Terms of Service

Last Updated.
March 8, 2016

 

 

Acceptance.

 

Curb Call, Inc. (Curb Call) owns and operates the website www.curbcall.com (the Site).  Curb Call also develops, operates and distributes certain software applications, which include hosted applications, widgets and APIs (which are deployed at third party websites) and applications for mobile devices (collectively, the Apps).  The Site and the Apps, together with the services that are provided at the Site and/or via the Apps (including services for matching, scheduling, managing and communicating between Buyers and Agents about real estate listings and showings; emergency contact services; and data collection, storage, analysis and reporting tools, functions and services), are collectively referred to as the Service.

 

The Service is offered and provided subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service).  The Terms of Service shall be deemed to include all other operating rules, conditions, policies and procedures that are referred to herein or that may otherwise be published by Curb Call, from time to time, at the Site or via any App (collectively, Policies), including without limitation, the Privacy Policy.

 

if you do not agree to all of these Terms of Service, or if YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, then do not register for, download, access or use the Service.  downloading any app, COMPLETING OUR REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS OF SERVICE, WITHOUT MODIFICATION.

 

 

Updates.

 

Curb Call reserves the right, at its sole discretion, to update, modify or replace the Terms of Service (including any Policy), in whole or in part, at any time.  Curb Call will use reasonable efforts to notify you of any material change in advance of the effective date of any change.  Change notices may be communicated by postings at the Site, via the Apps, email, SMS text message or otherwise.  In any case, you should periodically check the Policies and other Terms of Service for changes.  Continued access or use of the Service following any change to the Terms of Service constitutes your acceptance of those changes.  The Terms of Service may not otherwise be amended, as they apply to you, except by a written agreement executed by you and Curb Call.

 

Curb Call may update, modify, suspend or terminate the Service (including without limitation, the Site or any App), in whole or in part, at any time.

 

 

Eligibility.

 

Curb Call intends that the Service be made available only to individuals who (a) are at least 18 years old and (b) are either a Buyer or Agent.  As used in the Terms of Service: Real Estate Partners are entities that are real estate agencies, brokerages, aggregators or search firms, which have contracted with Curb Call to implement a widget App in their website; Buyers are individual who are interested in purchasing, leasing or renting real estate (apartments, condominiums, single or multi-family homes or commercial property); Agents are individual brokers, agents or other real estate professionals; and Emergency Contacts are not users of the Service, but are individuals who have been designated by an Agent (who uses the CurbCall Protect™ App) to receive emergency notices concerning that Agent.

 

If you do not qualify, then you are prohibited from downloading, accessing, using and registering for the Service.  Curb Call will not collect personally identifiable information from any person who is actually known to us to be under the age of 13.  If we become aware that a person under 13 has provided personally identifiable information, Curb Call will take steps to remove such information and terminate that individual’s account, access and use of the Service.

 

Subject to compliance with applicable laws and regulations, Curb Call may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.

 

 

Registration.

 

Although you may be able to visit the Site or download Apps without registering, you may not be able to access or use any valuable aspect of the Service.

 

The Service may be accessed:  by visiting the Site directly; or by using a widget App that resides within a Real Estate Partner’s website; or by using a mobile App that is downloaded from a Channel Partner (or Curb Call).  Once activated, widget and mobile Apps communicate with Curb Call’s web servers.  The term Channel Partner means any distribution platform operator or other third party who is authorized to make mobile Apps available for distribution pursuant to arrangements with Curb Call.  Currently, the only Channel Partners are Apple Inc. (Apple) for iOS devices via the App Store, and Google Inc. (Google) for Android devices via Google Play.  The term Business Partners refers to and includes all Real Estate Partners and Channel Partners.

 

Regardless of how you access the Service, to ensure the integrity of the Service, you will be required to complete an account registration process that requires you to provide Curb Call with current, complete and accurate information, as more specifically required by then current procedures and operational prompts.

You will be required to provide at least the following information in order to establish your account and register for and use the Service:  name, location, email address, mobile telephone number, username, password and certain preferences and permissions.  You are required to maintain and update your registration data from time to time, to ensure that it is always current, complete and accurate.

