Welcome to KeepMyVoicemail! Please read the following terms and conditions carefully, as they state the agreement ("Agreement") between WebLife Media ("WebLife") and any individual and/or entity accessing the KeepMyVoicemail Web Site ("the Site") for any reason ("you") regarding your use of the Site and all products and services available through the Site or otherwise from WebLife. By using the Site, you are agreeing to be bound by this Agreement. WebLife may revise this Agreement at any time by updating it and posting the updated version on the Site. Please visit this page periodically to review any such updates, because they constitute our legally binding Agreement. If you do not accept this Agreement or any such updates, please do not use the Site or any of its products or services.
1. Ownership of Content. Unless otherwise specified, the entirety of the Site, and all content contained therein, including copyrighted materials belonging to WebLife available for downloading and purchase, site design, text, graphics, images, button icons, sound, video, interfaces, HTML and other computer code, and the selection and arrangement thereof (collectively, "Content"), is protected by copyright law and international treaties and is the property of WebLife or its suppliers. Unless otherwise specified, any unauthorized use of such Content, including unauthorized reproduction, modification, distribution, translation, transmittal, display, performance, publication, licensing, creation of derivative works, transfer, re-sale or other commercial exploitation, without the prior written permission of WebLife, is strictly prohibited and you agree to take reasonable steps to prevent same. You may download, display and print one copy of each page of the Site on any single computer solely for your personal, non-commercial use, provided that you do not modify such page or any of the Content it contains in any way and you keep intact all copyright, trademark and other proprietary notices.
2. Site Rules and Access; User Conduct. You agree to abide by all KeepMyVoicemail Site access security rules and procedures, systems, and mechanisms, and to make no attempt to disable or circumvent any such security rules and procedures, systems or mechanisms. Access to the Site and the ability to purchase products and/or services via the Site may be denied or limited by WebLife, or be unavailable, interrupted and/or discontinued from time to time due to system difficulties or otherwise, or at WebLife's discretion, and WebLife shall have no liability for such occurrences. Users experiencing access problems may contact the WebLife support desk at 1-630–332–8060. You agree to use the Site and any Content only for lawful purposes.You will not post or transmit on or through the Site any libelous, obscene, or otherwise unlawful information of any kind, and you will not engage in any conduct involving the Site that would constitute a criminal offense or give rise to civil liability under any local, state, federal or other law or regulation. You will not upload, post, reproduce or distribute to or through the Site any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof.
4. Trademarks. "KeepMyVoicemail™" and "WebLife Media™" are trademarks and service marks of WebLife Media. Other product and company names mentioned on the Site may be the trademarks or service marks of third parties and, if so, WebLife makes no claim with respect thereto. No trademark or service mark license is granted in connection with your use of the Site.
5. Warranty Disclaimer. EXCEPT AS OTHERWISE SPECIFICALLY AGREED IN WRITING BY WEBLIFE, THE SITE, THE CONTENT AND ALL INFORMATION, GOODS, SERVICES AND SOFTWARE (IF ANY) PROVIDED BY OR ON BEHALF OF WEBLIFE THROUGH THE SITE OR OTHERWISE, AND ANY LINKS FROM THE SITE TO ANY OTHER INTERNET SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND WEBLIFE MAKES NO WARRANTIES REGARDING THEIR USABILITY, CONDITION, OPERATION OR AVAILABILITY. EXCEPT AS OTHERWISE SPECIFICALLY AGREED IN WRITING BY WEBLIFE, WEBLIFE DOES NOT WARRANT THAT ACCESS TO THE SITE OR USE OF THE SITE, THE CONTENT OR ANY OTHER CONTENT, INFORMATION, GOODS, SERVICES OR SOFTWARE (IF ANY) PROVIDED BY OR ON BEHALF OF WEBLIFE WILL BE UNINTERRUPTED OR ERROR-FREE, OR BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, SUITABILITY OR QUALITY, OR THAT THE SITE WILL BE AVAILABLE OR ACCESSIBLE AT ALL TIMES. WEBLIFE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY , SECURITY, ACCURACY, AND QUIET ENJOYMENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO PROFESSIONAL RELATIONSHIP IS CREATED BY THE PERFORMANCE OR DELIVERY BY WEBLIFE OF SERVICES OR PRODUCTS AND ANY ADVICE PROVIDED BY WEBLIFE DOES NOT CONSTITUTE THE RENDERING OF LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
6. Use of Information.
a. Submissions. Any information, including but not limited to address and other contact information, remarks, suggestions, ideas, graphics or other submissions, communicated to WebLife through the Site or otherwise shall become the exclusive property of WebLife when received by WebLife, which shall own all present and future rights therein, and may use any information submitted for any legal purpose without restriction or compensation to the person providing such information. WebLife will not be required to treat any such information or materials as confidential.
b. Information Collected and Use. It is WebLife's policy not to disclose or sell personal information about its customers (such as name, address or e-mail address) to third parties; however, WebLife may disclose aggregate information regarding its customers, including information regarding their usage of the Site, to third parties. Further, WebLife may disclose personal information regarding its customers if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on WebLife or the Site; (b) protect or defend the rights or property of WebLife, the Site, or the users of the Site, and/or (c) act under exigent circumstances to protect the personal safety of users of the Site or the public.
c. Security. WebLife will take commercially reasonable steps to protect and secure customer-specific information sent via the Site from loss, misuse, and alteration but, given the nature of the Internet and electronic commerce, makes no warranty that such information shall be completely secure.
