, mass telephone numbers, or any other product or Service that if used in conjunction with regard to our sites and services would breach these terms or our other legal rights; and (8) content that promotes, offers, advertises or provides links to uninvited products or services. You automatically permit and assign to us, and you represent and warrant that you have the right to authorize and assign to us a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to perform, copy, exhibit, distribute, prepare unoriginal works from (as well as, without limitation, incorporating into other works) and otherwise use any subject matter that you post. You also explicitly permit and assign to us all rights and causes of action to exclude and impose against any unauthorized replication, display, performance, use or exploitation of, distribution, or creation of derivative works from any content that you display or post, including but not limited to any unauthorized downloading, harvesting, extracting, collection or aggregation of Content that you post.

B. Conduct Answer my business calls do not control and are not liable for and make no representations or guarantees with respect to any user or user conduct. You are solely liable for your interaction with or reliance on any user or user behavior or conduct. You must perform any necessary, prudent, appropriate, or judicious investigation, research, inquiry, and due diligence with respect to any user conduct or user. You are liable for your activities and conduct on, through, or related to our services and sites. If you generate an account on our sites and services, you are liable for all conduct or activities on, through, or using your account.

Verification of Customers

Answer my business calls will accept all calls for the sale of your products or services. However, you are solely responsible for verifying the identity of your users and determining their eligibility to purchase your products and services. Answer my business calls does not guarantee, warranty, or assume any liability for transactions approved and fulfilled for you with your clients, prospects, or customers, even if reversed or charged back by your customers and their credit card companies or banks. You are solely liable for selling your products or services, and you agree to indemnify. Answer my business calls for claims made based on a customer’s use of your services or products that originated with a call made to or through the Service.

Customer Questions

You will provide us with scripted texts that enable our personnel to answer questions raised by your customers and prospects about your services and products. Answer my business calls will teach its call answering center personnel to answer questions about your services or products based on the scripted texts that you provide. Answer my business calls will use its best attempts not to deviate from your company’s scripts. Notwithstanding, you acknowledge that, in any human encounters regarding the purchase and/or sale of products and giveaways or services, it is not achievable to anticipate and prepare for every plausible question about your services and products that we may be asked. Therefore, in instances in which Answer my business calls call center staff cannot answer questions raised by your customers or prospects, Answer my business calls will direct their questions to you for a more detailed reply. You, and you alone, are responsible for providing more accurate answers to your caller’s questions that Answer my business calls cannot answer.

Access to the Services

Subject to the conditions and terms herein, only those persons (“Authorized Personnel”) you identify through the website who are authorized to access and use the Services. Answer my business calls will make available to you a Password for Account access for each such Authorized account, and Authorized Personnel shall obtain the Services through the Answer my business calls website solely through the use of their Passwords. You are liable for providing Authorized Personnel with adequate technology (e.g., hardware and Software) to gain access to the Services hereunder. Subject to the terminologies herein, you will use all reasonable measures to stop unauthorized admittance and access or entry into or use of the Services by any individual or entity, including, without limitation, ensuring that Authorized Personnel obeys the restrictions hereunder and any terms, conditions or rules that appear throughout the website from interval to interval, and keeping as well as ensuring that all Authorized Persons keep all user identification numbers and Passwords confidential and that they are not shared with any other person. You are responsible for all Password usage. If any Password is otherwise compromised. Answer my business calls is not liable for any loss or damage arising from failure to comply with this Section.

Call Recording

You acknowledge and agree that Answer my business calls may monitor and/or record any telephone calls between you and Answer my business calls, as well as any of your customer’s calls, processed threw Answer my business calls Virtual Receptionist service.

Content Responsibility

As part of Answer my business calls Services, Answer my business calls may offer you access to communications, media, and other services. Answer my business calls does not guarantee the accuracy, quality, integrity, or appropriateness of any messages, information, communications, text, data, sound, music, or other materials (“Content”) through Answer my business calls Services.

You acknowledge that Answer my business calls acts as a passive conduit for the distribution and transmission of your information and that Answer my business calls has no obligation to screen, preview, or monitor any Content.

By using Answer my business calls, you agree that it is solely YOUR RESPONSIBILITY to evaluate the correctness, completeness, usefulness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through Answer my business calls including Content that may be offensive, indecent or objectionable.

