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IMPORTANT: READ CAREFULLY - Use of the openLCR feature in this openLCR-enabled product (the "Product"), and use of the CallerIQ and openLCR services (collectively, “IQ Service”), is subject to these Terms of Service.
BY ACTIVATING OR USING THE OPENLCR FEATURE OR IQ SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACTIVATE OR USE THE OPENLCR FEATURE OR IQ SERVICE.
GENERAL TERMS:
openLCR may revise these Terms of Service at any time by posting the revision at its website at www.openlcr.com. Revised Terms of Service become effective immediately and automatically when they are posted by openLCR.
In consideration for activation of the openLCR feature or IQ Services, you agree to: (a) provide accurate and complete information about yourself (“Registration Data”) as prompted by the openLCR's activation and registration processes, and (b) at openLCR's request, update the Registration Data to keep it true, accurate, current and complete. If you provide information that is inaccurate or incomplete, or openLCR has reasonable grounds to suspect that your Registration Data is inaccurate or incomplete, openLCR has the right to revoke the license created by these Terms of Service and/or disable the openLCR Feature.
The term "openLCR Feature" includes software, data, carrier tables, user documentation and other related documentation (each a "Component”) contained in or supplied with the Product, as well as updates subsequently provided by openLCR, and includes any software, data, or documentation pertaining to the IQ Services. The term “IQ Service” includes CallerIQ, openLCR service and any other similar service made available for enabled Products. These Terms of Service apply to the openLCR Feature, all Components, whether embedded, downloaded or provided by other means, all IQ Services, all IQ Content, and to all updates to the openLCR Feature, Components, IQ Services and/or IQ Content.
openLCR grants you a limited, personal and non-exclusive license to use the openLCR Feature and/or IQ Services according to these Terms of Service, provided that you comply with all of the Terms of Service. Except for the rights created by this license, openLCR and its suppliers retain all rights, title and interest in and to the openLCR Feature, Components, IQ Services and IQ Content. All rights not expressly granted in these Terms of Service are reserved by openLCR and its suppliers.
openLCR and the openLCR logo are trademarks of openLCR.com, Incorporated. Without openLCR's prior written permission, you agree not to display or use these trademarks in any manner.
The openLCR Feature , Components and IQ Services are patented, patent pending and/or copyrighted, and contain proprietary information protected by applicable intellectual property laws. All Components remain the sole property of openLCR or its suppliers.
The license created by these Terms of Service may be revoked by openLCR if the openLCR Feature , any Component, any IQ Service, or any IQ Content is reproduced, copied, disassembled, decompiled, reverse engineered, used in violation of these Terms of Service or, except for the user documentation, disclosed to others in whole or in part. The openLCR Feature, any Component, IQ Service and/or IQ Content may be disabled or limited by openLCR in the event of unauthorized use, or upon revocation or expiration of any license created by these Terms of Service.
EXCEPT AS PROVIDED IN THE WRITTEN LIMITED WARRANTY PROVIDED BY THE MANUFACTURER OF THE PRODUCT, ALL SERVICES PROVIDED BY OPENLCR, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AGENTS OR PARTICIPATING CARRIERS IN CONNECTION WITH USE OF THE OPENLCR FEATURE OR ANY IQ SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." THESE ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF INTELLECTUAL PROPERTY NONINFRINGEMENT. OPENLCR MAKES NO WARRANTY OF ANY KIND AS TO THE AVAILABILITY OR QUALITY OF ANY TELECOMMUNICATION SERVICE ACCESSIBLE BY USING THE OPENLCR FEATURE OR THE AVAILABILITY OR QUALITY OF ANY INFORMATION OR CONTENT ACCESSIBLE BY USING ANY IQ SERVICE.
OPENLCR 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 OPENLCR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE OPENLCR FEATURE OR ANY IQ SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (iv) ANY OTHER MATTER RELATING TO THE OPENLCR FEATURE OR ANY IQ SERVICE.
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 FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
These Terms of Service constitute the entire agreement between you and openLCR and govern use of the openLCR Feature and IQ Service, and supercede any prior agreements. You also may be subject to additional Terms of Service that may apply when you use telecommunications services provided by Participating Carriers. These Terms of Service and the relationship between you and openLCR shall be governed by the laws of the State of Colorado, USA, without regard to its conflict of law provisions. All disputes will be subject to the personal and exclusive jurisdiction of the courts located within the county of Larimer, State of Colorado. The failure of openLCR to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the openLCR Feature or these Terms of Service must be filed within one year after such claim or cause of action arises.
SPECIAL TERMS FOR IQ SERVICES
Unless explicitly stated otherwise, all new services and new features that augment or enhance any IQ Service, including the release of new IQ Services, shall be subject to this Terms of Service.
You will receive a password and account designation upon completing the registration and activation process. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify openLCR 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. openLCR is not liable for any loss or damage arising from your failure to comply with this section.
You are responsible for obtaining access to the openLCR website and IQ Services and that access may involve third party fees (such as internet service provider, telephone or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. You are responsible to abide by the operating procedures and terms as outlined in the Support & FAQ section on the openLCR website. In addition, you must provide and are responsible for all equipment necessary to access IQ Services.
Suppliers of IQ Content are independent contractors of openLCR, and are not joint venturers or partners of openLCR. No employee or representative of any supplier of IQ Content is under the control of openLCR. You acknowledge that openLCR does not create or screen IQ Content, but openLCR and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse, delete or move any IQ Content. IQ Content is provided for informational purposes only. You agree that you must evaluate, and bear all risks associated with your use of any IQ Service or IQ Content, and you acknowledge that you have no right to rely on the accuracy or completeness of any IQ Content.
You also understand and agree that IQ Services may include advertisements and that these advertisements are necessary in order to provide IQ Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any IQ Service or its content, use of any IQ Service or its content, or access to any IQ Service or its content.
You acknowledge that openLCR may establish general practices and limits concerning use of IQ Services, including without limitation the frequency with which IQ Content may be updated, the maximum number of times you may access IQ Services in a given period of time, and the maximum amount of IQ Content that may be stored or accessed. You agree that openLCR has no responsibility or liability for the deletion or failure to store any IQ Content or any information stored by openLCR in connection with your use of any IQ Service. You acknowledge that openLCR reserves the right to log off or de-activate accounts that are inactive for an extended period of time. You further acknowledge that openLCR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that openLCR, in its sole discretion, may terminate your password, account (or any part thereof) or use of any IQ Service, and remove and discard any information pertaining to any IQ Service, for any reason, including, without limitation, for lack of use or if openLCR believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service. openLCR may also in its sole discretion and at any time discontinue providing any IQ Service, or any part thereof, with or without notice. You agree that any termination of your access to IQ Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that openLCR may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or any IQ Service. Further, you agree that openLCR shall not be liable to you or any third-party for any termination of your access to the Service.
Your dealings with any advertisers found on or through any IQ Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that openLCR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
If you request or receive any IQ Content concerning companies, stock quotes, investments or securities, you assume all risks arising from your use or reliance on that IQ Content, and with full recognition and acceptance that: (a) IQ Content is provided for informational purposes only, (b) no IQ Content is intended for trading or investing purposes; (c) openLCR and its suppliers are not responsible or liable for the accuracy, usefulness or availability of any IQ Content, and shall not be responsible or liable for any decisions you make based on any IQ Content; and (d) certain IQ Content is provided on a delayed basis and may not be current or accurate as of the time you receive or read it. Prior to executing any transaction based upon any IQ Content, you are advised to consult with your broker or other financial representative.
openLCR assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the openLCR website or your downloading of anything from the openLCR website or in connection with any use of any IQ Service.
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