PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR THE SERVICES. You must read and agree with all the terms and conditions contained in this Agreement and the Privacy Policy then in effect ("Privacy Policy"), which is incorporated by reference, before you use the Service. By accessing the Website and using our Services (as defined herein), you agree to abide by these Terms and Conditions and Privacy Policy.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

This agreement is made between RingScrub D/B/A RingScrub (“we,” “us” or “RingScrub”) and you (“you”), as an authorized user of any technology or service offered by RingScrub (individually and collectively, the “Services”) and governs the terms and conditions of your use of the Services. The Services are provided to you under these Terms and Conditions, our Privacy Policy as well as any contract or insertion order entered into between ourselves (collectively, the “Agreement”), and you agree to be bound by and accept those agreements and policies.

We may amend the Agreement at any time by posting an updated version to this page. Your continued use of the Services will constitute acceptance of the amended Agreement, and no other Agreement version will be effective or enforceable against us.

The rights granted to you under this Agreement are expressly non-exclusive. You may not sell, assign, sublicense, or otherwise transfer or agree to transfer all or any portion of those rights without our prior written consent.

The Services are offered on an open-ended basis for a term that begins on the date your Services are activated and you accept the Agreement (the “activation date”). This Agreement shall be deemed to be perpetually in effect without further action by you or by us unless either (a) we terminate the provision of Services to you or (b) you give us written notice of termination at least thirty (30) days prior to the intended date of termination for which notice is given.

If you terminate Services prior to the end of a campaign or otherwise defined term, you may be responsible for charges incurred by you subsequent to such termination, including without limitation unbilled charges, all of which immediately become due and payable.

Upon Termination, any telephone number(s) assigned to you for use with the Services will become unavailable for use and, after an aging period, be returned to the inventory of telephone numbers and become available for assignment by us. No telephone number will be available for your use or reserved for you after your Services have been terminated.

Our Services are offered only to parties that can legally enter into and sign binding contracts. By accepting the terms of this Agreement, you represent and warrant to us that you are age eighteen (18) or older and the authorized signatory.

By entering into this Agreement you agree to: (a) pay for such services, (b) maintain and update your correct contact information, (c) use our Services only in accordance with applicable law; (d) comply with all applicable laws of the United States and any other jurisdiction in which you operate or provide services, (d) not use our Services for illegal purposes, (e) not interfere with or disrupt our Services.

We may refuse the Services to anyone at any time, in our sole discretion. We reserve the right to discontinue, temporarily or permanently, any or all of the Services to you, including by shutting down phone numbers, at any time, provided we will make reasonable efforts to notify you in a timely manner. We reserve the right to discontinue any or all of your use of the Services immediately and with no notice if we suspect you may be in breach of your obligations under this Agreement. We shall not be liable to you or any third-party for any termination of your access to the Services.

We will charge you fees in accordance with the terms and rates published on our site or contained in a separate agreement. All fees are quoted in U.S. dollars. You are responsible for paying all fees associated with using the Services and all applicable taxes.

The Services are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Services may violate such laws and this Agreement. Except as expressly provided herein, we do not grant any express or implied rights to use the Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Services, except as expressly authorized herein.

We reserve the right to terminate or modify individual features of our Services from time to time with or without notice. In the event we opt to send written notice to you detailing such termination or modification, an email will be sent to the email address you most recently provided to us. Any such termination or modification will take effect upon the date of such written notice or such later date as specified therein. We are not responsible for confirming the receipt of any such notification.

We may, in our sole discretion, determine the extent, if any, to which any such modifications may impact the charges for the Services, but we shall not have any obligation to adjust the charges by reason of any such modifications. We shall not be liable to you or any third party should we exercise our right to modify or terminate our Services or any feature of such Services.

Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You shall be fully liable for all use of your account, including any unauthorized use of such account by any third party. We bear no responsibility for communications received by you from third persons while using the Services or any use of any person’s telecommunications services, including but not limited to, your telecommunications services in connection with the use of the Services.

You shall not interfere with any other client’s use and enjoyment of the Services. You shall not use the Services to commit fraud or to promote any product or service that is illegal or violates the trademarks, copyrights or other intellectual property rights of a third party or to collect information from, any child under the age of 18.

Failure on our part to actively terminate your account following any violation by you of this Agreement shall not constitute a waiver of our right to terminate and shall not prevent us from terminating you account, consistent with this Agreement, at any point for past and/or current violations of Agreement.

