Last Updated: August 18, 2023
Be advised that these Terms contain disclaimers of warranties and limitations on liability that may be applicable to you. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING ANY OF THE WEBSITES, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE ANY OF THE WEBSITES.
THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.
Privacy Notice. Please review the LiveCallz Privacy Notice, which may be found at https://www.LiveCallz.com/privacy-policy ("Privacy Notice"). The terms of the Privacy Notice are incorporated into, and considered a part of, these Terms.
Use of Information. When you visit a LiveCallz Website, in some cases you will be prompted to disclose certain information about yourself and the products or services that you are inquiring about ("Service Request"). By completing a Service Request and agreeing to the consent provided, you agree that you are entering into a business relationship with LiveCallz and its third-party partners and service providers, and therefore agree to be contacted by LiveCallz, its advertising partners, and/or service providers.
License. LiveCallz owns and operates the Websites. The information and content available on the Websites, or in any communications LiveCallz sends you (the "Website Content") are protected by copyright laws throughout the world. LiveCallz grants you a limited license to reproduce portions of the Website Content for the sole purpose of reviewing the Website Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of LiveCallz. All copyright and other proprietary notices on any Website Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Website Content is strictly prohibited. LiveCallz and its licensors reserve all rights not granted in these Terms.
Trademarks. All trademarks, logos and service marks (collectively, "Marks") displayed on the Websites are LiveCallz's property or the property of other third parties. You are not permitted to use these Marks without LiveCallz's prior written consent or the consent of the third party that owns the Marks.
Modification. LiveCallz reserves the right, at any time, to modify the Website Content or to modify, suspend, or discontinue the Websites or any part thereof with or without notice. You agree that LiveCallz will not be liable to you or to any third party for any modification of the Website Content or modification, suspension, or discontinuance of the Websites.
Rules of Conduct.You must be at least 18 years old to visit or use the Website in any manner. By visiting the Website or accepting this Agreement, you represent and warrant to LiveCallz that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by this Agreement.
You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Website.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, LiveCallz prohibits the creation of - and you agree that you will not create - an account for anyone other than yourself. You also represent that all information you provide or provided to LiveCallz upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You must not create accounts with the Website through unauthorized means, including by using an automated device, script, bot, spider, crawler or scraper.
You must not solicit, collect or use the login credentials of other Website users.
You must not use the Website to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website.
You must not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Website, including copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or via the Website.
You must not interfere or disrupt the Website or servers or networks connected to the Website Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Website page is rendered or displayed in a user's browser or device.
You must not use any robot, spider, Website search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without LiveCallz's express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), LiveCallz grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
You must not restrict or inhibit any other person from using the Website (including by hacking or defacing any portion of the Website).
You must not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
Except as expressly permitted by applicable law, you must not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
You must not remove any copyright, trademark or other proprietary rights' notices from the Website or materials originating from the Website.
You must not frame or mirror any part of the Website without LiveCallz's express prior written consent.
You must not create a database by systematically downloading and storing all or any Website content.
Registration; Usernames and Passwords. On certain of the Websites, you may be required to register with LiveCallz in order to access certain services or areas of the Website. With respect to any such registration, LiveCallz may refuse to grant you, and you may not use, a username (or email address) that violates the intellectual property or other rights of any person; that is offensive; or that LiveCallz rejects for any other reason in its sole discretion. Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all interaction with the Website that occurs in connection with your password or username. You agree to immediately notify LiveCallz of any unauthorized use of your password or username or any other breach of security related to your account or the Website, and to ensure that you "log off"/exit from your account with the Website (if applicable) at the end of each session. LiveCallz is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Feedback. If you provide any feedback or suggestions to LiveCallz regarding the Websites and/or LiveCallz's other services (collectively, "Feedback"), LiveCallz may use such Feedback for any purpose. So that we may incorporate such Feedback into LiveCallz's Websites and/or LiveCallz's services, LiveCallz alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and you hereby assign such Feedback to LiveCallz free of charge.
