Terms and Conditions
These Terms and Conditions (“Terms”) are for use of (i) the website with a home page located at www.callcabinet.com (“Website”); (ii) the CallCabinet applications (“Applications”), all of which are owned, operated and/or licensed to or by CallCabinet Corporation, a Delaware corporation (“CallCabinet”); and, (iii) all the Services and Equipment, as described below. Terms such as “us” or we” refer to CallCabinet. Terms such as “you”, “your” or “yours” refers to you, whether you are (i) the licensee of an Application; (ii) the purchaser of Equipment; (iii) the employee, contractor or other agent of said licensee of an Application or the purchaser of Equipment who will use the Application; and/or (iii) any and all other the users of the Application, the Equipment or the Website (“End User”). When accepted by you, these Terms will be a binding legal agreement between you and CallCabinet.
THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT(S) (AS DEFINED BELOW), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, THEN (I) YOU MAY NOT USE THE EQUIPMENT, THE APPLICATIONS OR THIS WEBSITE; AND (II) YOU SHOULD DISCONNECT YOUR EQUIPMENT OR END USER EQUIPMENT FROM YOUR ACCOUNT.
1. Terms and Eligibility
CallCabinet provides various services and applications whereby the End User can record, store and retrieve audio files and related data, along with other related Services as described in the Website, from time to time (each a “Service” and collectively the “Services”). The Services can be provided either through the purchase of equipment with the Applications pre-installed (for all equipment purchased from CallCabinet, the “Equipment”) or by downloading Applications for installation on the End User’s own equipment (the “End User’s Equipment”). The data recorded from the Service can be stored on the End User’s Equipment or the End User can subscribe to CallCabinet’s Atmos Cloud based storage (“Atmos Cloud System”). The Services, the Website, the Equipment, the Atmos Cloud System and all other goods or services that CallCabinet may provide, from time to time, are collectively referred to as the “Products”.
Your purchase and use of all of Products are governed by these Terms. You may use the Services only if you can form a binding contract with CallCabinet, and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Products by anyone under the age of 18 is strictly prohibited and is a violation of these Terms. The Products are not available to any users previously prohibited from using the Products by CallCabinet.
To use or activate the Products, you must register for a user account on the Website (“Account”) and provide certain information about yourself as prompted by Website registration process. By registering for an Account, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Products do not violate any Laws; (d) you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations; and, (e) you are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.
2. Applicable Laws.
By agreeing to be bound by these Terms: (i) you agree to comply with all local, federal, state, foreign laws, rules and regulations governing the Products or use of the Services (collectively, the “Laws”); (ii) you agree that you are solely responsible for compliance with all such Laws; and, (iii) you have not relied on any representation or statement made by CallCabinet as to whether or not you are subject to any Laws or that your intended use will comply with such Laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Products. The materials contained in the Website and the Applications are protected by applicable copyright and trade mark law.
3. Your Responsibility to Comply with Laws and Obtain Consent to Record Telephone Calls and Conversations Where Required.
DATA PROTECTION AND PRIVACY LAWS WHERE YOU LIVE MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOU AND YOUR USE OF THE PRODUCTS. YOU AGREE THAT YOU (AND NOT CALL CABINET) ARE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ANY APPLICABLE LAWS WHEN YOU USE THE PRODUCTS, INCLUDING BUT NOT LIMITED TO (I) ANY LAWS RELATING TO THE RECORDING OR SHARING OF AUDIO CONTENT THAT INCLUDES THIRD PARTIES, OR (II) ANY LAWS REQUIRING NOTICE TO OR CONSENT OF THIRD PARTIES PRIOR TO RECORDING TELEPHONE CALLS OR THE USE OF THE PRODUCTS. CALLCABINET EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR INFORMING YOU OF THE REQUIREMENTS OF YOUR LOCAL LAWS AND YOUR COMPLIANCE THEREWITH.
4. License Grant.
Subject to the terms and conditions of this Agreement, CallCabinet hereby grants to you a non-exclusive, non-transferable license (“License”) to use the Applications you have purchased or for which you have a subscription. The use of such Applications is strictly limited to the use of the Services and this Agreement solely for your own internal business operations. You acknowledge that the Applications and all related information are proprietary to CallCabinet and its suppliers. This is the grant of a non-exclusive and limited license and is not a transfer of title or assignment of any property rights to you.
