Updated as of August 2nd, 2020
Introduction, Acceptance, and Changes
Welcome to https://www.AccessBell.com (“Site”), a website provided by AccessBell, Inc. (including its subsidiaries, “AccessBell”).
In these Terms, “we”, “us” and “our” refer to AccessBell, and “you” or “your” refer to you personally (i.e., the individual accessing the Site or the Services) and/or the entity you represent.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this or another applicable page and will indicate at the top of the page the date the Terms were last revised. It is your responsibility to periodically check the Site for the current Terms and review any changes so you are aware of any revision to which you are bound. Your continued use of the Site or the Services after any such changes constitutes your acceptance of the new Terms.
The Site is controlled and operated by AccessBell from the United States, and, unless expressly set forth herein, is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.
It is your responsibility to ensure that you comply with all applicable laws and that you have all rights required to use the Site and Services in the locations where you use them and how you use them. You acknowledge that any materials provided to you pursuant to these Terms are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and you acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required. You represent and warrant that you are not a person or entity appearing on the lists published by the U.S. Department of Commerce, the U.S. Department of State, the U.S. Department of Treasury or any other list that may be published by the U.S. Government, as amended from time to time, that is prohibited from acquiring access to or control of items under these Terms, or with which AccessBell is prohibited from doing business. You further represent that the Site and Services shall not be used for or in connection with nuclear, chemical or biological weapons, weapons of mass destruction, missiles, unmanned aerial vehicles, and/or to support terrorist activities, each in a way that would violate any applicable law, or in any other way that would violate U.S. export controls or economic sanctions laws or regulations.
We may designate the Software or Services as “trial”, “evaluation”, or other similar designation (“Trial Version”). You may install and use the Trial Version only (a) during the period allowed by us, and (b) for the purposes identified by AccessBell.
Access and Use of the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services.
You are responsible for obtaining and maintaining and the proper use of any equipment and ancillary services such as, without limitation, video-enabled devices, video communication services, modems, hardware, servers, software, operating systems, networking, web servers, and internet and telephone service needed to connect to, access or otherwise use the Site and/or Services. You are also responsible for maintaining the security of such equipment, your account (including administrative usernames and passwords), and any ancillary services.
In some cases, you may wish to download, install and use software provided by AccessBell in order to access the Services (“Software”) and AccessBell provides you a non-exclusive, non-transferable, non-sublicensable, revocable license to do so provided you use the Software only in conjunction with the Services. You acknowledge that access to the Services via the Software may require that you upgrade the Software as such upgrades become available and may require you to agree to additional terms regarding the Software.
You agree not to:
modify, translate, copy or create derivative works based on the Site or Services or any elements thereof,
create Internet “links” to or from the Site or the Services, or “frame” or “mirror” any content forming part of the Site or the Services,
reverse assemble, reverse compile, reverse engineer, decompile or otherwise attempt to discover the object code, source code, non-public APIs or underlying ideas or algorithms of the Site, Services or the Software, in whole or in part, except as and only to the extent this restriction is prohibited by law,
license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, or
remove or obscure any proprietary or other notice contained in the Site or the Services.
You understand that the technical processing and transmission of the Site and Services, including Your Content (as defined below), may be unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that AccessBell may preserve content and may also disclose content, including Your Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:
comply with legal process, applicable laws or government requests,
enforce these Terms,
respond to claims that any content violates the rights of third parties, or
protect the rights, property, or personal safety of AccessBell, its users and/or the public.
You agree that you are solely responsible for your interactions with any other user of the Site or Services and AccessBell has no liability or responsibility with respect thereto. Under no circumstances are we liable in any way for Your Content or any materials transmitted or displayed by you or other users of the Site or Services, including, but not limited to, for any errors or omissions in any such content or materials. We are also not liable for any loss or damage of any kind incurred as a result of the use of any content or materials transmitted or displayed by you or other users of the Site or Services. You agree that you must evaluate, and bear all risks associated with, the viewing or use of any content or materials transmitted or displayed, including any reliance on the accuracy, completeness, or usefulness of such content.
You may display files, recordings, sound, music, graphics and images in connection with your use of the Site and/or Services (“Your Content”). You represent and warrant that you own or have the necessary permissions to use and authorize the use of Your Content. You further represent and warrant that Your Content does not and will not violate any third party rights or applicable law, rule, or regulation. You grant AccessBell and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to host, cache, copy, store and display Your Content for the purpose of and in conjunction with your use of the Site and/or Services. AccessBell does not claim any ownership rights to Your Content. You acknowledge and agree that AccessBell is not responsible in any manner for Your Content, that you are solely responsible to retain adequate back-ups of Your Content, that you assume all risk associated with Your Content and the transmission of Your Content, and that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. We reserve the right to enhance, upgrade, improve, or modify features of our Services as we deem appropriate and in our discretion. We may offer additional functionality to our standard Services or premium feature improvements for an additional cost
Certain Services provide functionality that allows you to record audio and data shared during sessions. You are solely responsible for complying with all applicable laws in the relevant jurisdictions while using recording functionality. We disclaim all liability for your recording of audio or shared data, and you agree to hold us harmless from damages or liabilities related to the recording of any audio or data.
