Terms of Service & Service Agreement

The short answer is: we will never, ever sell your personal information. Now the formal version:

This document sets forth the VoicentLive Online Privacy Policy (the "Privacy Policy") for this Web site, www.voicentlive.com (the "Site"). If you have objections to the Privacy Policy, you should not access or use this Site.

The following are terms of a legal agreement between you and VoicentLive regarding your access and use of this website (the “Site”). By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this website. VoicentLive may at any time, without notice to you, revise these Terms of Use and any other information contained in this website by updating this posting. VoicentLive may also make improvements or changes in the products, services, or programs described in this Site at any time without notice.

Changes in Privacy Policy

All "personal information" ("personal information" is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains) that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. VoicentLive reserves the right to change the Privacy Policy from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. If as the result of such changes, you want to alter the ways in which VoicentLive is allowed to use your personal information, you can do so by following the procedure described below in the section titled "Updating your personal information and privacy preferences." You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy by your continued use of the Site after such notice has been posted for thirty (30) days.

Entities collecting personal information

Personal information on this Site is collected by VoicentLive Communications, Incorporated. The Site contains links to other sites at which personal information is collected. In such instances, unless expressly provided to the contrary, the collection and use of your personal information will be governed by the privacy policy applicable to that site. That privacy policy should identify the entity that is collecting your personal information.

Collection of personal information

As a visitor to this Site, you can engage in many activities without providing any personal information. In connection with other activities, such as purchasing a product license, VoicentLive may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, VoicentLive may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal information. When ordering products or services on the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

When you use the Site, VoicentLive or third parties authorized by VoicentLive may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol ("IP") address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. VoicentLive also uses such environmental variables to measure traffic patterns on the Site. Without expressly informing you in each particular circumstance, we do not match such information with any of your personal information.

When you submit personal information to VoicentLive through this Site, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which VoicentLive and its affiliates and subsidiaries maintain offices, including, without limitation, the United States. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted vendors of Voicent. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties. One instance where this could occur is in conjunction with framed pages in which the URL for the pages is not visible and the pages are being hosted by a vendor of Voicent.

VoicentLive has established relationships with various service providers whose services are available to you from this Site or from Web sites that are linked to this Site. Typically, these providers offer services that VoicentLive customers might find useful, such as those that can be used in conjunction with VoicentLive services and products. In order to use those services, you may be required to provide personal information to the providers. Unless expressly provided to the contrary, personal information that you provide while you are visiting a provider's Web site will be subject to the privacy policy posted on such site, and personal information that you provide while on this Site in conjunction with a provider's service will be subject to this Privacy Policy. You should be aware that our agreements with these service providers often provide that they will share with VoicentLive personal information collected from you. In such instances, VoicentLive may use this information in a manner consistent with this Privacy Policy. In the situation where sites have a VoicentLive "look and feel," and you reasonably believe you are on a VoicentLive site, the site is collecting information in a solely intermediary capacity and does not use personal information for secondary purposes. How your personal information is used VoicentLive collects your information in order to record and support your participation in the activities you select. If you subscribe to a service or register a product, for example, the information is used to register your rights, if any, to technical support or other benefits that may be made available to registered users. As another example, if you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. Your personal information is also used to keep you informed about product upgrades, special offers, and other products and services of VoicentLive and selected third parties if you have so opted to receive such communications. VoicentLive may collect information about the use of the Site, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. VoicentLive may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

Your choices with respect to personal information

VoicentLive recognizes and appreciates the importance of responsible use of information collected on this Site. Without your consent, VoicentLive will not communicate any information to you regarding products, services, and special offers available from Voicent, although we may find it necessary to communicate with you regarding your use of the services on this Site. Except in the particular circumstances described in this Privacy Policy, VoicentLive will also not provide your name to other companies or organizations without your consent. There are other instances in which VoicentLive may divulge your personal information. VoicentLive may provide your personal information if necessary, in Voicent's good faith judgment, to comply with laws or regulations of a governmental or regulatory body or in response to a valid subpoena, warrant, or order or to protect the rights of VoicentLive or others.

Protection of your personal information

The personal information that you provide in connection with registering yourself as a user of VoicentLive products or services or registering an VoicentLive product is classified as Registration Information. Registration Information is protected in several ways. Access by you to your Registration Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Registration Information resides on a secure server that only selected VoicentLive personnel and contractors have access to via password. VoicentLive encrypts your personal information and thereby strives to prevent unauthorized parties from viewing such information when it is transmitted to Voicent. Personal information that you provide that does not constitute Registration Information also resides on a secure server and is only accessible to selected VoicentLive personnel and contractors via password. Since this information is not accessible by you, you will not be asked to select a password in order to view or modify such information. Please note that any information you post to a public bulletin board or chat room, such as the VoicentLive User to User Forums (the "Forums"), is available to all persons accessing that location. Your e-mail address would then be available to all persons accessing the Forums. In addition, you should be aware that the Forums offers a service in which subscribers are e-mailed a copy of all messages posted to the Forums on a particular topic. Consequently, if you post a message to the Forums, your e-mail address will be sent to those subscribers that have indicated an interest in the topic of your message.