Certain items of independent, third party code may be included in the Products that are subject to “open source software” e.g., the GNU General Public License, Lesser General Public License or other open source licenses (collectively, “Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the licensing accompanying such Open Source Software.
Unless you purchased the Application, the License is terminable by CallCabinet at any time. Unless explicitly provided otherwise in the License, under the License you may not:
(a) modify or copy the program, its code or any other materials;
(b) use the Application for any commercial purpose not described in these Terms or on the Website, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained on the Application;
(d) take any action which may cause the Products, or any portion thereof, to be subjected to the terms of any additional Open Source Software licensing.
(e) remove any copyright or other proprietary notations from the materials; or
(f) transfer the Application to another person or “mirror” the materials on any other server, without CallCabinet’s written consent.
The License may be amended, modified or revoked by CallCabinet at any time as provided in these Terms. The License will automatically terminate if (i) you violate any of these Terms; or, (ii) if your Account is closed or terminated for any reason.
Your permission to use the Products are conditioned upon your agreement with CallCabinet that you:
(i) will comply with this Agreement;
(ii) are solely responsible for the secrecy and security of your Account Credentials and any activity that occurs in your Account; and
(iii) are solely responsible for your compliance with all Laws and maintaining the privacy rights of your customers or other parties being recorded using the Products.
5. End User Responsibilities for Equipment.
In the event that you are provided with Equipment by CallCabinet then you shall be solely responsible for all of the following:
(a) to maintain all Equipment or End User Equipment in accordance with the manufacturer’s specifications; and
(b) to supply at your cost, all telephony lines, internet connections and all transportation for any data you may transmit by, to or from any Applications, and the costs of, obtaining and maintaining any equipment or ancillary services the Application needs to operate or to otherwise use the Application, including, without limitation, a mobile device, cellular service, data service, software and anything else that is necessary. You shall be responsible for ensuring that such equipment is compatible with the Application.
7. Security And Privacy.
By entering into these Terms, you agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your user name and password (“Account Credentials”) securely to prevent others from gaining access without your permission. You agree to immediately notify CallCabinet of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. CallCabinet is not liable for any loss or damage arising from your failure to comply with the above requirements.
8. Certain Restrictions.
(a) The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Products; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Products; (iii) you agree not to access the Products in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Equipment, the Applications, the Website or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by CallCabinet; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
(b) CallCabinet cares about the integrity and security of your personal information. However, CallCabinet cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(c) Unless you purchased the Application, CallCabinet reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that CallCabinet will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
(d) Although the Website is accessible worldwide, the Products provided or accessed through or on the Websites may not available to all persons or in all countries. If you choose to access the Website from outside a country in which CallCabinet supports the Products, from time to time (“Target Country”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Website is not designed for use in a non-Target Country and some or all of the features of the Website may not work or be appropriate for use in such a country. To the extent permissible by law, CallCabinet accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Website or Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Website or use the Products.
9. Agreed Usage and Limitations of CallCabinet Services
(a) The Services are intended to be accessed and used for non-time-critical usage. While we aim for the Services to be highly reliable and available, they may not to be reliable or available 100% of the time.
(b) From time to time, CallCabinet may restrict or suspend Services for maintenance updates and you will be notified in advance of any scheduled maintenance. In addition, the Services are subject to sporadic interruptions and failures for a variety of reasons beyond CallCabinet’s control, including service provider uptime, carrier notifications and carrier outages, among others. You acknowledge these limitations and agree that CallCabinet is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
(c) The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. CallCabinet does not offer any specific uptime guarantee for the Services.
In no event shall CallCabinet or its suppliers be liable for any damages (including, without limitation, damages for loss of data or lost profits, or due to business interruption) arising out of the use or inability to use the Application or if such damages are caused by the Application, even if CallCabinet or a CallCabinet authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not fully apply to you.
11. Application Updates.
Some of the Applications may have a feature where the Application may update itself, from time to time, with or without user interventions. You consent to the automatic updating of the Applications. If you do not agree to this automatic update feature, then you should not use the Products or specifically request (in writing) to have this feature disabled.
