Terms Of Use
THE SERVICE
Unlimited Conferencing provides "meet-me", reservation-less audio and web conferencing services, enabled with a variety of access methods for participants to connect to conference calls, plus a number of convenience, quality and functional features. When using Unlimited Conferencing, Inc., ("UC") services ("Services"), and all hardware and software operated in connection therewith ("System") you agree to the terms and conditions listed on this page (the "Terms of Use"). We may alter, expand, or reduce the features of the Service from time to time without notice. You acknowledge that not all Services can be guaranteed to perform acceptably from all locations, including, but not limited to via mobile telephones, computing platforms, pay phones or satellite phones due to various in-country, carrier or other restrictions.
CONSENT TO RECEIVE EMAIL
By establishing a paid or trial account with Unlimited Conferencing, you consent to receive periodic email communication from us concerning services and billing, including without limitation, notices of service updates, payment transactions, payment methods, conference reports, and other correspondence required for administration of the Service. Unlimited Conferencing does not provide paper invoices, payment receipts or instructions; you are expected to manage the Service through the Unlimited Conferencing website, and we expect to communicate with you as necessary via email and the UC website. It is the responsibility of the client to keep an up to date email address on file with UC at all times.
RESALE AND TRANSFER
You are expressly prohibited from reselling or transferring the Service and/or software to any other person for any purpose, without advance express written permission from Unlimited Conferencing.
UNAUTHORIZED COMMERCIAL USE
The Service is for internal business purposes only, or for the direct benefit of you, your company or affiliated organization. You agree to not make the Service available to unaffiliated persons, whether or not you generate income from this practice. If Unlimited Conferencing, in its sole discretion, believes that your account is being used by unauthorized persons, your account may be immediately suspended or canceled without prior notice to you.
THEFT OF SERVICE
You agree to notify Unlimited Conferencing immediately if you become aware at any time that your Service is being stolen or fraudulently used, or access to your conference bridge numbers, identification codes or security codes has been compromised. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of the Service and supply any additional documentation reasonably requested by UC. Failure to do so in a timely manner may result in the termination of your Service and additional charges.
AUDIT AND LAW ENFORCEMENT
Unlimited Conferencing reserves the right to audit your use of the Service to enforce the provisions of this Agreement. UC reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.
SERVICE TERM
The Service is offered on a month-to-month basis, beginning on the date Unlimited Conferencing activates Service, and automatically renews on a monthly basis. Unlimited Conferencing also offers the Service for twelve to twenty-four consecutive months pursuant to optional contractual pricing plans. If you cancel Service prior to the end of the monthly or annual billing period, YOU WILL NOT BE ENTITLED TO BILLING CREDITS OR REFUNDS FOR THE UNUSED PORTION OF YOUR BILLING PERIOD OR UNUSED PREPAID USAGE CREDITS. If cancellation is received prior to the end of a contractual term, payment for said term is due in full 30 days from the date service is terminated.
FREE TRIAL OFFER
From time to time, Unlimited Conferencing may allow users to subscribe pursuant to a promotional offer granting a free trial for Service ("Free Trial"). Free Trial subscribers will receive free use of the Service solely for a limited period of time and all use of the Service shall be subject to the terms herein, plus all other restrictions, limitations and conditions identified in the specific promotional offer. Notwithstanding any other provision in this Agreement, all Free Trial subscriptions are provided solely as an accommodation to the subscriber, and Unlimited Conferencing reserves the right, at all times in its sole discretion, to terminate any Free Trial at any time without notice. Once the Free Trial period expires, the subscriber will be ineligible to subsequently establish another Free Trial account under the same or any other identity, unless expressly permitted to do so under the terms of a specific promotional offer.
PROMOTIONAL OFFERS FOR NEW SUBSCRIBERS
From time to time, Unlimited Conferencing may offer discounts and/or special incentives exclusively for new subscribers. Notwithstanding any other provision in this Agreement, Unlimited Conferencing reserves the right, at all times in its sole discretion, to terminate any promotional offer at any time without notice. Unless expressly permitted under the terms of a specific promotional offer, current and former subscribers, under the same or any other identity, are ineligible for any promotional offer reserved for new subscribers.