Under no circumstances will Answer my business calls be responsible in any way for any Content, including but not limited to, for any omissions or errors in any Content; loss, destruction, or degradation of any Content; or for any damage or loss of any kind incurred as a result of the use of any Content stored, accessed, sent, posted or otherwise transmitted via Answer my business calls. Answer my business calls cannot and does not guarantee the accuracy, quality, integrity, or correctness of any Content transmitted through the Sites and Services or to the Sites and Services. You acknowledge that answer my business calls simply acts as a passive conduit and an interactive computer service provider for the distribution and publication of user-generated Content. You comprehend that all posted on, transmitted through, or linked from the Service, are the sole liability of the person from whom such Content originated. You understand that Answer my business calls does not control and is not liable for Content or Service Provider Content made accessible through the Sites and Services and that by using the Services and Sites, you may be subjected to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your judgment and bear all risks associated with using any Content. You further acknowledge that Answer my business calls has no obligation to preview, screen, monitor, or approve any user-generated Content on the Services and Sites.

User generated content

You agree that all of the Content and information posted by you or your agents or designees on Answer my business calls, including but not limited to:

• Ratings & Reviews

• Photographs or Images,

• Comments, Questions and/or Answers,

• Any other content

• (known collectively as “Content”) is the single and exclusive property of Answer my business calls, and you have no permission to reproduce, publish, post, or otherwise use such information other than for your personal use relating to your service request.

1. 1. Our Right to Use Your Content. You agree and acknowledge that any Content you provide or post may be seen by the general public community and will not be treated as confidential, proprietary, or private. You permit us and our affiliates, licensees and sublicensees, without compensation to you or others, to adapt, copy, create derivative works of, incorporate, reproduce, publicly display, distribute, or otherwise use or exploit such Content throughout the world in any media or format (whether now known or hereafter created) for the extent or duration of any copyright or other rights in such Content. Such permission shall be continuous and may not be revoked for any cause. Further, to the extent permitted under applicable law, you release and waive and covenant not to assert and declare any moral rights that you may have in any Content provided by you or posted.

   2. Grant of License. You hereby grant Answer my business calls and its users a continual non-exclusive, transferable, royalty-free, assignable, sub-licensable, worldwide license to store, use, display, modify, reproduce, create derivative works, distribute, perform, publish, print, disseminate and place advertising adjacent and near and to your Content in any format or media (whether now know or hereafter created) on the Answer my business calls in any manner that we deem necessary or appropriate or including, if submitted, your name, likeness throughout the world, voice, and such permission shall be continuous and cannot be revoked for any reason.

   3. Representation of Ownership and Right to Use Content. By posting or providing any Content to Answer my business calls, you represent and warrant to Answer my business calls that you own or have all necessary rights to use the Content, and grant to Answer my business calls the rights granted and permitted below. The forgoing representation contains but is not limited to a warranty and representation that you own or have the necessary rights (including any required releases) to grant all rights granted below in relation to any places, persons, or intellectual property pictured in any photographic Content that you provide. Also, if you post or otherwise provide any Content that is safeguarded by copyright, you represent that you have attained any necessary permissions or releases from the applicable copyright owner.

   4. Content Guidelines. Answer my business calls reserves the right, but not the obligation, to abridge or edit, or refuse to post or eliminate any content that you or any other users post on Answer my business calls website if Answer my business calls determines (in its sole discretion) that such Content encompasses or features any of the subsequent:

1. 1. 1. Offensive, damaging or harmful, and or abusive language, including, without limitation: profanities, expletives, obscenities, vulgarities, harassment, sexually explicit language, and hate speech or dialog (e.g., discriminatory/racist speech.)

      2. References to unlawful activity or actions.

      3. Language that violates the standards of respectable taste or the standards of this Site.

      4. Statements that are or appear to be false.

      5. Comments that disparage answer my business calls.

Ratings & reviews are not endorsed by answer my business calls

All Ratings and Reviews of customers displayed to you reflect the opinions of other subscribers and do not reflect, suggest, or represent the opinions or representations of Answer my business calls. Answer my business calls disclaims any and all representations or warranties with regard to the Ratings and Reviews. Answer my business calls does not assume liability or responsibility for any Review or any damages, claims, or losses resulting from any use of the Site or the materials contained therein.

Taxes

Subscriber will be liable for any and all taxes, similar costs, and duties, imposed upon, due to, or arising from the Service.

