SUBSCRIBER TERMS AND CONDITIONS
Thank you for using the Enhanced Caller Identification Service.
By using and/or subscribing to the Enhanced Caller Identification Service, related websites, or software applications (together, the "Service"), you are entering into a binding contract with Cequint, Inc. ("Cequint"). Cequint provides you the Service to you in accordance with its relationship with your wireless carrier. Your use of the Service is subject to these Subscriber Terms and Conditions and your agreements with your wireless carrier. These Subscriber Terms and Conditions will control with respect to the Service if there is any conflict between the terms of your agreements with your wireless carrier and these Subscriber Terms and Conditions. In order to use and subscribe to the Service, you need to have an enabled mobile device and be 18 or older or have your parent or guardian’s consent to these Subscriber Terms and Conditions. If you do not agree with these Subscriber Terms and Conditions, you must stop using the Service and promptly unsubscribe from the Service. If you desire information on unsubscribing from the Service, please see the help or settings section of the Service mobile client.
2. Service Description
Among other functionality, the Service provides you with caller identification information of an incoming caller. Cequint will use its reasonable efforts to keep the Service operational and properly functioning. However, certain technical difficulties or maintenance may, from time to time occur, resulting in temporary interruptions. Cequint and your wireless carrier reserve the right to modify or temporarily suspend functions and features of the Service in order to address these matters.
3. Service Fees
Some features of the Service require a monthly recurring subscription fee. These fees will be disclosed to you prior to your subscription to the Service. If you elect to subscribe to the Service, your wireless carrier will invoice the Service charges in your monthly bill. These charges will continue each month until your Service subscription has been terminated. Use of the Service may require data usage, which will be billed by your wireless carrier on a per-megabyte basis or according to any data package you may have. The Service does not operate on Wi-Fi, so data charges may apply when using this Service even if your mobile device is also connected to Wi-Fi. If you elect to subscribe to the Service, then, for that month and each month thereafter, you agree to pay your wireless carrier the fees described in this Section until your subscription to the Service has terminated.
The Service, all of its components, and the content provided through it are the property of Cequint or its licensors. The Service software applications installed on your mobile device are licensed, not sold, to you, and Cequint retains ownership of all copies of the Service software even after installation on your mobile device. Cequint grants you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service for its intended functions as described in Section 2 for the duration of your Service subscription. You may not distribute, sublicense or make available copies of the Service software to others in any form. You may not alter, merge, modify, adapt or translate the Service software, or decompile, reverse engineer, disassemble, or otherwise reduce the Service software to a human-perceivable form. You may not use the Service software for any unlawful purpose, including infringement of the copyrights or other proprietary rights of Cequint or others.
All Cequint trademarks, service marks, trade names, logos, domain names, and any other features of the Cequint brand are the sole property of Cequint. Any third party software included in the Service software applications installed on your mobile device are licensed to you either under these Subscriber Terms and Conditions, or under the relevant third party software license terms as published in the help, about, or settings section of the Service mobile client or on our website. Additionally, your use of the Service is subject to the Apache License Agreement v2.0, which can be found at apache.org/licenses, and the Mozilla Public License v2.0, which can be found at mozilla.org/MPL. Certain software or technical information is licensed from third parties, and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents. You grant Cequint and your wireless carrier the right to allow the Service to use the processor, bandwidth and storage hardware on your mobile device in order to facilitate the operation of the Service.
5. Term and Termination
These Subscriber Terms and Conditions are effective until your subscription to the Service has terminated. You may terminate your subscription to the Service at any time by unsubscribing from the Service. If you desire information on unsubscribing from the Service, please see the help or settings section of the Service mobile client. Any trial Service will terminate automatically at the end of the trial period. Cequint may terminate your subscription to the Service without notice upon any material breach of these Subscriber Terms and Conditions. These Subscriber Terms and Conditions may be superseded by express terms of subsequent Subscriber Terms and Conditions associated with subsequent Service revisions or releases.
Cequint endeavors to provide the best service practicable, but you understand and agree that THE SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. CEQUINT AND YOUR WIRELESS CARRIER DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CEQUINT AND YOUR WIRELESS CARRIER MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, COMPLETENESS, OR ACCURACY OF ANY CALLER IDENTIFICATION CONTENT AVAILABLE THROUGH THE SERVICE, AND CEQUINT AND YOUR WIRELESS CARRIER SHALL HAVE NO LIABILITY FOR THE AVAILABILITY, OR COMPLETENESS, ACCURACY, OR INACCURACY OF ANY SUCH CONTENT.
