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Terms of Use

Terms of use
[CallerCenter.com]
Effective and Last Updated: March 8, 2014

Last Updated: January 8, 2013
These Terms of Service govern your access to and use of the CallerCenter website (the “Site”), any information, text, graphics, or other materials appearing on the Site or made available via CallerCenter that is provided by CallerCenter (the “CallerCenter Content”), and any services or software offered by CallerCenter (including but not limited to the CallerCenter Mobile App (as defined below) (any and all of the foregoing the “CallerCenter Service” or “CallerCenter”).
Please read the following terms and conditions carefully. These Terms of Service grant certain rights to us and also explain the ways in which you may be able to manage how certain data about you appears to others via CallerCenter. Please also see our Privacy Policy located at /disclaimer-privacy-policy.html for information and notices concerning CallerCenter’s collection and use of your personal information.
Your access to and use of the Site, CallerCenter Content and CallerCenter are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, CallerCenter Content, or CallerCenter Service, you agree to be bound by these Terms of Service whether you are a Member (as defined below), a Non-Registered User (as defined below) or a visitor just browsing the Site (collectively, “CallerCenter Users”).
For convenience we use the following definitions:
Mobile Phone Data” means any data from your mobile phone that you choose to upload to CallerCenter, including but not limited to your mobile phone contacts and your mobile phone number.
Non Registered User” means an individual who has (i) submitted his or her Caller ID Data (as defined below) to CallerCenter so that information can be made available to Members; or (ii) submitted a Blocking Request (as defined below) to us. See Section 3 below for further information on how Non Registered Users can use CallerCenter.
Caller ID Data” means the data and any other information that you choose to submit to us as a Member or Non Registered User to display in CallerCenter Caller ID results for your own phone numbers.
Third Party Database” means a public or proprietary database controlled, hosted or maintained by a third party which CallerCenter may access from time to time to provide Members with our services.
User Data” means the Mobile Phone Data, Caller ID Data and any other data or information which CallerCenter Users submit or upload to CallerCenter or share in connection with their use of CallerCenter, except for Comments (as defined below).
1. Membership and Eligibility
To use CallerCenter as a Member or Non Registered User you must be at least 18 years old.  By completing the registration process or by engaging in the activities set forth in Section 3, you represent and warrant that you are 18 or older.
If you are not a Member you may browse all areas of the Site or use the parts of CallerCenter that are not limited to Members only.
You may join CallerCenter and become a “Member” by installing the CallerCenter Mobile App on your mobile phone. The first time you launch the CallerCenter Mobile App, a Caller ID record will be created for you automatically and linked to your phone number. When you use the CallerCenter Mobile App, you will have the opportunity to decide what Caller ID Data that other Members will see when you call or text them.
CallerCenter will never intentionally share any of your Mobile Phone Data with any third party without your permission, except as set forth in these Terms of Service and our Privacy Policy. The permissions you give CallerCenter are always under your control and you can delete your Mobile Phone Data from CallerCenter at any time. See Section 6 below for further information on “Terminating the CallerCenter Service”.
You agree to provide accurate, current and complete information and to update such information to keep it accurate, current and complete.  CallerCenter reserves the right to suspend or terminate your use of the CallerCenter Service if any information provided proves to be inaccurate, not current or incomplete.
2. CallerCenter Caller ID
As a Member, anytime you receive a call or text message on your phone from a number that is not in your phone contacts, CallerCenter can automatically look up the number in our database and Third Party Databases, and if available, return the name of the person or business that is trying to reach you (“CallerCenter Caller ID”).
For non-commercial numbers, CallerCenter only returns names, not email addresses or other personal information, unless the owner of that number has submitted that information directly to CallerCenter as part of their Caller ID Data.
Permission to Access. To use CallerCenter Caller ID for free you must grant CallerCenter permission to look up results for other Members in your Mobile Phone Data. If you do not want to grant CallerCenter such permission, or you do not have the permission of your contacts, you should not opt in to use the free version of CallerCenter Caller ID.
License Grant. As between CallerCenter and you, you retain all ownership of your User Data. However, by sharing, submitting and uploading any User Data, you grant CallerCenter a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, prepare derivative works of, display and perform your User Data in connection with the Site and CallerCenter solely to the extent necessary to provide you and other CallerCenter Users with our services.
