1. Interpretation
By visiting voiptools.com you agree to abide by the Terms of Use described below. We have created these rules and guidelines to protect you and to ensure that VoIPTools’s Web site is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site.
2. Legal Notice and Disclamer
VoIPTools obtains all information, downloadable files and software contained herein from sources believed by VoIPTools to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, VoIPTools shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the VoIPTools Web site. VoIPTools makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the VoIPTools Web site. VoIPTools may change any information and/or software in the Web site at any time without notice of any kind. The information and software on this site are provided “as is” without expressed or implied warranties of any kind. VoIPTools expressly disclaims all warranties with regard to the information and/or software, including but not limited to all implied warranties of merchantability and fitness for a particular purpose. In no event shall VoIPTools be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on VoIPTools’s Web site. Some U.S. states and foreign countries may provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by VoIPTools’s authorized representatives, and shall be governed by the laws of the State of Utah.
3. Links to Third Party Sites
The links to third parties contained within this Web site will allow you to leave VoIPTools’s site. The sites that are linked to VoIPTools’s site are not under the control of VoIPTools. VoIPTools is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. VoIPTools provides these links only as a convenience to you, the user of the Web site; and the inclusion of any link to a third party site it is not, nor does it imply in any way VoIPTools’s of the linked site.
Any rights not expressly granted by VoIPTools herein are expressly reserved.
4. VoIPTools Web Site Terms of Use
Acceptance of Terms of Use
The access to VoIPTools’s site is provided free of charge to you by VoIPTools, inc. (“VoIPTools”) under these Terms of Use. Although portions of VoIPTools’s site may be viewed simply by visiting the site, in order to access the e-commerce site and/or receive additional services from VoIPTools you may need to sign on as a guest or register as a member of VoIPTools’s site. If you sign on to VoIPTools’s site as a guest or if you register as a member of VoIPTools’s site community, these Terms of Use will govern your use of VoIPTools’s site, including access to message boards and other features.
BY SIGNING ON TO VOIPTOOLS’ SITE AS A GUEST AND/OR BY OPENING AN ACCOUNT AND COMPLETING THE REGISTRATION PROCESS AND/OR BY SELECTING THE “ORDER NOW” OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use govern your use of VoIPTools’s site and all services provided in connection with VoIPTools’s site. VoIPTools shall not be liable to you for any breach of these Terms of Use. In addition, VoIPTools does not bear any fiduciary responsibility to any user of this Web site. If you do not agree to these Terms of Use, please do not enter or register at VoIPTools’s site. The Terms of Use for your continued use of VoIPTools’s site will be posted on the site. Please check this area before using VoIPTools’s site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur from time to time, please arrange to terminate your registration with VoIPTools’s site immediately (i) by notifying VoIPTools of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of VoIPTools’s site. Your continued use of VoIPTools’s site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.
From time to time VoIPTools may supplement these Terms of Use with additional Terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on VoIPTools’s site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
From time to time VoIPTools may supplement these Terms of Use with additional Terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on VoIPTools’s site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
5. Modifications of these Terms of Use
VoIPTools may modify these Terms of Use from time to time at its sole discretion. Each time you log on to VoIPTools’s site, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with VoIPTools’s site immediately (i) by notifying VoIPTools of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of VoIPTools’s site.
6.Modifications of the VoIPTools Site
VoIPTools may modify or discontinue VoIPTools’s site with or without notice to you and without liability to you or to any third party.
7. Content of Messages
You agree not to use VoIPTools’s site to send or post on message boards or any place on VoIPTools’s site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. VoIPTools reserves the right to delete any such material from VoIPTools’s site. VoIPTools will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 5.
You agree not to post or use VoIPTools’s site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) VoIPTools allows you access to content that is protected by copyright, trademark and other intellectual and proprietary rights (“Rights”); (ii) these Rights are enforceable and protected in all media and technologies whether now existing or subsequently developed; and (iii) except as explicitly provided to the contrary, these Terms of Use and the applicable copyright, trademark and other laws govern your use of such content. You may not post to VoIPTools’s site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to the Rights. The burden of determining that Rights do not protect any information, software, images or any other content on VoIPTools’s site rests with you. You acknowledge that VoIPTools may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any “public area” of VoIPTools’s site, including message boards, forums, contests and/or chat rooms, you grant VoIPTools and its affiliates a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or subsequently developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and has effectively and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on VoIPTools’s site retains any and all Rights that may exist in such content.
8. Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected when and where discovered, and VoIPTools reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, VoIPTools will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with VoIPTools’s Return Policy.
9. Third Party Services
Special routing icons may be included within VoIPTools’s site, the activation of which will allow you to access and learn more about VoIPTools and other services provided by VoIPTools or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
10. Purchasing Agreement
Upon purchasing VoIPTools products, the user will enter into an automatically renewing yearly subscription with payments made either monthly or annually depending upon the payment option chosen by the user at checkout. VOIPTools will automatically charge the credit card on file for each user at the predetermined frequency. Upon purchasing VOIPtools you hereby give credit card authorization to VOIPTools, allowing them charge the credit card on file at the appropriate time which is set upon the user choosing the subscription. If the credit card on file fails to authenticate for any reason, the users installed VoipTools applications will be remotely disabled until such time that any outstanding payment(s) can be made.