We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of our Services or as to the accuracy or reliability of any information obtained through our Services, or that defects in our Services will be corrected. We will make commercially reasonable efforts to resolve any technical problems you may experience while using the Services.

We shall not have any liability to you for lost profits or other consequential, special, indirect or incidental damages, based upon a claim of any type or nature (including, but not limited to, contract, tort, including negligence, warranty or strict liability), even if advised of the possibility of such damages. Under no circumstances shall our liability, if any, exceed the amounts charged to you and paid by you for the service in question. Except as expressly set forth herein, we make no other warranties to you and disclaim all warranties of merchantability or fitness for a particular purpose.

The Services are reliant upon independent services provided by third-parties that are beyond our control. The loss or interruption of any one of those independent services may prevent the Services from operating. We will use commercially reasonable efforts to manage all communications initiated by you and/or intended for you during any loss or interruption of such independent services. Our ability to perform our obligations under this Agreement is dependent upon the availability of equipment and services from third parties (collectively, the “Vendors”) with whom we have contracted for the provision of telecommunications, internet services and equipment, and other third-party services used by us when providing the Services. You agree that we shall not be in breach of our obligations to you hereunder if we are prevented from performing such obligations by reason of the breach or other failure by any such Vendor to perform its obligations to us in accordance with the terms of such Vendor’s agreement with us.

We shall not be responsible for any delay or failure in performance that results from causes beyond its reasonable control (“Force Majeure Events”), whether or not foreseeable by such party.

You shall indemnify, defend, and hold us, our parent(s), subsidiaries, affiliates, officers, directors, and employees free and harmless from any and all claims, costs, damages, and expenses (including but not limited to reasonable attorneys’ fees), which arise from or are related to any act or omission by you in connection with the use of the Services, including but not limited to, any such claims, costs, damages, and expenses arising from or related to your violation of any terms of this Agreement, your violation of any applicable law, rule, or regulation, or any infringement by you (or any other person using the Services in reliance on your rights under this Agreement) of any intellectual property or other rights of any other person. This section shall survive termination of this Agreement.

Our trademarks, websites, corporate names, trade names, domain names, logos, and service marks (“Marks”) are the property of RingScrub. You are not permitted to use the Marks without the prior written consent of RingScrub.

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of RingScrub and RingScrub is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RingScrub is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RingScrub of the site or any association with its operators.

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

All disputes which arise under this Agreement or in connection with the Services to be delivered hereunder and which are not resolved within thirty (30) days following the delivery by one party to the other of a written notice describing the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association before a single arbitrator in Broward County, Florida. The decision of the arbitrator shall be final and binding on the parties, and judgment thereon shall be entered in a court of competent jurisdiction. YOU ACKNOWLEDGE AND AGREE THAT BY CONSENTING TO THIS AGREEMENT, YOU ARE CONSENTING TO BINDING ARBITRATION OF ALL DISPUTES HEREUNDER, AND THAT IN ARBITRATION, YOU SHALL NOT HAVE A RIGHT TO A JURY TRIAL, SHALL HAVE LIMITED DISCOVERY RIGHTS, AND SHALL HAVE VERY LIMITED RIGHTS OF APPEAL FROM THE DECISION OF THE ARBITRATOR.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

The Agreement shall be governed by and construed in accordance with the laws of the State of Florida, you agree to submit to the exclusive jurisdiction of the courts of the State of Florida and further agree that the exclusive venue for any cause of action arising under or relating to this Agreement or the Services provided hereunder shall be the Circuit Court of the 17th Judicial Circuit in Broward County, Florida. Any cause of action arising out of or related to the Agreement or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

If any provision of the Agreement is determined by an arbitrator or court of competent jurisdiction to be contrary to applicable law, then such provision shall be construed as nearly as possible to conform to applicable law and the other provisions of this Agreement shall remain in full force and effect.

We at any time and from time to time may assign our rights and delegate our duties under this Agreement without your prior consent. You may not assign this Agreement to any other person under any circumstances without our express prior written consent.

Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

This Agreement and such policies constitute the entire agreement between you and us and supersede all prior agreements between the parties regarding the subject matter contained herein.

Access to and use of password protected or secure areas of the Website are restricted to authorized persons only. Anyone accessing or who attempts to access such areas without authorization may be subject to prosecution.

BY USING THIS WEBSITE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE OR OUR SERVICES.

Last Updated: November 12, 2019