You have accessed the Terms and Conditions applicable to the Professional Voice Greetings, LLC Website.
Each User of the Professional Voice Greetings, LLC Website agrees to the following:
The parties to these Terms and Conditions are you, and the owner and operator of this web site: Professional Voice Greetings, LLC (“PVG”). All references to "we", "us", “our”, "this web site" or "this site" shall be construed to mean PVG.
YOU AGREE TO SEND AND RECEIVE ELECTRONIC MAIL, RESPOND TO INQUIRIES OR REQUESTS FOR ADDITIONAL INFORMATION, DOWNLOAD AND UPLOAD FILES, AND OTHERWISE USE THIS WEBSITE ONLY AS PERMITTED BY THESE TERMS AND CONDITIONS, ANY ADDITIONAL POLICIES OR PROCEDURES PUBLISHED ON THIS WEBSITE FROM TIME-TO-TIME BY PROFESSIONAL VOICE GREETINGS LLC, AND ALL APPLICABLE LAW.
These Terms and Conditions constitute the entire agreement and understanding between you and PVG with respect to use of the PVG Website, superseding all prior or contemporaneous communications and/or proposals. A printed version of the Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
NON-CONFIDENTIALITY OF COMMUNICATIONS
If you send a message or information to the PVG website, such as (but not limited to) an e-mail to the Webmaster, you hereby grant PVG the right to use and disclose the communication and any related information as PVG deems appropriate, except to the extent the Terms and Conditions specify otherwise. YOU ARE HEREBY ADVISED THAT, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE ON THE PVG WEBSITE, NO FACILITIES ARE PROVIDED AND NO PROVISIONS MADE FOR SENDING OR RECEIVING CONFIDENTIAL COMMUNICATIONS. TO THE EXTENT SUCH FACILITIES ARE PROVIDED OR PROVISIONS ARE MADE, IT IS SOLELY ON AN “AS IS” BASIS, WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NO WARRANTIES; LIMITATION OF LIABILITY
PVG MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF INFORMATION, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN.
PROFESSIONAL VOICE GREETINGS SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, WHETHER EXPRESS OR IMPLIED.
YOU UNDERSTAND AND AGREE THAT THE INTERNET IS ACCESSIBLE BY PERSONS WHO MAY ATTEMPT TO BREACH THE SECURITY OF PROFESSIONAL VOICE GREETINGS’, YOUR, AND USER’S NETWORKS. PVG DISCLAIMS ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE ACTIONS OF THIRD PARTIES, AND YOU SPECIFICALLY ACKNOWLEGE AND AGREE THAT YOUR ACCESS TO PVG SERVICES IS AT YOUR OWN RISK. Except where expressly indicated otherwise, transmissions to and from this Website or directed to PVG, including e-mails, are not sent in a secure form and can be intercepted by third parties. You specifically acknowledge and agree that PVG is not liable for the conduct of any third party.
PROFESSIONAL VOICE GREETINGS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ALL ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION.
ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, AUDIO, PICTURES, LOGOS, ICONS, AND OTHER ITEMS (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.
PROFESSIONAL VOICE GREETINGS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY YOU OR THIRD PARTIES; SERVICE INTERRUPTIONS (EXCEPT WHERE A CREDIT IS EXPLICITLY SET FORTH IN A SALES ORDER), OR LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR, UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF EITHER YOUR APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK, OR SYSTEMS OR THOSE OF THIRD PARTIES.
Under no circumstances, including, BUT NOT LIMITED TO, negligence, shall PVG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS, OR their RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS, or anyone else involved in creating, producing, storing, or distributing the PVG website be liable for any DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY direct, indirect, incidental, special, PUNITIVE, or consequential damages and expenses, WHETHER UNDER A CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH USE OF THE PVG WEBSITE OR INABILITY TO USE THIS WEBSITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LOSS OF USE RELATED TO THIS WEBSITE, EVEN IF PVG IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR THE INABILITY TO USE THE PVC WEBSITE AND SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In no event will PVG be liable for any damages whatsoever arising out of or related to the any third party website, any third party services, or any information contained in or linked to the PVG website or any other website
PVG MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEBSITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION, OR REQUIREMENT.
PVG reserves the right to review any text that you submit as part of a voice greeting purchase, and minor edits may be made. Although PVG will make reasonable efforts to provide customer satisfaction, PVG may, at its discretion, decline to record any text submitted for a voice greeting for any reason at any time.
We assume no responsibility for factors beyond our control that may affect the quality of a recorded voice greeting we supply once it is uploaded to your phone system. Because phone systems used by our customers provide various levels of quality and service, we cannot guarantee the quality of the voice greeting we provide when played by your phone system.
