Terms & Conditions

  1. Service. VizAbility Communications, Inc. ("TakeActionMarketing.com") will provide telecommunications services ("Services") and online reporting and account management tools ("Statistics"). These terms and conditions are subject to change without notice by posting the changes to our Web site. You have read our Acceptable Use Policy located at: http://www.takeactionmarketing.com/support/acceptableuse.html and agree to abide by the policy.
  2. Code. TakeActionMarketing.com will deliver and license to you for the term of this Agreement a unique account number and access to the TakeActionMarketing.com Reporting Suite. For the term of this Agreement, TakeActionMarketing.com grants you a right to copy, print and analyze all data provided through the TakeActionMarketing.com Reporting Suite. TakeActionMarketing.com is not granting any rights to the TakeActionMarketing.com Reporting Suite code. TakeActionMarketing.com's accounts are independent of one another although a customer can have many billing lines or services under one account. Account statistics are not combined with other accounts or totaled. Statistics for each account are based on the usage for the services registered under a specific account. TakeActionMarketing.com retains ownership and all rights to the code, TakeActionMarketing.com logos, trademark, software, and trade secrets.
  3. Data and Statistics. You will own the statistics for your services and can copy, archive, backup, publish, distribute and use the statistics for any legal purposes. TakeActionMarketing.com will keep your statistics confidential. Notwithstanding the foregoing, TakeActionMarketing.com has the right to publish industry-wide statistics based upon raw data aggregated from several or all of its accounts, but TakeActionMarketing.com does not have any right to publish your statistics separately.
  4. Privacy. TakeActionMarketing.com privacy policy is located at http://www.takeactionmarketing.com/support/privacy.html and this agreement incorporates this policy by reference into this agreement.
  5. Fees. You will pay us in accordance with our price schedules detailed for each of our services or plans agreed to during signup. We reserve the right to deactivate accounts or viewer access to statistics for failure to pay or refused credit cards. Any outstanding balance becomes immediately due and payable upon termination of this agreement for any reason and any collection expenses (including attorneys' fees) incurred by TakeActionMarketing.com will be included in the amount owed. If you provide us with a credit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement. If your credit card rejects payment, we reserve the right to make multiple attempts to charge prior to cancellation of service and a fee of $0.99 per attempt will be charged to your account. If your failed payment continues to be unresolved, we reserve the right to cancel your service immediately. Once your account has been canceled, any request to activate your account will result in a $10 activation fee along with any unpaid balance. We utilize an automatic payment program, which initiates payment for services delivered at the end of each month and at certain thresholds throughout the month if the usage exceeds the predetermined threshold. The residential threshold is $100 and a charge will be initiated in the event the cumulative monthly account usage exceeds the threshold during the month.
  6. Term. You will be obligated to continue this Agreement for the term you selected during the online order process (the "Initial Term"). Terms vary from an unspecified term to one year based on the services requested as detailed during the signup process. At the end of the Initial Term of this Agreement, this Agreement will automatically renew for successive monthly periods (subject to then current pricing and then current terms and conditions) unless terminated by either party by giving written notice of termination at least 30 days before the expiration of the then current term. TakeActionMarketing.com reserves the right to terminate this Agreement and to deactivate or deny viewing access to your account immediately for your failure to pay. If TakeActionMarketing.com denies viewing access but has not terminated the Agreement, TakeActionMarketing.com will continue the Services until the Agreement is terminated without interruption and you will remain obligated to pay any fees related thereto. Upon termination or expiration of this Agreement, you will not be given access to your statistics. Any outstanding balance for services rendered through the date of termination or any other payment obligations during the remainder of any unexpired Initial Term or renewal term will be immediately due and payable upon termination of this Agreement.
  7. Liability and Disclaimer. You recognize that, in the event of system failures or network failures or other causes beyond TakeActionMarketing.com's control, access to our site and your statistics may be denied and may not be available for as long as such failure persists. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY THIRD PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS OR ANY CLAIM BY ANY THIRD PARTY OBTAINING TakeActionMarketing.com SERVICES FROM YOU. THIS OBLIGATION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. TakeActionMarketing.com'S LIABILITY FOR ALL CLAIMS OR INDEMNITIES ARISING OUT OF THESE TERMS & CONDITIONS, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO TakeActionMarketing.com UNDER THIS AGREEMENT DURING THE SIX MONTHS PRECEDING THE CLAIM. YOU USE TakeActionMarketing.com'S SERVICES AND TakeActionMarketing.com'S REPORTING SUITE CODE AT YOUR OWN RISK. TakeActionMarketing.com'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TakeActionMarketing.com DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF DATA, LOSS OF BUSINESS PROFITS, DEPRECIATION OF STOCK PRICE, BUSINESS INTERRUPTION, OR OTHER SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM OR IN RELATION TO THESE TERMS & CONDITIONS OR THE USE, INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ANY TakeActionMarketing.com SERVICE OBLIGATIONS, WARRANTIES OR SERVICE LEVEL GUARANTIES INCLUDED IN THIS AGREEMENT ARE MADE TO YOU ONLY, AND NOT TO ANY CUSTOMER OF YOURS.
  8. Notices. All notices required under this Agreement from one party to the other must be in writing, by courier, fax or email and the addresses or telephone numbers as a party designates in writing. Notice will be deemed given (i) immediately if by email, (ii) one day after mailing if by nationally known overnight courier service or three days if mailing by a well recognized international courier service, (iii) upon confirmation of a successful facsimile transmission.
  9. Disputes. This Agreement will be construed and enforced in accordance with the laws of the State of California without regard to its conflict of laws and principles. Exclusive venue for any dispute under this Agreement will be San Diego County, California.