7. Links. The Site may contain links to other web sites not maintained by WebLife. Such external web sites contain information created, published, displayed or maintained independently of WebLife. WebLife is not responsible for such content, nor does it approve, endorse or certify information contained on any external or linked site. Accordingly, WebLife makes no representations or warranties whatsoever concerning the content or availability of those sites or any other sites to which they link.
8. Indemnification. Upon request by WebLife, you agree to defend, indemnify and hold harmless WebLife, its affiliated companies and their officers, directors, employees, contractors and assigns from any liabilities, claims, loss, cost or expense, including reasonable attorney fees, arising from your breach of this Agreement and/or use of the Site, Content and/or any products and services provided by WebLife. WebLife reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. Limitation of Liability. WEBLIFE'S MAXIMUM LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE TOTAL AMOUNT PAID BY YOU FOR ANY WEBLIFE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY, OR $500.00, WHICHEVER IS LESS. UNDER NO CIRCUMSTANCES WILL WEBLIFE BE LIABLE TO YOU OR ANY PERSON OR BUSINESS ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON ANY USE OF OR INABILITY TO USE THE SITE OR ANY OTHER WEB SITE TO WHICH THE SITE IS LINKED (OR PRODUCTS OR SERVICES OFFERED THROUGH SUCH SITE) OR WITH RESPECT TO THE CONTENT OR ANY INFORMATION, GOODS, SERVICES OR SOFTWARE (IF ANY) PROVIDED TO YOU BY OR ON BEHALF OF WEBLIFE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOST JOB OPPORTUNITIES OR OTHERWISE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WEBLIFE HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO.
10. Miscellaneous. This agreement is governed by the laws of the State of Illinois, U.S.A. You hereby consent to the exclusive jurisdiction, including personal jurisdiction, and venue of the state and/or federal courts in Dupage County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Site, any products or services offered by WebLife and/or this Agreement. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including this paragraph. &You agree that no joint venture, partnership, employment, agency or professional relationship exists between you and WebLife as a result of this Agreement or use of the Site or any products or services offered by WebLife. WebLife's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of WebLife's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by WebLife with respect to such use. If any part of this Agreement or specific language is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision or the specific language thereof will be deemed superseded by a valid, enforceable provision or specific language that most closely matches the intent of the original provision or language and the remainder of the Agreement shall continue in effect.Except for the failure to make payments when due, neither party to this Agreement will be liable to the other by reason of failure in performance of this Agreement if the failure arises out of any cause beyond the reasonable control of that party. No cause of action arising out of the use of the Site or this Agreement may be instituted by you more than one (1) year after the cause of action first accrues. The term "you," in addition to the definition set forth above, includes individuals, corporations, partnerships, trusts, other legal entities, organizations and associations, and any government or governmental agency or authority. The words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation."Each Party acknowledges that it has had the opportunity to review this Agreement with legal counsel and the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any other document executed and delivered by either party in connection with the transactions contemplated by this Agreement. The captions in this Agreement are for convenience of reference only and shall not be used to interpret this Agreement. Notices required to be given hereunder, except as otherwise provided, shall be given by one party to the other by e-mail with a confirmation copy sent by first class mail if a mailing address has been supplied. Notices to WebLife shall be sent to: WebLife Media, 1212 S Naper Blvd #119-178, Naperville, Illinois 60540 Notices to you shall be sent to the mailing and e-mail addresses provided by you, in connection with your arrangement to purchase any WebLife products or services. Notices shall be deemed effective on the date of transmission by e-mail. No provision hereof shall be deemed waived by WebLife unless such waiver shall be in writing and signed by WebLife or a duly authorized representative of WebLife. Upon termination of this Agreement for any reason, the provisions of this Agreement concerning the ongoing interests of the parties shall continue and survive in full force and effect, including all provisions protecting the intellectual property of WebLife and limiting WebLife's warranties, liabilities and damages.
11. Entire Agreement. This Agreement constitutes the entire agreement between you and WebLife with respect to the Site, the Content and any products and services provided by WebLife and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WebLife with respect to the Site and/or the Content. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved by WebLife.