These Terms of Service (the "Agreement") constitute all the terms and conditions associated with your use of the services offered by or through No More Voicemail.
Your online acceptance of this Agreement will have the same legal effect as if you were providing a handwritten signature of acceptance.
1. Services Provided
1. Services Provided No More Voicemail is the easiest way to assure that you no longer receive voicemail messages. A complete list of No More Voicemail services (the “Services”) can be found at www.NoMoreVoicemail.co (the "Website"). These Services are provided on a free basis.
2. Opening an Account
In order to become a No More Voicemail customer, you must agree to these terms and conditions.
3. Acceptable Conduct
3. Acceptable Conduct You agree to use the Services only for purposes that are lawful in the jurisdictions where you are located. You shall not use the Services to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law. No More Voicemail reserves the right to immediately, and without notice, terminate or discontinue your account in the event it determines in its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or condition of this Agreement.
4. Conditional Call Forwarding
No More Voicemail's technology is based on your phone’s conditional call-forwarding feature. Conditional call forwarding operates by forwarding ALL busy and unanswered calls to No More Voicemail’s Direct Inward Dial (DID) number for handling. By becoming a No More Voicemail customer, you acknowledge that the use of No More Voicemail's service requires use of the conditional call forwarding function of your phone. You are solely responsible for any charges by your network provider for using the conditional call forwarding feature and for any toll and long distance charges that may apply.
5. Account Security
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT. If you believe that your Account is being used in an unauthorized manner, you agree to contact No More Voicemail within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the registered device or other contact point that you have provided to No More Voicemail. No More Voicemail is not responsible for the actions of any person that accesses the service through your device.
NO MORE VOICEMAIL'S SERVICES ARE PROVIDED ON A FREE BASIS. Prices for the Services may change at any time.
We may from time to time introduce new features to a service or modify or delete existing features. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the modified terms of this Agreement, including any specific rules concerning those features.
8. Ownership of Account
No More Voicemail recognizes the person who controls the registered device as the sole owner of the Account.
No More Voicemail reserves the right, at its sole discretion and for any reason, (a) to terminate this Agreement and your access to its Services, upon one (1) day’s electronic notice and/or (b) to refuse to allow you to access your Account. If fraud is suspected, No More Voicemail has the right to put an Account immediately on hold until further investigation takes place.
10. Limitation of Liability
NO MORE VOICEMAIL SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS. NO MORE VOICEMAIL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF NO MORE VOICEMAIL HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO MORE VOICEMAIL IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING THE SERVICES. NO MORE VOICEMAIL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE SERVICES OR BY ANY OTHER MEANS. NO MORE VOICEMAIL ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE SERVICES IN ANY COUNTRY.
11. No Warranties
NO MORE VOICEMAIL DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE SERVICES. NO MORE VOICEMAIL ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE LEGALITY OF THE USE OF ANY OF THE SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.
12. Force Majeure
No More Voicemail shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure event, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of No More Voicemail.
You agree to indemnify, defend and hold No More Voicemail, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the application harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney’s fees, which are the result of, or are in any way related to, your use of the Services, or your transactions or communications with third-party vendors initiated via the Services.
All disputes, claims and/or controversies, including but not limited to matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this Agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
15. Consent to Communications
By entering into this Agreement, you consent to the receipt of electronic mail ("e-mail") and text message communication from No More Voicemail. In addition to sending you e-mail and text message notifications as provided for above, No More Voicemail may also send you communications about services and products we believe may be of interest to you. You may opt out of future e-mails and text messages about products or services by contacting us by e-mail at [email protected] No More Voicemail reserves the right, however, to continue to contact you regarding important information relating to the Services, your Account or this Agreement.
This Agreement may be modified or amended by No More Voicemail at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the No More Voicemail website under "Terms and Conditions." YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.
All corporate names, service marks, logos, trade names, trademarks, applications and domain names of No More Voicemail (collectively "Marks"), including but not limited to "No More Voicemail," are and shall remain the exclusive property of No More Voicemail and nothing in this agreement shall grant you the license to use such Marks without the express written permission of No More Voicemail. No More Voicemail retains ownership and all rights to the No More Voicemail name, logo, software, databases, reports, application, and information. No More Voicemail reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by No More Voicemail. However, each individual user has the right to use the No More Voicemail name on his, her or its application to further promote the No More Voicemail service to the Internet community.
If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this agreement will continue in full force and effect.
19. Integration - Entire Agreement
This Agreement, together with any written amendments or modifications, constitutes the entire agreement between you and No More Voicemail with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and No More Voicemail.
20. Governing Law
This Agreement, and all modifications and amendments thereto, shall be governed by the law of the State of New York, U.S.A., without giving effect to its conflicts of laws principles.
The materials contained in these Terms of Service are provided for general information and entertainment purposes only and do not constitute any form of advice. No More Voicemail assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage which may arise from reliance on the information contained herein. Links to other applications may at times be provided for your enjoyment, but No More Voicemail accepts no responsibility or liability for access to or the material on any application which is linked from or to this application. By providing links to other applications, No More Voicemail does not guarantee, approve or endorse the information or products available at those applications, nor does a link indicate any association with or endorsement of the linked application by No More Voicemail.
All communications and notices to be made or given pursuant to this Agreement shall be in the English language.