Device, browser & responsive design limitations

Answer my business calls user experience will vary across different web browsers and mobile devices. Full-size monitors found on desktop/laptop models are required for some features to function fully. Answer my business calls will not guarantee/warranty compatibility with all devices and browsers. The Subscriber is responsible for maintaining current compatible devices and web browsers.

Billing cycle

All Answer my business calls subscription plans are billed monthly.

Subscription Fee

Answer my business calls will charge you a subscription fee to provide the Service. Your subscription is monthly. Your subscription fee is the amount you were charged for Your Subscription or Plan, not containing any discount or promotions that may have been utilized or applied. For this or other reasons, the Subscription Fee might be different than the amount paid by another new or existing member who paid for the specific or exact services in the same market. You acknowledge that Answer my business calls reserves the right, at any time, to modify its subscription Fees and billing methods. All Fees must be paid in advance.

Virtual Receptionist minutes/access

Virtual receptionist minutes can only be purchased in addition to Answer my business calls subscriptions. Answer my business calls will provide you with one NON-TRANSFERRABLE phone number per subscription to access the virtual receptionist service.

Customer greeting

Customer greetings is a unique company greeting. The greeting will follow the Answer my business calls format and will be played on every call received by an Answer my business calls virtual receptionist. The virtual receptionist greeting is not required for your answer my business calls virtual receptionist service. Company informational greetings are not included with subscription, additional fees are charged every time a new greeting is produced at your request.

Virtual Receptionist Timer and Account time

Virtual receptionist handled calls are billed on for all time processing customer requests. Virtual receptionist time is used when logging in and out of account, on the phone with you or your customer, completing other call-related tasks including but not limited to contacting Subscriber, texting, or completing data entry before or after a call has ended to satisfy that customer request.

Data usage and access fees

The Subscriber is responsible for all third-party data costs (cell phone and cable provider) imposed upon arising from accessing the answer my business calls services.

SMS (Short message service)

All SMS is a text sent from your answer my business calls account, including but not limited to appointment confirmations. Clients can only receive SMS texts with a cell phone number connected to a device capable of receiving text messages. Additionally, SMS will only work for Answer my business calls managed requests.

SMS Short message service & text Authorized Use

Answer my business calls will provide the Subscriber with Short Message Service (“SMS”) text as a service, which will be made available for access to the Subscriber’s client either on their computer or via the telephone. The Subscriber may use this Service during the Term of this Agreement to assist in appointment reminders, confirmations, and similar activities. However, the Subscriber is solely liable for the edible content of those messages. Answer my business calls does not, and will not, under any circumstances, decide the edible content of those messages.

Automatic Renewal

Answer my business calls will automatically renew your account plan by utilizing the credit card, debit card, or other payment information on file with Answer my business calls. Your plan will carry on, and your payment method will be charged for the account until you cancel the account, which you may do at any time.

If the payment processing for the renewal of Your account plan fails for any reason, we will try to reprocess your renewal for up to twenty-eight (28) days. Except as otherwise required by applicable law, you approve that Answer my business calls will NOT provide you with any notices before each renewal payment.

Canceling your account

You may cancel your subscription at any time by selecting cancel subscription on your settings/subscriptions page or calling your account representative, or contacting Answer my business calls by telephone at 1-800- 473-4768 or by email at support@answermybusinesscalls.com

Answer my business calls. Refund Policy

Answer my business calls refund policy for the Services is as follows.

All charges / payments / fees are FINAL

All charges/payments/fees from all Current and past Members/subscribers are NOT entitled to any refunds of any kind under any circumstances.

