Privacy Policy and Terms of Use

Texting Privacy Policy
Effective Date: October 2021
General
This Texting Privacy Policy (this “Privacy Policy”) describes the practices that Approved Contact Network, LLC, a Nevada limited liability company, (referred to hereinafter as “Approved Contact Network,” “us” or “we”) follows with respect to the collection, use, maintenance and disclosure of information collected through the Texting (collectively, the “Service”). This Privacy Policy applies only to information we collect from the Service and does not apply to any other website or business activity of Approved Contact Network. By using the Service, you consent to the collection, use, maintenance and disclosure of your information by us.
 
We reserve the right to revise this Privacy Policy at any time. When we do, we will give you notice of the revised Privacy Policy by posting the revised Privacy Policy on the Service and by revising the “effective date” at the top of this Privacy Policy. You are responsible for regularly reviewing the current Privacy Policy. Use of the Service after a new policy has been posted on the Service constitutes your consent to the changed terms or practices. If you object to any changes, you must close your account and stop using the Service.
Remember that your use of the Service is at all times subject to our Texting Terms of Use located at http://approvedcontact.net/wp-content/uploads/approved-contact-terms-of-use.pdf which incorporates this Privacy Policy.
 
BY VISITING OR USING THE SERVICE, YOU VOLUNTARILY AND WILLINGLY PROVIDE APPROVED CONTACT NETWORK AND/OR AUTHORIZE APPROVED CONTACT NETWORK TO GATHER CERTAIN INFORMATION. IF YOU HAVE ANY CONCERNS ABOUT THE COLLECTION OF INFORMATION ON THE SERVICE AND/OR HAVING YOUR INFORMATION DISPLAYED ON THE APPROVED CONTACT NETWORK SERVICE OR OTHERWISE USED, MAINTAINED AND/OR DISCLOSED IN ANY MANNER PERMITTED IN THIS PRIVACY POLICY AND/OR TERMS OF USE, YOU SHOULD NOT USE THE SERVICE AND, IF YOU ALREADY CREATED AN ACCOUNT, YOU SHOULD CLOSE IT.
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Information We Collect
We collect “personally identifiable information” and “automatic information.” “Personally identifiable information” is information that tells us who you are, such as (without limitation) your name, physical address, and e-mail address. “Automatic information” is information automatically collected by our web server (which may be hosted by a third-party on our behalf) that your web browser makes available whenever you visit or use our Service, such as (without limitation) your computer’s IP address or browser type. You can choose not to provide personally identifiable information to us. However, if you do not provide your email address to us, you will be unable to register with or use the Service and if you do not provide certain other, required personally identifiable information you may not be able to access or participate in other features of the Service.
 
