Site Privacy and Terms of Use

Site Disclaimer and Privacy Policy

The information provided on this site has been provided for the convenience of our customers and other persons affiliated with Answering365. Answering365 assumes no liability of any kind for the accuracy or content of this site. Visitors who rely on this information do so solely at their own risk.

The Answering365 website is owned and operated by Concorde Communications. We do not automatically collect personal information from visitors to this site unless it is voluntarily provided. Email addresses, phone numbers and other personal information collected on the website through online forms or email correspondence are for the sole use of Answering365 to better serve and communicate with its customers.

This information will not be transferred or sold to any third party. Some non-personal information is collected by our web server in order to analyze the usage of the site, to improve the site, and to continually tailor it to the needs of our customers. This site may contain links or references to other websites to which this privacy policy does not apply. Answering365 is not responsible for the privacy practices or the content of such websites. We encourage you to read the privacy policy of every web site you visit.

By using this web site, you agree to the terms of this disclaimer and privacy policy of Answering365. We reserve the right to make updates to this disclaimer and privacy policy at our own discretion, and you are advised to regularly check these conditions.

ANSWERING365 WEBSITES TERMS OF USE

Answering365 ("Answering365") provides information through public websites and enables secure online account access through Answering365's private websites that require authentication.

The Answering365 private websites that require authentication shall be known as the “Restricted Sites” and refer to those portions of our websites that are secure, non‐public and accessible only after a user has been authorized by Answering365.

The Restricted Sites, together with the portions of Answering365’s websites that are available to the general public without authorization, are collectively referred to as the “Answering365 Websites”.

By accessing and using the Answering365 Websites, you ("User(s)" and "you") agree to be bound by the terms and conditions set forth herein (“Terms of Use”), without modification.

 Answering365 reserves the right to change the terms, conditions, and notices under which the Answering365 Websites are offered, including but not limited to the charges associated with the use of the Answering365 Websites.

PROPRIETARY INFORMATION AND RIGHTS

The Answering365 Websites may contain proprietary and/or confidential information that is protected by applicable intellectual property and other laws. You may view and download materials and content from the Answering365 Websites according to your authorized account permissions and use such materials and content solely for informational and non‐commercial purposes or as otherwise permitted by Answering365 in writing, provided that you

  • keep all copyright and other proprietary notices intact, and
  • do not (and do not allow any third party to) copy, modify, distribute, transmit, reproduce, display, publish, license, create derivative works from, sell, lease, otherwise exploit for commercial purposes, transfer, assign, or otherwise make unauthorized or improper use of the Answering365 Websites and any information and materials obtained from them.

The Answering365 Websites contain trademarks of Answering365 and its third party licensors. Unauthorized use of any Answering365 or third party trademarks, service marks, or logos may be a violation of federal and state trademark laws. You must obtain Answering365’s written permission prior to using any trademark or service mark of Answering365. Answering365 and/or its licensors own all intellectual property rights in the Answering365 Websites, except as otherwise expressly indicated. The Answering365 Websites are protected by U.S. and international copyright laws.

NO UNLAWFUL OR PROHIBITED USE

It is a violation of these Terms of Use for you to

  • use the Answering365 Websites for illegal purposes, in violation of any applicable laws and regulations or in violation of the rules of any Answering365 service providers,
  • use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any Answering365 Websites pages, content, or user information, except as expressly permitted by Answering365,
  • use any other person’s authorization or credentials to access any portion of any Restricted Sites, whether or not you have the permission of such person; or
  • Use the Answering365 Websites in any manner which could damage, disable, overburden, or impair the Answering365 Websites or interfere with any other party's use and enjoyment of the Answering365 Websites.

LINKS TO THIRD PARTY SITES

The Answering365 Websites may contain links to other websites ("Linked Sites").

The Linked Sites are not under the control of Answering365 and Answering365 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

Answering365 is not responsible for webcasting or any other form of transmission received from any Linked Site. Answering365 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Answering365 of the site or any association with its operators.

USE OF COMMUNICATION SERVICES

The Answering365 Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.   
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in any manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e‐mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Answering365 has no obligation to monitor the Communication Services.

However, Answering365 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Answering365 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Answering365 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Answering365's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Answering365 does not control or endorse the content, messages or information found in any Communication Service and, therefore, Answering365 specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Managers and Supervisors are not authorized Answering365 spokespersons, and their views do not necessarily reflect those of Answering365.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

LICENSE

By transmitting content to Answering365 or the Answering365 Website, you grant Answering365 a perpetual, irrevocable, worldwide, royalty‐free, sub-licensable license to use, reproduce, cache, modify, distribute, and transmit such content for purposes related to the Answering365 Websites or Answering365’s business purposes, and waive any publicity rights in such content.

ONLINE USER ACCOUNT SECURITY AND PASSWORDS

Authorized Users of the Restricted Sites are provided access to available online data according to their authorized account permissions by way of an online subscriber identification name, or User ID, and a password selected by the User.

Users agree to keep these passwords private and further agree to refrain from sharing the passwords with any unauthorized person or allowing any unauthorized person to log onto or use the Restricted Sites.

Passwords must be kept secure, and should not be revealed over the phone, in an unencrypted e‐mail message, in writing, or stored on a portable data storage device, such as a laptop, flash drive, PDA, or mobile phone. You are solely responsible for any unauthorized use of your User ID and password.

Please notify Answering365 promptly if you become aware that any password information or any area of the Answering365 Websites has been compromised, or if you become aware of any unauthorized access to an account, whether or not such access was by someone who is generally authorized to access the system or is authorized to access other accounts.

ACCESS TO OTHER ONLINE USER ACCOUNTS

Each User's access to the Restricted Sites is limited to that portion of such Answering365 Websites for which the User has authorized account permissions.