12. Equipment Warranty.
CallCabinet is not a manufacturer of any Equipment but is merely a re-seller. When you order Equipment, CallCabinet purchases such hardware and then CallCabinet configures the Equipment and, in certain instances, may install the Applications you desire. As such, CallCabinet expressly disclaims any warranties for any such Equipment and unless otherwise agreed, you agree to look solely to the manufacturer of such Equipment for service, support and any and all product liability or other claims you may have resulting from your purchase or use of the Equipment. For End User Equipment, CallCabinet expressly disclaims any warranties for any such End User Equipment and you agree to look solely to the manufacturer of such End User Equipment for service, support and any and all product liability or other claims you may have resulting from your purchase or use of the End User Equipment.
You agree to defend, indemnify and hold CallCabinet and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Products or Services, (ii) your violation of these Terms, (iii) any User Submissions or Feedback you provide; or (iv) your violation of any law or the rights of any third party. CallCabinet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CallCabinet and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Call Cabinet’s prior written consent. CallCabinet will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. Warranty Disclaimers.
(a) THE WARRANTY FOR THE PRODUCTS ARE SET FORTH EXCLUSIVELY IN THESE TERMS.
(b) THE WEBSITE AND SERVICES ARE PROVIDED FOR YOUR CONVENIENCE ON AN “AS IS” AND “AS AVAILABLE” AND CALLCABINET AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(c) CALLCABINET AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE PRODUCTS: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR EQUIPMENT OR END USER EQUIPMENT; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CALLCABINET OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
(e) WHEN YOU INSTALL, SETUP OR USE THE PRODUCTS YOU MAY BE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR EQUIPMENT OR YOUR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
15. Limitation of Liability
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CALLCABINET BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF CALLCABINET KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CALLCABINET’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO CALLCABINET OR CALLCABINET’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CALLCABINET DISCLAIMS ALL LIABILITY OF ANY KIND OF CALLCABINET’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL CALLCABINET BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE PRODUCT, SERVICE, WEBSITE OR THE APPLICATION. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
16. Disclaimers of Warranty.
17. Release Regarding Third Parties.
CallCabinet is not responsible for third parties or their products and services, including, without limitation, ISPs, and carriers. CallCabinet hereby disclaims and you hereby discharge, waive and release CallCabinet and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
18. Ownership and Intellectual Property
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Products, the Services, the Website and the Applications are owned by CallCabinet or its affiliates or our licensors. Your possession, access, and use of the Products, the Services and the Applications do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. CallCabinet and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Applications and the Services are licensed to you, not sold, under these Terms.
You may only use the License, the Applications and the Services on to your own computer for your own personal or commercial use. You may not use the content of the Website, the Services or the Applications in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the prior written consent of CallCabinet. CallCabinet retains full and complete title to all content on the License, the Applications and the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of License, the Applications and the Services or any content therein.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and Application, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the License. “CallCabinet” is the registered trademark of CallCabinet, Corporation. Other product and company names that are mentioned on the Website or provided as part of the Application may be trademarks of their respective owners.
CallCabinet reserves all rights that are not expressly granted to you in these Terms. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features, the trademarks, service marks and logos contained therein (collectively, the “Marks”). The Marks are owned or licensed to CallCabinet, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Any content, application or software provided by CallCabinet is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
19. Revisions and Errata
The materials appearing on or in the Website and/or the Application could include technical, typographical, or photographic errors. CallCabinet does not warrant that any of the materials on its web application are accurate, complete, or current. CallCabinet may make changes to the materials contained on its web application at any time without notice. CallCabinet does not, however, make any commitment to update the materials.
CallCabinet has not reviewed all of the sites linked to its Website and/or the Application and CallCabinet is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CallCabinet of the linked site. Use of any such linked website is at the user’s own risk.
CallCabinet may revise these Terms at any time without notice. By using the Products, the Services, the Website and/or the Application, you are thereby agreeing to be bound by the then current version of these Terms.
22. Governing Law and Venue
This Website, the Application and the Service are operated by a U.S. entity and these Terms are governed by the laws of the State of Florida. These Terms and all other agreements between you and CallCabinet, along with any claim relating to the Website, the Application or the Service shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Any action arising out of this Agreement or the relationship of the parties established herein shall be brought exclusively in a court of competent jurisdiction located in Palm Beach County, Florida, and you, on your behalf and on behalf of all those claiming under you, hereby consent and submit to the jurisdiction of such courts.