 

Curb Call may refuse to accept your application to register for the Service, in its sole discretion.  Upon acceptance, Curb Call will activate the access credentials for your account.  You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and you will be solely liable for any and all activities under your account.  You agree to notify Curb Call immediately of any unauthorized use of your account or any other breach of security related to the Service.

 

 

Fees and Payments.

 

In order to use the Apps, you hereby agree to pay all applicable fees in the amounts, at the times and subject to the other payment terms specified by Curb Call and as described in these Terms of Service.  Accordingly, you will be required to provide a valid credit card number and associated information needed to charge the card, which will be collected and used by our payment processor, not Curb Call.  Currently, our payment processor is Braintree, a division of PayPal, Inc

 

Agent hereby accepts and agrees to pay when due all charges that comply with these Terms of Service.  Unless specified otherwise, all payments shall be paid when in US dollars, in full  without set-off, counterclaim or deduction.  Any amount not paid when due shall bear a late payment charge until paid at the rate of 1.0% per month or the maximum amount permitted by law, whichever is less.  If any payment is past due, Curb Call reserves the right to take whatever action it deems appropriate (including without limitation, suspending access to the Service or disabling or terminating the applicable account).  You agree to reimburse Curb Call for all reasonable costs (including attorneys’ fees) incurred in collecting payments. All payments to Curb Call are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be liable for the payment of all such charges (excluding taxes based upon Curb Call’s net income).

 

In the event of a disputed charge, you should contact Curb Call first and attempt to resolve the matter with our customer service representatives.  All refund requests must be made by you to customer service within one month after the date of the disputed charge.  If any hold or charge-back is made to your credit card without first contacting customer service, then Curb Call has the right to suspend your account indefinitely, until the dispute is resolved.

 

We reserve the right:  to change our prices; to designate additional or different Apps (or other parts of the Service) for which a fee will be charged; and to permit or require that payments be made in another manner (such as, for example, PayPal, Google Wallet or Amazon Payments).

 

Each Buyer and Agent is responsible for procuring all equipment and services needed to connect to the Service (such as, for example, computers, laptops, smartphones, tablets, Internet services and cellular text and data services).  You understand and agree that standard message and data rates may apply.

 

 

Not Real Estate Services.

 

The CurbCall Connect™ and widget Apps are only tools, which can be used to assist Buyers and Agents in coordinating, scheduling, managing and communicating about property listings and showings.  Curb Call does not offer or provide any kind of traditional real estate services like property rental, leasing, sales, management, inspection, appraisal, title, insurance or mortgage advice or services (collectively, Real Estate Services).

 

To the extent that any Real Estate Services are offered or provided to any Buyer, they are offered and provided solely by the applicable Real Estate Partner and/or Agent, not Curb Call, outside of the Service.  Accordingly, Real Estate Services are not deemed to be within the scope of the Service provided by Curb Call, and Curb Call shall have no obligation or liability regarding Real Estate Services.  Buyers and Sellers are responsible for exercising diligence in deciding whether or not to work with each other.

 

As a result of its limited role as an intermediary between Buyers and Agents, Curb Call has no control over the appropriateness, accuracy, quality, timeliness, scope, legality, price or risks associated with any particular property or listing or the terms or conditions under which Real Estate Services are provided.  Therefore, you agree to release Curb Call from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Real Estate Services (including any bodily injury, death or property damage).

 

Curb Call does not recommend or endorse any specific Real Estate Partner, Agent or Real Estate Service.

 

 

Not Personal Security Services.

 

CurbCall Protect™ is only a tool, which is designed to notify Emergency Contacts in certain specific situations.  CurbCall Protect™ is not failsafe, since its messages may not be sent, received or read by your Emergency Contact.  For example, you might be in an area with weak or no cell coverage; the GPS function of your device might be disabled; your device might run out of power; your Emergency Contact may have withdrawn their consent to receive messages from Curb Call or blocked messages from us; or your Emergency Contact may not be near their device or have it turned on.  Accordingly, CurbCall Protect™ should be used as only one of several precautions that you take related to personal safety.