Third Party Links. The Websites may contain links to other websites operated by third parties. Such third party websites are not under the control of LiveCallz. LiveCallz is not responsible for the content of any third party website or any link contained in a third party website. LiveCallz provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to access any of the third party websites linked to any of our Websites, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices.
Requests to be Matched. Some of our Websites provide you access to certain services, such as referrals to products, services, suppliers and service providers that may be of interest to you (the "Website Services"), and to certain content provided by us or by third parties, such as news and information regarding such products, services and supplies in various industries (the "Website Content"). PLEASE READ THE FOLLOWING CAREFULLY:
Services. Certain of our Websites provide you with the opportunity to submit requests (each, a "Request") for information on a wide variety of products and services offered by certain service providers (each such service provider, a "Service Provider"). We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request can in fact meet all of your requirements. We may reject any Request and/or elect not to forward a Request to participating Service Providers, for any reason or no reason. Subject to certain exceptions below, the Website acts solely as a paid marketing lead generator. LiveCallz may receive a marketing lead generation fee from the Service Providers. You should rely on your own judgment in deciding which available product or service and Service Provider best suits your needs.
Transfer of your information. In submitting a Request to be matched on the Website, you agree to allow us to transfer all of your information in connection with your Request to matching Service Providers, whether or not you have specifically selected such Service Provider. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. Please notify the Service Provider(s) directly if you no longer wish to receive communications from them. The Service Provider(s) may keep your Request information and any other information provided by us in connection with your Request whether or not they offer you a product or service.
Additional Terms Applicable to Financial Services Requests
Financial Services Requests, Generally. Our Websites provide you with the opportunity to submit Requests for information and to be matched with financial services Service Providers, such as insurance companies, mortgage lenders, and personal loan lending partners (collectively, "Financial Services Requests"). Subject to the limited exceptions below, a Financial Services Request is not an application for insurance, credit or a request for a loan pre-qualification; rather, it is an inquiry to be matched with Service Providers. As such, LiveCallz does not make any decisions regarding the products and services offered by the Service Providers and does not make any underwriting, loan or credit decisions. Subject to the limited exceptions below, LiveCallz is not your agent, the agent of any Service Provider, nor a broker, lender, creditor for or issuer of the products featured on these Websites.
No guarantee of insurance, loan or credit. We cannot and do not guarantee that you will be matched to any Service Provider, that any Service Provider will make a loan or offer to you, or that any program terms including any specific loan terms or rates, offered by the Service Providers are the best terms or lowest rates available in the market. A Service Provider's offer may be subject to market conditions, approval and qualification. The rates and fees you actually achieve may be higher or lower depending on your complete credit and financial profile. Your ability to secure any loan or consummate any transaction with any Service Provider is solely a matter to be resolved between you and such Service Provider. You may have to complete an application with, and pay an application fee to, the Service Provider before they extend an offer to you or provide that Service Provider with additional information to enable them to further verify your income.
No endorsements or recommendations. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we refer your Request to the Service Providers, LiveCallz has no further involvement in any transactions that occur between you and the Service Provider(s). LiveCallz neither recommends nor endorses any specific products, opinions, or other Website Content that may be made available through or mentioned on the Website.
LiveCallz is not responsible or liable for any Service Provider's acts or omissions including for any quotes or services that any such Service Provider may provide, for any Service Provider's contacting or failure to contact you, for any Service Provider's performance or failure to perform any services, or for any agreement or transaction between you and any Service Provider.
No substitute for professional advice. We provide all Website Content and Website Services solely for your convenience, and such Website Content and Website Services (i) are not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action. We are not responsible for the accuracy or reliability of any Website Content or the Website Services. Website Content is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Website Content or Website Services available through the Website. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the Website.