By providing or allowing CallerCenter to access your User Data, you are granting CallerCenter all of the necessary rights and permissions to provide the CallerCenter Service to you and other CallerCenter Users.  You acknowledge and agree that you are solely responsible for all the User Data that you make available through the Site or the CallerCenter Service.  Accordingly, you represent and warrant that: (i) you have all rights, licenses, consents and releases that are necessary to grant to CallerCenter the required rights in User Data, as contemplated under these Terms of Service, including but not limited to permission from your contacts to upload their information to CallerCenter; and (ii) neither User Data nor your posting, uploading, publication, submission or transmittal of User Data or CallerCenter’s use of User Data (or any portion thereof) on, through or by means of the Site and CallerCenter will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3. Using CallerCenter to Manage Access to Data in Our Database
Making Your Caller ID Data Unavailable to Members. As a Non-Registered User, except as further provided in this Section, if CallerCenter has information about your phone number from any source, you can request that we block that information from appearing to Members via CallerCenter (each a “Block Request”).  Use the contact form /contact-us to contact us with a request to have your information removed. Please include the telephone number that you would like to be removed from the database. Thereafter, any Member who looks up your phone number using CallerCenter Caller ID will see “Nothing Found” or a similar message. Submission of a Block Request does not mean that your phone number will be deleted from all of our databases - for example, we retain this information to honor your request. Please note that CallerCenter allows users to automatically decline calls or delete text messages from people who block Caller ID.
Third Party Databases.  CallerCenter does not have control over Third Party Databases and your submission of a Blocking Request to us will not remove your phone number from any Third Party Database where your information may be available. It simply means that your name will not appear in CallerCenter results.
No Blocking of Unwanted Communications.  Based on a pattern of calling and/or texting and publicly available information, our proprietary systems may be able to determine the character of certain calls and texts as unwanted by a Member or Members. Without limiting any other terms of these Terms of Service, CallerCenter does not honor Blocking Requests from entities, businesses or individuals that engage in making unsolicited sales or marketing calls or other types of unwanted calls and communications as flagged by our systems. In these cases, the names of unwanted callers will remain available to Members.
4. Modification
CallerCenter reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or CallerCenter or to modify these Terms of Service, at any time and without prior notice.  If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification.  We will also update the “Last Updated Date” at the top of the home page of the Site.  By continuing to access or use the Site or CallerCenter after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service.  If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and CallerCenter.
5. Billing and Fees
CallerCenter is free for most users.  Fees and payment terms, if any, depend on the type of phone that you have, your wireless service provider (“Wireless Provider”), and the version of CallerCenter that you use. 
You represent that you are the owner or authorized user of the wireless device you use to access the CallerCenter Mobile App and that you are authorized to approve any and all applicable charges. You agree and acknowledge that your Wireless Provider’s standard message and data rates may apply in addition to any CallerCenter fees.
You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to your use of the Site and CallerCenter Service, if any.  All fees are non-refundable and non-transferable except as expressly provided in these Terms.  All fees and applicable taxes, if any, are payable in United States dollars.
Without limiting any other terms of these Terms of Service, CallerCenter may change fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes.
If fees due to CallerCenter are not paid in a timely manner, or CallerCenter is unable to process your transaction using the information provided, CallerCenter reserves the right, and has the sole discretion, to suspend your access to the CallerCenter Service. If any outstanding fees are not paid up within thirty (30) days from the date on which the fees become outstanding, CallerCenter, reserves the right, and has the sole discretion to delete your User Data and terminate your access to the CallerCenter Service.
6. Termination
If you violate any of these Terms of Service, your permission to use or access the Site, CallerCenter Content, the CallerCenter Service, or User Data will automatically terminate. CallerCenter reserves the right to change or revoke your access to and use of the Site, CallerCenter Content, the CallerCenter Service, or User Data, or any part thereof, at any time, with or without cause or terminate these Terms of Service. Without limiting any other terms of these Terms of Use, in the event that CallerCenter terminates these Terms of Service or revokes your access for your breach, you will remain liable for all amounts due hereunder.
You can stop using the CallerCenter Mobile App at any time. Merely deleting the CallerCenter Mobile App from your device will not delete your Mobile Phone Data or Caller ID Data (if any) from our systems. This is because when you delete the application from your device we do not receive notice that you have done so. The Site and the CallerCenter Service will still be available to you, and you will continue to be charged according to the relevant fee schedule if any, until you delete your Mobile Phone Data. Members may delete their Mobile Phone Data from CallerCenter at any time by visiting /contact-us and using the contact form. Please include the words “deletion request” as the title. Paying users will not be issued a refund for any previously charged fees.
7. Your Use of the CallerCenter Content
CallerCenter authorizes you to download, view, and print a copy of the CallerCenter Content, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Service.
