PhoneLynk Terms of Service
(Last Modified February 15, 2019)
IMPORTANT: BY USING THE SERVICE, YOU AGREE TO BE BOUND THESE TERMS OF SERVICE (AS MAY UPDATED FROM TIME TO TIME). SHOULD YOU NOT AGREE TO THESE TERMS OF SERVICE, YOU SHOULD DISCONTINUE USE. YOU ALSO AGREE TO RESOLVE DISPUTES WITH CROWDMARKET, INC. THROUGH BINDING ARBITRATION AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 9 BELOW.
CrowdMarket, INC. (“CrowdMarket,” “we,” “us,” “our”) provides this application, including any new features and related services, (collectively, the “Service” or “Services”) to you subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). To access and enjoy the Service, you, your heirs, and assigns (collectively, “you”) must agree to the Terms of Service and acknowledge that you are entering into a legally binding contract with us. If you do not agree to the Terms of Service, you should not use the Service.
1. Changes to the Terms of Service
We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit the Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service and will indicate the date they were last revised by the posted Effective Date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. It is your responsibility to regularly check the Terms of Service to determine if there have been changes to these Terms of Service and to review such changes.
2. Access and Use of the Service
A. Service Description: The Service is designed to allow users to obtain telephone numbers for voice, SMS, and MMS use, as well as to make and receive voice calls, SMS, and MMS messages via these numbers. Additionally, certain other features associate such calling and messaging may be provided such as call/message annotation, call transcribing, and call recording. Such features may be expanded.
B. Internet Service Required: An underlying Internet access is required to use the Service. You are solely responsible for procuring, maintaining, and paying for the underlying Internet service that will connect calls made with the Service to your phone. Using the Service requires using your own data minutes. Fees, service charges, per-minute data usage and other charges may be assessed by your underlying phone service provider for any calls received through the Service. CrowdMarket is not responsible for your underlying phone service, for any calls made or messages sent across telecommunications networks which are not owned by CrowdMarket, or for problems with your underlying phone service including but not limited to no service, poor reception, and dropped calls. When you use PhoneLynk to send messages, these messages will not be itemized on your wireless telephone invoice. Additionally, as explained in detail below, THE SERVICE CANNOT BE USED FOR 911 OR EMERGENCY CALLING. YOU MUST USE YOUR UNDERLYING PHONE SERVICE FOR 911 OR EMERGENCY CALLING.
C. Your Registration Obligations: You may be required to register with CrowdMarket in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and to update your information as necessary to keep it accurate, current, and complete. In addition, when using the Service, you must either be the owner of the phone data plan for the applicable mobile device or have that person’s authorization and consent to use the Service on the mobile device. As a registered user of the Service, you are responsible for any uses that are made of your account.
D. Age Restrictions: If you are under 13 years of age, you are not authorized to use the Service, with or without registering. By using the Service, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed the Terms of Service with your parent or guardian and he or she assents to the Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.
E. Modifications to Service: CrowdMarket reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CrowdMarket will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
F. General Practices Regarding Use and Storage: You acknowledge that CrowdMarket may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that a particular phone number or other content will be retained by the Service and the maximum storage space that will be allotted on CrowdMarket’s servers on your behalf. You agree that CrowdMarket has no responsibility or liability for the deletion or failure to store any data, conversations, texts or other content maintained or uploaded by the Service. You acknowledge that CrowdMarket reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that CrowdMarket reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
G. PhoneLynk Subscription: By signing up for PhoneLynk subscription and providing CrowdMarket with your payment account information, you hereby agree to these payment terms and conditions. If you choose to subscribe to a PhoneLynk subscription, you are signing up to an auto-renewing subscription requiring recurring payments and agree to pay the then current applicable Service fee listed in the agreement. You will be billed for the subscription either through your credit card. The fee will be billed on a monthly basis from the date you first subscribe to the Service, and automatically on each monthly renewal thereafter, unless and until you cancel your subscription. All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods.
Credit Card Billing. Credit card payments are processed by BrainTree, our third-party payment processor.