Payment and Payment Disputes

All payments (including applicable taxes) must be made by bank draft, or credit card, in United States dollars or any other currency as we stipulate. You are liable for all plan charges or additional fees incurred by you until the termination of your use of the Services. Availability and price of the Services are subject to change without notice. You agree to submit and maintain accurate payment card account information on the Answer my business calls website and to provide Answer my business calls with any changes in your card or bank account information at the time of the such event. If Answer my business calls (or its designated agent) does not receive payment authorization from your payment card clearing service, Answer my business calls may immediately terminate or suspend your use of the Services. You are liable for the payment of all charges associated with the use of the Answer my business calls website associated with your user ID and password. You understand and agree that Answer my business calls maintains the right to investigate your credit in connection with payment for the Services. You agree to pay all fees and attorneys’ costs in connection with Answer my business calls collection of past due fees hereunder in which Answer my business calls prevails. Services are offered on a plan fee basis, which means that payment will begin again automatically at the conclusion of the applicable and relevant period at the rate then in effect. The recurring fees for Services are billed in advance. Unless otherwise indicated by Answer my business calls in writing, all invoices are billed automatically to the credit card linked to your account. For amounts not paid when due, Answer my business calls may determine and assess, and you shall pay, a service charge accruing after that until the date of payment equivalent to the lesser of the fee of one and one-half percent (1.5%) per month, or the determined maximum lawful interest rate applicable. Also, Answer my business calls may assess, and you shall pay a service fee of $35.00 for each payment that is not dispersed or cleared (including credit card chargebacks) through the payment card or bank account information you provide and make available through the Site. Unless you take action to cancel your automatically renewing plan, Answer my business calls will automatically charge your payment debit, credit, or bank card listed on your account to renew the Services.

Authorization to Update Credit Card Account Information Account Updater

If the debit, credit, or bank card furnished by you to Answer my business calls has expired during an attempt to renew plan fees pursuant to this Section, You authorize Answer my business calls at our option to revise the expiration date and continue with billing using the same credit or debit card account. In addition, as a convenience to you, Answer my business calls contracts with a third-party service that refreshes expired, elapsed, or replaced debit card and credit card numbers with the numbers of any replacement cards so that your paid services don’t stop or lapse because the credit card or debit card information originally on file with Answer my business calls has expired or changed (“Account Updater”).

By registering for the Service, you authorize and give permission to Answer my business calls and disclosure of your debit or credit card information to Account Updater. You further agree to the third party’s use of such information solely in connection with Account Updater. You also consent to Answer my business calls and use and receipt of updated debit card or credit card account information from your bank or financial institution in connection and association with the provision of the Service.

Security and Fraud Controls

As a result of making the Services available to you, you will supply Answer my business calls with data regarding your products, services, and customers, defined as Site Information that will reside on Answer my business calls server. Answer my business calls will make commercially reasonable efforts to ensure the privacy of your data, to the same degree as Answer my business calls protects its own data and customer information. Answer my business calls intends to use your Site Information in a commercially reasonable manner for administrative and technical purposes only. However, Answer my business calls cannot guarantee or absolutely guarantee that sophisticated hackers may not compromise the storage and control of your Site data, or breaches influenced or affected by third parties upon whom Answer my business calls rely on secure and protect such information, despite Answer my business calls best efforts. Consequently, Answer my business calls cannot guarantee that unauthorized third parties will not defeat the Answer my business calls security measures or that your Site Information will not be used for improper purposes. You acknowledge that the use and storage of your Site Information is at your own risk.

Information you provide to us

Upon using Answer my business calls, you will be prompted to reveal and make known certain information about your service requirements and yourself. You will be able to store information, such as home services records, on our website. Some of this data will be sent to service professionals who will need this data to reply to your request. By providing this data to us or by submitting a service request, you are requesting. You expressly consent to being contacted by our service professionals and providers and by us via online, fax, email, phone, mail, text (SMS) messaging, or other reasonable means, at any of your communication addresses or numbers, even if you are listed on any state, federal, provincial or other applicable “Do Not Call” list, so that Answer my business calls may offer the services set forth on our Site, to Service your account as well as to reasonably address matters pertaining to your account, including but not limited to purposes reasonably related to your service request and our business, including marketing-related emails. We may retain your old personal information and Content in our backup files and archives until it is removed or deleted through our data storage procedures.

Your Privacy

The Subscriber’s confidentiality and privacy, along with the secure protection of your Site data, are essential to Answer my business calls. You hereby agree and accept that you have received, read in full, and approved the terms of our Privacy Policy, which is interconnected to and incorporated into this Agreement by reference, which contains your consent to our data collection, use, retention, and disclosure of personal information as well as other matters. The Privacy Policy also explains for what purposes and how we collect, retain, use, disclose and safeguard the data that you provide to us.

