Uncall Terms of Service

The Uncall service ("Uncall" or "the Service") is operated by Uncall Communications LLC, a Missouri Limited Liability Company ("we" or "the Company"). By accessing or using our web site at www.uncall.com (the "Site"), you (the "User" or "you") signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"), whether or not you are a registered user of Uncall.

THESE TERMS APPLY TO YOU WHETHER OR NOT YOU CLICK "I AGREE" THROUGH ANY REGISTRATION OR ACCESS PROCESS AT UNCALL.COM AND WHETHER OR NOT YOU ARE THE REGISTERED USER UNDER AN UNCALL SERVICE ACCOUNT OR A USER THEREOF. IF YOU DO NOT AGREE, PLEASE DO NOT ATTEMPT TO USE OR ACCESS THE SERVICE OR THE UNCALL WEBSITE.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes. You can review the most current version of the Terms of Service at any time at: http://www.uncall.com/TermsOfService.aspx

Account Terms and Requirements

1. You must be at least eighteen years old to use the service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your full legal name, a valid email address, a working telephone number that you have authority to use, and any other information required by Uncall during the registration process. You will update this information to maintain its accuracy during the term of this Service.
4. We may distribute notices and other important information to users to the e-mail addresses of record, or by publication on the Uncall Website, or by transmission through the Service using the telephone number of record.
5. You are responsible for maintaining the security of your account and password and any authentication keys. Uncall cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Actions taken and traffic originating from your account using your credentials shall be deemed to be actions taken by you, with all consequences including service termination, civil and criminal penalties.
6. You are also responsible for all content that you may post on the Uncall Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account).
7. Personally identifiable information submitted by you shall be subject to Uncall’s Privacy Policy.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), violate privacy, facilitate crimes, or violate intellectual property laws.
9. Uncall is not responsible for any telephone or internet connection charges, surcharges, taxes, or other amounts incurred in using the Service, for which you accept all responsibility.
10. You hereby represent, warrant, and covenant that you have the express authority to use the telephone number provided for use as Caller Id and you hereby indemnify Uncall from any loss, damage, claim or expense (including reasonable attorney's fees and expenses) arising out of or related to your failure to actually acquire such authority or dispute or denial of any such authority.
11. So long as your account remains in good standing, data generated by your use of the Service such as audio recordings and call log entries will remain available via our Website for at least six months from the date such data was generated. However we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with respect to loss of data associated with your account and data therein.
12. We reserve the right to refuse Service to any person for any reason, at our discretion.

Voice Broadcasts/Recordings

You agree and consent that Uncall may record oral or voice communications, utterances, conversations or commands, made by you during the use of the Service. By using the Service, you expressly consent and grant to Uncall the right to record and use these recordings. If you do not authorize Uncall to make or use these recordings, you may not use the Service. Uncall reserves the right to review these messages at any time and for any reason, particularly if we have reason to believe that messages are in violation of the Uncall Agreement.

Uncall is under no obligation to monitor any recordings for accuracy, completeness, or quality. User understands that recordings may or may not resemble that which User intends to record and that Uncall is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the Uncall Service.

Contact Lists

Before sending a voice message, you will need to provide Uncall with a list of phone numbers and other optional information for the people you would like to call. This information will not be shared with any third parties, pursuant to this privacy policy and the Uncall Agreement.

Do not call list & opt-ins

Uncall is in no way affiliated with the Do Not Call Registry. It is the sole responsibility of the account holder to ensure all phone numbers comply with the Do Not Call Registry. Uncall requires all recipients of Voice, SMS and Email messages to have opted in to receive them. By accepting these terms you agree to ensure that all contact information such as phone number or email address has been authorized to be contacted by any user of the Uncall account.

At the end of your broadcast messages, Uncall may give call recipients the option to remove their phone number from your calling list.

Not for Use in any Emergency Situations

While the Service is designed to promptly broadcast voice messages to a large group of recipients, it is intended for general business, organizational, and personal use and may not have the capacity to deliver messages of an emergency nature on an immediate basis. Accordingly we strongly recommend that alternative methods, specifically intended for mission critical or emergency services usage, be used, rather than the Service, to deliver emergency messages of any urgent, public safety or similar nature. You agree that Uncall has no liability to you arising out of or related to any such use and indemnify Uncall for any claim or liability, and all resulting costs, damages, and expenses (including reasonable attorney's fees and expenses) arising out of your use of the Service for such purposes.