8. CallerCenter Property
All right, title, and interest in and to the Site, CallerCenter Content, and CallerCenter Service are and will remain the exclusive property of CallerCenter and its licensors. The Site, CallerCenter Content, and CallerCenter Service are protected by copyright, trademark, and other laws of both the United States, Canada and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, CallerCenter Content, or CallerCenter Service. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, CallerCenter Content, or CallerCenter Service on or in connection with any other website, for any purpose.
User Data does not include content that you contribute to CallerCenter’s corporate weblog, phone number complaints website, and support forums (“Comments”).  By emailing, commenting, submitting or uploading a Comment, to the Site and through the CallerCenter Mobile App, you automatically grant (or warrant that the owner of such rights has expressly granted) CallerCenter a worldwide, royalty-free, non-exclusive, sublicensable, perpetual, and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, and transmit your Comment in any form, medium, or technology now known or later developed. In addition, you waive all so-called moral rights in your Comments or warrant that they have been waived. CallerCenter has the right, but not the obligation, to monitor and edit, or remove content or Comments, in whole or in part. CallerCenter is not responsible for the accuracy, completeness, appropriateness, legality or applicability of content or Comments provided by others and CallerCenter does not endorse, support, sanction, encourage, verify, or agree with content or Comments others submit.
9. CallerCenter Mobile App
Subject to your compliance with these Terms of Service, CallerCenter grants you a non-exclusive and non-transferable license for you to Execute (as defined herein) the executable form of the CallerCenter mobile application (the “CallerCenter Mobile App”) on an approved mobile device that you own or control (your “Device”) for the purposes of accessing CallerCenter. This license does not allow you to use the CallerCenter Mobile App on any Device that you do not own or control. CallerCenter reserves all rights in the CallerCenter Mobile App not expressly granted to you in these Terms of Service.  For purposes of these Terms of Service, “Execute” and “Execution” means to load, install, and run the CallerCenter Mobile App in order to benefit from its functionality as designed by CallerCenter. The copy of the CallerCenter Mobile App is licensed, not sold. You own the Device on which the CallerCenter Mobile App is recorded, but CallerCenter retains ownership of the copy of the CallerCenter Mobile App itself, including all intellectual property rights therein.
You acknowledge that CallerCenter may choose to issue upgraded versions of the CallerCenter Mobile App and may elect to do so automatically and electronically. You hereby agree and consent to such automatic upgrades and acknowledge that these Terms of Service will apply to any and all such upgrades, unless such upgrade is accompanied by a separate license.
The license granted under this Section 9 remains in effect for a period of 75 years, unless earlier terminated in accordance with these Terms of Service.  You may terminate the license at any time by destroying all copies of the CallerCenter Mobile App in your possession or control.  The license granted under these Terms of Service will automatically terminate, with or without notice from CallerCenter, if you breach any term of these Terms of Service.  Upon termination, you must at CallerCenter’s option either promptly destroy or return to CallerCenter all copies of the CallerCenter Mobile App in your possession or control.
10. General Prohibitions
You agree not to do any of the following while using or accessing the Site, CallerCenter Content, the CallerCenter Service or User Data:
Post, publish, or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the Site, CallerCenter’s computer systems, or the technical delivery systems of CallerCenter’s providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, CallerCenter Content, or User Data with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by CallerCenter or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
Send unsolicited email, junk mail, “spam,” chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, CallerCenter Content, the CallerCenter Service, or User Data to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, CallerCenter Content, the CallerCenter Service, or User Data;
Copy (except in the course of loading or installing) or modify the CallerCenter Mobile App, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the CallerCenter Mobile App;
Transfer, sublicense, lease, lend, rent or otherwise distribute the CallerCenter Mobile App to any third party;
Make the functionality of the CallerCenter Mobile App available to multiple users through any means, including but not limited to by uploading the CallerCenter Mobile App to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services;
Interfere with, or attempt to interfere with, the access of any member, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
Impersonate or misrepresent your affiliation with any person or entity.
CallerCenter will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. CallerCenter may involve and cooperate with law enforcement authorities in prosecuting members who violate these Terms of Service. You acknowledge that CallerCenter has no obligation to monitor your access to or use of the Site, CallerCenter Content, the CallerCenter Service, or User Data, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
11. Feedback
CallerCenter encourages Members to evaluate and test the Site, CallerCenter Content, CallerCenter Service and provide CallerCenter with feedback, comments, and suggestions for improvements (“Feedback”). You hereby irrevocably grant CallerCenter a non-exclusive, sublicensable, royalty free, perpetual license to make, use, sell, copy modify, distribute, and perform any and all Feedback that you provide. You will not earn or acquire any rights or licenses in the Site, CallerCenter Content, or CallerCenter on account of these Terms of Service or your performance under these Terms of Service.
