terms and conditions

AGREEMENT

These Terms of Use (the “Agreement”) constitute a legally binding agreement by and between Iotum Inc. (“Iotum”) and you or your company (in either case, “You” or “Your”) concerning Your use of the FreeConferencePro.com website (the “Website”) and the conferencing services offered by Iotum in association with the Website (the “Services”). By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND REFRAIN FROM USING THE SERVICES IN ANY WAY.

SERVICES

FreeConferencePro is a free, full-featured audio conferencing service. Users can use any touch-tone telephone – a landline, mobile phone, or even a pay phone to access our system. Using FreeConferencePro is absolutely free. Each conference participant dials a regular U.S. telephone number to reach our service. Depending on each user’s location, this may be a long distance call, in which case their phone company may charge them according to their long distance plan. The call itself is free to users with nationwide, unlimited, or bundled long distance service. Use of FreeConferencePro is always completely free for all users, and you can use it as often as you need and for as long as you like, no strings attached.

All callers are individually responsible for paying any incurred long distance phone charges to the conference access number.

PRIVACY POLICY

By using the Website and Services, You consent to the collection and use of certain information about You, as specified in FreeConferencePro’s Privacy Policy (the “Privacy Policy”). Iotum encourages users of the Website and Services to frequently check FreeConferencePro’s Privacy Policy for changes. By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, the Privacy Policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. If there is any conflict between any provision of this Agreement and the Privacy Policy, the provision of this Agreement shall control.

CHANGES TO AGREEMENT AND PRIVACY POLICY

Internet and wireless technology and the applicable laws, rules and regulations change frequently. ACCORDINGLY, IOTUM RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME. NOTICE OF ANY SUCH CHANGE WILL BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND REFRAIN FROM USING THE SERVICES. Unless Iotum obtains Your express consent, any revised Privacy Policy will apply only to information collected by Iotum after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

ELIGIBILITY

BY USING THE WEBSITE AND THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. If You are using the Website or Services on behalf of a company, You further represent and warrant that You are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.

LICENSE

Subject to Your compliance with the terms and conditions of this Agreement, Iotum grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of Iotum or any other party. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

USER INFORMATION/PASSWORD PROTECTION

In connection with Your use of the Website and Services, You will be required to complete a registration form. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website or Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy.

You will also be asked to provide, or may be given, user names, passwords and access codes in connection with Your use of the Website and Services. You are entirely responsible for maintaining the confidentiality of Your conference phone numbers, access codes, user names and passwords. You may not use the account, access codes or passwords of any other Website or Services user. You agree to notify Iotum immediately of any unauthorized use of Your accounts, access codes or passwords. Iotum shall not be liable for any loss that You incur as a result of someone else using Your account, access codes or passwords, regardless of whether with or without Your knowledge. You may be held liable for any losses incurred by Iotum, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account, access codes or passwords.

THIRD-PARTY WEBSITES

The Website may be linked with websites operated by third parties (“Third-Party Websites”). Iotum does not have control over the Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. IOTUM HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, GOODS AND SERVICES MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, IOTUM DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF ANY INFORMATION, MATERIAL, GOODS OR SERVICES MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. IOTUM DISCLAIMS, AND YOU HEREBY AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

CONSENT TO RECEIVE EMAIL

To the extent allowable under applicable law, by establishing an account with FreeConferencePro, You consent to receive periodic email communications from Iotum concerning Iotum’s products and services, including without limitation Iotum’s periodic newsletters, occasional service update emails, and summary emails regarding scheduled conferences before and after they are complete.

PROHIBITED USES

Iotum imposes certain restrictions on Your use of the Website. You represent and warrant that You will not: (a) violate or attempt to violate any security features of the Website; (b) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (c) attempt to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach any security or authentication measures without proper authorization; (d) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website or infrastructure that provides the Services. Any violation of this section may subject You to civil and/or criminal liability, and Iotum reserves the right to cooperate with law enforcement in any investigation of any violation of this or any other section of this Agreement.

When using the services offered on or through FreeConferencePro.com and/or FreeConferencePro telephone service, you agree to abide by our standards. The FreeConferencePro Service is provided so that users may have a fast and easy way to speak with a group of people over the telephone. To keep our service freely available to the public, all users agree to adhere to our standards. As such, you may not say through FreeConferencePro anything which is:

  1. unlawful, threatening, harassing, defamatory, invasive of privacy or publicity rights,
  2. is vulgar, obscene, indecent, sexually explicit, or otherwise objectionable;
  3. violates or infringes in any way upon the rights of others,
  4. promotes, solicits, encourages, commits, or condones conduct which constitutes a criminal or civil offense;

You may not undertake or encourage any conduct that, in our sole opinion, abuses, limits, restricts, or negatively affects any other user from enjoying any of the Services.

INTELLECTUAL PROPERTY

The Website, all content and materials located on the Website, and the free conferencing infrastructure that delivers the Services, including without limitation the FreeConferencePro name and any logos, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of Iotum or its licensors. Except as explicitly provided, neither Your use of the Website and Services, nor Your entry into this Agreement, grant You any right, title or interest in or to any such content or materials. FreeConferencePro, FreeConference.com, and the FreeConference.com logo (“Marks”) are trademarks or registered trademarks of Iotum. The Website is Copyright © 2007 to the present, IOTUM ALL RIGHTS ARE RESERVED.

DISCLAIMERS; LIMITATION OF LIABILITY

(a) NO WARRANTIES

IOTUM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, IOTUM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER IOTUM NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER IOTUM NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, IOTUM HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTY.

(b) YOUR RESPONSIBILITY FOR DAMAGE

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD IOTUM OR ITS LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

(c) LIMITATION ON LIABILITY

IOTUM WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA.

(d) APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATIONS OF LIABILITY IN ANY OTHER AGREEMENT OR AGREEMENTS BETWEEN YOU AND IOTUM OR BETWEEN YOU AND ANY OF IOTUM’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IOTUM’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

INDEMNITY BY YOU

You agree to indemnify and hold harmless Iotum and its officers, directors, employees, agents, affiliates, representatives, sublicensees, assigns and contractors (collectively, the “Iotum Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not attorneys’ fees and costs, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; or (ii) Your access to or use of the Website or Services.

TERMINATION

(a) By Iotum

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IOTUM RESERVES THE RIGHT TO, IN IOTUM’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

(b) Automatic Termination Upon Breach By You

This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Iotum.

(c) By You

You may terminate this Agreement at any time, for any or no reason at all, by providing Iotum notice of Your intention to do so by email notice to support@freeconferencepro.com.

MISCELLANEOUS

This Agreement constitutes the entire agreement between Iotum and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Iotum. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Iotum. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site or Services. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of Iotum to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services or this Agreement must be filed within one year after such claim or cause of action arose. The section titles of the Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.

CHANGES TO THE WEBSITE/UPDATES/TERMS

Iotum may make changes to the Content, services, or the products provided by FreeConferencePro, at any time without notice. Iotum makes no commitment to update Content, services or products. Iotum reserves the right to make changes to its Website and these Notices and Disclaimers at any time. Your access or use of the Website, Content, or services subsequent to such a change will signify your consent to such changes.