Personally Identifiable Information
 
To Register for the Service
We may collect personally identifiable information when you register with the Service or create or revise your profile, or if you voluntarily choose to provide it to us. For example, we may collect your name, physical address, email addresses, phone numbers, password, and employment and payment information when you register with the Service or create or edit your profile. Once you register with the Service, you may provide additional information about yourself in your profile and/or other postings or communications made using the Service. Providing additional information is up to you.
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Analytics
We may use certain in-house or third-party functionality to analyze your communications with us and interactions with the Service. The analysis enables us to monitor the products, content, and services that we provide so that we can improve the products, content, and services provided to you. We take commercially reasonable steps to ensure that these third parties will be required to protect any personal identifiable information in a manner consistent with this Privacy Policy.
Other analytics capabilities are reflected in the description of automatic information.
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To Submit Feedback
You may submit your questions, comments and report issues to us via the Services. We may use the personally identifiable information you provided to us in order to contact you to answer your questions or to provide you technical support.
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Automatic Information
We may collect “automatic information” anytime you view and/or interact with our Service or its pages, features and functionality, including mobile applications, software and platform technology. For example, we may collect your computer’s IP address, browser type, and operating system version, and information about your browsing activity (e.g., the website that you visit before visiting our website and the website you visit after leaving our website) and geographic location. We also know when you click on ads, upload your address book, join groups, participate in discussions, and install an ApprovedContact.net mobile application. When you access the Services from a mobile device, we may collect automatic information from that device, including IP address, browser type, and device type, and other usage information about your device.
Automatic information may be tied to your personally identifiable information, and in such circumstances will be treated as personally identifiable information.
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Technologies We May Use to Collect Your Information
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Cookies
This Service may also use “cookies” and other technologies to recognize users, customize their experience or serve advertisements. A cookie is a small text file that a website’s server places on a user’s computer, mobile phone or other device. The cookie transmits information back to the website’s server about the browsing activities of the computer user on the site. This includes information such as pages and content viewed, the time and duration of visits, search queries entered into search engines, and whether a computer user clicked on an advertisement.
Cookies also can be used to recognize users and maintain data related to a particular individual,
including passwords. In some contexts, such as where a number of separate websites participate in a network, cookies can be used to track a computer user across different sites. Cookies are used as a standard practice by many sites. As important as cookies are to our Service, we understand that this might make you uncomfortable. If you would prefer not to accept cookies from our Service or any other website, you can modify the settings on your web browser. You may refer to your browser’s online help feature or user manual for instructions on how to do this. If you refuse to accept cookies, it is possible that some portions of the Service may not function as intended.
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Web Beacons
“Web beacons” are small graphic images or other web programming code that may be included in our Service pages or other areas of the Service. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users of our Service pages and other areas of the Service. Unlike cookies, which are typically stored on your computer or mobile device’s hard drive, web beacons are embedded invisibly on web pages. Web beacons or similar technologies help us better manage content on our Service by informing us what content is effective, counting the number of users of the Service, monitoring how users navigate the Service or counting how many e-mails, articles or links were actually opened or viewed.
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Embedded Scripts
An “embedded script” is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer, mobile or other device from our server or a third party service provider.
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Web Traffic and Web Performance Analytics
We may also collect information using a variety of reports from web traffic and web performance analytics companies to improve our Service. This information allows us to better understand users of the Service and to customize the Service while also tracking our success at reaching new audiences. This Privacy Policy does not govern the ability of any third party analytics company to use and share information collected by such company.
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IP Addresses
An IP address is a number that is assigned to your computer, mobile or other computing device whenever you are surfing the Internet. Web servers (computers that “serve up” web pages) automatically identify your computer or other computing device by its IP address. When users request pages from our Service, our servers may log their IP addresses. We may collect IP addresses for the following purposes, among others: system administration, to report non- personal aggregate information to others and to track the use of our Service. IP addresses are considered non-personal information and may also be shared as provided above.
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Information from your Mobile Device
We may also use technologies, such as location based information, to provide you with tailored information and features as you use our Service. When you access the Service on your mobile device, including, but not limited to, mobile phones and tablets (“Mobile Device”), we may obtain information from your Mobile Device about the type of Mobile Device you are using. We may use this information to notify you of features and products that may be available on your Mobile Device. Certain features may require our collection of the phone number of your Mobile Device. We may link that phone number to the Mobile Device identification information, but will not use that number for telemarketing. In addition, some mobile network providers (“Mobile Provider”) in the U.S. are required to use sites that tracks the physical location of Mobile Devices that use
their service. Depending on your Mobile Provider and Mobile Device, we may automatically receive this information. If we begin to offer services that use this tracking (“pinpointing”) information, we will obtain your consent (an opt-in) before using the information. After obtaining such consent, we may use and store this information to provide location-based services, including location-targeted advertising. Most Mobile Devices provide users with the ability to disable location services. These controls are usually located in the Mobile Device’s settings menu. If you have questions about how to disable your Mobile Device’s location services, we recommend you contact your Mobile Provider or your Mobile Device manufacturer.
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SMS Privacy Statement
We value your privacy and are committed to protecting your mobile information. No mobile information, including text messaging originator opt-in data and consent, will be shared with third parties or affiliates for marketing or promotional purposes. This information is used solely to deliver the services or updates you have explicitly opted into and will not be disclosed to any external parties.
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Privacy of Children
The Service is a general audience website. We do not intentionally collect personally identifiable information from users of this Service who are under the age of thirteen (13). If you use the Service, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children’s Online Privacy Protection Act, if we become aware that a user of our Service is under the age of 13 and has placed an order using our Service, we will remove that child’s personally identifiable information from our files.
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Updating Your Information
If you would like to review, change and/or request changes to any of your personally identifiable information collected through the Service, and you have an account with Approved Account, you may do so by logging into your account.
If you close your account, we may remove your personally identifiable information from our Service. If you close your account, we have no obligation to retain information that you provided to us (including, without limitation, any information regarding your contacts) and may delete all of such information without liability; provided, however, that we may provide information regarding your contacts to the holder of the applicable Enterprise Account, in the event that your account was part of such Enterprise Account. You may request deletion of your information by contacting Approved Contact customer service.
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Notwithstanding anything to the contrary in this section, information you have shared with others, or that other users have in their accounts, may remain visible even if you request its deletion or close your account.
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Communication Preferences
Approved Contact Network may from time to time permit you to specify how you would like to receive certain communications. For example, you may request to receive certain communications via text message. You are responsible for any fees associated with your receipt of any communications sent to your mobile device (including text messaging fees).
 
By providing your mobile phone number, opting in, and accepting these terms and conditions, you give Approved Contact permission to send you text messages. Message and data rates may apply. Message frequency varies. You may revoke your consent to receive text messages at any time by replying STOP to any message you receive from us. At any time, you can reply YES to opt-in or HELP for more information.
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Security
We work to protect your information during transmission by using Secure Sockets Layer (SSL) software. However, information transmitted on the Internet and/or stored on systems attached to the Internet is not 100% secure. As a result, we do not ensure, warrant or guarantee the security or integrity of such information, including your personally identifiable information. We will not be responsible for any access to or disclosure, reproduction, alteration or destruction of any information due to errors in transmission or the unauthorized acts of third parties, including without limitation by breach of any physical, technical or other safeguards.
 
You help to maintain the security of your personally identifiable information stored in our systems by keeping your username and password confidential and protecting against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
 
Please note that emails, instant messaging and similar means of communication with other users of Approved Contact Network are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
 
Links to Other Websites
While you are using this Service, you may be linked or directed to other third-party sites outside of the Service that are beyond our control. Each of these third-party sites may have a privacy policy that is different from ours. For example, you might click on a link or banner ad that will take you off the Service. These links and banners may take you to sites of advertisers, sponsors and co- branding partners. Please review the privacy policies of these sites. We are not responsible for any actions or policies of such third parties.
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Users from Outside the United States
Our Service is hosted in the United States and is governed by United States law. If you are using our Service from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our Service, you expressly consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.
 