If your subscription is based on credit card billing, we will automatically charge your credit card monthly for the cost of the Service and any applicable taxes. If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information provided, we reserve the right to revoke access to your Service and use of PhoneLynk. If you do not bring your PhoneLynk balance current within thirty (30) days after we provide you with notification that your account is in arrears, we reserve the right to suspend or terminate your access to your Service or convert your PhoneLynk subscription to a non-subscription account. You will be responsible for paying all past due amounts. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us at email@example.com.
Cancellation. Your subscription will continue unless and until you cancel your subscription or we terminate it. You may cancel your subscription any time before each monthly renewal in order to avoid billing of the next period’s Premium Service fee to your chosen payment method.
PhoneLynk reserves the right to discontinue or modify any subscription fee payment option. We may change the pricing for the Service by updating the website without any additional notice to you, provided that any changes will not take effect until your subscription renews. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Premium Service that is subject to the promotion.
I. 911 Calling Not Available: THE SERVICE CANNOT BE USED FOR 911 OR EMERGENCY CALLING. You must make alternative arrangements to place 911 calls using your landline, mobile or cell phone and cannot rely on the Service for 911 calling capability.
CROWDMARKET DOES NOT OFFER 911 OR EMERGENCY CALLING FOR THE SERVICE. DO NOT USE THE SERVICE TO CALL 911 OR OTHER EMERGENCY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR ANY OTHER APPLICABLE EMERGENCY SERVICES.
You agree that CrowdMarket, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, any attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using the Service. You hereby waive all claims and causes of action against CrowdMarket, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using CrowdMarket Services.
3. Conditions of Use
A. User Conduct: You are solely responsible for all communications of whatever type you hold or any content of any kind that you transmit via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by CrowdMarket (“Prohibited Uses”). This list provides examples of Prohibited Uses and is provided by way of example and shall not be considered exhaustive. CrowdMarket reserves the right to investigate and take appropriate action against anyone who, in CrowdMarket’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to law enforcement authorities. You agree to not use the Service or any other services that are made available through the Service to:
• transmit any content that (i) publicly infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to hold or transmit under law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of CrowdMarket, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose CrowdMarket or its users to any harm or liability of any type;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• violate any applicable local, state, national or international law, or any regulations having the force of law;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• create a false Caller ID identity (“ID spoofing”) header, or otherwise attempt to mislead others as to the identity of the sender or the origin of any communication made using the Services;
• use the Service to violate any third party rights or any third party’s terms and conditions of service;
• use the Service for call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
• attempt to do any of the foregoing.
You further understand and agree that:
• You shall be solely liable for any calls and/or content sent or received through the Service (including but not limited to misdirected calls, wrong number calls) and that CrowdMarket has no control over calls received or the content of any transmission.
• You are solely responsible for all acts or omissions that occur under your account or password, including the content of your calls or that you transmit through the Service.
B. Monitoring use of Service: You acknowledge that we have no obligation to monitor your access to or use of the Service, or to review or edit any content, but we have the right to do so: (a) for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, enforcing our Reasonable Use Policy below, investigation and customer support purposes): (b) to ensure your compliance with the Terms of Service; (c) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Service or otherwise harmful to the Service. In order to protect the integrity of the Service, we also reserve the right at any time in our sole discretion to block users using any technologically available measures available in our sole discretion from accessing and using the Service.
C. Disclosure to Law Enforcement: You acknowledge and agree that CrowdMarket may preserve content and may also disclose conversations, texts or other content (including but not limited to call logs and phone number records) if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process, applicable laws or government requests, provided, however that CrowdMarket will make an effort to notify affected users of any such disclosure unless prohibited from doing so by applicable law or valid legal process as determined in our sole good faith. Furthermore CrowdMarket may preserve content to: (a) enforce these Terms of Service; (b) respond to claims that content violates the rights of third parties; or (c) protect the rights, property, or personal safety of CrowdMarket, its users and the public. You understand that the technical processing and transmission of the Service, including your conversations, texts, or other content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
D. Lawful Use: You represent and warrant that your use of the Service is lawful, does not violate any local, municipal, state, international or other laws and does not violate the rights of any third party. By way of non-limiting examples, you agree that you will not use this service for any purpose that is abusive, intrusive on another’s privacy, harassing, libelous, defamatory, threatening or hateful, or in any other way that would violate any applicable law. You further represent and warrant that you will only install and use the Service to record, monitor and publish communications where such recording and monitoring is authorized by law. You agree that you are solely responsible for ensuring compliance with applicable laws.