12. Digital Millennium Copyright Act Compliance
CallerCenter respects the intellectual property rights of others and expects our members to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder’s rights. You agree to comply with the terms of the CallerCenter Copyright Policy.
13. Links
The Site may contain links to third party websites or resources. You acknowledge and agree that CallerCenter is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CallerCenter of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
14. Use at Your Own Risk
Your access to and use of the Site, CallerCenter Content, the CallerCenter Service, or User Data is at your own risk. CallerCenter will have no responsibility for any harm to your computer system or wireless device, loss of data, or other harm that results from your access to or use of the Site, CallerCenter Content, the CallerCenter Service, or User Data. You agree to use CallerCenter, including but not limited to having CallerCenter retrieve your Mobile Phone Data, only where permitted by the applicable third party providers and wireless carriers.
You acknowledge and agree that you should not rely on the Site, CallerCenter Content, the CallerCenter Service or User Data for any reason. You further acknowledge and agree that you are solely responsible for maintaining, backing up, and protecting all of your User Data.
15. Disclaimer
THE SITE, CALLERCENTER CONTENT, THE CALLERCENTER SERVICE AND ANY USER DATA ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY ACKOWLEDGE AND AGREE THAT USE OF THE SITE, CALLERCENTER CONTENT, THE CALLERCENTER SERVICE AND ANY USER DATA IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WITHOUT LIMITING THE FOREGOING, CALLERCENTER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
CALLERCENTER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, CALLERCENTER CONTENT, THE CALLERCENTER SERVICE AND ANY USER DATA AND CALLERCENTER MAKES NO WARRANTY THAT THE SITE, CALLERCENTER CONTENT, THE CALLERCENTER SERVICE AND ANY USER DATA WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED. CALLERCENTER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, CALLERCENTER CONTENT, THE CALLERCENTER SERVICE AND ANY USER DATA, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CALLERCENTER CONTENT, THE CALLERCENTER SERVICE AND ANY USER DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CALLERCENTER OR THROUGH THE SITE, CALLERCENTER CONTENT, THE CALLERCENTER SERVICE AND ANY USER DATA WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnity
You agree to indemnify and hold harmless CallerCenter, its officers, directors, employees, and agents, from and against any third party claims, demands, disputes, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, CallerCenter Content, the CallerCenter Service, or User Data or your provision of Mobile Phone Data or your violation of these Terms of Service or the rights of another party.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALLERCENTER WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL,  CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CALLERCENTER MOBILE APP, HOWEVER CAUSED,RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CALLERCENTER CONTENT, THE CALLERCENTER SERVICE AND ANY USER DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CALLERCENTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT CALLERCENTER IS NOT LIABLE FOR: (1) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU; (2) ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES; (3) ANY HARM RESULTING FROM USE OF YOUR MOBILE PHONE DATA AS SET FORTH IN THIS AGREEMENT; OR (4) ANY EFFECTS THAT YOUR USE OF THE SITE, CALLERCENTER CONTENT, THE CALLERCENTER SERVICE AND ANY USER DATA HAVE ON YOUR COMMERCIAL AND NON-COMMERCIAL RELATIONSHIPS WITH THIRD PARTIES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF CALLERCENTER TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CALLERCENTER CONTENT, FOR ACCESS TO AND USE OF THE SITE, CALLERCENTER CONTENT, THE CALLERCENTER SERVICE AND ANY USER DATA. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CALLERCENTER AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18. Severability
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
19. Waiver
The failure of CallerCenter to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
20. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the Province of Quebec without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the province and federal courts located in Quebec, Canada and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
21. U.S. Government End Users
The CallerCenter Mobile App and any documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202.  If the CallerCenter Mobile App and documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the CallerCenter Mobile App and documentation will be only those specified in these Terms of Service.
22. Export Law
You agree to comply fully with all U.S. export laws and regulations to ensure that neither the CallerCenter Mobile App nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the CallerCenter Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
23. Entire Agreement
These Terms of Service are the entire and exclusive agreement between CallerCenter and you regarding the Site, CallerCenter Content, the CallerCenter Service (including but not limited to the CallerCenter Mobile App), or User Data and these Terms of Service supersede and replace any prior agreements between CallerCenter and you regarding the Site, CallerCenter Content, CallerCenter Service, User Data, and CallerCenter Reports.
If you have any questions about these Terms of Service, please contact CallerCenter at [email protected].