Your California Privacy Rights
California Civil Code Section 1798.83 permits users that are residents of California to request the following information regarding our disclosure of your personal information to third parties for those third parties’ direct marketing purposes: (i) a list of certain categories of personally identifiable information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year; (ii) the identity of certain third parties that received personally identifiable information from us for their direct marketing purposes during that calendar year; and (iii) examples of the products or services marketed (if we have that information). If you are a California resident and would like to make such a request, please write us at the address below.

 
APPROVEDCONTACT.NET TEXTING TERMS OF USE
Last Updated on October, 2021
Approved Contact Network LLC, a Nevada limited liability company (“Approved Contact Network,” “us” or “we”), operates an online service that may be accessible through certain portions of the approvedcontact.net site and/or mobile application (the “Service”) that allows users to, among other things, create a user profile and communicate with a network of contacts.
 
These ApprovedContact.Net Texting Terms of Use and any additional terms or conditions that we post on the Service from time-to-time (“Terms of Use”) set forth the terms and conditions under which you may access and use the Service.
 
PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICE AND/OR REGISTERING WITH THE SERVICE, YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE (WITHOUT MODIFICATION), DO NOT ACCESS OR USE THE SERVICE.
 
Approved Contact Network reserves the right to modify, supplement or change the Terms of Use at any time without prior notice to you. Such modification or change shall be effective upon posting on the Service. If Approved Contact Network revises the Terms of Use, it will also revise the “Last Updated” date at the top of this page. The most current version of the Terms of Use can be reviewed by clicking on the “TERMS OF USE” hypertext link located at the bottom of Approved Contact Network web pages. Your continued entry to and/or use of the Service after Approved Contact Network posts any revised and/or supplemental Terms of Use constitutes your agreement to any such revised and/or supplemental Terms of Use. If you do not agree to such revised and/or supplemental Terms of Use, do not access the Service.
 
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THE TERMS OF USE OR ON THE SERVICE TO THE CONTRARY, THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES AND SUBJECT TO LIMITATIONS ON APPROVED CONTACT’S LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 19 AND 20 BELOW.
 
1.               Definitions
An “Administrative Account” is an account that, together with one or more User Accounts, comprises an Enterprise Account and may be used to administer an Enterprise Account.

A “Company Page” is a web page on the Service where Enterprise Account Holders can post information.
“Content” means any information displayed or transmitted on the Service by (1) Approved Contact Network or (2) other users of the Service.

An “Enterprise Account” is an account created by a company or other organization (the “Enterprise Account Holder“) that consists of an Administrative Account and one or more User Accounts.

An “Individual Account” is a User Account created by an individual (the “Individual Account Holder“) on his/her own behalf. The individual may create a “Basic Individual Account” or a “Premium User Account”.

“Log-in Information” means passwords, usernames and other log-in information used to access your electronic calendar and/or contact database.

“Renewal Payment” means the amount due for the Renewal Period, if any.

“Subscription Payment” means the amount due for the Subscription Period.

“User Content” means all content and information uploaded or otherwise submitted in connection with your User Account, excluding Log-in Information and User Feedback. User Content includes, without limitation, (1) your profile, (2) photographs, (3) contact and/or calendar information, and (4) the contents of discussion boards and chats that were posted by you.

“User Feedback” means all ideas, concepts, suggestions, documents and/or proposals regarding the Service that you submit to Approved Contact.
 
2.               General Use.

• License to Use Conditioned upon, and subject to, your strict compliance with the Terms of Use, Approved Contact Network grants you a revocable, non-exclusive, non- transferable, non-assignable, non-sublicensable limited license to access and use the Service solely to create a user profile and communicate with a network of contacts, and for other purposes as expressly permitted by Approved Contact Network in writing on the Service.

• Use of You shall (a) review and comply with notices sent by Approved Contact Network regarding the Service, (b) review and comply with these Terms of Use, (c) use the Service in a professional manner, and (d) comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the Service and communication with contacts, including, without limitation, privacy laws, intellectual property laws, and any applicable laws regarding online conduct, acceptable content, and the transmission of technical data exported from the United States or the country in which you reside.

 
3.               Your Use.

• Restriction, Termination and Suspension on Your Use. Approved Contact Network may modify, suspend, discontinue and/or restrict the use of all or any portion of the Service including, without limitation, the Content, at any time for any reason (or for no reason) and without notice or You agree that (a) if your authorization to access or use the Service is terminated, you will not thereafter access or use, or attempt to access or use, the Service, directly or indirectly, (b) if your authorization to access or use the Service is suspended, you will not thereafter access or use, or attempt to access or use, the Service, directly or indirectly, until your suspension is removed and Approved Contact Network gives you express notice thereof, and (c) if your authorization to access or use the Service or any feature thereof is restricted, you will not thereafter access or use, or attempt to access or use, any restricted portion or feature of the Service, directly or indirectly, until such restriction is removed and Approved Contact Network gives you express notice thereof.

• Use of Content. You may print or copy Content that you are authorized to access, solely for informational and networking purposes in connection with your use of the Service; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms of Use including, without limitation, Section 4 (Restrictions) below.