USE OF THIS SITE IS AT YOUR OWN RISK. AS A CONDITION OF THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PROFESSIONAL VOICE GREETINGS, ITS OFFICERS, DIRECTORS,EMPLOYEES, AUTHORIZED REPRESENTATIVES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL LIABILITIES, ACTIONS, DEMANDS, DAMAGES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR ALLEGED TO ARISE OUT OF CLAIMS INVOLVING USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, AUDIO MATERIALS, OR OTHER MATERIALS DOWNLOADED, UPLOADED, POSTED, DISTRIBUTED, OR TRANSMITTED TO OR THROUGH THIS SITE BY YOU.
YOU AGREE TO INDEMNIFY PVG AGAINST ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY YOU OF THESE TERMS AND CONDITIONS. IF YOU ARE DISSATISFIED WITH THE PVG WEBSITE, ANY PVG PRODUCTS, SERVICES, OR MATERIALS, OR PVG’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
Professional Voice Greetings reserves the right to make, at its sole discretion, any and all modifications to this Website, and its services and products without any notice to you, effective immediately. PVG may terminate any and all web offerings without prior notice.
PVG further reserves the right to change, modify, add, or remove, at its discretion, the Terms and Conditions included in this website at any time without notice to you, effective immediately.
FEES, BILLING, AND PAYMENT TERMS
As consideration for any service(s) that you select, you agree to pay PVG the applicable service(s) fees. Payment for all products and/or services rendered will be reserved immediately upon your placement of an order. Payment of all fees will be collected upon notification via e-mail and/or first class mail that your product is complete and available. PVG may take all remedies available to collect fees owed. Any new purchase of any service(s) with us is subject to the Terms and Conditions current at the time of that purchase and payment of all applicable service fees at the time of new purchase.
PVG reserves the right to terminate your privilege of using all or any portion of the PVG Website at any time without prior notice and for any reason, including, but not limited to, breach of any of these Terms and Conditions. PVG reserves the right to deny access to this Website and its services to anyone at any time for any reason and without prior notice. In the event of termination of access or expiration of services, all Terms and Conditions regarding disclaimers, warranties, limitation of liability, use of information, copyright and trademark shall survive.
COPYRIGHT AND TRADEMARK
PVG specifically prohibits access to this Website for any unlawful purpose. Except for material in the public domain under United States copyright law, all material contained on the PVG Website is protected by the United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, distribute electronically, link to third party sites, or sell any materials or information or other content contained on this Website without the prior consent of the copyright owner. None of the materials contained on the PVG website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold, or redistributed without the prior written consent of PVG. Violation of this provision may result in severe civil and criminal penalties.
Requests to reproduce materials on the PVG Website for distribution or other purposes should be mailed to:
Professional Voice Greetings LLC
17 Lincoln Street
Plymouth, MA 02360
All contents of this website are Copyright 2011 PVG (address) protected by international copyright law. All rights reserved.
Without limiting the foregoing, PVG’s services shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right, or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory.
PVG will determine, at its sole discretion and on a case-by-case basis, whether a violation has occurred and whether action will be taken in response to a violation. PVG reserves the right to release the names of customers involved in violations of the foregoing to valid law enforcement authorities investigating illegal activities. You agree to reimburse PVG for all legal costs, personnel costs, and processing costs associated with assisting law enforcement in the investigation of illegal activities associated with your use of this website.
CHOICE OF LAW; ACCESS RESTRICTIONS
You specifically agree that these Terms and Conditions and use of the PVG website shall be governed by the laws of the Commonwealth of Virginia, United States of America, excluding provisions of Virginia law concerning choice-of-law that would result in the application of the laws of any state other than Virginia or the laws of any country other than the United States. The PVG Website is not intended to subject PVG to the laws or jurisdiction of any state, country, or territory other than the Commonwealth of Virginia and the United States of America.
By accessing this Website, you hereby irrevocably consent to the sole and exclusive jurisdiction of the state courts of the Commonwealth of Virginia and venue in any court of competent jurisdiction in Arlington County, Virginia, or, if federal jurisdiction exits, then in United States District Court for the Eastern District of Virginia. THE COURT SITTING WITHOUT A JURY WILL TRY ALL SUCH ACTIONS AND BOTH PARTIES IRREVOCABLY WAIVE THEIR RIGHTS TO A TRIAL BY JURY.