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying account fees. Free trial accounts which provide a limited access to the Service may also require you to provide a credit card number, however your card will not be charged if the Service is cancelled prior to the expiration of the free trial period. Uncall bills you in advance on a monthly basis in accordance with the pricing schedule shown during registration. All payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Uncall does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Admin tab. The Admin screen provides a simple cancellation link.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
3. Uncall, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Uncall service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Uncall reserves the right to refuse service to anyone for any reason at any time.

No Credit Card Security in Uncall Messages

YOU UNDERSTAND AND AGREE THAT UNCALL MESSAGES DO NOT COMPLY WITH ANY LEVEL OF CREDIT CARD SECURITY OR PCI (PAYMENT CARD INDUSTRY) STANDARDS AND MAY NOT OTHERWISE BE ENCRYPTED OR HACKER-PROOF. WE STRONGLY DISCOURAGE USING UNCALL MESSAGES TO COLLECT CREDIT CARD OR OTHER PERSONAL OR FINANCIAL INFORMATION. UNCALL EXPRESSLY DISCLAIMS ANY, AND YOU AGREE WE HAVE NO, LIABILITY FOR ANY CLAIMS OR DAMAGES RESULTING FROM FAILURE TO COMPLY WITH ANY DATA SECURITY STANDARDS PERTAINING TO YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CREDIT CARD SECURITY/PCI COMPLIANCE STANDARDS. YOU HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS UNCALL FROM ANY SUCH CLAIMS OR RELATED CLAIMS, WHETHER BY YOU, A THIRD PARTY, A GOVERNMENTAL AUTHORITY, OR ANY PAYMENT CARD PROVIDERS.

Modifications to the Service and Prices

1. Uncall reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, in our sole discretion. You understand and agree that the Uncall Service is provided "AS-IS" and that Uncall assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information. You hereby waive all claims for damages for Service unavailability, scheduled or unscheduled, and indemnify Uncall for any similar claims made by any other users on your Account.
2. Prices of all Services, including but not limited to monthly or annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Uncall Site.
3. Uncall shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

No responsibility for content

As part of the Uncall Service, Uncall may offer User access to communications, media and commerce services. Uncall does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the Uncall Service. You acknowledge that the Uncall Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that Uncall has no obligation to screen, preview, or monitor such Content. By using the Uncall Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the Uncall Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will Uncall be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the Uncall Service.

Use Of Uncall Content and Software

All information and materials published, transmitted, or otherwise available on the Uncall Website or through the Service (including, but not limited to, terms of service, use policies, service documentation, user help, informational resources, images, equipment configurations, interactive voice response, menus, audio clips, and video clips, collectively, "Content") are protected by copyright or trademarked (as applicable), and owned or controlled by Uncall, its licensors, or affiliated companies. You shall abide by all copyright and trademark notices, limitations, and restrictions applicable to any Content or to the Service. Without limiting the foregoing, no Content may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the Service in accordance with its intended use, nor may derivative works be created from it or distributed in any way.

The software, hardware, and other technologies which Uncall uses to deliver the Service (the "Uncall Technologies") contain confidential and proprietary information, trade secrets, and other property rights belonging to Uncall and its licensors, and all rights to the Uncall Technologies and all property rights related to the Service, including without limitation all patents (registered or unregistered), trade secrets (including diagrams, drawings, processes, methods, information, data, computer software, and formulas), copyrights (whether registered or unregistered), domain names and subdomains, end-user and consumer information, work product resulting from custom implementation services, and contract rights, including all derivative works thereof (whether produced by Uncall, you, or otherwise), shall remain exclusively with Uncall and its applicable licensors. Your rights to the Uncall Technologies are limited to a non-exclusive and non-transferable runtime right solely during the term of the applicable Account subscription and solely for the purpose of using the Service. This Agreement confers only the right to use the Uncall Technologies, while this Agreement is in effect and it does not convey any rights of ownership in or to the Uncall Technologies. All Service is hosted by Uncall, and our affilliates and partners, and no software code (other than APIs if Uncall agrees to provide the same in its sole discretion) will be provided to you.