 
4.               Restrictions.

• No Prohibited Access or Use. You agree not to access or use the Service for any purpose that is prohibited by the Terms of Use or that is contrary to the intended purpose of the Service. You further agree not to access or use the Service for purposes that compete with Approved Contact Network or if you are a competitor of Approved Contact Network.

• General Restrictions. Except as expressly provided in Section 3.2 (Use of Content) above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, publish, broadcast, transmit, distribute, perform, display, sell, re-brand, publicly display or otherwise transfer the Service and/or any Content (excluding your User Content) without first receiving Approved Contact Network’s express written permission. You further agree not to, without first obtaining Approved Contact Network’s express written permission, (a) use any of its trademarks as metatags on other web sites, and/or (b) display any part of the Service in frames (or any Content via in-line links) or engage in “mirroring.” You agree not to circumvent, disable or otherwise interfere with security features of the Service and/or features that prevent or restrict use or copying of the Service (including, without limitation, any Content and other information contained therein). You further agree not to decompile, reverse engineer, disassemble, decipher or otherwise attempt to derive the source code for any software or other products or processes accessible through the Service, and not to take any action (including, without limitation, inserting any code, files, programs or product or manipulating the Service in any way) that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Service. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, scraping, Trojan horses, or any other data gathering or extraction method in connection with your use of the Service except for customary search engines used in accordance with automated instructions directed to search engines and available on the Service.

• Limitations on Use of the You agree not to use the Service:

1. to create a false or misleading profile, or misrepresent your affiliation with Approved Contact Network or any third party;

2. to impersonate any person or entity;

3. to violate the privacy rights of or abuse, harm, “stalk” or otherwise harass another;

4. collect or store personal data about other users without permission;

5. to contact people whom you do not know;

6. to conceal the origin of any communication transmitted by you or on your behalf; or

7. use our Services for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation, for any pornographic, sexually explicit, sex trafficking, or prostitution purposes, or for any lottery or gambling purposes.

 
5.               The Service.

• The Service is available only to Registered Users. You agree not to access any portion of the Service for which we do not intentionally provide you access. Without limiting the generality of the foregoing, you shall not access or use (or attempt to access or use) another Registered User’s account, except as expressly allowed hereunder.

• Registered Users and User If you successfully register with our Service, you will be considered a “Registered User” of and will have a “User Account” for the Service.

• Account Responsibility. You are responsible for all use of your Administrative Account, Enterprise Account, Individual Account and/or User Account, as applicable, whether or not the applicable use is authorized by you, until you terminate or transfer your account.

 

• Enterprise Account This section applies only to Enterprise Account Holders.

• Agreement to Terms of Use. BY CLICKING “JOIN NOW” AND CLICKING THE BOX TO INDICATE YOUR ACCEPTANCE TO THESE TERMS OF USE, (A) YOU, IN YOUR INDIVIDUAL CAPACITY, AGREE TO THESE TERMS OF USE WITHOUT MODIFICATION, AND (B) YOU REPRESENT TO APPROVED CONTACT, IN YOUR INDIVIDUAL CAPACITY, THAT (i) YOU ARE 18 YEARS OF AGE OR OLDER, (ii) YOU HAVE AUTHORITY TO BIND TO THIS AGREEMENT THE ENTITY ASSOCIATED WITH THE CORRESPONDING REQUEST FOR AN ENTERPRISE ACCOUNT, AND THAT DOING SO WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU OR SUCH ENTITY ARE A PARTY, AND (iii) SUCH ENTITY AGREES TO THIS AGREEMENT WITHOUT MODIFICATION.OTHER THAN AS SPECIFICALLY USED IN THE CLAUSES OF THIS SECTION 6.1, USE OF THE TERMS “YOU” (AND VARIATIONS THEREOF) IN THIS AGREEMENT REFERS TO SUCH ENTITY ASSOCIATED WITH THE CORRESPONDING REQUEST FOR AN ENTERPRISE ACCOUNT.

• Enterprise Account Users. Any use of a User Account comprising your Enterprise Account shall be considered a use of your Enterprise Account. Each such User Account must be designated for use by a named individual (each an “Enterprise Account User“), and you may allow only such named individual to use the User Account designated for him or her. If an Enterprise Account User is no longer authorized by you to use and access the Enterprise Account, you shall deactivate his/her User Account. You will be responsible for all access to, and use of, the Service by an Enterprise Account User (and anyone that uses and/or accesses the Service through a User Account comprising your Enterprise Account), for any transactions facilitated by such Enterprise Account User, and for any damage we incur as a result of any act, error, or omission of any Enterprise Account User (and anyone that uses and/or accesses the Service through a User Account comprising your Enterprise Account). Any breach of this Agreement by an Enterprise Account User (and anyone that uses and/or accesses the Service through a User Account comprising your Enterprise Account) shall be considered a breach by

• Administrative Accounts. The Service may from time-to-time permit an Enterprise Account Holder, through the functionality of its Administrative Account, to (a) add and remove groups, (b) designate the Enterprise Account Users, and (c) define the content that is posted on the Enterprise Account Holder’s Company Page.

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• Enterprise Account This section applies only to Enterprise Account Users.
   