We are also not associated with video conferencing services including Zoom, Google Hangouts, Cisco WebEx, and Microsoft Teams and you agree to hold us harmless from damages or liabilities related to any functionality or issues that occur from these video conferencing systems.
The AccessBell Inc. name, trademarks, service marks, logos, trade names, and proprietary words or symbols (collectively the “AccessBell Marks”) are the intellectual property of AccessBell. Nothing in these Terms, on the Site, or on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any AccessBell Marks without our prior written permission in each instance. All goodwill generated from the use of AccessBell Marks will insure our exclusive benefit.
All information, content, data, text, graphics, images, videos, documents, Software and other materials made available through your use of the Site or the Services (excluding Your Content) (collectively, “AccessBell Content”) is owned, licensed, or otherwise controlled by AccessBell. AccessBell Content is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. AccessBell retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Site, the Services, the AccessBell Content (as applicable), any related and underlying technology, and any derivative works or modifications of any of the foregoing.
Subject to your compliance with these Terms, solely for so long as you are permitted to access and use the Site and Services, and provided that you keep intact all copyright and other proprietary notices, you may:
view any AccessBell Content on any single computer solely for personal, informational, non-commercial purposes, and
download and print the AccessBell Content that we specifically make available for downloading (such as white papers or user documentation) solely for personal, informational, non-commercial purposes, provided that such AccessBell Content may not be modified or altered in any way.
Unless otherwise specifically permitted for any particular AccessBell Content, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based on, the Site, the Services, or any AccessBell Content, in whole or in part, without our express prior written authorization.
You acknowledge and agree that you acquire no ownership or other interest (other than the license rights expressly stated herein) in or to the Site, Services or the AccessBell Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Site, the Services, or AccessBell Content (“Feedback”) provided by you to us is non-confidential and does not impose any confidentiality obligations on us. You agree that we are free to use, disclose, reproduce, license or otherwise distribute and exploit any Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
We respect the intellectual property of others and we ask that you do the same. It is our policy, in appropriate circumstances and in our discretion, to disable and/or terminate access to the Site by those who may infringe or repeatedly infringe the copyrights or other intellectual property rights of AccessBell and/or others.
If you are a copyright owner or an agent thereof and believe any content on the Site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to our designated agent below containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where of the material that you claim is infringing is located on the Site, (d) your address, telephone number, and email address, (e) a written statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Designated Copyright Agent to receive notifications of claimed infringement is: AccessBell Inc., Copyright Team, 548 Market Street, PMB 22721, San Francisco, California 94104, United States, support@AccessBell.com. Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
Third Party Websites & Third Party Products
The Site and/or Services may contain links, add-ons, applications, widgets or other access points that will take you and your information to other websites and resources that are not operated or controlled by AccessBell (“Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. Your access to and use of such Third Party Sites is solely at your own risk and is subject to the terms and conditions of use and privacy policies applicable to such Third Party Sites. When you interact with a Third Party Site, it is your responsibility to understand all applicable terms, conditions, and policies applicable to such Third Party Sites.
In addition, if third party services, applications, code, hardware or products (“Third Party Products”) are integrated or used in connection with the Services, you agree that (a) AccessBell makes no representations and disclaims all warranties, express or implied, regarding Third Party Products, (b) AccessBell is not responsible and shall have no liability for Third Party Products or the unavailability of Third Party Products, (c) if Third Party Products are provided under a separate license or other agreement, such terms shall govern with respect to such Third Party Products, (d) you are solely responsible and liable for its use of Third Party Products, (e) you authorize AccessBell to share User Data (defined above) with providers of the Third Party Products as required for the operation of the Third Party Products, provided however, that AccessBell is not responsible for any transmission, collection, disclosure, security, modification, use or deletion of User Data by or through Third Party Products or their providers, and (f) AccessBell has no obligation to support any integration(s) of Third Party Products with the Services and may cease any integrations of Third Party Products at any time, in AccessBell’s sole discretion.
Responsibility for Third Party Claims
You agree to defend any claim, demand, suit or proceeding (including, without limitation, any proceeding, investigation or claim by a governmental, administrative, or other regulatory agency or entity) made or brought against AccessBell or its affiliates and their officers, employees, directors and agents arising from or in connection with (a) Your Content, (b) your use of the Site or Services, (c) your violation of these Terms, (d) your violation of any applicable law, and (e) any violation of an intellectual property right. You also agree to indemnify AccessBell for any damages finally awarded against, and for reasonable expenses, such as attorney’s, incurred by, AccessBell in connection with any such claim, demand, suit or proceeding. In the event of such claim, demand, suit or proceeding, we will give you written notice of the claim, demand, suit or proceeding and provide you with reasonable assistance at your expense.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND ANY ACCESSBELL CONTENT ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ACCESSBELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT ACCESSBELL DOES NOT WARRANT THAT:
THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
THE SITE OR THE SERVICES ARE NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE, OR
THE FEATURES OR FUNCTIONALITIES OF THE SITE OR THE SERVICES WILL BE AVAILABLE AT ANY TIME IN THE FUTURE.
