Verbatim Replay™ — Terms of Use
Acceptance of Service Agreement
Telserv Technologies (hereinafter referred to as “Telserv”) is a Delaware Limited Liability Company providing communication services including broadcast notification services and voice recording archival services and any new features, enhancements or updates to such services (“Telserv Services”). Please carefully read this agreement in its entirety before registering. By using or registering for any of Telserv Services, you agree to be bound by the terms and conditions of this agreement.
Usage Agreement
Subscriber (Institution or Individual) understands and agrees that Telserv Technologies’ “VerbatimREPLAY” Service, and any other current or future service available through Telserv, is to be used for the intended purpose of recording calls between Subscriber and individuals with whom the Subscriber has a business or personal relationship. Subscriber agrees to comply with the rules and regulations of the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations along with any other similar laws that may be applicable to Subscriber’s use of the Telserv Services. Subscriber also agrees that the Telserv Services will not be used for any purpose that is abusive, unlawful, harassing, libelous, defamatory, obscene or threatening in any way, and the Subscriber will conform to the Terms of Use contained in this Agreement.
Registration Information
As a condition of use, the Subscriber agrees to provide Telserv with current, complete, accurate information when registering for services and to update and maintain such information in a timely and consistent manner when necessary. Telserv has the right to terminate a Subscriber’s use of any and all Telserv Services and to refuse future use of Telserv Services if the Subscriber does not comply with this requirement.
Security and Passwords
When registered, Subscribers are assigned an access number and password. It is the responsibility of the Subscriber to maintain the confidentiality of all access numbers and passwords and Subscriber is responsible for any and all unauthorized activity that takes place using the access number and password. Subscriber will immediately notify Telserv of any suspected security breach or loss, theft or unauthorized use of access numbers or passwords and/or account numbers. Telserv can be reached by mail at 10670 Gateway Blvd., St. Louis, MO 63132 or by telephone at 314–995–8537. Telserv will not be liable for any loss that Subscriber may incur as a result of someone else using Subscriber’s password or access number, either with or without Subscriber’s knowledge but Subscriber could be held liable for losses incurred by Telserv due to someone else using Subscriber’s access number or password.
Modification of Terms
Telserv reserves the right to modify and restate the terms and conditions of this Terms of Use Agreement without notice to you. Any new features or services will be subject to these Terms of Use. The most current version of the Terms of Use Agreement may be accessed by clicking on the Policies link of the “VerbatimREPLAY™” website.
Conduct While Using Services
Subscribers must not misrepresent themselves, their organization or their affiliation with any person or entity. No Subscriber or user shall impersonate any other person or entity, or misrepresent user’s affiliation with any person or entity. Subscribers and users must not express or imply that any opinions or information contained in any communications are endorsed or have been validated by Telserv. Subscribers and users may not use anyone else's access number or password at any time, without the permission of the registered Subscriber of such access number and/or password. Subscribers and users may not use the Telserv Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or to disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Subscribers and users may not use the Telserv Services to transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity.
Responsibility for Content
The Subscriber and its users accept full responsibility for the accuracy, quality, integrity and appropriateness of any recording, communication or information, music, sound, data, text, or any other “content” transmitted publicly or privately using the Telserv Services. The Subscriber and its users acknowledge and agree that the Telserv Services are a conduit for the recording of information and that Telserv has no obligation to screen, preview, or monitor the content of its users’ recordings. Under no circumstances will Telserv be liable in any way for any errors or omissions, loss or damage of any kind incurred as a result of the use of any content sent, posted or otherwise transmitted via the Telserv Service. Telserv reserves the right to terminate Subscriber’s access to any or all of the Telserv Services at any time, without notice, for any reason whatsoever. Telserv reserves the right at all times to disclose any information as Telserv deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Service Providers
Telserv does not endorse and is not responsible or liable for any Content, data, advertising or products or services available or unavailable from, or through, providers of telecommunications or web services. Subscribers and their users agree that any dealings with or participation in promotions of service providers, any and all terms, conditions, representations or warranties associated with such dealings, are between you and such service providers exclusively and do not involve Telserv.
Service Fees and Charges
The basic account fees (“Service Fees”) shall be provided at the rate set out in the Telserv pricing agreement at the time of subscription, plus applicable taxes if any. Telserv may, from time to time, modify the Service Fees for renewal.
Service Fees shall be paid online through credit or debit cards, or by other means as may be arranged directly with Telserv or posted on the Telserv website and agreed to by both parties.
Telserv will assess a late payment fee of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due if an online payment is not successfully processed due to fraud or customer error. The total amount of the late payment, and the late charge, shall be due and payable immediately. Subscriber is responsible for any fees, including attorney and collection fees that Telserv may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the Subscriber.
Liability Disclaimer
You agree that:
A. If you use the Telserv Services, you do so at you own and sole risk. The Telserv Services are provided on an “as is” and “as available” basis. Telserv expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non–infringement.
Telserv may also provide messaging services to commercial, educational institutions and government emergency management agencies. In the event of a critical emergency, regular Telserv messaging services may temporarily be pre–empted.
B. Telserv does not warrant that: (1) the Telserv Services will meet your requirements; (2) the Telserv Services will be uninterrupted, timely, secure or error–free; (3) the results that may be obtained from the use of the Telserv Services will be accurate or reliable; (4) The quality of any products, services, information you provide or Telserv collects will not be disclosed; or (5) any errors in any data or software will be corrected. You are especially advised not to use or rely on the Telserv Services and information or any other program, information or service whatsoever related thereto for “content sensitive” or “mission critical” applications and shall mean applications and use that may result in damage.
C. If you access or record any content through the use of the Telserv Services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions.
D. No data, information or advice obtained by you in oral or written form from Telserv or through or from the Telserv service shall create any warranty not expressly stated herein.
Limitation of Liability
You expressly agree that Telserv shall not be liable for any direct, indirect, special, consequential or exemplary damages (even if Telserv has been advised of the possibility of such damages), resulting from: (1) the use or inability to use the Telserv Services; (2) the cost of any substitute goods and services purchased to replace any goods or services purchased or obtained from or transactions entered into through or from the Telserv Services; (3) disclosure of, unauthorized access to, or alteration of your information or messages; (4) statements or conduct of any service providers or other third party on the Telserv Services; or (5) any other matter relating to the Telserv Services.
Indemnification
Subscriber will indemnify, defend and hold harmless Telserv, its officers, directors, owners, employees, agents, other service providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by Subscriber of this Terms of Use Agreement or any other agreement related to the Telserv Services or any harm Subscriber may cause to anyone. Subscriber agrees that Telserv may, and Telserv reserves the right to, at Telserv’s own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber.
Choice of Law
This Agreement and Subscriber’s relationship with Telserv shall be governed by the laws of the State of Missouri without regard to conflict of law provisions that may require the laws of another state to be applied. Subscriber agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Telserv Services, whether or not arising out of this Terms of Use Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred. Subscriber agrees that the exclusive jurisdiction for all disputes arising under this Agreement or out of Subscriber’s use of the Telserv Services shall be the circuit court of St. Louis County, Missouri.
Confidentiality and Security
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you and the stored recordings. All personal contact information is stored in a secure database. Telserv does not sell or share any personal information regarding any subscriber, user or list member with any outside firms for any reason.
Legal*