• Agreement to Terms of Use. BY CLICKING “JOIN NOW” AND CLICKING THE BOX TO INDICATE YOUR ACCEPTANCE TO THESE TERMS OF USE, YOU REPRESENT AND WARRANT TO APPROVED CONTACT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND AGREE TO THESE TERMS OF USE WITHOUT MODIFICATION. USE OF THE TERMS “YOU” (AND VARIATIONS THEREOF) AND “CUSTOMER” IN THIS AGREEMENT REFERS TO YOU AS AN INDIVIDUAL.

• Enterprise Account Holder Rights. You hereby acknowledge that Approved Contact Network and/or the Enterprise Account Holder has the right to (a) view, use and copy all of your User Content in the Enterprise Account, including your User Account, (b) post your personally identifiable information in its online company directory, and (c) terminate and/or suspend your access to the Enterprise Account.

• Termination of Enterprise Accounts. If your Subscription to an Enterprise Account is terminated, Approved Contact Network will convert your User Account into an Individual Account automatically, in which case you will become an Individual Account You will be responsible for any Subscription Payments for maintaining your Individual Account according to Section 8 and Section 11.

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• Individual This section applies only to Individual Account Holders.
   

• Agreement to Terms of Use. BY CLICKING “JOIN NOW” AND CLICKING THE BOX TO INDICATE YOUR ACCEPTANCE TO THESE TERMS OF USE, YOU REPRESENT AND WARRANT TO APPROVED CONTACT NETWORK THAT YOU ARE 18 YEARS OF AGE OR OLDER AND AGREE TO THESE TERMS OF USE WITHOUT USE OF THE TERMS “YOU” (AND VARIATIONS THEREOF) AND “CUSTOMER” IN THIS AGREEMENT REFERS TO YOU AS AN INDIVIDUAL.

• Account Merger. If you have a Basic Individual Account and an Enterprise Account Holder designates you as an Enterprise Account User, your Basic Individual Account will merge into a User Account of the applicable Enterprise Account, provided that the email address designated in your Basic Individual Account has the same domain name as the Enterprise Account Holder. The date on which the Basic Individual Account mergers into a User Account of the applicable Enterprise Account is the “Merge Date”. Beginning on the Merge Date, (a) you will be an Enterprise Account User, (b) all User Content within your Individual Account will merge into the User Account of the applicable Enterprise Account, (c) the Enterprise Account Holder will have the right to view, use and copy your User Content, and (d) the Enterprise Account Holder will be permitted to post your personally identifiable information in its online company directory.

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• Except as expressly provided in these Terms of Use, you shall not allow any other individual or entity to access and/or use your Administrative Account, Enterprise Account, Individual Account and/or User Account, as applicable. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If you are an Enterprise Account Holder, you agree to require each Enterprise Account User to protect his or her respective username and password by, among other things, keeping his or her username and password to each User Account confidential. If, notwithstanding the foregoing obligation, another party uses your username and/or password to access your Administrative Account, Enterprise Account, Individual Account and/or User Account, as applicable, you will be responsible for all use by the party using such account. You agree to (a) immediately notify Approved Contact of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

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10.         Term and Termination.

• Unless expressly agreed otherwise in writing, the term of a subscription to the Service for an Enterprise Account or a Premium Individual Account (a “Subscription”) shall commence on the date on which the Yearly Fee or Monthly Fee is received, and (a) if the Yearly Fee was paid, shall continue for a period of one (1) year, or (b) if the Monthly Fee was paid, shall continue for a period of one (1) month (as applicable, the initial 1 year period or 1 month period shall be referred to as the “Subscription Period”); subject, however, to renewal and earlier termination as provided herein. You may renew your Subscription for a period of one (1) month, multiple months or one (1) year (each a “Renewal Period”) by contacting Approved Contact or, as available, via the Service.

• Termination of Subscriptions. An Enterprise Account Holder or Individual Account Holder, as applicable, may terminate its Subscription by giving written notice and your Subscription will terminate at the end of the then-current Subscription Period or Renewal Period, as applicable. Approved Contact Network may at any time terminate your Subscription to the Service for any reason (or for no reason) and without notice or liability. Without limiting the generality of the foregoing, Approved Contact Network may terminate accounts of Users who, in Approved Contact Network’s sole discretion, are repeat infringers under the United States Copyright Act. Any termination may be effective on the date set forth in a notice to you or, if no notice or date is provided, may be effective immediately.

• Effect of Termination. Upon termination of your Subscription, (a) you shall no longer access and/or use the Service and (b) Approved Contact Network may, in its sole discretion, (i) delete all information and content (including User Content) in your Administrative Account, Enterprise Account, Individual Account and/or User Account, as applicable, and (ii) bar you from any future use of the Service. Notwithstanding the foregoing, Approved Contact Network reserves the right to retain and use such information and content as necessary to comply with its legal obligations, resolve disputes, and enforce the Terms of Use.

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• This section applies only to Enterprise Account Holders and Individual Account Holders.

  • Subscription and Renewal You agree to pay all Subscription Payments and Renewal Payments, if any, when due and in accordance with the payment terms that Approved Contact Network issues from time-to-time.

• We may, in our sole discretion, change the amount due for the Subscription Payment or Renewal Payment. Any such change shall be effective upon posting on the Service or other communication to you unless otherwise noted.

