Site Terms Of Use

Site Terms of Use

The Halloo Website www.halloo.com, my.halloo.com (the “Website” or “Site”) is a place where customers can sign-up, configure and customize their small business communications services (“the Services”). The Site is owned and operated by Halloo Communications, subject to your compliance with the terms and conditions set forth below. Please read this Agreement, the Service Terms of Use, and the Halloo Privacy Policy carefully before accessing or using the Site, Software and Services. Upon access and use of the Site, Software and Services you agree to be bound by all of the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Site, Software or Services. Halloo Communications may modify this Agreement or Service Terms and Conditions of Use at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Agreement on the site. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site, Software or Service shall be deemed your conclusive acceptance of the modified Agreement.

  1. Halloo Communications does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does Halloo Communications warrant any connection to or any transmission over the Internet. Halloo Communications makes no representation or warranty express or implied including but not limited to any warranty of merchantability or fitness for a particular purpose or as to the quality of the call. Use of the Services shall be in accordance with the Terms and Conditions of Use attached hereto. User agrees to be responsible for payment of all applicable charges on the undersigned’s detail report incurred as a result of the use of user’s Halloo debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. In no event will Halloo Communications be liable for any indirect, special, incidental or consequential losses or damages arising in any manner from the use of the Halloo Services.
  2. My Halloo, My Halloo Voice, My Halloo Web and other Halloo or Halloo Communications logos and audio files featured on the Site are trademarks of Halloo Communications and may not be used, duplicated or distributed without the written consent of Halloo Communications.
  3. Information on the Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Halloo Communications may also make improvements and/or changes to the Site, Software or Services at any time without notice.
  4. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Halloo Website may be copied or retransmitted unless expressly permitted by Halloo.
  5. Any links available on this Site will enable you to leave the Site. The linked sites are not under the control of Halloo, and Halloo is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. Halloo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Site. Additionally, other marks that appear on this Site may be marks of third parties that are not affiliated with Halloo. Neither Halloo Communications nor its affiliates control or endorse the content of third party websites. In no event will Halloo Communications be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or on any other hyper linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
  6. Halloo Communications cannot and does not guarantee or warrant that the files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site, Software, Services and the Internet. All Services provided by Halloo Communications are provided “as is”. Halloo Communications does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties or merchantability or fitness for a particular purpose) with regard to the Services.
  7. In no event will Halloo Communications be liable for:
    • Any incidental, consequential, or indirect damages (including, but not limited to damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, Software or Services, or any transactions provided on, or hyperlinked, from the Site, even if Halloo Communications or its authorized representatives have been advised of the possibility of such damages
    • Any claim attributable to errors, omissions, or other inaccuracies in the Services and/or materials or information downloaded through, or hyperlinked from, the Site.
  8. You agree to indemnify, defend and hold Halloo Communications, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site, Software or Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, or Service Terms and Conditions of Use. The provisions of this paragraph are for the benefit of Halloo and its officers, directors, employees, agents, shareholders, licensors, suppliers to the Site, Software or Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
  9. This Agreement shall be governed and construed in accordance with the laws of the State of California. You agree that in any legal action or proceeding between you and Halloo Communications for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in San Francisco, CA and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Software or Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Halloo Communications’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of this Agreement. Halloo Communications may assign its rights and duties under this Agreement to any party at any time without notice to you.
  10. All bonus and promotional minutes will expire 30 days after the relevant purchase or sign-up date. After the 30-day period, unused bonus or promotional minutes will be forfeited.
 

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