7. Limitations of Liability
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to unsubscribe from the Service and to stop using the Service. TO THE FULLEST EXTENT PERMITTED BY LAW, (I) IN NO EVENT WILL CEQUINT AND YOUR WIRELESS CARRIER, THEIR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CEQUINT AND/OR YOUR WIRELESS CARRIER HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND (II) CEQUINT’S AND YOUR WIRELESS CARRIER’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO YOUR WIRELESS CARRIER FOR THE SERVICE.
8. Dispute Resolution
These Subscriber Terms and Conditions are subject to the law of the Commonwealth of Virginia, United States, without regard to choice or conflicts of law principles.i. You and Cequint agree that any dispute, claim or controversy arising out of or relating in any way to the Service or your use thereof, including our Subscriber Terms and Conditions, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Cequint are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Subscriber Terms and Conditions and the termination of your Cequint account. The arbitration will be conducted using a single arbitrator and will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Subscriber Terms and Conditions, and as administered by the AAA. You and Cequint agree that these Subscriber Terms and Conditions involve interstate commerce and are subject to the Federal Arbitration Act. If You select an in-person mediation or arbitration, the location of the hearing shall be in Washington D.C. ii. You and Cequint agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Service are NOT subject to mandatory arbitration. Instead, you and Cequint agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in Fairfax County, Virginia, and that applicable Virginia and/or Federal law shall govern, without regard to choice of law principles.
Occasionally, Cequint may, in its discretion, make updates to the Service and/or the Subscriber Terms and Conditions. When Cequint makes material changes to the Subscriber Terms and Conditions, it will seek to notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event of invalidity of any provision of these Subscriber Terms and Conditions, the parties agree that such invalidity shall not affect the validity of the remaining portions of these Subscriber Terms and Conditions, which shall continue in full force and effect. Cequint may assign these Subscriber Terms and Conditions or any part of them without restrictions. You may not assign these Subscriber Term and Conditions or any part of them, nor transfer or sub-license your rights under this License, to any third party. Any liability or obligation of a party for acts or omissions prior to the expiration or termination of these Subscriber Terms and Conditions, including, without limitation, your obligation to make payment for Services rendered prior to such expiration or termination, shall survive such expiration or termination.
11. Subscriber Content
Certain versions of the Service may offer functionality allowing subscribers to upload “Subscriber Content” to the Service that may be displayed to anyone the uploading subscriber calls and/or texts if the called party has a compatible device. Examples of Subscriber Content may include pictures, logos, images, or other customized calling identification data.
If you upload Subscriber Content to the Service, you understand that it may be displayed to anyone you call and/or text if they have a compatible device. With regard to all Subscriber Content you submit to Cequint and/or your wireless carrier for use with the Service, you represent and warrant that the Subscriber Content is accurate, is not intended to offend, impersonate, misinform or mislead others and shall not infringe or violate someone else's rights or violate the law, rules or regulations with regard to privacy, intellectual property or otherwise. You acknowledge that Cequint and your wireless carrier do not pre-screen Subscriber Content and have the right in their sole discretion to refuse or remove any Subscriber Content and to investigate reports of misuse, abuse or other violations. You grant a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to Cequint and your wireless carrier and permit Cequint and your wireless carrier to use, disclose, and distribute to others in connection with the Service any Subscriber Content you upload into the Service. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the Subscriber Content that you upload to the Service. CEQUINT AND YOUR WIRELESS CARRIER ARE NOT LIABLE FOR ANY SUBSCRIBER CONTENT MADE AVAILABLE VIA THE SERVICE. If you believe that any Subscriber Content infringes your intellectual property rights, or if you believe that any Subscriber Content does not comply with these Subscriber Terms and Conditions or that your rights under applicable law have been otherwise infringed by any Subscriber Content, please contact us at the Cequint address listed in Section 12 below.
12. Copyright Infringement
If you are a copyright holder and you believe that any of the Subscriber Content which is directly available via the Service infringes your copyrighted work, please let Cequint know. Pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 United States Code § 512(c)(3), a notice of alleged copyright infringement should be sent to Cequint's designated copyright agent at the following address:
Attn: Legal Department/Copyright Agent
1011 Western Avenue, Suite 800
Seattle, WA 98104
A notification of alleged copyright infringement must be addressed to Cequint as listed above and include the following:
i. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
ii. Specific identification of each copyrighted work claimed to have been infringed;
iii. A phone number associated with the material believed to be infringed;
iv. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
v. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Thank you for reading our Subscriber Terms and Conditions. We hope you enjoy the Service.
Copyright © 2015. All rights reserved.
1011 Western Avenue, Suite 800
Seattle, WA 98104