CallCabinet may terminate or suspend any and all functions of the Application and your access to the Website immediately, without prior notice or liability, if you breach any of these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
24. International Use.
Accessing materials on this Website and/or the Application by certain persons in certain countries may not be lawful, and CallCabinet makes no representation that materials on this Website and/or the Application are appropriate or available for use in locations outside of the Target Countries.
25. Notification Of Copyright Infringement
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website, the Services or the Applications, please immediately provide Call Cabinet with written notice of same (“Notice”) that describes the infringement and your rights in the work being infringed. Send our Notice by U.S. Mail to:
951 Yamato Road, Suite 204
Boca Raton, Florida 33431
26. Electronic Communications
The communications between you and CallCabinet may use electronic means, whether you visit the Website, use the Application or send us emails, or whether CallCabinet posts notices on the Website or communicates with you from within Applications or via email. For contractual purposes, you (a) consent to receive communications from CallCabinet in an electronic form; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that CallCabinet provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights under applicable laws, if any.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. CallCabinet shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond CallCabinet’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms are found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable, or sub-licensable by you except with CallCabinet’s prior written consent. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. YOU AND CALLCABINET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CALLCABINET MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
CallCabinet’s address is as follows:
951 Yamato Road, Suite 204
Boca Raton, Florida 33431
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Products, Website, Services or Applications are the property of CallCabinet or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of CallCabinet or such respective holders. CallCabinet reserves the right to alter these Terms, the Products, Services, the Applications, offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
1. Information We Collect
To better serve Website visitors, Application users and other users, CallCabinet collects several basic types of information from our users:
(a) Personally identifiable information: This is information that personally identifies one individual from another. This information is voluntarily provided to us by you and is used by us for the purposes described herein. CallCabinet does not rent or sell any of this information to anyone. We also log user’s IP addresses which are transmitted to us when viewing the Website and your date and time of use each time you use the Application.
(b) Aggregate user and tracking information for Sponsors: This information is an aggregate of all users of the Application and may include gender, age, friend or follower count, location of each use and other demographic information. This information may be used in marketing or reports for Sponsors to demonstrate usage of the Application and its appeal and effectiveness.
(c) Aggregate user and tracking information for CallCabinet: This information gives us insights on how our Application users and Website visitors use our site, our Application and our other products. This data is anonymous in nature and does not contain any personally identifiable information. We use this information to ensure that the Website, the Application, e-mails and marketing efforts continue to appeal to our Sponsors, users and others.
(d) Other Information CallCabinet Collects: When you visit the Website, we automatically collect some information about your visit using cookies, web beacons, log analysis software and other aggregate tracking technologies. When you use the Application, CallCabinet collects information about your mobile device so that CallCabinet can continue to develop the Application to work on a broad number of devices.
(a) CallCabinet will collect and use information obtained from credit card transactions only for business purposes. These business purposes include the payment of amounts due to CallCabinet, from time to time.
(b) The credit card information provided by you to CallCabinet will be stored in a confidential manner. Our employees may access such information only when there is an appropriate business reason to do so, such as when a charge is due to CallCabinet, when refund must be issued back to the credit card or when there is an issue or dispute as to charges made on the credit card. We maintain physical, electronic and procedural safeguards to protect your information, and our employees are required to follow these privacy standards.
(c) CallCabinet does not disclose any nonpublic information (such as credit card number and their expiration dates) about our customers or former customers to anyone, except as required by law. We disclose information only when it is necessary for the conduct of local, state or federal government business, or under circumstances where disclosure is required by law. Information may also be disclosed for audit purposes, to regulatory agencies or for other general administrative services. We do not disclose information about you to other entities who may want to sell their products to you.
(d) When processing credit card information, Call Cabinet’s website uses Secure Socket Layer (SSL) protocol to ensure transaction security.
Cookies are files that contain small amounts of data. If your browser is configured to accept these files, they are stored on your computer’s hard drive. CallCabinet uses these data files when you visit our Website to anonymously identify you. By using cookies, CallCabinet is able to:
(a) Completely support and enhance your visit to our Website.