Privacy of Others

You represent to Answer my business calls that you are and will continue to be in compliance with all of the applicable privacy laws. The Subscriber also represents that you have obtained all necessary rights and consents under applicable law to disclose to Answer my business calls or allow Answer my business calls to use any Site data that you give to us or have obtained by us from your clients or prospects including, without limitation, information that Answer my business calls received directly from your clients or prospects. As between you and Answer my business calls, you are solely responsible for disclosing to your clients or prospects that Answer my business calls provides answering call center services only and that your clients or prospects may be required to provide data and information to Answer my business calls for that purpose. Answer my business calls will strictly receive calls for the sale of your products and services. Answer my business calls will not place unsolicited sales calls to your clients or prospects, as that is not a component of our business model and may violate various privacy laws. If you receive data from the use of our Service about third parties by accident or intentionally, you will keep such data confidential. You may not reveal, disclose or distribute any such data to a third party, or use any such data for marketing purposes unless you receive the express consent of the Answer my business calls to do so.

Termination

Answer my business calls may terminate this Agreement and/or the Services provision at any time for any purpose or reason. After the termination or expiration of this Agreement, you hereby permit Answer my business calls to charge your bank account or payment card for all Services rendered and provided hereunder up to the date of the expiration or termination. Any termination or expiration of this Agreement shall not affect any right to relief to which Answer my business calls may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Answer my business calls.

Exclusion of Warranty

ANSWER MY BUSINESS CALLS MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICES, THIS WEBSITE OR ANY RELATED MATERIALS PROVIDED ON THIS INTERNET SITE, OR THIRD-PARTY SERVICES AND PRODUCTS, ALL OF WHICH ARE PROVIDED SOLELY ON AN “AS AVAILABLE” AND “AS IS” BASIS. ANSWER MY BUSINESS CALLS DOES NOT WARRANT THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF THE SERVICES AND EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A SPECIFIC PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ANSWER MY BUSINESS CALLS MAKES NO WARRANTY OF ANY KIND REGARDING THE QUALITY OF THE SERVICES PROVIDED OR OFFERED BY IT OR ANY THIRD PARTY IN CONJUNCTION WITH THIS SITE, AND DOES NOT CERTIFY THAT IT WILL HAVE SUFFICIENT RESOURCES TO HANDLE UNEXPECTED INCREASES IN CALL VOLUMES. ALSO, ANSWER MY BUSINESS CALLS DOES NOT WARRANT THAT THE SERVICES, OR ITS WEBSITE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND ANSWER MY BUSINESS CALLS DISCLAIMS ANY LIABILITY FOR ANY DAMAGE CAUSED OR AFFECTED BY THE SERVICES INCLUDING, BUT NOT RESTRICTED OR LIMITED TO ANY FAILURE, OR INABILITY TO GAIN ACCESS TO THE SERVICES OR THIS WEBSITE. ANSWER MY BUSINESS CALLS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY INFORMATION, DATA, OR MATERIALS ANSWER MY BUSINESS CALLS SUPPLIED FROM THIS WEBSITE IS FREE OF OTHER DAMAGING COMPONENTS OR VIRUSES. IS NOT LIABLE FOR TRANSMISSION ERRORS, CORRUPTION OF DATA, INFORMATION, OR THE SECURITY OF DATA TRANSMITTED OVER TELECOMMUNICATION LINES. A FEW STATES DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER OR PARTICULAR SECTIONS OF IT MAY NOT APPLY TO YOU. THIS WARRANTY PROVIDES YOU WITH SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.