 

 

Authentication of the true identity of online and mobile users is difficult, and so Curb Call cannot and does not confirm that any Agent or Buyer is the person who they claim to be.

 

Although CurbCall Protect™ will attempt to notify your Emergency Contacts of possible trouble, the Service cannot and does not secure you against serious danger or harm.  Therefore, you agree to release Curb Call from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your personal safety (including any bodily injury, death or property damage).

 

 

Privacy.

 

Curb Call’s current Privacy Policy is available at www.curbcall.com/privacy.  It is important that you read and understand the Privacy Policy, especially because the nature of the Service necessarily involves the collection and use of personally identifiable information and other personal data (Personal Data).

 

The most current Privacy Policy will apply to any and all use of the Site, Apps and other aspects of the Service.  Curb Call will not intentionally edit, modify, delete or disclose the contents of your Personal Data or other Service Data (as defined below) in connection with the Service except (a) as reasonably necessary for Curb Call (or its service providers) to operate the Service, including processing and responding to your inputs, (b) to communicate with Buyers, Agents, Emergency Contacts and Real Estate Partners, (c) as otherwise permitted under the Privacy Policy or elsewhere in the Terms of Service, (d) when Curb Call reasonably believes that such action is necessary to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, to protect or defend the rights or property of Curb Call or any third party or to enforce the Terms of Service or (e) otherwise authorized by you.

 

For Agents using the CurbCall Protect™ App, you hereby represent, warrant and covenant that:  you have secured prior express consent from each of your Emergency Contacts to receive email and SMS text messages from Curb Call in connection with your use of the Service; and you will immediately notify us if any Emergency Contact withdraws their consent or changes their contact information, by sending an email with all pertinent details to support@curbcall.com.

 

 

Service Data and Analytics.

 

The Service collects, stores, processes and analyzes Service Data and produces Analytics.  Accordingly, whenever you interact with the Service, a variety of technologies are employed to automatically or passively collect Service Data.

 

The term Service Data means all data and information that are provided by you during registration and subsequent use of the Service (including messaging related to your inquiries regarding Real Estate Services), and all other data and information about you that are otherwise discerned or collected by Curb Call based on your access and use of the Service.  For clarity, Service Data includes, but is not limited to:  Personal Data; browser type; device type; device identifiers; operating system; time of day; identification of Site or App page views; use of particular Service features (such as, for example, viewing or responding to queries from Buyers or Agents); calendar schedule; destination; and geographic location.

 

The term Analytics means user profiles and statistics, metrics, abstractions and other analyses that are based on or derived from the Service, Service Data or your use of the Service (including without limitation, measurements of Service usage and performance), which are developed in a manner that does not disclose the identity of any Buyer or Agent (such as, in the aggregate with other data, results and measurements) and that does not disclose any specific Service Data (unless in aggregated or de-identified form).

 

You hereby authorize Curb Call to collect, store and use your Service Data (and to exploit Analytics) in the manner and for the purposes described in these Terms of Service, including without limitation, to:  use Service Data to communicate with you (using email and SMS text messages) and on your behalf to (as applicable) Buyers, Agents, Real Estate Partners and Emergency Contacts; include, copy, disclose, distribute, transmit and display Service Data in communications between Buyers and Agents that have been initiated via the Service; access, record, collect, copy, store, process, analyze and use Service Data to provide the Service (including with regard to the use of Personal Data in messaging between Buyers and Agents and between Buyers and Emergency Contacts); develop, improve, extend and test the Service (and underlying technology platforms); to design, develop and produce Analytics; market and promote Curb Call and the Service using Analytics; and disclose, distribute and transmit Service Data and Analytics to Real Estate Partners.

 

 

User Generated Content.

 

At this time, the Service does not provide functions that permit Buyers or Agents to cause or control the uploading or public posting of content or other information they think may be of interest to other users, or that permit Buyers to cause or control messaging with other Buyers or that permit Agents to cause or control messaging with other Agents.

 

 

User Rules and Conduct.

