1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
WebConference.com™ currently provides users with access to a rich collection of web conferencing resources, including, various communications tools, forums, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the service may include certain communications from WebConference.com™, such as service announcements, administrative messages and the WebConference.com™ Newsletter, and that these communications are considered part of WebConference.com™ membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new WebConference.com™ properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that WebConference.com™ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
WebConference.com™ does not
guarantee the ability of our customers to connect to their customers or guest at
any time or their ability to connect to you. WebConference.com™ provides an Internet conferencing service
and only guarantees to provide access to WebConference.com™ services and will not
be held responsible for acts of God, blackouts, in climate weather, etc.
The speed of our service is
subject to many factors including but not limited to your internet service
provider, geographic location on the planet, number of router hops to your
location, etc. Speed is also a
subjective dimension varying from person-to-person; hence, WebConference.com™
does not guarantee speed.
WebConference.com™ is not
responsible for the actions of its customers, for their behavior or inability to
perform their services or collection of fees to participate in their
You must be at least 18 years of age to access our services.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) submit a valid credit card number as part of the registration form and to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data")
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WebConference.com™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WebConference.com™ has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). WebConference.com™ is concerned about the safety and privacy of all its users.
(c) cancel the account using the self-service online cancellation process. If you cancel after demonstration and only one use, the monthly service charge may be refunded. WebConference.com™ reserves the right to reject a request for refund of monthly service charge if 2 or more conference have been attempted. You may cancel via fax to 818-246-8984 or by personally speaking with a WebConference.com™ representative by calling 818-246-0535 only when the self-service online cancellation process is not operational or not a possible option within your means.
(d) print out a copy of the cancellation verification including the Cancellation Number when using the self-service online cancellation process or request some type of document as verification of cancellation when canceling via fax or voice.
an email to cancel your account is not allowed.
receive training on the use of web conferencing software from
4. YOUR PAYMENT OBLIGATIONS
In consideration of your use of the Service, you agree:
(a) to give permission to WebConference.com™ to automatically charge your credit card at the end of each billing cycle without notice. WebConference.com™ service fees accrued at the end of each billing cycle are NON-REFUNDABLE.
(b) to be responsible for canceling your account by receiving an Cancellation Number to be used in all correspondence and, while your account is active, you agree to pay the service fees accrued from the time of your registration to the actual date of cancellation REGARDLESS OF USAGE, SATISFACTION WITH THE SERVICE AND/OR ANY OTHER REASON.
(c) that WebConference.com™ may, with a 30 days notice to our customers, amend our services or the fees charged for our services and that unless you cancel your account you automatically agreed to the new service fees.
(d) to be solely responsible for ensuring that the services are renewed and that in the event WebConference.com™ can not secure funds to your credit card on file, WebConference.com™ may cancel the account without notice. WebConference.com™ shall have no liability to you or any third party in connection with the continuance of service, including, but not limited to, any failure or errors in renewing the services.
(e) not to dispute any charges unless you have followed the proper cancellation procedure and have proof of the cancellation as described on sections (3.c), (3.d), (3.e). The only acceptable proofs of cancellation are a document signed by one of our representatives or a cancellation notice generated when using the on-line self-cancellation process. Proof of sending an email to cancel your account will not be considered valid proof of cancellation.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WebConference.com™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WebConference.com™ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold WebConference.com™ and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you have been fully authorized by a senior executive of WebConference.com™ in writing.
10. MODIFICATIONS TO SERVICE
WebConference.com™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WebConference.com™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that WebConference.com™, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if WebConference.com™ believes that you have violated or acted inconsistently with the letter or spirit of the TOS. WebConference.com™ 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 TOS may be effected without prior notice, and acknowledge and agree that WebConference.com™ 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 WebConference.com™ shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WebConference.com™ has no control over such sites and resources, you acknowledge and agree that WebConference.com™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WebConference.com™ shall 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 such Content, goods or services available on or through any such site or resource.
13. DISCLAIMER OF WARRANTY ON SOFTWARE
You expressly acknowledge and agree that use of the WebConference.com™ Software is at your sole risk. The WebConference.com™ Software is provided "AS IS" and without warranty of any kind (WebConference.com™ and WebConference.com™'s licensor(s) shall be collectively referred to as "WebConference.com™") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WebConference.com™ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WebConference.com™ SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WebConference.com™ SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WebConference.com™ SOFTWARE WILL BE CORRECTED. FURTHERMORE, WebConference.com™ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WebConference.com™ SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WebConference.com™ OR A WebConference.com™ AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE WebConference.com™ SOFTWARE PROVE DEFECTIVE, YOU (AND NOT WebConference.com™ OR A WebConference.com™ AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise.
15. GENERAL INFORMATION
The TOS constitute the
entire agreement between you and WebConference.com™ and govern your use of the
Service, superceding any prior agreements between you and WebConference.com™. You
also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The TOS and
the relationship between you and WebConference.com™ shall be governed by the laws
of the State of California without regard to its conflict of law provisions. You
and WebConference.com™ agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Los Angeles, California. The failure
of WebConference.com™ to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS 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 the TOS
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 the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the
TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.