• Refund All payments due hereunder are non-refundable.

• Payment Method. All amounts payable hereunder must be made by a credit card designated by you or by other payment methods as Approved Contact Network may permit from time-to-time. If you pay any Subscription Payment or Renewal Payment by credit card, you hereby authorize Approved Contact Network or its third-party vendor (operating on behalf of Approved Contact Network) to charge the designated card on the date on which you create your Enterprise Account or Individual Account, as applicable. If Approved Contact Network does not receive payment from the applicable card issuer or its agents, you agree to pay all amounts due immediately upon You agree to promptly notify Approved Contact Network of changes to (a) the account number or expiration date of its designated card, and/or (b) its billing address. You also agree to promptly notify Approved Contact Network if your card is canceled.

• Failure to Make If Approved Contact Network does not receive a Renewal Payment within thirty (30) days of the date on which it is due, Approved Contact Network may suspend your access to the Service, including without limitation the Service and any Administrative Account, Enterprise Account, Individual Account and/or User Account, as applicable. You agree to reimburse Approved Contact Network for all collection costs and interest for any overdue amounts.

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• Privacy Policy. You should carefully read our Privacy Policy before using and/or registering with our The Privacy Policy governs our collection, use disclosure and maintenance of information gathered on the Service, including without limitation personally identifiable information.

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13.            User Information, Content and Communications.

• Information Provided. If you provide any information to us, you agree to (a) provide only true, accurate, current and complete information, and (b) keep such information

• User Content. You acknowledge that Approved Contact Network has no obligation to pre-screen content contributed to the Service. Approved Contact Network has the right, but not the obligation, at any time and without prior notice, to refuse, remove or disable any content, including your User Content, that is available via the Service. Without limiting the generality of the foregoing, Approved Contact Network may edit or remove any User Content you submit to the Service that Approved Contact Network, in its sole discretion, deems abusive, defamatory, obscene, unlawful or otherwise We are not responsible for maintaining your User Content and we may, in our sole discretion, remove it from the Service or delete or destroy it at any time with no liability or obligation to you. You agree not to provide any User Content:

  • that is discriminatory, harmful, threatening, violent, indecent, inflammatory, pornographic, profane, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, inappropriate, or otherwise objectionable;

  • that is unlawful, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or that would otherwise violate any law, or contractual or fiduciary relationship;

  • that is misleading, deceptive or fraudulent;

  • that infringes, violates or misappropriates any patent, trademark, trade secret, copyright or other proprietary rights of any party; or

  • that contains any unauthorized solicitations, advertisements, marketing or promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid“

 

• License to User Content. By disclosing, uploading or otherwise submitting User Content to the Service, you represent and warrant to us that (a) such User Content is not confidential,(b) that you have the right and authority to disclose, upload and/or submit such User Content on the Service, and to grant the rights granted herein, (c) such User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and the User Content does not contain any personallyidentifiable information about any third party in violation of such party’s rights; and (d) the use of any User Content will not result in harm or personal injury to any third party. Any User Content that you submit to us is at your own risk of loss. You may also choose to make your User Content available to others.

• Assignment of User Feedback. The Service may permit users to provide User Feedback. If you submit any User Feedback, such User Feedback shall be owned exclusively by Approved Contact Network and Approved Contact Network may, in its sole discretion, use and/or disclose such User Feedback for any and all purposes, without any compensation to To the extent you have or obtain any intellectual property right in or to any User Feedback, you hereby assign all right, title and interest in or to any User Feedback to Approved Contact Network as of the date such right first vests in you.

• No Liability for Use of User Content. As described above, we do not generally monitor or otherwise remove User Content after it is posted on our Service, except as required or permitted by law or otherwise in our sole discretion, but we reserve the right to remove any and all material that we feel is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Use. We are not responsible for the timeliness, deletion, mis-delivery or failure to store any User Content. We do not make any warranties or representations regarding any of the User Content. We do not approve, endorse, sanction, encourage, verify or agree with any message, profile, or other content posted by our users or otherwise embodied in the Content. Any User Content that you Post on the Service may be seen and used by others. If you do not wish to disclose any User Content to others, and/or do not want others to use and/or disclose such User Content, do not post it on the Service. APPROVED CONTACT NETWORK IS NOT RESPONSIBLE FOR YOUR OR ANY OTHER USER’S USE, MISUSE AND/OR DISCLOSURE OF ANY USER CONTENT.

 

1. Rights you Grant to Us. By submitting Log-in Information to Approved Contact Network, you are licensing that Log-in Information to Approved Contact Network for the purpose of providing the Service, and granting to Approved Contact Network the right to use and store such Log-in Information to provide the Service to you. By submitting Log-in Information to Approved Contact Network, you represent that you are entitled to submit it to Approved Contact Network for use for the purposes described in these Terms of Use, without any obligation by Approved Contact Network to pay any fees or other limitations. By using the Service, you expressly authorize Approved Contact Network to access your calendar and contact Approved Contact Network agrees to take commercially reasonable steps to ensure that the Service:

• Does not store or display the content or attendees in your calendar events, and that we only store free/busy times to allow for comparing your free/busy times to people whom you communicate with.