TERMINATION FOR CAUSE
Either party may terminate this Agreement at any time in the event that the other party breaches any provision of this Agreement in any material respect and fails to cure such breach within 30 days after receipt of written notice of such breach. Notwithstanding the foregoing, Unlimited Conferencing may terminate this Agreement and/or suspend the provision of the Service immediately for: illegal, fraudulent, excessive or improper use of the Service or if deemed reasonably necessary by Unlimited Conferencing to prevent interruption or disruption to the Unlimited Conferencing system, its business or other customers; if any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid when due; or for breach, not subject to cure. Unlimited Conferencing shall not be liable to you or any third party should we exercise our right to discontinue Service, in whole or in part, or terminate this Agreement pursuant to this section.
CHARGES AND PAYMENTS
BILLING
You must provide a valid credit card number when the Service is activated. You authorize Unlimited Conferencing to charge automatically to your credit card any amounts payable by you in connection with your use of the Service. Your right to use the Service is subject to any limits established by your credit card issuer. Your charges and credits issued will appear on an online billing statement that you may access from the Unlimited Conferencing website, and all charges on your credit card statement will be notated as "Conferencing Services". You give Unlimited Conferencing permission to obtain authorization for use of your credit card from your card issuer. If the card expires, you close your account, your billing address changes, or the card is canceled and replaced owing to loss or theft, you must advise UC at once. Your initial signup authorizes UC to charge the credit card on file with UC, updated by any changed information related to card expiration, replacement, or substitution. This authorization remains valid until 30 days after UC receives your notice to terminate our authority to charge your card, whereupon we will charge you for any outstanding charges and terminate the Service. UC bills all charges and applicable taxes and fees monthly in advance (except for usage-based charges, which will be billed monthly in arrears, plus any other charges which UC chooses to bill in arrears) to your designated payment method. UC is not responsible for any overdraft or other charges imposed by your card issuer or bank due to insufficient funds in your account. UC reserves the right to bill at more frequent intervals if the outstanding amount due at any time exceeds $250 USD. All charges will be billed according to the rates and terms set forth in published materials and found on the UC website in U.S. Dollars.
ELECTRONIC INVOICING
You will not receive paper invoices or receipts. You can access printable invoices and billing reports via the Unlimited Conferencing website.
UNLIMITED CONFERENCING ANNUAL SERVICE PLANS
The annual service fees associated with the optional Unlimited Conferencing Annual Service Plans represent payment for twelve or twenty-four consecutive months of Service commencing on the Activation Date. You will be responsible for any additional charges for services or usage not covered by the plan, billed on a monthly basis. If you cancel the Service prior to the end of the contractual period, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR THE UNUSED PORTION OF YOUR BILLING PERIOD. At the conclusion of the service period, your Service will automatically renew for a subsequent identical service period at the previous renewal price for the selected Unlimited Conferencing annual Service plan, unless you notify Unlimited Conferencing in writing at least 30 days prior to the service plan expiration date.
USAGE CHARGES
Usage charges apply for each minute of use for each conference participant. Certain types of connections to Unlimited Conferencing conference calls may be subject to per-minute charges. Applicable rates will be listed on the UC website. USAGE IS BILLED IN FULL-MINUTE INCREMENTS, AND CHARGES ARE ACCUMULATED AND BILLED MONTHLY. If UC deems usage quantities to be excessive, at our discretion, usage charges may be charged more frequently. Unlimited usage plans assume a reasonable usage of 5,000 minutes per month and a unique user per account. Customers on an unlimited usage plan who exceed 5,000 minutes in any given month may be subject to additional per-minute charges or may be required to move to a different rate plan. Unlimited usage plans offer one set of conference pins and are designed for the sole use of one individual per account. Any shared use among multiple individuals is prohibited. Unlimited Conferencing reserves the right to restrict usage, require rate plan changes, or discontinue service on accounts that exceed what UC considers to be a reasonable type or amount of usage.
PREPAID USAGE
Unlimited Conferencing offers prepaid usage options, allowing you to purchase prepaid conferencing plans at discounted monthly or yearly rates. If you cancel the Service, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR UNUSED PREPAID USAGE; the unused prepaid amount will be permanently forfeited.
PRICE AND PRICE CHANGES
Prices and charges relating to the Service are posted on the Unlimited Conferencing website. We may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than seven days (1) after posted on the Unlimited Conferencing website or (2) you are otherwise notified of the changes, including being sent an electronic notification to the email address registered on your account.
FAILURE TO PAY
We may suspend, restrict, or cancel the Service and this Agreement if you do not make payments for current or prior bills by the required due date. Service cancellation will result in your loss of the conference identification numbers associated with the Service.
