These Terms and Conditions for use constitute the agreement (“Agreement”) between CHATTEE (“we,” “us” “The Company “or “CHATTE”) and the user (“you,” “user” or “Subscriber”) of CHATTEE communications services and any related products or services (“Service”). By Using, registering or activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. This Agreement also governs our website, applications and software whether or not you are a registered member or not.
CHATTEE provides a social network conference calling service. It allows users multiple access methods to dial in across the Globe allowing them to group chat, public or private, moderate them, set up times, pins, recording and offering additional applications for building new services and features. All users may be individually responsible for paying any incurred local or long distance phone charges. Not all services are guaranteed to work with the same quality in all locations and through all interconnecting equipment.
CHATTEE services are essentially free. Nonetheless, CHATTEE also offers a premium services. This premium services is offered on a month to month, or annual basis and it is renewed automatically until it is cancelled by the user 30 days before the expiration.
3. PAYMENTS FOR PREMIUM SERVICES
a).CHATTEE only accepts payments by credit card. Your initial use of the Premium Service authorizes CHATTEE to charge the credit card account number on file with CHATTEE, including any changed information given CHATTEE if the card expires or is replaced, for CHATTEE charges that accrue during the billing cycle. This authorization will remain valid until 30 days after CHATTEE receives your written notice terminating CHATTEE’s authority to charge your credit card. CHATTEE may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with CHATTEE is declined or reversed or in case of any other non-payment of account charges.
b).Subscriber will not receive paper invoices or receipts. You can access printable invoices, billing reports and payments receipts via CHATTEE website.
c). Subscribers are responsible for any applicable federal, state, local, or other governmental, even foreign, and any other taxes.
4. RESALE AND TRANFERS
Subscribers’ right to use the Product is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Product, other materials or any information obtained by you without the express written consent from CHATTEE. If CHATTEE in its sole discretion believes that your account is being used by unauthorized user, this may be immediately suspended or canceled without prior notice.
5. UNLAWFULL AND PROHIBITED USE
You are solely responsible for the content of your transmissions through the Product. However, CHATTEE reserves the right to take any action with respect to the Product that CHATTEE deems necessary or appropriate in CHATTEE’s sole discretion if we believe transmissions or use of the Product may create liability for the Company. Your use of the Product is subject to all applicable local, state, national and international laws and regulations. You agree: (a) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (b) not to use the Product for illegal purposes; (c) not to interfere or disrupt networks connected to the Product; (d) not to use the Product to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (e) not to transmit through the Product or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
6. USE BY MINORS
Subscribers under the age of 18 (minor) should first consult their parent or guardian for approval prior to signing-up, logging-in, joining a group, creating a group or undertaking any activities on the Site. Parents or Guardians are responsible for closely monitoring their child’s activity on the Site. CHATTEE has no responsibility for the activities or consequences of those activities which the minor undertakes while on the through services or website. It is recommended that the parent have access to the groups in which the minor is a member of to monitor activities within each group including posts, messages, events, polls, files, chats and any other activities which may be undertaken within the group or any group the minor is a member of. It is not the responsibility of CHATTEE to monitor the activities undertaken in a group where a minor is a member of or has access to.
7. COPYRIGHT, TRADE MARK AND UNAUTHORIZED USE
CHATTEE, CHATTEE logo, and other names, logos, icons and marks identifying CHATTEE’s products and services are trademarks of CHATTEE and may not be used without the prior written permission. The services and any software, information, documents, and materials on CHATTEE’s website are also protected. All rights not expressly granted in these Terms are reserved to CHATTEE.
8. ACCESS NUMBERS
Subscriber is advised and expressly agrees that, by obtaining the Service hereunder, it does not acquire any ownership interest, intellectual property right, right of control, right to port or other interest of any kind in any telephone number used to access the Service, including without limitation any toll free number. Subscriber further acknowledges that any access number, including without limitation a toll free number, assigned by CHATTEE to Customer shall be utilized by Subscriber solely to access the Service and may be withdrawn or exchanged by CHATTEE for another access number at The Company’s discretion upon notice to Subscriber. Subscriber’s right to use a telephone number provided by CHATTEE, including without limitation any toll free number, shall end automatically and immediately upon the expiration or termination of the Agreement.
9. PASSWORD AND SECURITY
In connection with your account we will initially generate your dial-in numbers, access codes and/or passwords for access to this account. You agree to carefully safeguard all of your account numbers. You are solely responsible if you do not maintain the confidentiality of account information. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify CHATTEE of any unauthorized use of your account or any other breach of security known to you.
Regarding the free services CHATTEE may immediately terminate your membership and right to use the Product if (a) You breach these Terms; or (b) CHATTEE decides, in its sole discretion, to discontinue offering the Product. CHATTEE shall not be liable to you or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice. Should you object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, your sole recourse is to immediately: (a) discontinue use of the Product; (b) terminate your membership; and (c) notify of termination. Upon termination of membership, your right to use the Product immediately ceases.
In addition and just in the case of Premium Services either party may terminate this Agreement at any time in the event that the other party breaches any provision of this Agreement in any material respect and fails to cure such breach within 30 days after receipt of written notice of such breach.
CHATTEE may amend these Terms at any time by posting a revised Terms of Service document on its website. You are responsible for regularly reviewing it. You manifest intent to accept these amended terms if you continue to use the services after such amended terms have been posted. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, CHATTEE reserves the right to modify or discontinue the Product with or without notice to you and shall not be liable to you or any third party for exercising its right to modify or discontinue the Product.
You hereby agree, at your expense, to indemnify, defend and hold CHATTEE harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against The Company arising out of or relating to a dispute between you and/or your associated users, of any products and services, over the terms and conditions of a contract or any other promise, agreement or attempted agreement for the purchase, sale or use of any product or service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. CHATTEE 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. CHATTEE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA YOU MAY DOWNLOAD DOWNLOADED OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHATTEE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL CHATTEE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF CHATTEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHATTEE’S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations, billings, and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.
17. GOVERNING LAW
These Terms are governed in all respects by the laws of the State of Florida as such laws are applied. Both parties submit to personal jurisdiction in Florida and further agree that any cause of action relating to these Terms shall be brought in a court in Broward County, Florida. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. CHATTEE’s failure to act with respect to a breach by You does not waive CHATTEE’s right to act with respect to subsequent or similar breaches. ANY CAUSE OF ACTION BY USE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER IT AROSE OR BE FOREVER WAIVED AND BARRED.
CHATTEE can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.