E. Number Ownership: In the event of a change to a Number that was allocated to you, you will be notified by an e-mail stating the effective date of the change and your new Number. If you do not wish to accept this new number, you may cancel your Service by letter or by e-mail addressed to firstname.lastname@example.org, with effect from the date on which the new Number has been allocated to you. CrowdMarket may not under any circumstances be held responsible for any damages that might result from the change in Number. Consequently, it is your responsibility to inform Your contacts that a Number is no longer assigned to you.
F. Number Availability: CrowdMarket cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available. CrowdMarket will not be liable for reimbursement for any expenses or any other damages you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationery, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages, including without limitation consequential or special damages arising from any alleged failure to provide you with a specific telephone number or if your assigned number becomes unavailable or must be reassigned for any reason at any time.
G. Storage: Except where required by law, CrowdMarket is not obligated to store your voicemails, sent/received calls, text messages, pictures, and/or other information maintained or transmitted by the Services. You agree that CrowdMarket has no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/or other information maintained or transmitted by the Service.
I. Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
4. Intellectual Property Rights
A. Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by CrowdMarket, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally transmit via the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of CrowdMarket, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CrowdMarket.
The CrowdMarket and PhoneLynk name and logos are trademarks and service marks of CrowdMarket (collectively the “CrowdMarket Trademarks”). Other CrowdMarket, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CrowdMarket. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CrowdMarket Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of CrowdMarket Trademarks will inure to our exclusive benefit.
B. Third Party Material: Under no circumstances will CrowdMarket be liable in any way for any content transmitted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any recordings or content, or for any loss or damage of any kind incurred as a result of the use of any conversations or content held or transmitted via the Service. You acknowledge that CrowdMarket does not pre-screen any numbers, conversations, texts or content, but that CrowdMarket and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any recordings or content that are available via the Service. Without limiting the foregoing, CrowdMarket and its designees will have the right to remove any numbers or content that violate these Terms of Service or are deemed by CrowdMarket, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any conversations, texts or other content, including any reliance on the accuracy, completeness, or usefulness of such conversations, texts or content.
C. User Content Transmitted Through the Service: You are solely responsible for the content, conversations and other materials you hold or transmit through the Service or otherwise share with other users or recipients (collectively, “User Content”). You will not record, upload or transmit any content that you did not create or that you do not own all right, title and interest in and to, or that you do not have permission to record, upload or otherwise share including, without limitation, all copyright and rights of publicity contained therein. By using the Service or holding any conversation via the Service or otherwise providing, transmitting or recording any User Content you hereby grant and will grant CrowdMarket and its Affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content, such rights to be used solely in connection with and for the purposes of operating the Service. The above shall not limit your right to use the service to leave or allow others to leave voicemail messages.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to CrowdMarket are non-confidential and CrowdMarket will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
D. Copyright Complaints: Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent or received using the Service for purposes of determining copyright infringement. However, CrowdMarket reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if CrowdMarket determines in its sole discretion that a user is a repeat infringer.
5. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. CrowdMarket has no control over such sites and resources and CrowdMarket is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that CrowdMarket will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that CrowdMarket is not liable for any loss or claim that you may have against any such third party.