YOU ARE responsible and AccessBell shall have no responsibility for determining that YOUR proposed use of the SITE AND/OR THE SERVICES complies with applicable laws WHERE YOU ARE USING THE SITE OR THE SERVICES OR in YOUR jurisdiction(s).
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACCESSBELL SHALL NOT BE LIABLE FOR:
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
DAMAGES BASED ON LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR BREACHES IN SYSTEM SECURITY, OR
ANY DAMAGES THAT EXCEED ONE HUNDRED DOLLARS ($100);
IN EACH CASE WITH RESPECT TO ANY CAUSE RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE OR THE SERVICES, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT ACCESSBELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE SERVICES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.
Governing Law and Arbitration
These Terms and your use of the Site or the Services shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules in any jurisdiction.
Any suit, action, proceeding or dispute arising out of or in connection with these Terms or your use of the Site or the Services that are not resolved by mutual agreement shall be finally resolved by binding arbitration before a single arbitrator pursuant to the rules and under the auspices of the American Arbitration Association. The arbitrator shall be knowledgeable in the chosen law and the software-as-a-service industry. At either party’s request, the arbitrator shall give a written opinion stating the factual basis and legal reasoning for his or her decision. The arbitrator shall have the authority to determine issues eligible for arbitration and to award damages consistent with those permissible herein, but will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive, exemplary, or any other damages that are specifically excluded under these Terms. The arbitrator may, in their discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. The parties, their representatives, and any other participants shall hold the existence, content, and result of arbitration in confidence. The arbitration proceedings shall be conducted in the English language and take place in San Francisco, California and each party irrevocably submits to such exclusive jurisdiction and waives any objection based on improper venue or forum non upgrade its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). Also, the provisions of this arbitration section are enforceable by any court of competent jurisdiction.
No Class Actions
You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates.
You agree that AccessBell, in its sole discretion, may suspend or terminate your account (or any part thereof) or your use of the Site (including blocking users from message boards, forums, and other AccessBell Social Media) and/or the Service and block or remove and discard any content within the Site or Service, for any reason, including, without limitation, or if AccessBell believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your use of the Site and/or Service and may be referred to appropriate law enforcement authorities. AccessBell may also in its sole discretion and at any time discontinue providing the Site, the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site and the Service under any provision of these Terms may be affected without prior notice, and acknowledge and agree that AccessBell may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site or the Service. Further, you agree that AccessBell will not be liable to you or any third party for any termination of your access to the Site or the Service.
Notices to be given or submitted pursuant to these Terms shall be in writing and directed to the address or email on file or otherwise provided to the other party in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt), (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested) or by certified or registered mail, return receipt requested, postage prepaid or (c) if it is delivered by email. The parties acknowledge that they are acting as independent contractors who are solely responsible for their own actions or inactions and that no joint venture, franchise, partnership, agency, or other relationship shall be created or implied by these Terms. If any court of competent jurisdiction adjudges any provision of these Terms to be to be illegal, unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable, but shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. You acknowledge and agree that there may be no adequate remedy at law for any material breach of these Terms, which breach may result in irreparable harm to AccessBell, and therefore, upon any such breach or any threat thereof, AccessBell is entitled to seek temporary, preliminary and permanent injunctive relief against you (and, if applicable, your officers or employees) without the requirement of posting a bond or proving actual damages, in addition to whatever remedies AccessBell might have at law. These Terms constitute the sole and entire agreement between the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Except for our right to make changes to these Terms as expressly stated above, these Terms may only be amended, modified or supplemented by an agreement in writing by non-preprinted agreements clearly understood by both parties to be an amendment and signed by each party hereto. No waiver by AccessBell of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by AccessBell. In addition, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The English language version of these terms will be the version used when interpreting or construing these terms.
548 Market Street
San Francisco, California 94104
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms or with any questions.
Updated as of August 2, 2020
Acceptable Use Policy
This Acceptable Use Policy (the “AUP”) is incorporated by reference into the AccessBell Inc. Terms of Service. Capitalized terms not defined herein have the meanings set forth in the Terms of Service. The following terms and conditions supplement the Access Bell Inc. Terms of Service and are not exhaustive. Please be respectful of others when you use the Service.
When you use the Services, you will not:
Post, stream or otherwise transmit content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; or (iv) infringes any intellectual property or other proprietary rights of any party;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Exploit or solicit personal information from anyone under the age of 18;
Violate any applicable local, state, national or international law, or any regulations having the force of law;
Interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Obtain or otherwise attempt to access any materials or information through any means not intentionally made available or provided for through the Service.
If you become aware of any actual or potential violations of the foregoing, please contact us at firstname.lastname@example.org. Without limiting any other remedies AccessBell Inc. may have, we reserve the right to investigate and take appropriate legal action against anyone who, in our discretion, violates this AUP, including without limitation, removing the offending content from the Service or suspending or terminating the account of such violators.