Welcome to www.clienttether.com (the “Site”). ClientTether LLC provides a service connecting our customers with leads generated through our customer’s own online marketing efforts (the “Service”). These Terms of Service (the “Terms”) govern your use of this Site and the Service provided by ClientTether LLC. ClientTether LLC may change the Terms of Service from time to time. Your access to the Site and use of the Service in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use the Site or the Service. ClientTether LLC reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. Please review the Terms periodically. Your continued use of the Site or the Service it supports, after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the Site or its subdomains may be subject to your acceptance of separate agreements with ClientTether LLC and/or third parties.
License and Site Access
ClientTether LLC grants you a limited license to access and make personal and business use of the Site. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of ClientTether LLC. The license to use the Site does not include any resale or commercial use of the Site or its contents; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, you warrant to ClientTether LLC that you will not use the Site, any of the content obtained from the Site, or the Service for any purpose that is unlawful or prohibited by these Terms. ClientTether LLC does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website. If you violate any of these Terms, your permission to use the Site and the Service automatically terminates.
In consideration of your use of the Site and the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, ClientTether LLC has the right to terminate your account and refuse any and all current or future use of the Site and the Service. You agree not to resell or transfer the Site, use of or access to the Site, or the use of the Service.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
You are responsible for providing, at your expense, any access to the Internet, telephone, and any required equipment.
ClientTether LLC’s products, services, Web content and related materials (collectively, “Offerings”) are owned by ClientTether LLC and/or its licensors, and all rights in such Offerings are reserved by ClientTether LLC and/or its licensors. For information regarding permission to use screen displays and other content, please contact ClientTether LLC.
By using the Site or the Service you agree that you will not do any of the following:
1. Restrict or inhibit any other user from using and enjoying the Site or the Service; or
2. Post, transmit, or communicate any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
3. Post, transmit, or communicate any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise impliedly permitted by the use of the Service) or engage in spamming or flooding; or
4. Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
5. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
6. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
ClientTether LLC has no obligation to monitor the Site and the Service. However, you acknowledge and agree that ClientTether LLC has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. You also acknowledge that ClientTether may record communications made through the Service for your use. You hereby grant and instruct ClientTether LLC to record all calls made through the Service. ClientTether LLC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
CLIENTTETHER LLC MAY BE RECORDING TELEPHONE CONVERSATIONS. DIFFERENT GOVERNING BODIES HAVE DIFFERENT LAWS PERTAINING TO THE RECORDING OF TELEPHONE CALLS. YOU HAVE GRANTED THE RIGHT TO AND INSTRUCTED CLIENTTETHER LLC TO RECORD ALL TELEPHONE CALLS MADE THROUGH THE SYSTEM. CLIENTTETHER LLC HAS NO METHOD OF DETERMINING WHERE THE CALLER AND RECEIVER ARE LOCATED. YOU ARE THEREFORE RESPONSIBLE TO PROVIDE THE FOLLOWING DISCLOSURE, OR AN APPROPRIATE SUBSTITUTE, AT THE BEGINNING OF EACH CALL: “THIS CALL MAY BE RECORDED FOR QUALITY AND TRAINING PURPOSES.” YOU ALSO AGREE TO DISCLOSE AND OBTAIN CONSENT FOR THE CALL RECORDINGS FROM ANY EMPLOYEE, AGENT, OR OTHER PERSON AT YOUR HOME OR PLACE OF BUSINESS WHO WILL BE USING THIS SERVICE. Federal Law and a majority of state wiretapping statutes permit recording if at least one party to the phone call consents. Other states require that all parties consent. Failure to properly provide these disclosures and obtain the consent may subject you to civil and criminal penalties.
ClientTether LLC may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services (“Feedback”). You agree that ClientTether LLC may, in its sole discretion, use the Feedback you provide to ClientTether LLC in any way, including in future modifications of the Service or the Site, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant ClientTether LLC a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Disclaimer of Warranties
Your use of the Service and the Site, including any applets, software, and content contained therein, is entirely at your own risk. THE SITE AND THE SERVICE ARE PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENTTETHER LLC, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. CLIENTTETHER LLC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. CLIENTTETHER LLC CANNOT AND DOES NOT WARRANT THAT ALL SERVICES WILL BE DELIVERED AT ALL TIMES WITH NO FLAWS. CLIENTTETHER LLC DOES NOT WARRANT THAT SERVICE AND THE SITE ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICE AND THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE SITE AND THE SERVICE. CLIENTTETHER LLC IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability
THE ENTIRE CUMULATIVE LIABILITY OF CLIENTTETHER LLC AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES PURCHASED FROM CLIENTTETHER LLC, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENTTETHER LLC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, FAILURE TO DISCLOSE OR OBTAIN CONSENT FOR RECORDED CALLS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CLIENTTETHER LLC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLIENTTETHER LLC AND YOU. CLIENTTETHER LLC WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Termination and Amendment
Your privilege to use the Service or access the Site may be terminated by ClientTether LLC immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing the Site and using the Service and agree not to re-register or otherwise make use of either the Service or the Site. Furthermore, you acknowledge that ClientTether LLC reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site and terminate your use of the Service. You understand that ClientTether LLC may exercise this right in its sole discretion.
ClientTether LLC reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof) and the Service. ClientTether LLC shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
You agree to defend, indemnify and hold ClientTether LLC and its Suppliers and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.
These Terms of Service set forth the entire liability of ClientTether LLC and its Suppliers and your exclusive remedy with respect to your access and use of the Site and the Service. In the event of a conflict between these Terms of Service and any other agreements with ClientTether LLC, these Terms of Service shall prevail. The Suppliers, agents, distributors, dealers, and employees of ClientTether LLC are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on ClientTether LLC. Any waiver of the terms herein by ClientTether LLC must be in a writing signed by an authorized officer of ClientTether LLC and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms will be governed by Utah law as applied to agreements entered into and to be performed entirely within Utah, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Utah County, Utah or federal court for the District of Utah. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that ClientTether LLC may have under trade secret, copyright, patent or other laws.
You agree 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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.