Upon purchasing VOIPTools, the customer will enter into a 1 year subscription to pay for VOIPTools. If for any reason a customer wishes to remove his subscription after purchasing VOIPTools and entering into this contract, he or she may do so only within thirty days after purchasing VOIPTools. Once thirty days has been exceeded, the customer will not be able to remove his or her contract and they will be required to pay for VOIPTools until the contract has expired regardless of whether or not they use the products. Customers who fail to do so will prosecuted.
In order to cancel subscriptions, customers must directly call VOIPTools using the contact information provided in article 19 of the Terms of Agreement or on the Contact Us page of this website. Emails, letters, and other forms of communication will not be accepted for canceling subscriptions.
11. Support Policy
Note: When contacting VoIPTools Support, please provide your VoIPTools license key or Order ID so we can validate your support eligibility
Support Hours:
Technical Support is available 24/7
Customer Support:
Customers who have purchased technical support with their subscription are eligible for free phone support and remote installation services. Customers who have not purchased support can add support to their existing subscription for a minimum term of 1 year.
Customers who chose not to purchase support, are eligible for email support only. Email support response time is next business day.
Partner Support:
Partners who have purchased technical support with their customer’s subscription are eligible for free phone support and remote installation service. For subscriptions that do not have purchased support, partners are eligible for free phone and email support only.
Support Contact:
Email: Support@VoIPTools.com
Phone: +1 801-642-4655
Support Resources:
The following free support resources are available to all customers and VoIPTools partners:
Email:
Support@VoIPTools.com
Installation guides :
click here
Software Downloads :
click here
Knowledgebase :
click here
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF VOIPTOOLS’ SITE IS AT YOUR SOLE RISK. VOIPTOOLS’ SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VOIPTOOLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.VOIPTOOLS MAKES NO WARRANTY THAT VOIPTOOLS’ SITE WILL MEET YOUR REQUIREMENTS, OR THAT VOIPTOOLS’ SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VOIPTOOLS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VOIPTOOLS’ SITE. VOIPTOOLS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF VOIPTOOLS’ SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VOIPTOOLS’ SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT VOIPTOOLS DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH VOIPTOOLS’ SITE. VOIPTOOLS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER VOIPTOOLS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN VOIPTOOLS’ SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES.VOIPTOOLS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
VOIPTOOLS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN VOIPTOOLS’ SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOIPTOOLS OR THROUGH VOIPTOOLS’ SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
VOIPTOOLS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH VOIPTOOLS’ SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH VOIPTOOLS’ SITE.
VOIPTOOLS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT RESIDE OR IS POSTED OUTSIDE VOIPTOOLS‘ MAY PROVIDE LINKS TO THIRD PARTY SITES AND TO RESOURCES THAT ARE BEYOND VOIPTOOLS’ CONTROL. VOIPTOOLS MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH VOIPTOOLS MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST VOIPTOOLS WITH RESPECT TO SUCH SITES.
13. Limitation of Liability
Notwithstanding anything to the contrary herein, in no event shall VOIPTOOLS’ aggregate liability for any claim arising out of or related to your use of VOIPTOOLS’ Site, the procurement of substitute goods and services, or any goods or services purchased or obtained, messages received, or transactions entered into through VOIPTOOLS’ Site, or unauthorized access to or alteration of your transmissions or data, whether based on contract, tort, or any other legal theory, exceed two times (2x) the total amount of the fees paid by you for your subscription during the twelve (12) month period preceding the event giving rise to the claim. The foregoing limitation of liability shall apply even if VOIPTOOLS has been advised of the possibility of such damages and regardless of whether the remedy fails of its essential purpose. This limitation on liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between VOIPTOOLS and you.
14. Promotional Messages and Marketing
Upon purchasing Voiptools, you give permission to VOIPTools to engage you in marketing endeavors, allowing them to send periodic emails to you. These emails contain promotional offers and advertisements and will in no way be sent to spam, harass, or coerce our customers. If at anytime you wish to stop receiving these emails, you may unsubscribe by clicking the “unsubscribe” link found at the bottom of promotional emails.
VoIPTools may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. VoIPTools makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from VoIPTools, and you agree that VoIPTools shall not be liable to you thereto.
15. Indemnification
You agree to indemnify and hold each officer and/or employee of VoIPTools, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of VoIPTools’ site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
16. Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Utah State and U.S. Federal courts sitting in the County of Utah or, the Utah State and U.S. Federal courts having within their jurisdiction the location of VoIPTools’ principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
17. Remedies for Breach of these Terms by You
In the event that VoIPTools determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of VoIPTools’s site, VoIPTools reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to VoIPTools’ site, (iii) delete all content provided by you to VoIPTools’ site, (iv) discontinue your registration with VoIPTools’ site and/or any other VoIPTools community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action that VoIPTools deems appropriate.
18. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
VoIPTools may assign, without notice, its rights and obligations under these Terms of Use and upon such assignment VoIPTools may be relieved of any further obligation hereunder.
You represent to VoIPTools that you have the authority to register with VoIPTools’ site according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on VoIPTools’ site by VoIPTools) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of VoIPTools, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
VoIPTools reserves the right to charge fees, surcharges and/or membership fees at any time without any notice to you.
19. VoIPTools Contact Information:
Attn: VoIPTools Privacy
+1 801-642-4655
4464 Glenwillow Dr
Batavia, OH 45103