Uncall, the Uncall logo and other Uncall logos, product and service names may be trademarks, service marks or other intellectual property of Uncall (the " Uncall Marks"). You agree not to display or use the Uncall Marks in any manner without the prior, express written permission of Uncall.

You may not modify, create derivative works or, redistribute, sell, decompile, reverse engineer, or disassemble the Uncall Technologies or otherwise attempt to deduce the source code, design, or data transmission characteristics of the Uncall Technologies.

Compliance with federal and state regulations

User agrees to comply with the rules and regulations with specific regard to 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 User’s use of the Uncall Service. User agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of the Uncall Service will not cause Uncall to violate these or similar laws.

User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the Uncall Service will not cause Uncall to violate these or other similar laws.

User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which Uncall Services will be applicable. User understands and agrees that Uncall will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Uncall Service.

Disclaimer of Warranties

IF YOU USE THE UNCALL SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE UNCALL SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF ANY DATA WHICH YOU MAY REQUIRE BE STORED IN RESPECT OF THE SERVICE.

UNCALL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. UNCALL AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS BORNE BY YOU. UNCALL DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE UNCALL SITE WILL BE CORRECTED, (VI) ANY INFORMATION YOU PROVIDE OR UNCALL COLLECTS WILL NOT BE DISCLOSED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE UNCALL SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE. UNCALL AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. UNCALL AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE UNCALL SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE UNCALL SITE.

IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE Uncall SERVICE, 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.

NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM UNCALL OR THROUGH OR FROM THE UNCALL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL UNCALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF THE ACCOUNT OR THE SERVICE BY ANY PARTY OR YOUR INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR THE UNCALL WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF UNCALL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, UNCALL IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), UNCALL'S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT PAID BY YOU (OR THE APPLICABLE MEMBER AND LIMITED TO A SINGLE-USER ACCOUNT) FOR THE SERVICE SUBSCRIPTION IN THE LAST THREE (3) MOST RECENTLY PAID MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Uncall, and its subsidiaries, parents, affiliates, managers, shareholders, officers, directors, agents, resellers, sales affiliates, licensees or other partners, and employees, from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with your use of the Service, any other user's use of your Account, or your or their conduct while using the Service, your violation of this Agreement, or your violation of any rights of another, including without limitation any violation of applicable law or any tort committed while using the Service.

Governing law and arbitration

The User Agreement and the relationship between you and Uncall shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. 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 Uncall Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with Uncall exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of St. Louis, Missouri. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.

Entire agreement

The User Agreement governs your use of the Uncall Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and Uncall. They supersede any prior agreements between you and Uncall. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights Uncall possesses with respect to this User Agreement. The failure of Uncall to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

Prohibited Uses

Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the User agrees not to: i. Use the Service in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise). Uncall requires all recipients of Voice, SMS and Email messages to have opted in to receive them ; ii. Harvest or otherwise collect information about others, including email addresses and phone numbers, without their consent; iii. Create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; iv. Transmit through the Service, associate with the Service or publishing with the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; v. Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; vi. Libel, defame or slander any person, or infringe upon any person's privacy rights; vii. Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; viii. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; ix. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; x. Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or xi. Engage in any other activity that Uncall believes could subject it to criminal liability or civil penalty or judgment.

General Provisions

1. Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
2. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. You must not transmit any worms or viruses or any code of a destructive nature.
5. Questions about the Terms of Service should be sent to support at uncall dot com.
6. The Uncall website is hosted, controlled and operated from the US and therefore the US law is enforced by the US courts, subject to the arbitration provisions elsewhere in this document, governs the use or inability to use the Uncall website, its content, services, products and these terms and conditions. Thus this Agreement shall be governed by and construed and interpreted in accordance with the law of the US.
7. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the User does not have any authority of any kind to bind Uncall in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
8. Your right to use the Service and access the Account is not transferable, sublicenseable, and may not be sold, rented, or timeshared, unless expressly permitted in another agreement with Uncall. Uncall may assign this Agreement, in whole or in part, at any time with or without notice to you.
9. Uncall shall not be deemed in breach of this Agreement, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or other acts of God.
10. For notices made by you to Uncall under this Agreement and for questions regarding this Agreement or the Services, You may contact Uncall as follows: by US Postal Mail at Uncall Communications LLC, 1351 Jefferson Street, Washington, Missouri or by contacting us via email at support at uncall dot com.