Terms of use

Terms of Use

Please review these terms and conditions of use carefully before using our chat widget, our applications, or our websites.

This Terms of Use (these “Terms”) states the terms and conditions upon which the operator of the widget, application, or website (“we” or “us”) will provide service to you through our chat widgets, applications, and websites (collectively, the “Service”). As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or itsrepresentatives, successors, assigns and affiliates, and any of your or their devices.

By visiting, accessing, using, downloading, copying, installing and/or joining (collectively “using”) the Service, you express your understanding and acceptance of these Terms. If you do not agree to be bound by these Terms, do not proceed with using the service.

NOTICE REGARDING DISPUTE RESOLUTION: These Terms constitute a binding contractual agreement between you and us. These Terms also contain an arbitration clause under which certain claims may not be brought in a court or decided by a jury, so please read this document carefully. Pursuant to the further dispute resolution clauses, you will only be permitted to pursue claims against us on an individual basis and not as part of any class or representative action or proceeding, and you will only be permitted to seek relief on an individual basis.

These terms also include certain liability limitations and legal and health disclaimers that limit our liabilities. In other words, your use of the Service is at your own risk and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service.

1. General Information

(a) As part of our service, you understand that we provide and operate a chat widget and related services provided to third parties (“Our Clients”) for use on their own websites (“Client Websites”). Our chat widget is not operated or owned by Our Clients, nor do we own or operate the Client Websites. Accordingly, we are not responsible for any information on the Client Websites. Furthermore, we are not responsible for any of services or products you receive from or through Our Clients. Though our service may be used in connection with legal, medical, or other professional services, products or advice, we do not and cannot provide any legal, medical, or other professional services, products, or advice.

(b) You acknowledge and understand that though we are acting as customer service agents for Our Clients, we are third-parties with whom you are chatting. Accordingly, by chatting with us and using our Service, you acknowledge and understand that you are not talking directly with the operator of the Client Website and that we have access to and will retain copies of your chat transcript as well as other information you may provide us through the Service. This information may be shared with Our Clients as well as other parties working with us and Our Clients as part of providing you customer service for Our Clients. By using the Service and accepting these Terms, you indicate your understanding, acceptance, and consent to all of the foregoing.

(c) You understand and acknowledge that any information that we provide to you regarding Our Clients is based on information that we receive from Our Clients. Accordingly, to the extent that you have any concerns, issues, or claims arising from the information that we provide to you that we receive from Our Clients, you should and must contact Our Clients directly and bring such matters to them only.

2. Eligibility and Accounts

(a) Use of the Service is not permitted where prohibited by law. Without limiting the foregoing, you represent and warrant that you are not located in a country that is subject to U.S. embargo, or a country that has been designated by the U.S. as a “terrorist supporting” country and that you are not listed on any U.S. list of prohibited or restricted parties.

(b) You must be at least 18 years old to use the Service. If you are under 18 years old you may not use the Service.

(c) The consideration for your knowing acceptance of these Terms is that we are providing you the Grant of Use to use the Service pursuant to Section 2 hereof. You acknowledge and agree that this consideration is adequate and that you have received the same upon use of the Service.

3. Grant of Use and Termination

(a) We grant you a non-exclusive, non-transferable, and limited right to access, non- publicly display, and use the Service including all content available therein (the “Content”) on your mobile, tablet, personal computer, or other device consistent with these Terms.

(b) The Service is for personal use only and you may not use the Service in connection with any commercial activities, such as advertising or soliciting any others for any purposes or for any other commercial purposes.

(c) This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination we may: (i) block your IP addresses or otherwise terminate your access to or use of the Service, (ii) remove and/or delete any of your User Submissions (defined below), or (iii) take any other such action as we deem reasonable in our sole discretion. You agree not to use or attempt to use the Service after said termination. Upon termination, the grant of your right to use the Service shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.

(d) In addition to the terms set forth herein, your use of the Service shall be limited by the rules, features, and technical limitations of the Service, which may change from time to time in our sole discretion. You shall not attempt to use the Service in any manner in which the Service is not intended or permitted to be used.

4. Intellectual Property

(a) The Content, with the exception of User Submissions and Third Party Content (defined below), including text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including the United States, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.

(b) Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.

5. User Submissions

(a) You are entirely responsible for any and all materials you submit or otherwise make available via the Service, including pictures, videos, reviews, communications or other information (collectively, “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge and understand that any disclosure of personal information in User Submissions may make you personally identifiable.

(b) You shall be solely responsible for any and all of your own User Submissions and any and all consequences of positing, uploading, publishing, or otherwise making them available through the Service. For any of your User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, permissions, rights, or consents to use and authorize us to use all information as well as trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Service and these Terms; and (ii) You have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name, information, and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the Service and these Terms.

i. Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;

ii. Is obscene, pornographic, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise objectionable or inappropriate as decided by us in our sole discretion;

iii. Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;

iv. Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;

v. Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

vi. Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation; or

vii. Is in contravention of any other rules, technical limitations, or provisions set forth on the Service, as may be created or updated from time to time in our discretion.

