These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website you warrant and represent that you are at least 18 years of age and by agree to these terms and conditions
License to use website
Unless otherwise stated, Calls On Call and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Calls On Call’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Calls On Call’s express written consent.
Access to certain areas of this website is restricted. Calls On Call reserves the right to restrict access to areas of this website, or indeed this entire website, at Calls On Call’s discretion.
If Calls On Call provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Calls On Call may disable your user ID and password in Calls On Call’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Calls On Call a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Calls On Call the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Calls On Call or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Calls On Call reserves the right to edit or remove any material submitted to this website, or stored on Calls On Call’s servers, or hosted or published upon this website.
Notwithstanding Calls On Call’s rights under these terms and conditions in relation to user content, Calls On Call does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Calls On Call makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Calls On Call does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Calls On Call will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if Calls On Call has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Calls On Call has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Calls On Call’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Calls On Call’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Calls On Call.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Calls On Call and undertake to keep Calls On Call indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Calls On Call to a third party in settlement of a claim or dispute on the advice of Calls On Call’s legal advisers) incurred or suffered by Calls On Call arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Calls On Call’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Calls On Call may take such action as Calls On Call deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Calls On Call may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Calls On Call may transfer, sub-contract or otherwise deal with Calls On Call’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute an agreement between you and Calls On Call in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with State, Federal and Local Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Dane Couinty.
Much of this document was created using a Contractology template available at http://www.freenetlaw.com.
Calls On Call’s details
The full name of Calls On Call is Calls On Call LLC.
Calls On Call is registered in Wisconsin.
What does this Policy apply to?
Calls On Call LLC, Inc. is located at 6000 Gisholt Dr, suite 200 in Madison Wisconsin. This Policy applies to the Calls On Call LLC.com website, including all subpages and successor pages (collectively referred to as the “Website”), and also applies to all software and services that we offer, including the Calls On Call LLC payment form that may be made available on a third-party website, or other services that we offer through our Website when you register for a Calls On Call LLC account (collectively referred to as the “Services”).
This Policy does not apply to any website, product or service of any third-party company even if the website links to (or is linked from) our Website. Calls On Call LLC does not operate or control those websites, products or services. Please always review the privacy practices of a company before deciding whether to provide any information.
By using our Website or Services, you are accepting the practices described in this Policy. If you do not agree with this Policy, delete all cookies from your browser cache after visiting our Website and do not visit or use our Website or Services. Your continued use of our Website or Services signifies your acceptance of this Policy.
Information collection and use
Broadly speaking, we collect information in three ways: (1) when you provide it directly to us, (2) when we obtain verification information about you or your company through trusted third parties (e.g. banks, credit bureaus), and (3) passively through technology such as “cookies”. The types of information that we collect and our use of that information will depend on whether you are a Website Visitor, Test User, Checkout User, or Live User, as described below.
The term “Personal Information”, as used in this Policy, refers to any information that can be used to identify a specific person, or any anonymous information (e.g., IP Address) that is linked to a specific person. Personal information does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person.
Cookies and Web Server Logs
Similar to many commercial websites, we utilize “cookies” and other technologies to collect non-personally-identifiable information from our Website and from other websites that use Calls On Call LLC Checkout. “Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies store information accessed through your browser to streamline activities on related web sites, and make the online experience easier and more personalized. Information gathered through cookies and web-server log files may include information such as the date and time of visits, the pages viewed, IP addresses, links to/from any page, and time spent at a site. We use cookie data to measure web traffic and usage activity on our Website for purposes of improving and enhancing the functionality of our Website, to look for possible fraudulent activity, and to better understand the sources of traffic and transactions on our website and the websites of merchants that use Calls On Call LLC Checkout. Cookies also allow our servers to remember your account information for future visits and to provide personalized and streamlined information across related pages on our Website and also across other websites or applications that use Calls On Call LLC Checkout. Log files are used to monitor, measure, analyze, improve, and troubleshoot our Services. You can choose to disable cookies for our Website but this may limit your ability to use our Website and Services.
