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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.