Limitation of Liability

IN NO EVENT SHALL ANSWER MY BUSINESS CALLS BE LIABLE OR RESPONSIBLE FOR ANY INJURY, DAMAGE, CLAIM, LOSS, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR SIMILAR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOSS OF INFORMATION, BUSINESS INTERRUPTION, LOST PROFITS, LOSS OF GOODWILL OR THE LIKE) WHETHER FOUNDED IN CONTRACT, TORT (INCLUDING FOR NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHICH RESULTS OUT OF OR IS IN ANY WAY LINKED WITH ANY USE OF THIS WEBSITE OR THE SERVICES, OR INFORMATION, DATA OR OTHER MATERIALS OFFERED THROUGH THE WEBSITE OR THE SERVICES. IN NO EVENT WILL ANSWER MY BUSINESS CALLS AGGREGATE LIABILITY IN CONNECTION WITH THE TRANSACTIONS OR SERVICES CONTEMPLATED HEREUNDER GO BEYOND THE AMOUNT YOU PAID FOR THE SERVICES. THE PARTIES ACKNOWLEDGE THAT THE PRECEDING LIMITATIONS ARE CRITICAL COMPONENT OF CONSIDERATION IN THIS AGREEMENT. ANY THIRD PARTIES PROVIDING PRODUCTS AND SERVICES THROUGH THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ANSWER MY BUSINESS CALLS ANSWER MY BUSINESS CALLS IS NOT LIABLE FOR THE ACTS, OMISSIONS, ERRORS, WARRANTIES, REPRESENTATIONS, BREACHES OR ANY OTHER DAMAGES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR DAMAGES, LOSSES OR EXPENSES RESULTING THEREFROM. IN NO EVENT WILL ANSWER MY BUSINESS CALLS BE LIABLE OR RESPONSIBLE TO YOU FOR NON-PERFORMANCE OF A THIRD PARTY’S OBLIGATIONS AND RESPONSIBILITIES INCLUDING ANY OBLIGATION TO ASSURE THE DATA, INFORMATION, OR MATERIALS RECEIVED OR PROVIDED HEREIN ABIDES BY AND COMPLIES WITH ANY REGULATORY OR OTHER LEGAL MANDATES. ANSWER MY BUSINESS CALLS EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS ON THIS WEBSITE, AND WILL NOT BE LIABLE FOR ANY SUCH MISTAKES. A FEW STATES DO NOT AGREE TO THE ENCLOSED LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR SOME PORTIONS OF IT MAY NOT PERTAIN OR APPLY TO YOU IF REJECTED BY A COURT.

Release from Damages or Claims 

If you have a dispute with any service professional, you must address such dispute with the Service professional directly. YOU HEREBY AGREE TO RELEASE Answer my business calls (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES) OF EVERY KIND OR NATURE, UNSUSPECTED AND SUSPECTED, UNKNOWN AND KNOWN, AND UNDISCLOSED OR DISCLOSED, ARISING OUT OF OR IN ANY WAY ASSOCIATED OR CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.

Indemnification

You shall indemnify, defend, and hold harmless Answer my business calls and its officers, agents, employees, and directors, from and against each and every actions, claims, suits, demands, or proceedings initiated or started by a third party and all related damages, losses, liabilities, expenses, costs (including, without limitation, acceptable attorneys’ fees) conveyed by or on your behalf or by third parties as a consequence of your violation and breach of this Agreement, or your use of this Internet website or the Services (including, without limitation, any breach or violation by you of this Contract).

Injunctive Relief

You, as the Subscriber, concur and approve that a breach, defiance, or attempted violation of the stipulations and terms of this Contract will trigger such damage to Answer my business calls that will be uncorrectable, the exact amount of which would be hard to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Answer my business calls shall be allowed to an injunction restraining such violation or attempted breach or violation of these terms and conditions by you or your agents, affiliates, or partners, and to recover from you all and any fees, costs, and expenses sustained or incurred by Answer my business calls in obtaining such an injunction including, without limitation, reasonable attorney’s fees.

Independent Contractor Relationship

The relationship between Answer my business calls and you will be that of independent contractors, and neither of us nor any of our respective agents, officers, or employees will be held or construed to be partners, fiduciaries, joint ventures, employees, or agents of the other.

Governing Law

This Agreement and its performance shall be governed by the laws in the state of New Jersey, of the United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state courts in New Jersey, of the United States of America, in all controversies and questions resulting from your application and use of this website, the Services, and this Agreement. YOU (THE SUBSCRIBER) AND Answer my business calls HEREBY RENOUNCE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTICIPANTS HERETO AGAINST THE OTHER ON ANY MATTERS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREUNDER, INCLUDING WITHOUT LIMITATION TO THE SERVICES.

Enforceable, Electronic Contract

Answer my business calls, and you agree that this Agreement is a valid and binding contract under the Uniform Electronic Transaction Act and that each and every one of the conditions and requirements for enforceability under the prior act have been met to ensure the validity and enforceability of this Agreement. Furthermore, Answer my business calls, and you concur that you validly execute this Agreement based on the click on the “IAccept” button and that the automated Agreement is and remains enforceable under the Electronic Signatures in the Global and National Commerce Act.

Assignment

You may not assign this Agreement or any of its obligations, rights, or remedies hereunder without the prior written consent of Answer my business calls. Any attempted assignment will be void unless agreed to in writing by Answer my business calls.

