Terms of Service
The CallPro, INC (“The CallPro” or “we”) is providing users (“User” or “you”) with access to its telephone messaging services and web site, (the CallPro Service”), subject to the conditions of these Terms of Service (the “User Agreement”). Any new features, changes, updates or improvements of the CallPro Service, and the availability of new (the) CallPro Services, shall be subject to the terms of this User Agreement unless explicitly stated otherwise.
Please read the User Agreement carefully before using or registering for the CallPro Service. By using or registering for the CallPro Service, you agree to be bound by the terms and conditions set forth in this User Agreement. If you do not wish to be bound by the terms and conditions in this User Agreement, you may not access or use the CallPro Service.
We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on theCallPro.com web site.
Unless explicitly stated otherwise, any new features that augment or enhance the current CallPro Service, including the release of new CallPro properties, shall be subject to the User Agreement. You understand and agree that the CallPro Service is provided “AS-IS” and that CallPro assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information.
You are responsible for reviewing these terms and conditions regularly. Any updates to this User Agreement will be posted on this website. By continuing to use any CallPro Service after we post any such changes, you accept the User Agreement, as modified.
If members of your group do not wish to receive messages, they may notify the CallPro of a request for the removal of a telephone number from a calling list by sending an e-mail to support@thecallPro.com or by writing to: The CallPro, 3 Teverya Way #301 Monroe NY 10950. (If no specific calling list is specified, the number will be blocked from receiving calls from any CallPro user. Our Do Not Call list applies even if a calling list is uploaded to our system by a client and is not stored in our database.) You are ultimately responsible for ensuring that anyone requesting do-not-call status is removed from your calling lists.
You agree, as a condition of your use of the CallPro Service, to provide CallPro with accurate and complete information when registering for or using the CallPro Service, and to update and maintain such information. CallPro has the right to suspend, restrict or terminate your use of the CallPro Service and to refuse any future use of all or portions of the CallPro Service if CallPro at any time and for any reason, including but not limited to if CallPro has reason to believe that you have failed to comply with the requirements in this section.
If you are under the age of eighteen, you are prohibited from using or registering for the CallPro Service. By using or registering for the CallPro Service, you warrant to CallPro that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the CallPro Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the CallPro Service is inappropriate for your child.
Access to the CallPro service is achieved by dialing a toll-free number within any of the contiguous forty-eight (48) states of the United States, Hawaii, Alaska and Canada. CallPro is not responsible for any charges that you may incur from dialing outside of the United States or any other connection charges that you may incur when calling the CallPro toll-free phone number, e.g., cellular, mobile or pay phones.
CallPro delivers voice messages anywhere within the contiguous forty eight (48) states of the United States, Hawaii, Alaska and Canada. Messages CANNOT be delivered to Puerto Rico.
The CallPro transmits voice messages via other major telecommunications carriers and mobile network operators, and thus CallPro influence over the timing of the receipt or transmission of your messages is within the technical constraints imposed upon CallPro. While we will use commercially reasonable efforts to further transmit your messages to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your broadcasts across the telephone network and/or Internet. You may contact the CallPro for a current list of covered downstream carriers and international destinations. The CallPro is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from the CallPro for any such non-deliveries.
When you are registered, you will establish a Username and a password. You are responsible for protecting the confidentiality of your Username, password and PIN, and you are fully responsible for all activities that occur under your Username.
(a) to exit from your account when you conclude each session, and
(b) to immediately notify CallPro of any loss, compromise or unauthorized use of your Username and PIN or any other breach of security. You may notify CallPro by sending an email to Support@theCallPro.com or by writing to: The CallPro, 3 Teverya Way #301 Monroe NY 10950. CallPro will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your Username.
You agree and consent that CallPro may record oral or voice communications, utterances, conversations or commands, made by you during the use of the CallPro Service. By using the CallPro Service, you expressly consent and grant to CallPro the right to record and use these recordings. If you do not authorize CallPro to make or use these recordings, you may not use the CallPro Service.
CallPro is under no obligation to monitor any recordings for accuracy, completeness or quality. User understands that recordings may or may not resemble that which User intends to record and that CallPro is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (defined below in Section 15) of the CallPro Service.
You agree that CallPro may limit your use of the CallPro Service, including without limitation the frequency and duration for which you may access the CallPro Service, and that CallPro has no responsibility or liability for any unavailability or limitation on use of the CallPro Service.