 

The Site, Apps and all other aspects of the Service are provided only (a) in the case of Buyers, for your personal, noncommercial use or (b) in the case of Agents, for your use related to providing Real Estate Services to Buyers (whichever applies, the Authorized Use).  Any unauthorized use of the Service (including without limitation, accessing any aspect of the Service for which you are not authorized, or any commercial use by you, such as, for example, reselling any App or marketing Real Estate Services) is expressly prohibited.  You are solely responsible for all acts or omissions that occur under your account, username or password, including messaging conducted via the Service.

 

As a condition of use, you hereby promise not to use the Service for any purpose that is unlawful, or that is prohibited by the Terms of Service, or for any other purpose not reasonably intended by Curb Call.  You agree to abide by all applicable local, state, national and international laws, regulations and rules.

 

By way of example, and not limitation, you agree not to (a) take any action or (b) provide any Service Data using any communications service, survey, feedback, App or other aspect of the Service, that in any respect:

 

  • is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, pornographic, profane, violent or which otherwise violates the Terms of Service;
  • infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any person or entity;
  • reveals any confidential, proprietary or other information that you are required to keep secret, including without limitation, non-public Personal Data about another individual;
  • discovers or reveals any personal information about another individual, including another person’s Personal Data or any other information that could be used to track, contact or impersonate that person, unless such information has been provided by that person in any public communication or forum;
  • constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”), chain letters or any form of lottery or gambling;
  • imposes an unreasonable or disproportionately large load on Curb Call’s computing, storage or communications systems and networks, or attempts to gain unauthorized access to the Site, any App or other aspect of the Service (including the underlying technology platform), someone else’s Service Data, accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  • contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Curb Call or any Buyer, Real Estate Partner or other third party;
  • registers for or creates user accounts by any automated means or under false or misleading pretenses, including by the use of a false, misleading or disguised email address;
  • harvests, scrapes or collects any information from the Service;
  • uses any script, bot or other automated means that only simulates compliance with the Terms of Service or other requirement applicable to the Service;
  • disguises the source of Service Data; or
  • impersonates any person or entity, including any Buyer or any employee or representative of Curb Call or any Business Partner.

 

Curb Call may, at its sole discretion, immediately suspend or terminate your access to the Service should your conduct fail (or appear to fail) to strictly conform to any provision of this section.

 

Curb Call has no obligation to monitor the Service or any user’s use thereof.  However, Curb Call reserves the right at any time and without notice to monitor, review, copy, retain or disclose any information as may reasonably be necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including any inquiry from law enforcement).

 

If you are an Agent, then you also agree to comply with all terms and conditions of the Service-related contract (if any) between Curb Call and the Real Estate Partner with which you are associated.

 

 

Connections.

 

You may be able to obtain an App, access the Service and/or communicate with the Service from, and you may be able to link or communicate from the Service to, applications, devices, distribution platforms and websites owned and operated by Channel Partners or Real Estate Partners.  These other applications, devices, platforms and websites are not operated or controlled by Curb Call, and you agree that Curb Call is not responsible for the availability, accuracy, legality, appropriateness or any other aspect of the content or function of such applications, devices, platforms and websites.  Any such connection to or from the Service does not constitute or imply any guarantee or endorsement by Curb Call of that application, device, platform or website or any association with its operators.  Additional or different terms and conditions (including without limitation, privacy and security practices) apply when you access and use such other applications, devices, platforms and websites.

 

 

Advertising and Promotions.

 

At this time, the Service does not include advertisements or promotions for or offers from Curb Call, Real Estate Partners or other third parties.

 

 

Proprietary Rights.

 

The Service (including the Site, Apps and underlying technology platforms) and all content, materials, data and other information created by or for Curb Call (or its affiliates or licensors) that is made available via the Service (collectively, Content), are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Curb Call (and its applicable affiliates and licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto.  Unless and only to the extent expressly authorized by Curb Call, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Service or Content.  However, unless the Service states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Content for the purpose of your Authorized Use; provided, that you retain all copyright and other proprietary notices contained therein.  Your systematic retrieval of data or other Content from the Service to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Curb Call’s express prior written permission.

 

If you desire to access or use the Service or Content for any purpose other than Authorized Use, then you must first secure permission from Curb Call or other owner of that Content.