Severability

These terms and conditions shall be deemed severable. If any provision is determined and established to be invalid, or unenforceable, such provision shall nonetheless be enforced and imposed to the fullest extent permitted by applicable law, and such determination shall not change or affect the validity, legality, and enforceability of any other remaining provisions.

References to Our Relationship

You consent that Answer my business calls may identify you as a customer on the answer my business calls website or in Answer my business calls marketing literature. However, neither you nor Answer my business calls will imply any untrue sponsorship, endorsement, or affiliation.

Headings

The headings utilized in this Agreement are included for convenience only and will not reduce or otherwise affect the terms and conditions herein.

Electronic Communications

The minute you send emails to Answer my business calls, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You consent that all notices, agreements, disclosures, and other communications we give to you electronically satisfy any legal requirement or condition that such communications be in writing.

Notice used for Residents of California

Under the California Civil Code Section 1789.3, California users or consumers are entitled to the following customer rights notice: If you have a question or complaint regarding the Site, please email us at support@answermybusinesscalls.com or call 1-800-473-4768. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services by U.S. mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, otherwise by telephone at (916) 445-1254 or (800) 952-5210. Please identify the specific website, Software, or Service you have a question or complaint and how we can contact you.

Dispute Resolution; Arbitration

Answer my business calls has confidence that will be able to resolve the majority of conflicts or issues that you might have using our services and Site. If Answer my business calls can not settle or resolve a dispute or issue, you consent to the subsequent resolution process.

Since we prefer to find ways to satisfy you as efficiently and quickly as possible, before initiating any arbitration proceeding, you consent and agree first to discuss the matter informally with us for at least 30 days. To do that, please submit to us your concern along with your proposed solution as well as your full name and contact information by email support@answermybusinesscalls.com or call us at 1-800-473-4768.

If we are not capable of mutually agreeing to a resolution after the 30-day period, you agree that any claim you may have with Answer my business calls regarding these Terms of Use or our services and sites will be resolved through binding arbitration administered and governed by the then current Arbitration Rules and Procedures. It is important to us that we deal with any issues you might have promptly. To help us accomplish that, you consent and agree to commence any arbitration within one calendar year after your claim arose; otherwise, your request or claim is waived. As an exception to this arbitration settlement or Agreement, we are pleased to provide you the option to pursue in small claims court any claim as long as you continue and proceed only on an individual basis. Answer my business calls prefers to resolve our issues and matters with you directly, and accordingly, you consent and agree to arbitrate with Answer my business calls only in your individual capacity, not as a member or representative of a class. As such, your demands or claims may not be joined or attached to any other claims. There will be no authorization or authority for any dispute or argument to be arbitrated on a class-action basis or conveyed by a purported class representative.

You agree that arbitration will be exclusively held in New Jersey and that each party will be liable and responsible for its own costs, including paying any filing, administrative and arbitrator fees. To select an arbitrator, each party concurs to provide a list of two possible arbitrators that have experience and knowledge with the subject matter. Each party may strike one of the names on the other party’s list. The parties in question will select an arbitrator out of the remaining two arbitrator names. It is important that you understand and recognize that the arbitrator’s decision will be binding and may be recorded as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course, please feel free to ask an attorney.

General

Any and all notifications under this Agreement will be deemed given when you electronically register your account with Answer my business calls. Answer my business calls may use subcontractors to offer some or all of the Services hereunder. No failure of either party to enforce or exercise any of its rights under this Agreement will function as a waiver of such rights or any other rights unless such waiver is outlined in writing and signed by the waiving party. No invoice, purchase order, or similar document will, by its terms, amend, modify or supplement the terms and conditions of this Agreement, even if it is accepted or signed by the receiving party. The exercise by Answer my business calls of any remedies under this Agreement will be without prejudice to its other remedies under this Agreement, at law, in equity, or otherwise as stated. This Agreement, together with any and all terms and conditions incorporated herein or referred to herein, constitutes the complete Contract and Agreement between the parties relating to the subject matter hereof and supersedes any and all previous contracts or understandings (whether written or oral) regarding the subject matter, and can not be amended or modified, except in writing or by making such amendments or modifications available on this Site.

Contact Information

Answer my business calls welcomes your comments; please contact Answer my business calls by email at support@answermybusiness.com or call us at 1-800-473-4768