(d) We claim no ownership or control over User Submissions or Third Party Content. You or a third party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licensable license to reproduce, distribute, adapt, modify, publish, translate, and create derivative works of User Submissions for the purposes contemplated by your use of the Service (e.g., and without limitation, providing your information to the website operator for them to contact you and further services from them). You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.

(e) You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload the User Submissions to the Service, and that uploading the User Submissions will not infringe upon any other party’s rights or your contractual obligations to other parties.

(f) You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.

(g) Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Service in violation of these Terms infringes or misappropriates the intellectual property rights of a third-party or violates applicable law and you shall indemnify us for any damages finally awarded against and for reasonable attorney’s fees incurred by us in connection with any such claim, demand, suit or proceeding.

(h) If you make any suggestions to us about improving the Service or adding new features to the Service, you are assigning to us the right to use your suggestions without any compensation to you.

6. Third-Party Content and Content Generally on the Service

(a) You understand and acknowledge that, when using the Service, you will be exposed to Content from a variety of sources including content uploaded to the Service by other users and information on the website where our widget may be found and used (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content or User Submissions. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or otherwise objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.

(b) You understand and acknowledge that we assume no responsibility whatsoeverfor monitoring Our Clients, their websites, or their services or products. If at any time we choose, in our sole discretion, to monitor the same, we assume no responsibility for the same, have no obligation to take action on it, and assume no responsibility for the conduct of Our Clients or their services or products.

(c) All Content on the Service is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever that Content without the prior written consent of the respective owners/licensors of the Content. Without limiting further express disclaimers herein, we provide no representation or warranty regarding the accuracy or timeliness of the Content on the Service.

(d) Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the Service is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.

(e) You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice

7. General Terms for Service Use

(a) You may only use the Service consistent with these Terms and any and all agreements under which the Service is provided to you (including, for example, the separate terms of use for Client Websites). You assume sole responsibility for obtaining any additional or related hardware or software required for use of the Service.

(b) Except as described below, you are not permitted to decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Service, use any similar means to discover the source code of the Service or to discover any trade secrets or other intellectual property in the Service.

(c) You agree not to export or re-export, directly or indirectly (including via remote access) the Service or other information or materials provided to you from us to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In shall be your responsibility to comply with the latest United States or any other relevant jurisdiction’s export regulations, and you shall defend and indemnify us in accordance with the terms hereof for your breach of these provisions. In the event that these Terms are required to be registered with any governmental authority, you shall cause such registration to be made and shall bear any expense or tax payable in respect thereof.

(d) The Service is a “Commercial Item” as that term is defined in 48 C.F.R. §2.101. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Service is being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.

8. User Conduct and Covenants

(a) You represent and warrant that all the information provided by you to us is accurate and current, that you have all necessary rights, power, and authority to agree to these Terms and to perform the acts required of you under these Terms.

(b) You hereby expressly authorize us to monitor, record and log your use of the Service, including, without limitation, your posts, messages, actions, and interactions with the Service.

i. You agree not to use the Service for any unlawful purpose or in any way that is prohibited by these Terms.

ii. You agree to abide by all applicable local, state, national and international laws and regulations.

iii. You agree not to use the Service in any way that exposes us to criminal or civil liability.

iv. You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Service.

v. You agree that all your User Submissions that you provide to us belongs to you and that you have the right and authority to provide it to us.

vi. You agree not to create a false identity on the Service.

vii. You agree not to use any automated means, including robots, crawlers, data mining tools or the like, to download, monitor or use data or content from the Service.

viii. You agree not to use the Service to collect usernames and/or e-mail addresses for sending unsolicited messages of any kind.

ix. You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.

x. You agree not to “stalk” or otherwise harass anyone on the Service.

xi. You agree not to post, link to, or otherwise make available on the Service any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment.

xii. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit.

xiii. You agree not to disable, circumvent, or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or which enforce limitations on the use of the Service or the Content therein.

xiv. You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Service or any of its Contents to any third party.

xv. You agree not to “frame” or “mirror” the Service.

xvi. You agree not to reverse engineer any portion of the Service.

xvii. You agree to be solely responsible for all acts and omissions that occur as a result of your use of the Service.

xviii. You agree to not use the Service in any way that endangers the life or health of any person, including you.

(d) We reserve the right to take appropriate action against any user for any unauthorized use of the Service, including civil, criminal, and injunctive redress and the termination of any user’s use of the Service. Any use of the Service and our computer systems not authorized by these Terms is a violation of these Terms and certain federal and state laws, including the Computer Fraud and Abuse Act.