(b) Allow you to access your account information without requiring you to answer your sign-in question multiple times during the same visit to our Website.
(c) Ensure that you won’t see the same promotions too often.
(d) Better measure how many users view and navigate our Website.
(e) Better measure how effective our online marketing campaigns are performing.
4. Tracking Pixels
As a means of measuring the efficacy of the online advertising and marketing campaigns that CallCabinet employs, we may also allow third-party advertising companies to use a single-pixel image file on our Website to collect information about your visit. This information is anonymous in nature. It only identifies actions being performed on our Website. It does not tie actions back to any individual user of our Website. No personally identifiable information is collected during this process. Certain CallCabinet marketing and confirmation e-mails may also contain a single-pixel image file to detect when and whether you’ve opened the e-mail. CallCabinet may also track clicks from e-mail communications using an internal or third-party tracking system. CallCabinet uses this personal information to continually assess and improve the Application we offer.
These tracking mechanisms are used to ensure that the Website and e-mails continue to provide relevant content that is interesting and useful to our users.
5. Log File Analysis
6. How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file for more than 60 days in order to better personalize the messages that are displayed to you, and to help us identify loyal users who may qualify for additional Machine credits.
Atmos Cloud System uses 256 bit encryption and each call recording is encrypted before being transferred. When transported by you to the Atmos Cloud System, all of your data is stored using encryption keys specific to you. All data is backed up daily and is redundant across multiple geographic locations.
7. Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our Website, Products and Services are all directed to people who are at least 13 years old or older.
8. Information from Third-Party Sources
CallCabinet may periodically add or update information about you obtained from third-party sources. Examples include updated address, business address or other information from such business partners or other third parties; or credit history information from credit bureaus.
This information can help us accurately fulfill requests and deliver messages to you.
We also receive aggregate information such as page views, search terms and click-through information from sources, such as companies we advertise with.
9. How Call Cabinet Uses the Information We Collect
CallCabinet may use your information, including personally identifiable information, for business purposes including, without limitation, for the following business purposes:
(a) Answers to your questions.
(b) To improve the quality of your Website visit.
(c) To complete your request.
(d) To notify you of any changes to your requests.
(e) To create your CallCabinet user account on our servers.
(f) To send marketing communications and purchase confirmations that you have opted-in to or otherwise agreed to receive.
(g) To send surveys to you.
(h) To update your user account with any information we receive from you or from third-party sources about you.
(i) To post Messages to your account and publish, market and distribute those Messages as contemplated in the Application.
Additionally, CallCabinet may use your personal information and non-personally identifiable information it collects during your Website visit, Application usage, during your interaction with our e-mails or during your interaction with our third-party marketing efforts for other purposes including without limitation, the following:
(a) To provide marketing reports, demographic reports and other information to Sponsors to demonstrate the effectiveness of CallCabinet and usage and of individual Messages.
(b) To better monitor in the aggregate the effectiveness of our Messages, advertising and marketing campaigns.
(c) To better monitor in the aggregate how visitors and users are using our Website.
(d) To ensure that our Application and Website and e-mails continue to provide relevant content that is interesting and useful to our Sponsors and users.
(e) To uncover and diagnose problems with our servers.
(f) For day-to-day system administration needs.
11. Additional Uses of Personally Identifiable Information
Additionally, CallCabinet may use your information, including personally identifiable information, for special purposes. Below are a few examples of special purposes:
(a) In disclosures to law-enforcement agencies when required by law.
(b) In disclosures to law-enforcement agencies and/or credit card companies in cases of fraud or in other cases where an individual poses a threat to the interests of CallCabinet, its users or its Sponsors.
(c) To resolve disputes.
(f) If you prefer your web browsing patterns on the Website to be tracked anonymously or if you prefer for your web browsing patterns to not be tracked in this way, or if you prefer that your personally identifiably information and Social Media Site information not be used by CallCabinet as provided herein, then you are not authorized to use the Website or the Application and you are directed to leave the Website and cease using the Application immediately.
12. What You’ll Receive from CallCabinet
CallCabinet believes that clear communications with our users is a key part of a great user experience. We only want to send you e-mail that you expect to receive or that you have requested. All of our e-mail contains clear information on how to unsubscribe, and we honor all requests as quickly as possible. Below are examples of types of communications you may receive from us.