RealCall™ Terms of Service

Important - Read Carefully Before Proceeding

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE AND SERVICES. USE OF OUR WEBSITE AND SERVICES INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND YOU ("USER") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE REALCALL™ SERVICES ("Services") PROVIDED BY Jim Pidcock / Epic Business / RealCall, Inc. ("REALCALL"). IF USER IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, USER SHOULD PROMPTLY EXIT FROM THIS WEBSITE AND REFRAIN FROM USING ITS SERVICES. BY USING OR ACCESSING THE SERVICE USER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

IF USER HAS NOT REACHED LEGAL AGE OF MAJORITY, OR IS OTHERWISE NOT PERMITTED BY LAW TO BE A PARTY TO THIS AGREEMENT, USER ACKNOWLEDGES THAT REALCALL IS PROVIDING THE SERVICE WITH THE IMPLICIT UNDERSTANDING THAT USER'S LEGAL GUARDIAN IS NOT OPPOSED TO USER'S USE OF THE SERVICE. REALCALL RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT USER DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN. IN RESPONSE TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA") WE REQUIRE THAT USER BE AT LEAST 13 YEARS OLD TO USE REALCALL'S SERVICES.

1. GRANT OF RIGHTS TO USE SERVICES

Effective upon acceptance of this Agreement, REALCALL hereby grants to USER a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below). USER shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services nor make any claim that it does have such right. The services provided by REALCALL hereunder may allow USER to perform various online messaging and communications functions (collectively, the "Services"). Unless explicitly stated otherwise, any new features provided by REALCALL that augment or enhance the current Services shall also constitute "Services" and shall be subject to these terms and conditions. USER is solely responsible for obtaining all equipment and approvals necessary for connection to the World Wide Web and all charges associated with such connection, including but not limited to obtaining a PC and modem or other access device, having access to the World Wide Web and phone service charges.

2. REALCALL'S PROPRIETARY RIGHTS

As between the parties, REALCALL shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology, web pages, other addresses, and telephone numbers used in connection with or provided as part of the Services.

USER may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. USER may not allow any third party to access the Services for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement.

USER may not grant any sublicense, lease or other right in the Services to any third party. All rights not expressly granted under this Agreement are retained by REALCALL.

3. USER REGISTRATION

USER agrees to provide true, accurate, current and complete data to REALCALL upon signing up for the Services and at subsequent times as requested by REALCALL.

If USER provides data that is, or that REALCALL suspects to be, false, inaccurate, not current or incomplete, REALCALL has the right to suspend or terminate Services and refuse any and all current or future use of all Services, or any portion thereof.

USER acknowledges that REALCALL may distribute the registration data to third parties, provided, however, USER's name, address (physical and email) and telephone number will not be distributed, unless required by law, or in the event USER grants REALCALL the right to provide that information. USER shall maintain and promptly update the registration data as applicable, including, but not limited to, Change in address, Change in credit card account status (e.g., closed account, maximum credit use), Change in expiration date of credit card account. Upon completion of all registration information and acceptance of this Agreement, USER will receive a password, user ID, and when applicable, a PIN and telephone number(s).

USER is solely responsible for the maintaining the confidentiality of USER's password and PIN, and will be responsible for all transactions and activities that occur as a result of USER's disclosure of such password and/or PIN, whether or not such transactions and/or activities were authorized by USER.

USER shall not give account information to third parties and shall at all times be responsible and liable for any transactions or activities that occur on USER's account.

USER shall immediately notify REALCALL if any unauthorized use of USER's account has occurred or of any other breach of security.

4. BILLING

In return for REALCALL granting USER liscense (see section #1), USER agrees to allow REALCALL, it's agents, processing companies, or payment facilitators, to automatically charge USER's credit card (or alternate payment methord) on file automatically at the start of each billing cycle.