LATE PAYMENT CHARGE
We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit or debit card, we will charge you an additional $50.00. If the state where you receive the Service requires a different fee, we will charge you that amount.
INVALID PAYMENT METHOD
If we determine, in our sole discretion, that the payment method(s) registered on your account is no longer valid (such as the passing of an expiration date associated with a credit card or a failed payment transaction against that card, for any reason), we may suspend or restrict the Service until you provide a valid payment method.
TAXES
You are responsible for, and must pay, any applicable federal, state, local, or other governmental sales, use, excise, public utility, or other taxes, Universal Service Fund fees, and charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service. These amounts are in addition to payment for the Service and will be billed to your credit or debit card as set forth in this Agreement. If you are exempt from payment of such charges, you must provide documentation satisfactory to us that you are exempt. Tax exemption will only apply from and after the date Unlimited Conferencing receives and verifies this documentation. Taxes and other applicable fees will be in the amounts specified by federal, state, and local authorities.
SERVICE INTERRUPTION
You acknowledge and agree that credit allowances for interruption of the Service will not be provided.
BILLING DISPUTES
You must notify Unlimited Conferencing within seven days after receiving your credit or debit card statement if you dispute any Unlimited Conferencing charges on that statement or such dispute will be deemed waived.
SERVICE CANCELLATION
You may cancel the Service at any time by notifying Unlimited Conferencing in writing. UC will confirm all such cancellations and their effective date via email. UC will require proof of this cancellation request confirmation email in the event of a billing dispute for services and invoices on or after a "cancellation date". By agreeing to these Terms and Conditions you agree to be financially liable for all billing UC generates subsequent to a cancellation request if there is no record of a cancellation confirmation email in UC systems. You remain fully liable for accrued charges, taxes, and fees outstanding at the time of termination, and you authorize Unlimited Conferencing to process these amounts to your credit or debit card. You agree that if we are unable to process these amounts to your designated credit or debit card(s), we may take other steps as we deem necessary to collect the fees owed to us for the Service, and that you will be responsible for all costs and expenses we incur in connection with such collection activity, including collection fees, court costs and legal fees.
INDEMNIFICATION
You agree to defend, indemnify, and hold Unlimited Conferencing, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service or this Agreement, including, but not limited to: (1) your use of the Service (including without limitation, any person accessing the Service using your account); (2) any actual or alleged violation of this Agreement or any applicable law, rule or regulation by you or any person accessing the Service using your account; or (3) any actual or alleged infringement or violation by you or any person accessing the Service using your account of any intellectual property, privacy right, or other right of any person or entity. You agree that Unlimited Conferencing should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence.
LIMITATIONS OF LIABILITY
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF Unlimited Conferencing SERVICE DESCRIBED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF UNLIMITED CONFERENCING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU AGREE THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, NOT TO EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Unlimited Conferencing, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER UC NOR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. NEITHER UC NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, UC EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
MISCELLANEOUS
TRADEMARKS
UC, UC Communications, and our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Unlimited Conferencing, Inc. UC trademarks and trade dress may not be used in connection with any product or service that is not provided or authorized in writing by UC, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UC. All other trademarks not owned by UC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UC.
GENERAL PROVISIONS
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by Unlimited Conferencing to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements, or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Unlimited Conferencing is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
GOVERNING LAW
This Agreement, and all other aspects of the use of the Service and the Unlimited Conferencing website, shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. You agree to submit to the exclusive jurisdiction of the state or federal courts located in or with responsibility for Marin County, California to resolve any disputes arising hereunder. ANY CAUSE OF ACTION BY USE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER IT AROSE OR BE FOREVER WAIVED AND BARRED.
EVENTS BEYOND OUR CONTROL
Unlimited Conferencing will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, other abnormal weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
ASSIGNMENT
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.
PRIVACY
Unlimited Conferencing Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Unlimited Conferencing is not liable for any lack of privacy which may be experienced with regard to the Service. By using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service.
SURVIVAL
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations, billings, and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.
NON-WAIVER
Failure by Unlimited Conferencing to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of Unlimited Conferencing to insist upon strict performance hereof or any of its rights and remedies.
CHANGES TO THIS AGREEMENT
Unlimited Conferencing may change this Agreement from time to time. Any changes will be posted at the Terms of Use section of the Unlimited Conferencing website: (http://www.unlimitedconferencing.com/Terms-Of-Use.aspx). Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the UC website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written Terms of Service.
Last revised July 31, 2013