Terms of Use

This is an agreement ("Agreement") between Free Conference USA ("we", "us" or "Free Conference USA") and you, an end user ("you", "user" or "subscriber") of Free Conference USA's audio conferencing service (the "Service") as described herein. By establishing, activating, or using the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms, and to the conditions provided to you in association with your enrollment, including marketing materials and the Free Conference USA website, which are incorporated herein by reference. This Agreement governs the Service and any website or software used in conjunction with the Service.

Service Description and Term of Service

The Service.  Free Conference USA provides "meet-me", reservationless audio conferencing services, allowing callers from multiple locations to access the conference platform by dialing a designated phone number. We provide free use of the conferencing platform for registered users. All callers are individually responsible for paying any long distance toll charges that may be assessed by their provider when dialing our access numbers. We may alter, expand, or reduce the features of the Service from time to time without notice. You acknowledge that not all Services can be guaranteed to perform acceptably from all locations, including, but not limited to via mobile telephones, pay phones or satellite phones due to various in-country, carrier or other restrictions.

Termination for Cause.  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. Notwithstanding the foregoing, Free Conference USA may terminate this Agreement and/or suspend the provision of the Service immediately for: illegal, fraudulent, excessive or improper use of the Service or if deemed reasonably necessary by Free Conference USA to prevent interruption or disruption to the Free Conference USA system, its business or other customers; if any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid when due; or for breach, not subject to cure. Free Conference USA shall not be liable to you or any third party should we exercise our right to discontinue Service, in whole or in part, or terminate this Agreement pursuant to this section.

Use of Service

Responsibility for Account Information.  In connection with your use of the Service, you will be asked to specify a Host PIN (personal identification number) in connection with your use of the Service and website. You are entirely responsible for maintaining confidentiality of your Host PIN and account information, including conference bridge numbers and all identification and security codes that control access to the Service and website. You are responsible for all uses of the Service in association with your account, whether or not authorized by you.

Responsibility for Communications and Content.  You are the sole owner of content and solely responsible for the content of all communications using your account. You must comply with all laws while using the Service; you must not transmit any communication that violates any law, court order or regulation; you must not violate any third party rights in using the Service; and you must not use the Service in any way that damages, interferes with, or disrupts Free Conference USA's system or other users. We may suspend any such communications. Use of conference recording may subject you to laws or regulations, and it is your sole responsibility to provide any required notification of recording to participants. You understand and agree that your use of the Service and any content is solely at your own risk.

Resale and Transfer.  You are expressly prohibited from reselling or transferring the Service and/or software to any other person for any purpose, without express written permission from Free Conference USA in advance.

Unlawful and Prohibited Use.  You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in Free Conference USA's sole judgment the transmission, receipt, or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability, or otherwise violate any applicable laws. You are expressly prohibited from using the Service for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services. Free Conference USA, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to Free Conference USA personnel. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless Free Conference USA against any and all liability for any such use. If Free Conference USA, in its sole discretion, believes that you have violated the aforementioned restrictions, Free Conference USA may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

Unauthorized Commercial Use.  The Service for internal business purposes only, or for the direct benefit of you, your company or affiliated organization. You agree that will not make the Service available to unaffiliated persons, whether or not you generate income from this practice. If Free Conference USA, in its sole discretion, believes that your account is being used by unauthorized persons, your account may be immediately suspended or cancelled without prior notice to you.

Copyright, Trademark, and Unauthorized Use.  The Service and any software used to provide the Service or provided to you in conjunction with providing the Service, and all Services, information, documents, and materials on Free Conference USA's website are protected by copyright, trademark, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of Free Conference USA are and shall remain the exclusive property of Free Conference USA and nothing in this Agreement shall grant you the right or license to use such Marks.

Audit and Law Enforcement.  Free Conference USA reserves the right to audit your use of the Service to enforce the provisions of this Agreement. Free Conference USA reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.

Service Cancellation

Free Conference USA reserves the right to terminate your account, without prior notice, due to lack of activity during a consecutive 120-day period. In this event, your assigned conference identification number will be de-activated and available for re-assignment to another user upon request. Should you desire to use the Service after your account has been terminated, you may register for a new account and request the same conference identification number, which will be assigned to you if it has not been previously assigned to another user. Should you desire to terminate your Service, you do not need to notify us; your inactive account will be automatically terminated after a designated period of non-use.

Indemnification

You agree to defend, indemnify, and hold Free Conference USA, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service or this Agreement, including, but not limited to: (1) your use of the Service (including without limitation, any person accessing the Service using your account; (2) any actual or alleged violation of this Agreement or any applicable law, rule or regulation by you or any person accessing the Service using your account; or (3) any actual or alleged infringement or violation by you or any person accessing the Service using your account of any intellectual property, privacy right, or other right of any person or entity.

You agree that Free Conference USA should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence.

Limitations of Liability

BY ENROLLING IN, ACTIVATING, OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF FREE CONFERENCE USA SERVICE DESCRIBED HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF FREE CONFERENCE USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU AGREE THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, NOT TO EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREE CONFERENCE USA, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER FREE CONFERENCE USA NOR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. NEITHER FREE CONFERENCE USA NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, FREE CONFERENCE USA EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

Miscellaneous

General Provisions.  This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by Free Conference USA to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements, or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Free Conference USA is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law.  This Agreement, and all other aspects of the use of the Service and the Free Conference USA website, shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. You agree to submit to the exclusive jurisdiction of the state or federal courts located in or with responsibility for Montgomery County, Maryland to resolve any disputes arising hereunder. 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.

Events Beyond Our Control.  Free Conference USA will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.

Assignment.  We 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.

Privacy.  Free Conference USA Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Free Conference USA is not liable for any lack of privacy which may be experienced with regard to the Service. By using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service. For more information, please refer to our full Privacy Policy on the Free Conference USA website (http://www.FreeConferenceUSA.com/privacy.html).

Survival.  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.

Non-Waiver.  Failure by Free Conference USA to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of Free Conference USA to insist upon strict performance hereof or any of its rights and remedies.

Changes to this Agreement.  Free Conference USA may change this Agreement from time to time. Any changes will be posted at the Terms of Use section of the Free Conference USA website (http://www.FreeConferenceUSA.com/terms.html). Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the Free Conference USA website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written terms of service.

Last revised March 22, 2010