This site is controlled and operated by PVG from its principal office in the Commonwealth of Virginia and is intended for use only in the United States. Not all services are available in all geographic areas within the United States. PVG makes no representation or warranty that the information contained in or linked to the PVG website is appropriate, accessible, or legally available for use in other locations; access to this site from locations where its contents are illegal is not authorized. If you choose to access this website from outside the United States, you do so on your own initiative and at your own risk and you are solely responsible for ensuring that such access and use is permissible under the laws of the jurisdiction where you are located. Your eligibility for particular services is subject to final determination and acceptance by PVG.
These Terms and Conditions do not provide any third party (including Users) with any remedy, claim, liability, reimbursement, cause of action, or other rights or privileges. You expressly acknowledge and understand that you SHALL NOT BE DEEMED A“THIRD PARTY BENEFICIARY” TO THIS AGREEMENT.
You authorize the specific individual(s) listed on the Sales Order to act on your behalf in connection with the services provided by Professional Voice Greetings. Professional Voice Greetings will not be required to take any direction from individuals not listed. If you desire to have other individuals act on you behalf, you shall notify Professional Voice Greetings in writing of such individual’s name, phone number, fax number, and e-mail address.
LINKS TO THIRD PARTY WEBSITES
The PVG Website may contain links to websites maintained by third parties. Third-party websites are provided solely for your reference and convenience. PVG does not operate or control in any respect any information, products, or services contained in such third-party sites. Except to the extent expressly stated otherwise on this Website, PVG does not endorse any product or services provided by third-party websites linked to the PVG Website.
You assume sole responsibility and risk for use of third-party links. All disclaimers included in the Terms and Conditions are equally applicable to such third-party websites. PVG makes no representations or warranties, express or implied, concerning the content of such third-party websites, including the accuracy, completeness, reliability, or suitability for any particular purpose; nor does PVG warrant that such website or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that the website is devoid of viruses or other contamination. PVG makes no assurance as to the privacy, security, or authenticity of any communications between you and third-party websites and disclaims responsibility for the privacy policies, customer information practices, and security mechanisms of the third-party websites linked to the PVG website.
LINKS TO PVG WEBSITE
Unless you are subsequently advised otherwise by PVG, you are hereby licensed to create hyperlinks to the content on the PVG Website, provided that the hyperlink accurately describes the content as it appears on this Website. PVG reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after fourteen (14) days. UNDER NO CIRCUMSTANCES MAY YOU “FRAME” THE WEBSITE OR ANY OF ITS CONTENT OR COPY PORTIONS OF THE WEBSITE TO A SERVER, except as part of an internet service provider’s incidental caching of pages. Each page within the PVG Website must be displayed in full (including all trademarks, branding, and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the PVG Website.
No waiver by PVG of any right or term or provision of these Terms and Conditions will be deemed to be a waiver of any other right, term, or provision of these Terms and Conditions at that time or at any other time unless expressly stated by PVG in writing.
Notices AND ANNOUNCEMENTS
All written notices required pursuant to these Terms and Conditions, with the exception of invoices, invoice disputes, and late payment notifications, which may be sent via electronic mail, fax, or first class mail, shall be either mailed certified or registered mail with return receipt requested, sent by express courier, or hand delivered to the address that you provide.
You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services, and/or other relevant matters. If you do not wish to receive bulk e-mail solicitation notices or announcements, then please contact us through the ‘Contact Us’ page on our Website at www.provoicegreetings.com.
Professional Voice Greetings, LLC treats e-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 ("ECPA"). The ECPA permits PVG limited ability to intercept and/or disclose electronic messages, including, for example (1) as necessary to operate the system or protect PVG’s rights or property, (2) upon legal demand (court orders, warrants, subpoenas), or (3) where PVG receives information inadvertently that appears to pertain to the commission of a crime. You should be aware that electronic messages may be intercepted lawfully or unlawfully outside of PVG’s services. PVG is not responsible for the privacy of any data and/or e-mail that is incorrectly routed to PVG.
The USA Patriot Act provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all of our legal obligations, and availing ourselves of all our rights, under the USA Patriot Act.
The right to use this Website or any of its contents and your rights under the Terms and Conditions are not transferable or assignable to any other person or entity. Any attempt by you to transfer or assign your rights shall render these Terms and Conditions voidable at our discretion.
You are responsible for all use of your account (under any screen name and password) and for ensuring that all use of this Website through your account complies fully with the Terms and Conditions set forth herein.
To the extent that any portion of these Terms and Conditions is determined to be unlawful or unenforceable by a court of competent jurisdiction, the remaining Terms and Conditions shall remain in full force and effect. Such unlawful or unenforceable portion will be modified by the court solely to the extent necessary to cause such portion to be lawful or enforceable while reflecting, as nearly as possible, the original intentions of the parties.