In addition, CallPro reserves the right at any time to limit: access to, modify, change or discontinue the CallPro Service, or any part thereof, with or without notice.
You agree that CallPro shall not be liable to you or to any third party for any modification, suspension or discontinuance of the CallPro Service.
You acknowledge and agree that CallPro may establish general practices and limits, which may not be published, concerning the use of the CallPro Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the CallPro Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time.
You agree that CallPro has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the CallPro Service.
You acknowledge that CallPro reserves the right to terminate any inactive or dormant account(s).
You agree and CallPro reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
As a condition of your use of the CallPro Service, you agree and warrant to CallPro that you will not use the CallPro Service, or allow others to use the CallPro Service under your account, for any purpose that is unlawful or prohibited by the User Agreement.
You may not use, or allow others to use, the CallPro Service in any manner that could damage, impair, disable or overburden the CallPro Service, interfere in any way with CallPro’s rights, interfere in any way with any other user’s use and enjoyment of the CallPro Service, or otherwise infringe on any person’s rights.
Specifically, you agree and warrant to CallPro that:
The CallPro will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities.
Or any calling in violation of our Responsible Use Policy or this User Agreement. Activities such as sending spam or other unsolicited messages can cause harm to the CallPro (and our customer base) in numerous ways including, but not limited to, damaging the CallPro brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships.
The CallPro retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by the CallPro; then you agree to pay for the CallPro liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your CallPro account; otherwise, you agree to pay the CallPro’s actual damages, to the extent such actual damages can be reasonably calculated by the CallPro.
Without limiting your obligations under the User Agreement and our Responsible Use Policy, user agrees to comply with all provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission’s implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule, including the August 2008 Amendment at 16 CFR Part 310, and any other similar Federal or State laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the CallPro Service will not violate these or other similar laws.
User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which the CallPro Services will be applicable.
User understands and agrees that the CallPro will not be held responsible for damages to the User or any third party incurred due to User’s failure to abide by State and/or Federal laws.
Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov Please refer to the appropriate State Attorney General’s office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the CallPro Service.
As part of the CallPro Service, the CallPro may offer User access to communications, media and commerce services.
The CallPro does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials (“Content”), whether publicly posted or privately transmitted through the CallPro Service.
You acknowledge that the CallPro Service simply acts as a passive conduit for the distribution and transmission of information.
You acknowledge that the CallPro has no obligation to screen, preview, or monitor such Content. By using the CallPro Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the CallPro Service, including Content that may be offensive, indecent or objectionable.
Under no circumstances will the CallPro be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the CallPro Service.
The CallPro may make identifiable information available to our employees and third parties with whom we contract in order to provide you the CallPro Service.
In addition, the CallPro may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties.
You acknowledge and agree that the CallPro may make such uses of information you provide or the CallPro collects.
While the CallPro is committed to protect your privacy, the CallPro does not guarantee that your communications, contact information and other identifiable information will never be disclosed.
You acknowledge and agree that the CallPro may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:
(a) comply with any legal process;
(b) respond to claims of a violation of the rights of third parties; or
(c) protect the rights, property, or safety of the CallPro, its users or the public.
The CallPro does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.
As we continue to develop our business, we might sell our company or buy other companies or assets.
In such transactions, customer information generally is one of the transferred business assets.
Also, in the event that the CallPro, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.
The basic account fees (“Service Fees”) shall be provided at the rates set out in the CallPro pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges.
The CallPro may modify subscription Service Fees at renewal periods.
Service Fees for subscription users of the CallPro Service will be automatically charged monthly to the credit or debit card on file for User.
If the Subscriber signs up on the 10th of a month payment to CallPro will be due on the 10th of each subsequent month.
If the Subscriber increases its plan in the middle of a month it is responsible for all additional costs at the time of increase.
If for any reason payment is not effected through User’s credit or debit card and payment becomes past due, the CallPro will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due.
The total amount of the late payment, and the late charge, shall be due and payable immediately. User is responsible for any fees, including attorney and collection fees that the CallPro may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the User.
Additionally, the CallPro reserves the right to immediately and without notice terminate the account of any User with a past due balance.
The CallPro reserves the right to change the billing process at any time upon providing notice in writing or via email.
The CallPro may permit User to use the CallPro Service on a free trial basis.
During this time, User will not incur any charges or fees for use of the service.
After the expiration of your free trial, you will have the option to purchase the CallPro messaging package or subscription as described on the CallPro web-site.
