Your Duties. By using our Services, you agree that you will not use our Services in any unlawful manner or in any manner that could damage, disable, overburden, or impair ClienTell. In addition, by using our Services, you agree NOT to:
- Post (share, upload, publish, link to, transmit, record, display, email, or otherwise make available on the Services) any Content (reviews, ratings, text, text messages, chat, videos including streaming videos, photographs, or profile text, whether publicly posted or privately transmitted) that ClienTell deems to be harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- Provide ratings or feedback that are fake, false, or misleading, or otherwise inaccurately represent your interaction with a customer and your personal experience;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidate, stalk or harass another;
- Harm any person or entity in any way;
- Use or attempt to use another’s account, service or system without authorization from ClienTell;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
- Post any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
- Attempt to circumvent or disrupt ClienTell’s provision of its Services or its operation in any way; or
- Use the Services as a marketplace for services without the express written consent of ClienTell.
Inappropriate Use by Users. Our Services are for use only in evaluation of your potential customers and your review of current or past customers. You may not use the Services or any content discovered through use of the Services (including but not limited to content of other Users, designs, text, graphics, images, video, information, logos, software, audio files, and computer code) for any reason outside of ClienTell’s stated purposes such as advertising or soliciting any User to buy or sell any products or services not offered by ClienTell, networking, for other commercial purposes (beyond those within the scope of the stated purpose), or for providing inaccurate or false information within reviews and ratings for any purpose. You may not use any information obtained from the Services to advertise, contact, solicit, or sell to any other User or any other User’s customer. ClienTell may investigate and take any available legal action in response to illegal or unauthorized use of the Services.
Use of Our Services. Your may use our Services at your sole risk. We provide our Services on an “as is,” “as available,” and “with all faults” basis. By using our Services, you acknowledge and agree that Users and Members are not employed by ClienTell, its employees, officers, directors, or Affiliates. Our Members and Users have NOT been screened by ClienTell.
Your Content. You are solely responsible for the Content that you Post or transmit to other Users. You may not Post as part of the Services, or transmit to ClienTell or any other User, either on or off the Service, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information you submit upon creation of your account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false; and (ii) you have the right to Post the Content on the Services and grant the licenses set forth below. You understand and agree that ClienTell may, but is not obligated to, monitor or review any Content you Post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm our reputation.
Copyright Protection and Data Retention. By posting Content as part of the Services, you automatically grant to ClienTell, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by ClienTell will not infringe or violate the rights of any third party.
No Verification of Other Members’ Content. Users and Members are solely responsible for their interactions with other Users and Members. ClienTell does not conduct any type of screenings or background checks on its Users or Members. ClienTell does not attempt to verify the statements, ratings, or reviews made by its Members, and ClienTell makes no representations or warranties about same.
No Warranty. ClienTell makes no warranties or guarantees, either express or implied, regarding your ultimate experience with the Services or with any reviewed or rated customer, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose; as to the usefulness, quality, suitability, truth, accuracy, or completeness of the information provided through the Services; that the Services will be uninterrupted, timely, secure, or error-free or that the results that may be obtained from your use of the Services will be accurate or reliable; about the quality of any Services, Content, or information obtained through ClienTell’s Services; that the Services will meet your expectations or requirements; or that any errors in ClienTell’s Services will be corrected.
Assumption of Risk. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users. You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from ClienTell’s Services, including any damages resulting from computer viruses.
Payments and Promotions. By using our Services, you agree to pay all costs associated your use. Any promotional credit or code must be applied to your account prior to making a payment in order for it to apply. ClienTell reserves the right to revoke promotional credit, or the privilege of using a promotional credit, at any time. Any misrepresentation or fraud, including related to use of promotional credit, will be prosecuted to the fullest extent of the law.
Limitation of Liability. To the fullest extent permitted by law, ClienTell, its affiliates, and its partners are not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Services, even if we have been previously advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: the use of or the inability to use our Services; the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from our Services; statements or conduct of any other party related to our Services, including, without limitation, unauthorized access to or alteration of transmission or data, malicious or criminal behavior, false or fraudulent transactions, or conduct of any other User; or Content or information you may download, use, modify, or distribute. Wherever the law prohibits ClienTell’s absolute exemption from liability, ClienTell’s total aggregate liability, under or in relation to any warranty or condition implied by law, shall be limited to the aggregate sum total of fees paid to ClienTell by you in connection with your access to the Services, less any costs directly associated with your fees (such as processing costs).
Indemnity. You agree to indemnify and hold ClienTell and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or connection to the Services (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.
Arbitration and Governing Law. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against ClienTell any class action, class arbitration, or other representative action or proceeding. By using the Services in any manner, you agree to arbitration, GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and ClienTell (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. Any proceeding to enforce this arbitration clause, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration clause is for any reason held to be unenforceable, any litigation against ClienTell may be commenced only in the federal or state courts located in Hillsborough County, Florida. User hereby irrevocably consents to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and ClienTell, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Term and Termination. This Agreement, as modified from time to time, will remain in full force and effect as long as you maintain an account with ClienTell or access our Services. You may terminate your account at any time, and ClienTell has the right to terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason at our sole and absolute discretion. If we are forced to terminate or suspend your account, you will not be entitled to any refunds. ClienTell may decline to disclose the reason for the termination or suspension.
Notice. You consent to have this Agreement and all notices provided to you in electronic form. ClienTell may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Services. Such notices may not be received if you violates this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner. You are advised to print a copy of this Agreementyou’re your records. To receive a non-electronic copy of this Agreement, please contact ClienTell at firstname.lastname@example.org .
Customer Service. ClienTell provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to otherwise behave inappropriately. If ClienTell feels that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
Entire Agreement; Miscellaneous. This Agreement contains the entire agreement between you and ClienTell regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect. The failure of ClienTell to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or Content related to your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind ClienTell in any manner.