If any User obtains unauthorized access to data or information that it knows, or reasonably should know, to be outside the area of its authorization, whether accessed through inadvertent or other means, the User shall immediately exit the area and is prohibited from saving, printing, storing, sending or making any other use of, maintaining, sharing, publishing or otherwise disseminating any data or information so accessed.

Answering365 strives to protect User's account information by employing an array of technological and procedural data security measures, including these Terms of Use.

Unfortunately, no one and no technology can promise absolute data security.  Although we take commercially reasonable data security precautions, the security of online User accounts and information could be compromised by unauthorized entry or use, hardware or software failure, and other factors.

You should promptly notify us of any misuse or unauthorized access that comes to your attention. We reserve the right to make reasonable investigation of any misuse or unauthorized access of secure information, including User's online accounts, and to contact law enforcement as we deem necessary or appropriate.

By accessing and using the Answering365 Websites after the effective date of these Terms of Use, you agree to cooperate with us in this regard and to abide by these Terms of Use.

PRODUCTS & SERVICES

Display of a product or service offering on the Answering365 Websites is not a guarantee that the product or service offering is currently available or that it will be available on the Answering365 Websites when you visit again.

Any description or reference to non‐Answering365 products or services in the Answering365 Websites is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by Answering365.

DISCLAIMERS, LIABILITY WAIVERS, LIMITATION OF DAMAGES, INDEMNITY AND OTHER IMPORTANT TERMS

ANSWERING365 IS NOT RESPONSIBLE FOR THE COMPLETENESS, TIMELINESS, ACCURACY OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, GENERATED OR MADE AVAILABLE VIA THE ANSWERING365 WEBSITES (THE "INFORMATION"), NOR FOR ANY DECISIONS OR ACTIONS THAT YOU MIGHT TAKE BASED ON INFORMATION. THE USE OF INFORMATION, OR RELIANCE ON IT, IS ENTIRELY AT YOUR OWN RISK. ANY SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE EXPERT, PROFESSIONAL, FINANCIAL OR LEGAL ADVICE OR OPINION. THE ANSWERING365 WEBSITES AND ALL INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THE ANSWERING365 WEBSITES ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT.

 ANSWERING365 DISCLAIMS AND DOES NOT WARRANT THE OPERATION, PERFORMANCE, SAFETY OR SECURITY OF THE ANSWERING365 WEBSITES.

ANSWERING365 MAY TERMINATE, FOR ANY REASON, TEMPORARILY OR PERMANENTLY, IN WHOLE OR IN PART AND WITHOUT PRIOR NOTICE, THE ANSWERING365 WEBSITES, OR YOUR ACCESS TO THEM.

ANSWERING365 SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE ANSWERING365 WEBSITES.

ANSWERING365 SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ANSWERING365 WEBSITES OR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED OR PROVIDED VIA THE ANSWERING365 WEBSITES, INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS.

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Answering365’s liability will be limited to the fullest extent permitted by applicable law.

You agree to indemnify and hold Answering365, and its affiliates, officers, directors, employees, partners, agents and contractors harmless from any and all claims, losses, liabilities, costs  and expenses (including reasonable attorneys’ fees and expenses) arising from or in connection with:

  • your use of the Answering365 Websites (including all products and services available through the Answering365 Websites) and Information,
  • your failure to comply with these Terms of Use or other Answering365 Websites policies, or
  • your violation of any rights of another person through your use of the Answering365 Websites.

Answering365 reserves the right to modify these Terms of Use and all guidelines, rules and policies pertaining to the Answering365 Websites, from time to time, without prior notice and at our sole discretion.

Your use of the Answering365 Websites following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified.

The last date these Terms of Use were modified is the effective date set forth above.

These Terms of Use are deemed to incorporate by reference all other notices, policies, disclaimers and other terms contained in the Answering365 Websites.

If a conflict exists between such other notices, policies, disclaimers and terms and these Terms of Use, these Terms of Use shall control.

If any part of these Terms of Use is invalid, the remaining provisions or parts thereof shall remain effective.

These Terms of Use, as modified from time to time and including any policies that are incorporated by reference, set forth the entire understanding and agreement between you and Answering365 with respect to the subject matter hereof.

Answering365 shall not be liable for any delay or failure in performance under these Terms of Use or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any other cause beyond the reasonable control of Answering365.

These Terms of Use are governed by, and will be interpreted under, the laws of the State of California without regard to choice or conflicts of law rules.

Any legal action regarding these Terms of Use shall be commenced and heard in the Central District Court of California Western Division  or the United States District Court for the Central District of California. **

You agree to submit and consent to the jurisdiction and venue of these courts, irrevocably waive any right you may have to commence any action against Answering365 in any other court and irrevocably waive any rights or defenses in any such action based on lack of personal jurisdiction or improper or inconvenient venue.

The Answering365 Websites are operated by Concorde Communications from the United States of America.  Answering365 makes no representation that the information in the Answering365 Websites is appropriate or available for use in other locations, and access to the Answering365 Websites from territories where the content may be illegal is prohibited.

Those who choose to access the Answering365 Websites from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

No waiver of your breach of these Terms of Use will be a waiver of any other or subsequent breach.

TERMINATION/ACCESS RESTRICTION

Answering365 reserves all rights associated with providing services and information through the Answering365 Websites, including the right to terminate the use of and access to Answering365 Websites for any misuse of the sites or the information contained therein.

Users and the respective organizations that they are associated with or represent in relation to the Restricted Sites will be held responsible for any violation of the terms of these Terms of Use and Answering365 will, in connection with any violation, pursue such penalties and remedies as the law provides.

If you have any questions about these Terms of Use, your online User account information or the acceptable use of your online User account access, please contact Answering365 in writing at Answering365@Answering365.com; or by telephone at 800-800-4411.