To simply browse our Website, you are not required to provide any Personal Information. However, we may gather non-personally-identifiable information, as described directly above, just for the purposes of monitoring and improving our Website and Services. We will not share this information with third parties except as a necessary part of providing our Website and Services, nor will we use it to target any advertisements to you.
Children’s Online Privacy Protection Act
Our Website and Services are directed to the general public. We do not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are accessing our Website or using our Services. If we learn that we have inadvertently collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please notify us.
Sharing and disclosure of information
Calls On Call LLC does not sell or rent your Personal Information to marketers or third parties.
We may share your Personal Information with trusted third parties who are integral to the operation of our Website and Services, including but not limited to financial institutions, payment processors, verification services and credit bureaus, as well as any third parties that you have directly authorized to receive your Personal Information. We may store your Personal Information in locations outside the direct control of Calls On Call LLC, for instance, on servers or databases co-located with hosting providers.
We may disclose your Personal Information to law enforcement, government officials, or other third parties if: (i) we are compelled to do so by subpoena, court order or other legal process, (ii) we must do so to comply with laws, statutes, rules or regulations, including credit card rules, (iii) we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service.
We will only disclose your Personal Information in response to such a request if we believe in good faith that doing so is necessary to comply with applicable law or a legal obligation to which we are bound. If we receive such a request, we will use reasonable efforts to give you prompt notice, so that you may contest it if you choose. We won’t provide you such notice if we determine in good faith that either (a) we are not permitted to provide it under applicable law, or (b) that doing so would result in an imminent risk of death, serious physical injury or significant property loss or damage to Calls On Call LLC or a third party.
In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar events, any information in our possession may be transferred to our successor or assign.
Choice and data retention
We are required to collect certain Personal Information to confirm your identity and comply with our obligations. If you elect to not provide Personal Information in optional fields it may limit your ability to use our Services. You can update your account information by signing on to our Website with your Calls On Call LLC account.
We may occasionally email you with information about offers or new services. You can opt out of these email communications by replying with unsubscribe in the subject line, or via an unsubscribe link included in such communications. However, you will continue to receive certain email communications related to your account including information regarding transactions and your relationship with Calls On Call LLC.
If you wish to opt out of having cookies set on your browser (as described above in Section 2), the only way to ensure that this happens is to manage the settings on your web browser to delete all cookies and disallow further acceptance of cookies. For more information, refer to your browser’s technical information. Note that disabling cookies on your browser prevents Calls On Call LLC from tracking your activities in relation to our Website and Services. However, it may also disable many of the features available through our Websites and Services. We therefore recommend that you leave cookies enabled.
Calls On Call LLC has a variety of obligations to retain the data that you provide us, both to ensure that transactions can be appropriately processed, settled, refunded or charged back, to identify fraud, and also to comply with laws applicable to us and to our banking providers and credit card processors. Accordingly, even if you close your Calls On Call LLC account we will retain certain information as necessary to meet our obligations.
Protection of information
Although no data transmission can be guaranteed to be 100% secure, we take reasonable steps to protect all Personal Information. Calls On Call LLC maintains strict administrative, technical, and physical procedures to protect information stored in our servers, which are located in the United States. Access to information is limited (through user/password credentials and software systems) to those employees who require it to perform their job functions. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to building and files.
Changes and notifications
We reserve the right, in our sole and absolute discretion, to make changes to this Policy from time to time. Please review this Policy periodically to check for updates. If any changes are material and/or retroactive, we may provide additional notice and/or an opportunity to “opt-in,” as appropriate under the circumstances.
Calls On Call LLC will provide you with disclosures and alerts regarding this Policy by posting them on our Website, by emailing the email address listed in your Calls On Call LLC account, and/or by mailing to the physical address listed in your Calls On Call LLC Account. You agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices in relation to this Policy shall be considered to be received by you within 24 hours of the time it is posted to our Website or emailed to you (unless we receive notice that the email was not delivered).