The CallPro reserves the right to terminate the account of any free trial User at any time.
The CallPro Service subscriptions shall automatically renew on a monthly basis at the rate indicated on the pricing plans page of theCallPro.com website.
Users may discontinue their subscription at any time by the instructions on the website. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.
Users that have no past due balance and have paid for the current month will be able to complete broadcasts on their canceled account until their paid subscription ends.
The CallPro pay-as-you-go service plans will expire after one hundred eighty (180) days of inactivity or upon exhaustion of the messages.
Inactivity is defined to mean that User has neither purchased any additional pay-as-you-go Credits, nor initiated a new broadcast. The CallPro pay-as-you-go service plans are non-refundable.
The CallPro provides a 30-day, No Risk, Satisfaction Guarantee with the CallPro services:
Under this guarantee, a new first-time customer will be provided the opportunity to cancel their service and receive a refund of their initial purchase.
To qualify for the refund a customer must adhere to the following:
1. The customer must submit in writing, by email or postal service, a notice of their intent to cancel their service with the CallPro as outlined below.
2. The notice must be delivered by email or postal service to the CallPro offices no later than 30 days from the sign up date. The sign up date is defined as the first day the customer signed up over the telephone with the CallPro representative or signed up through the CallPro web page.
3. The notice of cancellation must include the following:
Customer first and last name, group number, email address, telephone number and address with the reason for cancelation.
4. Cancellations/Refunds cannot be processed over the phone; cancellations received via this method will be rejected without notice.
5. If the customer fails to notify the CallPro of their intention to cancel their service by the 30th day all monies received will be non-refundable. The customer may cancel their service at any time after the grace period, but will not receive a refund.
YOU AGREE THAT:
A. IF YOU USE THE CALLPRO SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE CALLPRO SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CALLPRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR CALLPRO MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.
B. THE CALLPRO DOES NOT WARRANT THAT
(i) THE CALLPRO SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE CALLPRO SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CALLPRO SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CALLPRO SERVICE WILL MEET YOUR EXPECTATIONS,
(v) ANY INFORMATION YOU PROVIDE OR THE CALLPRO COLLECTS WILL NOT BE DISCLOSED, OR
(vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE CALLPRO SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR “CONTENT SENSITIVE” OR “MISSION CRITICAL” APPLICATIONS AND USE. “CONTENT SENSITIVE” SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. “MISSION CRITICAL” APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE CALLPRO SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM THE CALLPRO OR THROUGH OR FROM THE CALLPRO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT THE CALLPRO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE CALLPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR INABILITY TO USE THE CALLPRO SERVICE;
(ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CALLPRO SERVICE;
(iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES;
(iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE CALLPRO SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE CALLPRO SERVICE.
You agree to indemnify and hold harmless the CallPro and its affiliates and each of their respective officers, directors, owners, employees, agents, contractors, representatives, content providers and service providers, vendors or customers from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by the CallPro in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation or enforcement action based upon or arising out of:
(i) your breach of the above warranties; or
(ii) any use by you, or an account or computer owned by you, of the CallPro Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you, if you have not responded reasonably to the applicable matter. You acknowledge and agree to be held liable for any and all damages caused to the CallPro by you as a direct result of a violation of local, state, national or international laws and regulations, including but not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by the CallPro to you.
You acknowledge and agree that the CallPro Service and any necessary software used in connection with the CallPro Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the CallPro Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the CallPro Service, except as set forth herein.
The CallPro logo and other CallPro logos, product and service names may be trademarks, service marks or other intellectual property of the CallPro (“theCallPro Marks”).
You agree not to display or use the CallPro Marks in any manner without the prior, express written permission of the CallPro.
You agree that THE CallPro may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on theCallPro.com web site or through the CallPro Service.
If applicable, the CallPro will use the contact details provided with registration.
The User Agreement governs your use of the CallPro Service.
This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and the CallPro. They supersede any prior agreements between you and the CallPro.
Additional terms and conditions may apply when you use the services of other carriers and service providers.
These additional terms will not reduce, diminish, or eliminate any rights the CallPro possesses with respect to this User Agreement.
The User Agreement and the relationship between you and the CallPro shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CallPro Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to submit any dispute with the CallPro exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
The location of any arbitration shall be in the town of Monroe, NY.
You agree any arbitrator shall not have the authority to award punitive damages.
You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.
Any failure by the CallPro to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms.
If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties’ intentions expressed herein.
All other provisions of the User Agreement remain in full force and effect.