 

Reproducing, copying or distributing any App, or any Content, or any design elements from the Site or any App, for any other purpose is strictly prohibited without Curb Call’s express prior written permission.  Attempting to access or use the Service or Content for any purpose not expressly permitted in the Terms of Service is prohibited.

 

 

Feedback License.

 

If you provide Curb Call with any idea, recommendation or other suggestion regarding possible corrections, changes, improvements or extensions related to the Service or Content (collectively, Feedback), in any form or by any means (whether through the Service or any survey, or by direct communication (e.g., email) with Curb Call or any of its officers, directors, employees, representatives, agents or Business Partners), then you:

 

  • represent and warrant that the Feedback does not include your own or any third party’s confidential or proprietary information; and
  • acknowledge and agree that Curb Call is under no obligation of confidentiality, express or implied, with respect to the Feedback; and
  • agree to grant and do hereby grant to Curb Call, its affiliates, licensees and assigns a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and make derivative works of the Feedback, in any manner, in any media and for any purpose, and to permit third parties to do the same.

 

 

Termination.

 

Curb Call may immediately terminate your access to all or any part of the Service (including without limitation, any App) at any time, with or without cause (including, if applicable, upon instruction from the Real Estate Partner), with or without notice.

 

If you elect to terminate the Service and your registration and account, you may do so at any time by sending an email (that includes your email address) to support@curbcall.com or by going to Settings in the App and choosing “delete account.”  Please be advised that your Service account is not terminated simply by deleting Apps from your mobile device.  Your registration and account can only be terminated by following the process described above in this provision.

 

Upon any termination, all rights and obligations of the parties under the Terms of Service shall cease, and you shall immediately stop accessing and using the Service and Content, except that (a) all obligations that accrued prior to the effective date of termination (including payment obligations, if any) and all remedies for breach of the Terms of Service shall survive, (b) Curb Call may retain and use Service Data in the manner described herein, but without disclosing any Service Data unless in aggregated or de-identified form and (c) the provisions of those sections of the Terms of Service that should reasonably be understood to continue in effect shall survive (including without limitation, the sections entitled Not Real Estate Services, Not Personal Security Services, Service Data and Analytics, Proprietary Rights, Feedback License, No Warranties, Limitation of Liability and Indemnification).  After termination, Curb Call has no obligation to maintain any Service Data or to forward or preserve any unread or unsent messages to you or to any other user or third party.

 

 

No Warranties.

 

THE SITE, APPS, CONTENT AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”.  THE SITE, APPS, CONTENT AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  CURB CALL AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS DO NOT WARRANT THAT:  (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED.  USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY REAL ESTATE SERVICES SHALL BE, IF AT ALL, ONLY AS EXPRESSLY AGREED BETWEEN BUYERS AND THE APPLICABLE AGENTS AND/OR REAL ESTATE PARTNERS.

 

 

Limitation of Liability.

 

You agree that Curb Call (and its affiliates, licensors and Business Partners) shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or for any material or data sent or received or not sent or received through the Service.  You agree that Curb Call (and its affiliates, licensors and Business Partners) shall not be responsible or liable for any Buyer’s or Agent’s threatening, defamatory, obscene, offensive, illegal, violent or other content or conduct or for any Buyer’s or Agent’s violation of another person’s rights, including rights of publicity or privacy rights.

 

IN NO EVENT SHALL CURB CALL (OR ITS AFFILIATES, LICENSORS AND business partners) BE LIABLE CONCERNING ANY SUBJECT MATTER related to the SITE, APPS, content OR OTHER ASPECTS OF THE service, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERwise), for any (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGies, GOODS or SERVICEs, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) damages, IN THE AGGREGATE, in excess of Amounts YOU PAID TO CURB CALL FOR THE SERVICE OR US$100.00, WHICHEVER IS GREATER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.  NOTWITHSTANDING ANYTHING TO THE CONTRARY ABOVE, NOTHING IN THE TERMS OF SERVICES IS INTENDED TO LIMIT OR EXCLUDE LIABILITY OF ANY AGENT OR REAL ESTATE PARTNER AS REGARDING ITS PERFORMANCE OF REAL ESTATE SERVICES.

 

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

 

Indemnification.

