Terms Of Service ("TOS")
1. ACCEPTANCE OF TERMS
ConverseLiveTM.com provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. In addition, when using particular ConverseLiveTM
services, you and ConverseLiveTM shall be subject to any posted guidelines
or rules applicable to such services, which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into the
TOS. ConverseLiveTM also may offer other services from time to time, which
are governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
ConverseLiveTM currently provides users with access to an on-line "real time
text chat" customer support application (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release of new ConverseLiveTM properties, shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that ConverseLiveTM assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or ConverseLiveTM has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, ConverseLiveTM has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
Registration Data and certain other information about you is subject to our
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive login and password information after completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify ConverseLiveTM of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. ConverseLiveTM cannot and will
not be liable for any loss or damage arising from your failure to comply
with this Section.
6. MEMBER CONDUCT
You understand that all information, data, text, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not ConverseLiveTM, are entirely responsible for all Content
that you post, email or otherwise transmit via the Service. ConverseLiveTM
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. Under no
circumstances will ConverseLiveTM be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
You acknowledge and agree that ConverseLiveTM may preserve Content and may
also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of ConverseLiveTM, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States, Canada, or the country in
which you reside.
You agree to indemnify and hold ConverseLiveTM, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit, post to
or transmit through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ConverseLiveTM may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that, text transcripts, email messages, or other
uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on ConverseLiveTM 's servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service in
a given period of time. You agree that ConverseLiveTM has no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that ConverseLiveTM reserves the right to log off accounts
that are not paid for an extended period of time. You further acknowledge
that ConverseLiveTM reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
ConverseLiveTM reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that ConverseLiveTM shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
You agree that ConverseLiveTM, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if ConverseLiveTM believes that you
have violated or acted inconsistently with the letter or spirit of the TOS.
ConverseLiveTM may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge and agree
that ConverseLiveTM may immediately deactivate or delete your account and
all related information and files in your account and/or bar any further
such files or the Service. Further, you agree that ConverseLiveTM shall not
be liable to you or any third-party for any termination of your access to
13. ConverseLiveTM 'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws.
You further acknowledge and agree that Content contained in information
presented to you through the Service is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by ConverseLiveTM, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
ConverseLiveTM grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software; provided that you
do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, or to use modified versions of
the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by
any means other than through the interface that is provided by
ConverseLiveTM for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. ConverseLiveTM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ConverseLiveTM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE 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 ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ConverseLiveTM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ConverseLiveTM SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ConverseLiveTM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
18. TRADEMARK INFORMATION
ConverseLiveTM, the ConverseLiveTM logo, and product and service names are
trademarks of ConverseLiveTM.com. (the " ConverseLiveTM Marks"). Without
ConverseLiveTM 's prior permission, you agree not to display or use in any
manner, the ConverseLiveTM Marks.
19. GENERAL INFORMATION
The TOS constitute the entire agreement between you and ConverseLiveTM and
govern your use of the Service, superceding any prior agreements between you
and ConverseLiveTM. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party
content or third-party software. The failure of ConverseLiveTM to exercise
or enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or