Consent to Electronic Communications. When you visit one of LiveCallz's Websites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you submit a request to be matched with one of our third party Service Providers, please note that these third party Service Providers may be required by law to provide you with certain communications, notices, disclosures, information and other materials ("Communications"). These third party Service Providers must obtain your consent in order to provide you with these Communications electronically. By submitting a request to be matched with one of our third party Service Providers, you affirmatively consent and agree to receive Communications compliant with TCPA regulations from partners within our network.
SMS Alerts for Users. LiveCallz mobile alerts are marketing text messages that contain information about LiveCallz's promotions, deals, or products that may be of interest to you.
By submitting your information, you expressly consent to receive recurring autodialed marketing messages from or on behalf of LiveCallz at the mobile number you provided. You understand that consent is not a condition of purchase. Message and data rates may apply. Message frequency will vary.
You can cancel the SMS alerts at any time. Just text "STOP" to text messages directly. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
WARRANTY DISCLAIMER. LIVECALLZ IS PROVIDING THE WEBSITES AND THE WEBSITE CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR USE AT YOUR OWN RISK. LIVECALLZ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. LIVECALLZ DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITES. INFORMATION AT THE WEBSITES MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN ERRORS.
LIVECALLZ MAKES NO WARRANTY, REPRESENTATION, GUARANTEE, OR ENDORSEMENT WITH RESPECT TO ANY PRODUCTS AND SERVICES OFFERED BY THIRD PARTY COMPANIES OR SERVICE PROFESSIONALS THAT MAY APPEAR ON THIS WEBSITE NOR THAT THESE SERVICES WILL BE AVAILABLE TO YOU. LIVECALLZ SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, AND THE CONDUCT OF ANY THIRD PARTY SERVICE PROFESSIONAL. THE SERVICE PROFESSIONALS ARE NOT EMPLOYEES OR AGENTS OF LIVECALLZ. YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH SERVICE PROFESSIONALS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS ANY BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROFESSIONAL, YOU MUST ADDRESS SUCH DISPUTE WITH THE SERVICE PROFESSIONAL DIRECTLY.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, LIVECALLZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT LIVECALLZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. LIVECALLZ'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITES, OR THE WEBSITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).
THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LIVECALLZ. ACCESS AND USE OF THE WEBSITES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY, IN SUCH JURISDICTIONS, THE LIABILITY OF LIVECALLZ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify and hold LiveCallz, its subsidiaries, affiliates, officers and employees, and Service Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, the violation of this Agreement by you, or the infringement by you, or other user of the Website using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. LiveCallz and its Service Providers assume no responsibility whatsoever for such content or actions.
RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE LIVECALLZ AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS ("ARBITRATION AGREEMENT")
PLEASE READ THIS SECTION CAREFULLY – THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (HEREINAFTER "CLASS ACTION").
ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OR TO FILE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION SUBJECT TO THE LIMITED EXCLUSIONS BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY.
Most concerns can be resolved by reaching out to our internal legal department by emailing legal@LiveCallz.com. In the event the legal department is unable to resolve a complaint to your satisfaction, this section explains how any Dispute (as defined below) will be resolved through arbitration.
In this Arbitration Agreement, the terms "LiveCallz" "our," "we," or "us" includes LiveCallz, Inc., and of its present or future affiliates or subsidiaries, and any persons or entities (including agents or employees) related to LiveCallz or its present affiliates or subsidiaries.
YOU AND LIVECALLZ AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING BILATERAL ARBITRATION. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS OTHERWISE QUALIFY FOR SMALL CLAIMS COURT AND AS LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE BASIS).
You and LiveCallz agree that these Terms affect interstate commerce and the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.