• Does not display your contacts, in the event that you load your contacts into Approved Contact Network they will only be accessible and viewable by you.When you add Log-in Information for an electronic calendar or contact database, the Service will use such Log-in Information to retrieve information from your electronic calendar and/or contact database. You hereby authorize and permit Approved Contact Network to use and store Log-in Information submitted by you to the Service to accomplish the foregoing and to configure the Service so that it is compatible with the electronic calendars and/or contact databases for which you submit your Log-in Information

 
15.            Linking and Third Party Dealings.

• Links to External Sites. Approved Contact Network may provide hyperlinks to other web sites and Internet resources operated by parties other than Approved Contact Network. Approved Contact Network is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from such sites and resources, and has no control over such sites and resources or their terms of use or privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.

• Linking to the Subject to the further provisions of this Section 15.2, Approved Contact Network welcomes links to the Service from other web sites. If Approved Contact Network demands that you not link to the Service, or any portion of the Service, you agree that you will not, directly or indirectly, link to the Service or such portion of the Service as directed in our demand, at any time after such demand is made.

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15.3.     You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of or your reliance on any of these third party’s presentations, content, goods or services made available through a third party site or resource.
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• Intellectual

• Except for Content that is in the public domain, the Service and all original Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Approved Contact Network or its suppliers/licensors and is protected by copyright, trade dress, trademark, unfair competition, and/or other intellectual property laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in the Terms of Use, all rights in and to the Service and Content are expressly reserved by Approved Contact. Notwithstanding the foregoing, in accordance with Section 13.3 above, you own your User Content that you provide to Approved Contact Network or otherwise disclose, upload or submit to the Service.

• Approved Contact Network trademarks. “APPROVED CONTACT NETWORK” and the related logos are trademarks of Approved Contact Network, and, except as expressly provided in Section 3.2 above, may not be copied, imitated or used, in whole or in part, without Approved Contact Network’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Approved Contact Network or its licensors and may not be copied, imitated, or used, in whole or in part, without Approved Contact Network’s prior written permission.

 

• User Warranties. You represent and warrant to us that (a) these Terms of Use constitute a valid and binding agreement enforceable against you in accordance with its terms,(b) no authorization or approval from any third party is required in connection with your assent to, or compliance with, these Terms of Use, and (c) your assent to, and compliance with, this these Terms of Use will not, and does not, violate the laws of any jurisdiction or the terms or conditions of any other agreement to which you are a party or by which you are otherwise bound.

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• You hereby agree to indemnify and hold harmless Approved Contact Network and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all liability, damages, fines, penalties, awards, settlements, judgements, loss, and costs and expenses, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim, charge or investigation arising out of (a) your entry to and/or use of the Service (including, without limitation, the Content), (b) any breach, or alleged breach, of any of the Terms of Use by you, (c) any User Content you submit to the Service, and/or (d) your violation of applicable law.

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• THE SERVICE (INCLUDING ALL CONTENT PROVIDED BY US) IS PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT) IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN, AND WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES (A) OF MERCHANTABILITY, REASONABLE CARE, SECURITY, ACCURACY AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WITH RESPECT TO THE SERVICE, (B) REGARDING THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR PERFORMANCE OF THE SERVICE OR ANY FEATURE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY COMMUNICATIONS SENT USING THE SERVICE AND ANY RESULTS OUTPUTTED FROM THE SERVICE, (C) AS TO WHETHER THE SERVICE SHALL MEET YOUR REQUIREMENTS, OR IS, OR SHALL BE, UNINTERRUPTED OR ERROR FREE, (D) AS TO WHETHER ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE FURTHER DISCLAIM ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS OF TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

• Limitation of Exclusion of Consequential Damages. IN NO EVENT SHALL APPROVED CONTACT NETWORK OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE SERVICE (INCLUDING ANY CONTENT WE MAY PROVIDE ), WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF APPROVED CONTACT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED UPON OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

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Limitation of Liability. IN NO EVENT WILL APPROVED CONTACT NETWORK OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, (A) THE LOSS OF THE USE OF, DELAY IN THE USE OF OR INABILITY TO USE, THE SERVICE, (B) THE LOSS OF ANY DATA, INFORMATION, SOFTWARE, PRODUCTS AND/OR SERVICES THROUGH, OR CAUSED BY, THE SERVICE, (C) YOUR FAILURE TO PROVIDE AND/OR MAINTAIN ACCURATE USER CONTENT, AND/OR THE USE OR MISUSE OF ANY USER CONTENT, (D) THE USE OF YOUR ADMINISTRATIVE ACCOUNT,ENTERPRISE ACCOUNT, INDIVIDUAL ACCOUNT AND/OR USER ACCOUNT, AS APPLICABLE, BY AN UNAUTHORIZED PARTY, (E) ANY ACT OR OMISSION OF ANY OTHER USER OF THE SERVICE, IN EACH OF (A) THROUGH (E) ABOVE WHETHER SUCH DAMAGES ARISE UNDER ACTIONS FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, AND/OR (F) CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION WITH RESPECT TO THE SERVICE. IN ALL EVENTS, APPROVED CONTACT NETWORK OR ITS SUPPLIERS/LICENSORS AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY CLAIMS RELATING TO THESE TERMS OF USE AND/OR THE SERVICE (INCLUDING ANY CONTENT WE MAY PROVIDE ), WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF (Y)$100.00, AND (Z) THE AGGREGATE OF ALL FEES RECEIVED BY US HEREUNDER FROM YOU, IF ANY, WITHIN THE ONE (1) MONTH PERIOD BEFORE THE APPLICABLE CLAIM ARISES.
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Allocation of Risk. You acknowledge that the provisions of this Section 20 and of Section 18 (Indemnification) and Section 19 (Disclaimers) represent a reasonable allocation of the risks under these Terms of Use and that we would not permit you to use and/or access the Service without these provisions.
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21.            Governing Law and Injunctive Relief.