 

You agree to (a) defend Curb Call, its affiliates, licensors and Business Partners, and their officers, directors, employees, contractors and representatives (Indemnitees) against any action or suit by a third party that arises out of any transaction or other dealings between you and any other Buyer, Agent, Emergency Contact or Business Partner, your use or misuse of the Service, or your breach of any of your representations, warranties or covenants under the Terms of Service and (b) indemnify the Indemnitees for liabilities (resulting from settlements or judgment awards), costs and expenses (including without limitation, penalties and reasonable attorneys’ fees) related to such claims.  In addition, Curb Call reserves the right to assume the exclusive defense and control of any matter subject to the foregoing indemnity, in which event you will assist and cooperate with Curb Call in asserting any available defenses.

 

 

International Use.

 

You hereby expressly consent to the transmission, collection, storage, processing and use of the Analytics and your Service Data within, from and to the United States, in addition to the country where you are located (if not the United States).  Curb Call makes no representation that the Service is accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Service (including with regard to the provision, collection or processing of Personal Data and other types of Service Data) is prohibited from territories where doing so would be illegal.  If you access or use the Service from other locations, then you do so at your own initiative and risk and are solely responsible for compliance with local laws.

 

 

Governing Law; Arbitration.

 

A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You and Curb Call agree that any claim or cause of action arising out of or related to the Service must be commenced within 1 year after the claim or cause of action arose.  Otherwise, such claim or cause of action is permanently barred.

 

The Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, excluding its conflicts of law rules.  In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service.

Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Service shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules.  The arbitration shall take place in Boston, Massachusetts, USA.  The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein.  The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Service.  The decision and award rendered shall be final and binding on both parties.  The parties acknowledge and agree that the Terms of Service and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Judgment on the award may be entered in any court of competent jurisdiction.

 

ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND CURB CALL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

 

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.

 

 

Integration.

 

The Terms of Service (including all then current Policies) are the entire agreement between you and Curb Call with respect to access, use and operation of the Service, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Curb Call with respect to the Service.  If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.

 

 

General Provisions.

 

Your rights and obligations under the Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Curb Call’s prior written consent.  Curb Call may subcontract, delegate, assign or otherwise transfer any or all of its rights, licenses and obligations hereunder without your consent.  All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect.  All notices under these Terms of Service will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email.

 

 

Copyright and Trademark Notices.

 

The Terms of Service, the Site and all Apps and Content provided by Curb Call are copyright © 2016 Curb Call, Inc. and/or its licensors or suppliers.

 

CURB CALL, CURBCALL, CURBCALL CONNECT and CURBCALL PROTECT are the trademarks of Curb Call.  The names and logos of companies, products or services mentioned at the Site and in any App may be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between Curb Call and such owners.

 

All rights not expressly granted herein are reserved.

 

 

Channel Partner Terms.

 

In the event that you obtain an App from one of our Channel Partners, then the following shall apply:

 

  1. Both you and Curb Call acknowledge that the agreements in the Terms of Service are concluded between you and Curb Call only, and not with any Channel Partner, and that the Channel Partner is not responsible for the App or Content;
  2. You will only use the App in connection with a device that you own or control;
  3. You acknowledge and agree that the Channel Partner has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  4. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify the applicable Channel Partner of such failure; upon notification, their sole warranty obligation to you will be to refund to you the purchase price, if any, paid for the App;
  5. You acknowledge and agree that Curb Call, and not the Channel Partner, is responsible for addressing any claims you or any third party may have in relation to the App;
  6. You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Curb Call, and not the Channel Partner, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  8. Both you and Curb Call acknowledge and agree that, in using the App and Content, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
  9. Both you and Curb Call acknowledge and agree that the applicable Channel Partner and its subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of the Terms of Service, the applicable Channel Partner will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as the third party beneficiary hereof; and
  10. In the event you use the App to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

 

 

Contact.

 

If you have any questions regarding the Terms of Service or your dealings with the Service, please visit www.curbcall.com/terms or contact us at:

 

Curb Call, Inc.
Attn: Terms of Service
500 Atlantic Avenue
Boston MA  02210
Email: support@curbcall.com