This Arbitration Agreement applies to any "Dispute." For purposes of this Arbitration Agreement, "Dispute" shall include, but is not limited to, any claims or controversies between you and LiveCallz that are related in any way to these Terms, including, but not limited to, your use of any of the Websites, privacy-related matters, advertising, and/or any communications between you and LiveCallz, whether occurring on the Websites (or any of them), in a mobile application or by phone or email, even if the Dispute arises after the termination of your relationship with LiveCallz. "Dispute" also includes, without limitation, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) LiveCallz brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and LiveCallz, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before these Terms or out of a prior agreement with LiveCallz (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a class member; and/or (f) arise after the termination of these Terms. "Dispute" will be given the broadest possible meaning permitted by law. "Dispute," however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and informal process described below. The arbitrator shall decide all issues except those relating to the scope, validity, and enforceability of the Arbitration Agreement or any issues arising from or relating to the arbitrability of any Disputes. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.
17.1 Pre-Arbitration Informal Dispute Resolution.You and LiveCallz agree to make a good faith effort to resolve any Dispute informally prior to you or LiveCallz initiating an arbitration proceeding. You or LiveCallz must first send a written notice to the other party providing a detailed description of the Dispute; your name and contact information (address, telephone number, and email address); sufficient information to enable you or us to identify any transaction at issue; and a detailed description of (1) the nature and basis of any claims, and (2) the nature and basis of the relief sought with a detailed calculation for that relief. Your notice to us must be personally signed by you (and your attorney if you are represented). Our notice to you will be personally signed by a LiveCallz representative (and our attorney if we are represented).
Your notice to LiveCallz must be sent to LiveCallz, Legal Department, 8 THE GREEN SUITE A, DOVER DE 19901, with a copy by e-mail to legal@LiveCallz.com. Our notice to you will be sent based on the most recent contact information that you have provided to us. If no such information exists or if such information is not current, then we have no obligation under these Terms. For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together in an effort to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you must personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss potential resolution. If requested by you in connection with a notice initiated by us, a LiveCallz representative must personally participate in an individualized telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended if you and we agree), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a prerequisite to commencing arbitration.
The party initiating arbitration must include as part of the demand for arbitration a signed certification of compliance with the informal dispute resolution process. If you initiate arbitration, then the certification must be signed by you (and by your attorney, if you are represented). If we initiate arbitration, then the certification must be signed by a LiveCallz representative (and our attorney, if we are represented).
Any applicable statute of limitations shall be tolled while the parties engage in this informal dispute resolution process.
If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any arbitration proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. You or we may also elect to raise non-compliance with this informal dispute resolution process with a Process Arbitrator (as applicable) or with the Merits Arbitrator.
17.2 Waiver of Jury Trial; Waiver of Class Actions.
YOU AND LIVECALLZ WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU AND LIVECALLZ ARE INSTEAD CHOOSING TO HAVE ALL DISPUTES RESOLVED BY ARBITRATION. ARBITRATION PROCEEDINGS ARE TYPICALLY MORE LIMITED, MORE EFFICIENT, AND LESS COSTLY THAN PROCEEDINGS COURT. ARBITRATION PROCEEDINGS ARE ALSO SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN ANY LITIGATION BETWEEN YOU AND LIVECALLZ OVER WHETHER TO VACATE OR ENFORCE AN ARBITRATION AWARD, YOU AND LIVECALLZ WAIVE ALL RIGHTS TO A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.
YOU AND LIVECALLZ WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN COURT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND LIVECALLZ AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF). THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.
17.3 Arbitration Rules; Procedures; Fees.To begin an arbitration proceeding, you must send an arbitration demand that contains the information set forth in the informal dispute resolution section (required for the notice) along with all information required by the American Arbitration Association (AAA) to the AAA with a copy to LiveCallz, Legal Department, located at: LiveCallz Legal Department, 8 THE GREEN SUITE A, DOVER DE 19901 with a copy by e-mail to legal@LiveCallz.com, or we must send an arbitration demand to you that contains this same information set forth above to the AAA with a copy to the most current address we have on file for you.
The arbitration demand must be accompanied by a signed certification of completion of the informal dispute resolution process referenced above and be personally signed by you (and your attorney, if you are represented) if you are initiating arbitration or by a LiveCallz representative (and our attorney, if we are represented) if we are initiating arbitration. By signing the arbitration demand, you or LiveCallz (and our attorneys, if applicable) certify to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on the parties and their counsel.