Use of cookies

When you visit this Site, you can browse the Site and access important information without revealing your identity. In order to improve our Site, we use "cookies" to track your visit. A cookie is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, and enables VoicentLive to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.) While VoicentLive uses cookies to track your visit to voicent.com, and our Web servers automatically log the IP/Internet address of your computer, VoicentLive does not generally use this information to identify you personally. However, if you expressly provide consent for Voicent.com to "remember" the unique identifier that you select when you register for various activities on the site, that unique identifier will be stored on a cookie on your computer, linked to your registration information, and your navigation path around the site will be tracked. We associate this data to understand how our site and services are being used so we can understand our customers and offer appropriate products and services.

Updating your personal information and privacy preferences. You have the right to access and correct your personal information and privacy preferences at any time. You may also access and correct your personal information and privacy preferences (such as whether you wish to receive promotional communications from VoicentLive or third parties) by emailing info @ voicent.com. Please include your name, address, and/or e-mail address when you contact us.

Privacy-related inquiries and complaints

VoicentLive takes its users' privacy concerns seriously. If you believe that VoicentLive has not complied with this Online Privacy Policy with respect to your personal information or you have other related inquiries or concerns, you may contact VoicentLive through email.

In your email, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the VoicentLive Online Privacy Policy has not been complied with. We will investigate your inquiry or complaint promptly.

Please note that if you provide VoicentLive with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), VoicentLive cannot guarantee that your most recent privacy preference will be honored. Also, please note that VoicentLive is not responsible for the content or privacy practices of non-VoicentLive Web sites to which this Site or any other VoicentLive Web site may link. You should review the privacy policy of such sites before using the sites.

Billing & Subscriptions

By starting your VoicentLive Subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the VoicentLive service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing & subscriptions" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription charges are fully earned upon payment. In the event your paying subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your VoicentLive subscription on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a service, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

Electronic Signature

I (we) understand and agree that my (our) selection of the checkbox to register for "VoicentLive Subscription" constitutes an electronic signature that will be treated in all respects as having the same legal effect as an original hadnwritten signature; that the information I (we) have provided is true and accurate; that I (we) have read, understand, accept and agree to this Customer Agreement and Authorization Checkbox for Automatic Payment(s), and that I (we) are duly authorized to bind the customer of record to the special terms of use concerning "VoicentLive Subscriptions" contained herin, in addition to the general "Terms of Service" for the "30 Day Billing" service.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

General

This Site and all content in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without VoicentLive's prior written consent, except that VoicentLive grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this Site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on your not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, VoicentLive does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on another website or in any other media.

Certain Disclaimers

Information on this website is not promised or guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. VoicentLive assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site.

VoicentLive provides no assurances that any reported problems will be resolved by VoicentLive, even if VoicentLive elects to provide information with the goal of addressing a problem.

Forward-Looking and Cautionary Statements Except for historical information and discussions, statements set forth throughout this website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company's filings with the US Securities and Exchange Commission.

Confidential Information

VoicentLive does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to VoicentLive will be deemed NOT to be confidential or proprietary to you or any third party. By sending VoicentLive any information or material, you grant VoicentLive an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, such material or information. You also agree that VoicentLive is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to VoicentLive for the purpose of receiving products or services will be handled in accordance with our privacy policy.

Global Availability

Information VoicentLive publishes on the World Wide Web may contain references or cross references to VoicentLive products, programs, and services that are not announced or available in your country. Such references do not imply that VoicentLive intends to announce or make available such products, programs, or services in your country. Please consult your local VoicentLive business contact for information regarding the products, programs, and services that may be available to you.

Business Relationships

This website may provide links or references to non-VoicentLive websites and resources. VoicentLive makes no representations, warranties, or other commitments whatsoever about any non-VoicentLive websites or third-party resources that may be referenced, accessible from, or linked to any VoicentLive site. A link to a non-VoicentLive website does not mean that VoicentLive endorses the content or use of such website or its owner. In addition, VoicentLive is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the VoicentLive site. Accordingly, you acknowledge and agree that VoicentLive is not responsible for the availability or quality of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-VoicentLive website, even one that may contain the VoicentLive logo, please understand that it is independent from VoicentLive, and that VoicentLive does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this Site

All links to this website must have prior approval in writing by VoicentLive. With such prior written approval, VoicentLive may consent to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with VoicentLive; (c) imply that VoicentLive approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about VoicentLive or otherwise damage VoicentLive’s reputation or the goodwill associated with the VoicentLive name or trademarks. As a further condition to being permitted to link to this Site, you agree that VoicentLive may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any VoicentLive trademark or trade name.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. VoicentLive EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, VoicentLive MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL VoicentLive BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF VoicentLive IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional Terms

These Terms of Use / Service Agreement do not create any third party beneficiary rights.

If you do not comply with these Terms of Use / Service Agreement, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action at a later date).

If it turns out that a particular term is not enforceable, this will not affect any other terms or service agreements.

The laws of California, US, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use. All claims arising out of or relating to these Terms of Use will be litigated exclusively in the federal or state courts located in San Francisco, California, US, and you and VoicentLive consent to personal jurisdiction in those courts.

For information about how to contact VoicentLive, please visit our Contact page.

Additional or different terms, conditions, and notices may apply to specific software, information, products, materials, and services offered through this website. In the event of any terms or service conditions conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use / Service Agreements. Please see the applicable term, condition, agreement or notice.