5. TERMINATION AND REFUND USER RIGHTS TO CHANGE OR END THIS AGREEMENT

USER may terminate its rights to receive Services hereunder by providing written notice to REALCALL via electronic means to our support team or through self-service cancellation process if made available. If USER terminates its rights to receive Services hereunder in the manner prescribed above, USER will be billed through the end of the billing cycle in which such rights are terminated. Upon any termination of USER's right to receive Services hereunder, USER shall immediately cease to use the Services and REALCALL shall have no further obligations whatsoever to USER. Any change in Service requested by USER shall be at REALCALL's discretion and shall be subject to the provisions of this Agreement.

Cancellations of accounts must be submitted in writing to Customer Support from the email address that was used to create the account or via the members-only area which requires authenticated login. Links to the form where you can contact Customer Support are conveniently located on each individual membership site homepage. Cancellations may also be sent to:

Jim Pidcock / RealCall
PO Box 21365
Columbus, OH 43212
calls@realcall.us

REALCALL RIGHTS TO RESTRICT OR END SERVICE OR THIS AGREEMENT

To maintain or improve the Services, to prevent fraud, or for any other reason determined by REALCALL, REALCALL, at its sole discretion, may restrict, suspend, terminate or modify USER's service with or without notice. Without limiting the generality of the foregoing, REALCALL may restrict, suspend or terminate USER's Services with or without notice for reasons including, without limitation, if USER:

  • Incurs usage that is above the average REALCALL user
  • Use REALCALL outside the scope of industry standards or outside local/federal laws
  • Incurs charges that cannot be billed
  • Exceeds any credit limit
  • Makes a false statement to REALCALL
  • Interferes with REALCALL customer service or other business operations
  • Becomes insolvent or go bankrupt
  • Exceeds average usage rate
  • Breaches any part of this Agreement

6. WARRANTY DISCLAIMER

THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND REALCALL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. REALCALL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY USER.

REALCALL MAKES NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. REALCALL IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.

REALCALL DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY GOODS OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE.

REALCALL DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. USER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT USER'S SOLE RISK AND DISCRETION AND REALCALL WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO USER OR USER'S PROPERTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM REALCALL, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO USER.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL REALCALL BE LIABLE TO USER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. REALCALL'S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY USER FOR THE SERVICES, IF ANY. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO USER.

8. INDEMNIFICATION

USER shall indemnify and hold harmless REALCALL, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by USER, USER's use of the Services and/or any breach of the terms and conditions of this Agreement by USER.

9. INTERNATIONAL USE

REALCALL makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the Continental United States, and accessing them from territories where their contents are illegal is prohibited. USER agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which USER resides.

10. MODIFICATION TO SERVICES

During the term of this Agreement, REALCALL may modify or discontinue the Services at any time and with or without notice to USER.

Without limiting the generality of the foregoing, REALCALL may, from time to time, with or without notice and at its sole discretion, establish or change various practices, limitations and restrictions for administering such Services, including without limitation: (a) how often all or a part of the Services or account may be accessed; (b) the duration of any access; (c) the maximum number of days that information will be retained; (d) the maximum amount of data allowed; (e) the size and nature of data; (f) the maximum storage space available for an account; and (g) any other matter related to the administration of the Services.

USER agrees that REALCALL shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of messages, attachments, documents, emails, audio clips, voice mails, uploads, communications, postings, data or information as a result of, or arising out of, administration of the Services, whether or not USER is given prior notice thereof.

REALCALL may delete accounts that are inactive for an extended period of time.

REALCALL shall not be liable to the USER or any third party for any reason for REALCALL modifying or terminating the Services, in whole or in part.

USER is responsible for creating a back-up copy of any important or critical information that is stored on the Services. REALCALL shall not be responsible or liable in any way for any information or data loss in connection with the Services.

11. MODIFICATION TO AGREEMENT

REALCALL reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site.

Use of the Services signifies USER's agreement to all terms, conditions and notices contained or referenced herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the USER.

If USER does not agree to the changes, USER shall immediately cease all use of the Services.

12. DWOLLA NOTICE

This application is not directly supported by Dwolla Corp. Dwolla Corp. makes no claims about this application. This application is not endorsed or certified by Dwolla Corp.

13. 2Checkout.com

2Checkout.com Inc. (Ohio, USA) is a payment facilitator for goods and services provided by REALCALL