The arbitration will be administered by the AAA under its rules, including the AAA's Consumer Arbitration Rules as applicable. The AAA's rules are available at www.adr.org/Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, the parties shall seek to agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court to appoint an administrator that will administer the arbitration consistent with this Arbitration Agreement. Payment of all arbitration fees will be governed by the AAA's rules. LiveCallz will reimburse the consumer portion of the arbitration fee following the proceeding upon your sufficient demonstration of financial hardship (1) if the AAA declines your request for a fee waiver; (2) provided you comply with the provisions of the Arbitration Agreement including the informal dispute resolution process referenced above; and (3) provided your claim is not deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Notwithstanding the foregoing, if LiveCallz is required to pay the consumer portion of the arbitration fee for this Arbitration Agreement to be enforceable, it shall do so. The provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.
Except as specifically provided herein, you may choose to have the arbitration conducted by phone, video, in-person or through written submissions, except any Dispute over $75,000 shall have an in-person or video hearing. LiveCallz reserves the right to request a hearing in any matter from the arbitrator. If you initiate arbitration, then you agree to personally appear at any in-person, video, or telephonic hearing (along with your attorney if you are represented). If we initiate arbitration, then LiveCallz agrees to have a representative appear at any in-person, video, or telephonic hearing (along with our attorney if we are represented). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed location. The arbitrator shall be located in reasonable proximity to you or the mutually agreed location if a hearing is required or requested consistent with the above.
The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms as a court would, and will adjudicate any Dispute according to applicable law and facts based upon the record and no other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may negotiate with the AAA for reduced fees and costs and for streamlined procedures designed to reduce the costs and increase the efficiencies of arbitration.
17.4 Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against LiveCallz by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for LiveCallz shall each select five (5) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial ten (10) proceedings, each side shall select another five (5) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against LiveCallz.
17.6 Severability and Survival. Except as specifically provided in the Arbitration Agreement, if any part or parts of this Arbitration Agreement is/are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth in section 16.2 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, and all appeals from that decision have been exhausted (or the decision is otherwise final), then the Arbitration Agreement shall be deemed null and void in its entirety. This Arbitration Agreement will survive the termination of your relationship with LiveCallz.
17.7 Future Changes to Arbitration Agreement. LiveCallz agrees that if we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending us written notice to the address provided above within 30 days of the change. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and LiveCallz in accordance with the language of this Arbitration Agreement section.
Claims of Copyright Infringement.The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
ATTN: Legal Department
8 The Green Suite A, Dover DE 19901
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
Amendment. These Terms are subject to occasional revision, and if LiveCallz makes any substantial changes, LiveCallz will notify you by sending you an e-mail to the last e-mail address you provided to LiveCallz (if any LiveCallz may have in its records) and/or by prominently posting notice of the changes on the Websites. Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following LiveCallz's dispatch of an e-mail notice to you or thirty (30) calendar days following LiveCallz's posting of notice of the changes on the Websites. These changes will be effective immediately for new users of the Websites. Continued use of the Websites following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms as modified. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Websites.
General Provisions. If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (except as provided in Section 16.6). These Terms and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using any of our Websites, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for San Mateo County, California for any lawsuit filed there against you by LiveCallz arising from or related to these Terms. These Terms (which includes the Privacy Notice and any other legal notices or terms located on particular pages of the Websites) constitute the entire agreement between you and LiveCallz regarding the use of the Website(s) and Website Content. Notwithstanding the foregoing, these Terms do not supersede or amend (and will not take precedence over) any signed written agreement between you and LiveCallz with respect to the subject matter of that signed written agreement, unless otherwise set forth in that signed written agreement. If you have any questions about the foregoing, please contact LiveCallz at the following e-mail address: legal@LiveCallz.com.
8 The Green Suite A
Dover, DE 19901