Use of and access to this CallWave, Inc. (“CallWave”) web site (the “CallWave Web Site” or “the Site”) is provided by CallWave as a service to its customers, investors and partners and is subject to these terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE CALLWAVE WEB SITE. USE OF THE SITE REPRESENTS ACCEPTANCE OF THESE TERMS.
USE OF MATERIALS ON THE CALLWAVE WEB SITE
All materials provided on the CallWave Web Site, including but not limited to, the products, logos, services, information, text and pictures (collectively, the “Materials”) are protected by copyright, trademark and/or patent law(s). You may access and use the Materials for personal or commercial purposes. Computer software downloadable and/or services available from the Site are subject to the Terms of Services for CallWave, Inc. Products and Services that accompanies or is included with the software. You may not modify or use the Materials for any other purpose without the prior express written approval of CallWave. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of CallWave.
Materials found on the CallWave Web Site were written or compiled from a variety of sources and may be changed at any time without notice. You may print Materials from the CallWave Web Site for personal purposes only and provided the copyright notice identified below appears in the printed Materials.
Any unauthorized use of any Materials contained on the CallWave Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web Site may contain links to web sites controlled by parties other than CallWave. CallWave is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. CallWave is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CallWave of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
DISCLAIMER OF WARRANTY
The software, services, information and/or data (collectively, the “Services”) made available to you by on the Site are provided “As Is”, without warranties. CallWave disclaims any representations and warranties including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. CallWave shall have no liability in connection with the services including, without limitation, damage to your computer hardware, data, information, materials, business, loss of profits, use or other intangible from the Services or the lack of Services available on the CallWave Web Site, even if CallWave has been advised of the possibility of such damages.
CallWave makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Services or that the Services may be relied upon for any reason. CallWave makes no warranty, representation or guaranty that the Services will be uninterrupted or error free or that any defects can be corrected.
LIMITATION OF LIABILITY
CallWave shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Services. CallWave shall not be liable in any circumstance for any indirect, punitive, special, incidental, or consequential damage, including, but not limited to, loss of business, revenue, profits, use, data, other economic advantage from the use of, or reliance on, the Services or the Materials, the Site or from the use of the Internet generally. The limitation of liability for damages shall apply to any action of contract, negligence or tort arising out of or in connection with the use of the Services or Materials available on the Site, even if CallWave has been advised of the possibility of such damage.
CallWave shall have no liability for any decision made or action taken or not taken in reliance upon the Materials furnished hereunder.
You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the Site and you will not make a claim against CallWave for lost data, inaccurate output, work delays, or lost profits resulting from the use of the Services. You agree to hold CallWave harmless from, and you agree not to sue CallWave for, any claims based on or related to the use of the Site.
All comments, feedback, emails, information or materials submitted to CallWave through or related to the Site (“Submissions”) shall be considered property of CallWave and non-confidential. By providing CallWave with such Submissions, you agree to assign to CallWave, at no charge, all rights, title, interest in copyrights or other intellectual property rights related to the Submissions. CallWave reserves the right to publish, use or distribute Submissions for any purpose at its discretion.
You agree, and hereby acknowledge, that you are responsible for the Submission that you provide to CallWave and that you, not CallWave, have full responsibility and rights to the Submission, including, but not limited to, their legality, reliability, appropriateness, originality and copyright.
CallWave, FaxWave, Liberty Telecom, The Future of Faxing, the CallWave design and the FaxWave design are the trademarks or registered trademarks of CallWave, Inc. in the United States.CallWave trademarks and logos may be used publicly with prior express written permission from CallWave. Use of CallWave trademarks for advertising CallWave products also requires prior express written permission to be granted by CallWave.
This Site and Services provided by CallWave and its subsidiaries and affiliates are protected by one or more of the following United States patents:
- Method and Apparatus for Providing Expanded Telecommunication Service, US Patent 6,477,246
- Methods and Apparatus for Returning a Call over a Telephony System, US Patent 6,738,461
- Method and Apparatus for Providing Expanded Telecommunication Service, US Patent 6,898,275