9. Privacy Statement

We retain a separate Privacy Statement (including a cookie disclosure) and your assent to these Terms signifies that you have read and understood the Privacy Statement. We reserve the right to amend the Privacy Statement at any time by posting such amendments to the Service. No other notification may be made to you about any amendments.

10. Modification of These Terms

We reserve the right to amend these Terms at any time by posting such amended Terms to the Service. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.

11. Indemnification and Release

Please note that this Cookie Policy does not apply to, and we are not responsible for, the privacy practices and cookies used by third party website which may be linked to or from this Website or for the websites where our chat widget is being hosted. Third party cookies may be of many types and may be used for many purposes, including analytical, performance, or advertising services. We have no control over such cookies and you are recommended to review the cookie policies of such third party websites.

12. Disclaimer of Warranties and Limitations of Liabilities

(a) READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

(b) The Service may contain links to third-party websites or applications that are completely independent of us and may be found on third-party website and applications that are also completely independent of us (e.g., Client Websites). We assume no responsibility for the content, privacy policies, practices, services and products of such third-parties and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites or applications. We have no right or ability to edit the content of any third party websites or applications. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites or applications or any of their policies, practices, services, or products.

(c) The Service is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, timeliness, integration, interoperability, or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Service.

(d) UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER SUCH DAMAGES ARISE FROM YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, FROM YOUR RELIANCE ON ANY CONTENT ON THE SERVICE, FROM THE INTERRUPTION SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICE OR THE TERMINATION OF THE SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE.

(e) WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.

(f) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICE. IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE EXCEED TWO HUNDRED DOLLARS ($200) IN AGGREGATE.

(g) All of the above provisions shall be deemed to apply to the benefit of our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors, and assigns.

13. Disputes

(a) To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the State of Florida without regard to conflict of law provisions. Subject to Subsection (b) below, FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN OR SERVING JACKSONVILLE, FLORIDA. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE ARE REQUIRED TO BRING ANY ACTION AGAINST YOU FROM OR IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, SUCH ACTION MAY BE BROUGHT IN THE JURISDICTION FROM WHICH THE INDEMNIFICATION CLAIM ARISES.

(b) Any controversies, disputes, actions, causes of action or other claims between you and us arising out of or relating to these Terms, or the breach, termination, or validity hereof or your use of the Service (a “Controversy”) shall be finally settled by binding arbitration before a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules & Procedures (modified only as herein expressly provided). The arbitrator shall be experienced with regard to commercial disputes of the type for which arbitration is being sought. The arbitration shall be before one arbitrator mutually agreed upon by the parties. The parties agree that the arbitration will be held in Jacksonville, Florida, or in such other place as the parties maymutually agree upon. The arbitration will be held in accordance with and subject to the procedural and substantive laws of the State of Florida. The arbitrator may enter a default decision against any party who fails to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute with respect to such Controversy will be final, non- appealable and binding and judgment on the award may be entered in any court having jurisdiction thereof. The parties agree that this clause has been included to rapidly and inexpensively resolve any Controversy, and that this clause shall be grounds for dismissal of any court action commenced by any party arising out of or relating to these Terms or the breach, termination or validity hereof; provided that nothing in this subsection nor these Terms shall limit any party’s right to bring (i) post-arbitration actions seeking to enforce an arbitration award, (ii) actions seeking injunctive or other similar relief in the event of the breach or threatened breach of any of the provisions of these Terms, or (iii) a small claim’s action. The language used in the arbitration proceedings will be English. You hereby agree that as part of the consideration hereof, you are hereby waiving any right you may have to a trial by jury for any Controversy. This provision shall be enforceable even in the case that the arbitration provisions or any other provisions of these Terms are waived.

(c) Notwithstanding any of the foregoing, claims for defamation, violation of the Computer Fraud and Abuse Act (or its successor), and claims for infringement or misappropriation of intellectual property rights (including patents, copyrights, trademarks, and trade secrets) shall not be subject to a requirement to arbitrate.

(d) YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. You hereby agree that as part of the consideration for these terms, you are hereby waiving any right you may have to a trial by jury for any dispute between the you and us arising from or relating to these Terms or the Service. This provision shall be enforceable even in the case that the arbitration provisions or any other provisions of this section are waived.

14. General Provisions

(a) Merger. These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.

(b) Waiver. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.

(c) Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

(d) Third Party Rights and Obligations. Unless explicitly stated, nothing herein is intended, nor will be deemed to confer rights, remedies, obligations, or liabilities upon any third party.

(e) Assignment. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.

(f) Notice. You agree that we may provide you with notices by e-mail, regular mail, or postings to the Service.

(g) Construction. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the term “including” is illustrative and not limitative.

(h) Translations. If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.

(i) Consumer Information. Our name and address are as follows:

If you have any questions or comments about this document and the information in it, we invite you to contact us as follows:

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