In addition, CrowdMarket is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social networking services. As such, CrowdMarket is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social networking services. CrowdMarket enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
6. Indemnity and Release
You agree to release, indemnify, defend and hold CrowdMarket and its affiliates and licensors, and each of our and their business partners, officers, employees, directors, representatives and agents harmless from and against any and all losses, liabilities, judgments, penalties, fines, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service or User Content, your connection to the Service, your violation of these Terms of Service, your violation of any law, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
7. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CROWDMARKET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CROWDMARKET 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, OR (IV) THE QUALITY OF ANY CALLS, TEXTS, CONVERSATIONS PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CROWDMARKET WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CROWDMARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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 CONVERSATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CROWDMARKET’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CROWDMARKET IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
9. Dispute Resolution Procedure; Arbitration of Disputes; Class Action Waiver
This Agreement contains a binding, individual arbitration agreement and class waiver. This means that any claim must be arbitrated on an individual basis pursuant to the terms set forth below. Claims of different persons cannot be combined in the same proceeding. Also, both you and CrowdMarket are waiving the right to file a lawsuit in Court and to have a jury decide the dispute. PLEASE READ THIS SECTION CAREFULLY.
Prior to initiating arbitration, any party hereto asserting a Dispute (defined below), shall send a written statement to the other party describing with reasonable particularity the Dispute and the relief requested (the “Demand”). The parties shall attempt in good faith to resolve any such Dispute promptly via direct negotiation (between the parties and retained counsel, if any) over a period of thirty (30) days.
If and only when the pre-dispute process specified in the above paragraph is exhausted without resolution of the Dispute, may the purportedly aggrieved party proceed to file a demand for arbitration.
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, OR ANY OTHER DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF ANY INTERACTION OR COMMUNICATION BETWEEN CROWDMARKET AND YOU (“DISPUTE”), SHALL BE BROUGHT AND BE DETERMINED BY FINAL, BINDING ARBITRATION IN DALLAS, TEXAS, BEFORE ONE ARBITRATOR. Notwithstanding the immediately preceding sentence, if the JAMS Rules or any applicable JAMS Minimum Standards require it, or the Arbitrator concludes that it would be a financial or other hardship for you to participate in an arbitration in Dallas, the Arbitrator has the authority to hold the hearing, or any part thereof, in the county where you live or to permit you to attend via videoconference, Skype, Facetime, telephonic or similar virtual participation.
THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS ARBITRATION RULES. These rules may be found at https://www.jamsadr.com/adr-rules-procedures/. If the arbitration proceeds in your county of residence (instead of Dallas), and there are no JAMS arbitrators or an insufficient number of JAMS arbitrators in the jurisdiction (or another jurisdiction willing to serve in such location), and the parties are unable to agree on an arbitrator themselves, then a different arbitral association shall be selected by JAMS to conduct the arbitration.
YOU WAIVE YOUR RIGHTS, IF ANY, TO BRING ANY CLAIM THAT IS SUBJECT TO THIS ARBITRATION PROVISION AS A CLASS ACTION OR OTHERWISE ON A REPRESENTATIVE BASIS. JUDGMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
You agree that CrowdMarket, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and permanently remove access to the Service or any assigned numbers, for any reason, including, without limitation, for lack of use or if CrowdMarket believes that you have violated or acted inconsistently with the letter and/or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. CrowdMarket 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 Terms of Service may be effected without prior notice, and acknowledge and agree that CrowdMarket 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 the Service. Further, you agree that CrowdMarket will not be liable to you or any third-party for any termination of your access to the Service. In order to protect the integrity of the Services, CrowdMarket also reserves the right at any time in its sole discretion to block users from accessing and using the Service.
11. International Transfer of Information
The Service may be offered outside the United States. If so, the information we collect from you may be transferred to the United States where it will be processed and stored by us, our agents or contractors. Our privacy practices are guided by data privacy laws in the United States. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence.
12. User Disputes
You agree that you are solely responsible for your interactions and conversations with any other user in connection with the Service and CrowdMarket will have no liability or responsibility with respect thereto. CrowdMarket reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and CrowdMarket and govern your use of the Service, superseding any prior agreements between you and CrowdMarket with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Texas without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above in Section 9, you and CrowdMarket agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Dallas County, Texas. The failure of CrowdMarket to exercise or enforce any right or provision of these Terms of Service will 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. 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 these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.
14. Privacy Statement
To view the CrowdMarket/CallLynk Privacy Statement please visit: https://www.phonelynk.io/privacy-policy