Your choice will determine the specific phone system setup instructions we send you
DESCRIPTION OF SERVICE. vm2email.com provides a service for relaying emails from your phone system to email recipients (the “Service”).
You understand and agree that the Service is provided to you on an “AS-IS” basis and that vm2email.com assumes no responsibility for the quality, timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as Internet access to use the Service).
YOUR REGISTRATION OBLIGATIONS. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or vm2email.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, vm2email.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Persons under the age of 18 may not sign up for an vm2email.com account or use any vm2email.com services.
MEMBER ACCOUNT, PASSWORD AND SECURITY. You are fully responsible for all activities that occur under your password(s) or account designation(s). You agree to (a) immediately notify vm2email.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. vm2email.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
TRANSMITTED CONTENT. You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not vm2email.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. vm2email.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will vm2email.com 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 posted, emailed, transmitted or otherwise made available via the Service. You agree that Voice Messages left that are not clearly audible, thickly accented, at low volume or any other characteristic that does not result in accurate transmission and transcription are a consequence of the audio quality of the party leaving the message. vm2email.com cannot guarantee that every call has a high-quality connection or that every caller will speak clearly.
ACCEPTABLE USE POLICY.
- Each account created with vm2email.com is authorized for use by a single business entity, and it is prohibited for multiple business entities to share a single account. A single business entity may use a single account for multiple physical locations, each with a separate phone system; provided, however, that the number of locations/systems per account does not exceed ten (10).
- The Service may not be used in connection with, or to facilitate, any criminal or other illegal activity.
- If data traffic directed by your telephone equipment to our servers is determined, in our sole discretion, to be significantly in excess of average traffic of customers using your same plan type, vm2email.com reserves the right to block or throttle such traffic.
- You shall not direct or cause any traffic to be directed to our servers which is not intended to be used in conjunction with our Service. This includes, but is not limited to, “spam”, malicious emails, or other malicious traffic such as a Denial of Service (DOS) attack. Violation of this provision is subject to all traffic originating from the originating equipment being throttled or blocked and may result in immediate account suspension and/or termination.
INDEMNITY. You agree to indemnify and hold vm2email.com, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, your violation of any rights of another person, or your violation of any law.
THIRD PARTY SERVICE PROVIDERS. You understand and acknowledge that vm2email.com is reliant upon third party suppliers in order to provide the Service to you. These third-party suppliers might be engaged by vm2email.com or vm2email.com’s third party suppliers to provide computing infrastructure, computer processing power, Internet connectivity, transcription services, translation services, email services, and/or other services. vm2email.com does not control, and will not be responsible for, any Service failures or interruptions caused by such third-party service providers.
PRIVACY OF PERSONAL DATA. vm2email.com takes its customer privacy seriously and will not share your registration or payment information with any third party except as may specifically be required to obtain payment, manage your account, and/or provide the Service to you. vm2email.com will never sell or provide your personal information to any third party for the purposes of solicitation.
CUSTOMER DATA. You understand and acknowledge that email is an inherently insecure means of communication, and that it is impossible for vm2email.com to guarantee that Customer Data will be kept secure during transmission or storage on third-party servers.
ELECTRONIC COMMUNICATIONS. You and your users of the Service consent to electronic communications for the purposes of account notifications and other email communications required to fulfill vm2email.com’s obligations in providing the Service. You agree to notify vm2email.com of any administrator email address changes; to update email addresses in your phone system configuration whenever needed; and to avoid classifying any email communication from vm2email.com or its service providers from the Service platform as unsolicited or “spam”, complaining to the email postmaster, or attempting to unsubscribe from receiving such emails for so long as you are using the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that vm2email.com may establish general practices and limits concerning use of the Service but that vm2email.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service on your server.
MODIFICATIONS TO SERVICE. vm2email.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that vm2email.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION. You agree that vm2email.com may, under certain circumstances and without prior notice, immediately terminate your vm2email.com account, any associated text message address and/or email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (g) your engagement in fraudulent, illegal or improper activities, (h) third party operator requirement, and/or (i) nonpayment of any fees owed by you in connection with the Service. You may terminate your access and use of the Service upon prior written notice to vm2email.com. In no event shall you be entitled to a refund of any fees paid to vm2email.com hereunder.
VM2EMAIL.COM Voice Mail Transcription Services PROPRIETARY RIGHTS. Title, ownership rights and all intellectual property rights in and to the Services shall remain the sole and exclusive property of vm2email.com. vm2email.com retains all rights not expressly granted to you in this Agreement. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Services except and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service (including your vm2email.com I.D., account, account designation, password and other vm2email.com information), use of the Service, or access to the Service.
CUSTOMER FEEDBACK AND SUGGESTIONS. You acknowledge and agree that you may be providing and submitting feedback, statements, suggestions and ideas (“Ideas”) to vm2email.com in connection with your use of the Service which vm2email.com may use in future modifications and/or updates to the Service. You hereby assign to vm2email.com any and all rights and interest to any Ideas, including but not limited to, any copyright, patent right, moral right, or any other intellectual property right now known or later developed. vm2email.com transfers no right, title, or interest in the Service to you, or any technical or methodological discoveries, improvements, adaptations or developments made by vm2email.com, even if specifically made for you, relating to the Service. You understand and agree that the Service, including the existence of the Service, Ideas, performance, features, capabilities, related materials or documentation is “vm2email.com Confidential Information.” You agree not to disclose to, sell to, or allow any third party to access or use the vm2email.com Confidential Information. You agree that any unauthorized disclosure of the vm2email.com Confidential Information would cause irreparable harm to vm2email.com and that in the event of any breach or threatened breach of your confidentiality obligations, vm2email.com shall be entitled to obtain equitable relief in addition to any other remedy.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VM2EMAIL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- VM2EMAIL.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (VI) THAT THE INTERNET WILL BE AVAILABLE AND WILL PERFORM.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VM2EMAIL.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF SERVICE.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VM2EMAIL.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VM2EMAIL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF 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 THE SERVICE; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTICE. vm2email.com may provide you with notices, including those regarding changes to these Terms and Conditions of Service, by either e-mail, regular mail, or postings on the Service website.
TRADEMARK INFORMATION. The trademarks, service marks, logos and product and service names of vm2email.com are trademarks of vm2email.com (the “vm2email.com Marks”). You agree not to display or use in any manner, the vm2email.com Marks without vm2email.com’s express prior written consent.
GENERAL INFORMATION
Choice of Law and Forum. This Agreement and the relationship between you and vm2email.com shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and vm2email.com agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa county, Arizona.
Waiver and Severability of Terms. The failure of vm2email.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Non-Transferability. You agree that your vm2email.com account is non-transferable, and this Agreement may not be assigned by you without vm2email.com’s prior written consent.
Entire Agreement. This Agreement constitutes the entire agreement between you and vm2email.com and governs your use of the Service, superseding any prior agreements between you and vm2email.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services from vm2email.com.