• Governing Law and Jurisdiction. The Service is hosted on servers located in the United States and is intended to be viewed by residents of the United The Terms of Use shall be deemed to be agreed to by you in Las Vegas, Nevada. The Terms of Use, and all matters arising out of or relating to the Terms of Use, shall be governed by the laws of the State of Nevada and the United States, without giving effect to the conflict of law provisions thereof. You and we agree that the Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use. You consent to exclusive jurisdiction and venue in the federal courts sitting in Clark County, Nevada, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Clark County, Nevada. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You agree that any cause of action that you may desire to bring arising out of or related to the Terms of Use must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. Approved Contact Network shall be allowed to apply for injunctive remedies (or equivalent types of relief) in any jurisdiction.

 
21.2.       Availability of Equitable Relief.
To Approved Contact You acknowledge and agree that noncompliance with these Terms of Use may cause irreparable injury to us for which we may not have an adequate remedy at law, and that we shall therefore be entitled to apply to a court for extraordinary relief, including but not limited to temporary restraining orders, preliminary injunctions, permanent injunctions, or decrees of specific performance, in each case without the necessity for posting a bond. Nothing contained in this Section 21.2(a) shall prohibit Approved Contact Network from pursuing any other legal or equitable remedy available to it.
To you. To the extent allowed by law, you agree that you shall not seek any extraordinary relief (including but not limited to temporary restraining orders, preliminary injunctions, permanent injunctions, decrees of specific performance) in connection with the Service or these Terms of Use.
22.            General Provisions.

• Each provision of this Agreement that would by its nature or terms survive any termination of this Agreement shall survive any termination of this Agreement, regardless of the cause. Such provisions include, without limitation, Sections 1 (Definitions), 4 (Restrictions),6.1 or 7.1 or 8.1 (as applicable), 10.3 (Effect of Termination), 11 (Payments), 12 (Privacy Policy), 13 (User Information, Content and Communications), 15 (Linking and Third Party Dealings), 16 (Intellectual Property), 17 (User Warranties), 18 (Indemnification), 19 (Disclaimers), 20 (Limitation of Liability), 21 (Governing Law and Injunctive Relief), and 22 (General Provisions).

• Entire Agreement. These Terms of Use, along with our Privacy Policy, constitute the complete and final agreement and understanding between you and us with respect to the subject matter hereof and supersedes and merges all prior and contemporaneous agreements, negotiations, and understandings between the parties, both oral and written, with respect to the subject matter hereof.

• Neither these Terms of Use nor any of the rights, interests or obligations hereunder may be assigned or transferred by you (whether by operation of law or otherwise, including by way of sale of assets, merger or consolidation, or otherwise) without our prior written consent. We may freely assign this Agreement, in whole or in part, without your consent. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, you and us and our respective successors and permitted assigns.

• Illegal, Unenforceable and Void If any provision of these Terms of Use is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of these Terms of Use shall remain in full force and effect. No right or remedy conferred by these Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time.

• Notices to Approved Contact Network may provide notice to you relating to these Terms of Use by sending a communication to your last known e-mail address, if any, or your last known postal address, if any, or by posting a notice on or sending a communication to you through the Service, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Service. A printed version of these Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

• Notice to Approved Contact. You may contact Approved Contact by emailing sales@approvedcontact.net, or via mail or courier at 561 Keystone Avenue, Suite 490, Reno, NV 89503.

• No Waiver or Informal The failure of Approved Contact Network to insist upon or enforce strict performance by you or others of any provision of the Terms of Use shall not be construed as a waiver of any provision or right.

• Recovery of Costs and Expenses. If Approved Contact Network brings any suit against you to enforce the Terms of Use or otherwise in connection with your use and/or entry of the Service, you agree that if Approved Contact Network prevails in such suit Approved Contact Network shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees.

• Unauthorized Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use.

• You may not use, sell, export, re-export, transfer, divert or otherwise dispose of any product or service offered on the Service, or any Content or any copy or adaptation of such Content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. You warrant that you are not prohibited from receiving products and/or services originating from the United States.

• Force Majeure. We shall not be liable for any delay or failure to deliver or provide access to any or all of the products, services, subscriptions, and Content on our Service, or for the failure to perform any obligation, if such delay or failure is caused by or if such performance is made impractical or commercially unreasonable by fire, hurricane, flood or other act of God, labor dispute or strike, terrorism, war or civil commotion, governmental action, equipment breakdown, failure of utilities (including the Internet), inability to obtain the necessary labor, materials or equipment required to provide the Service, or any other cause beyond our reasonable control or that of our affiliates. In the event of the occurrence of any contingency described in this section, the proposed delivery or obligation shall be extended for a period equal to the time lost by reason of such contingency.