Terms of Service

CallGator, Ltd. (“CallGator”), a Hong Kong limited liability company, provides callgator.io (“the site”), mobile application(s), desktop application(s) and various related services (collectively, the “site”) to You, the user, conditioned upon your agreement to and compliance with all the terms, conditions and notices contained herein (the “Terms”).

BY USING CallGator.COM AND ANY OTHER CONTENT PROVIDED BY OR THROUGH CallGator, YOU CONSENT TO BE BOUND BY THESE TERMS, WHICH WE MAY AMEND AT ANY TIME. USERS WHO DON’T WANT TO BE BOUND BY THESE TERMS SHOULD CEASE BROWSING CallGator’S WEBSITE OR USING ANY OF ITS SERVICES OR PRODUCTS OFFERED BY OR THROUGH CallGator. YOUR AGREEMENT WITH OUR TERMS BEGINS THE MOMENT YOU START USING ANY CallGator WEBSITE PAGE, PRODUCT, OR SERVICE.

Application and Amendment

Every client, customer, or user of any content or services of CallGator is subject to these Terms of Service. CallGator has the right to, and will, make modifications of these Terms of Service at anytime. You have the responsibility to view this page to see if there are changes made in these Terms set by the site owner. Changes to these Terms are retroactive unless otherwise noted by CallGator.

Continued use of this site after the changes have been made in these Terms and Conditions signifies your agreement of the Terms and Conditions as amended.

Description of Products and Services

Services available through CallGator include, but are not limited to, personal customer service, provision and creation of digital documents, spreadsheets, and other files or digital content, and the provision of HTML and other code designed to be used in connection with customers’ websites and website marketing campaigns. Services provided by CallGator also include other tasks which are required by the customer in accordance with the given specification for a certain project.

CallGator and its affiliates have the power to revise or terminate the existence of this site as well as any of the site’s features, products, or services at any time with or without prior notice to You. In no event will CallGator be responsible for any liability incurred by you or any third party as a result of these changes should we decide to exercise such right. These Terms shall apply to all new services this site may offer or provide.

Payment for Products and Services

You agree to pay any fees, costs, or other amounts CallGator may charge you in connection with the products or services rendered to you by CallGator and its affiliates. Prices and rates for CallGator services and products are available on the website and upon request from CallGator at any time. Plans are billed on an automatic recurring basis and may be cancelled at anytime with written notification to our customer support team. Refunds can only be provided for the most recent month assuming the cancellation notice is received within 7 days of client being charged. There will be no refunds if a subscription account of a user is or was inactive.

By choosing an annual or semi-annual plan you understand you are receiving a volume discount for prepayment of services. Partial refunds for cancellations prior to a semi-annual or annual contract period being completed will not be granted.

If your daily unique surpasses the plan you have registered for – you will be informed that this has occurred – and then within 48 hours you will be automatically upgraded to the appropriate plan.

Registration Data and Privacy

Services on this site can only be accessed by filling out an online registration form in which you will be required to create an account with a password. With this, note that you will be required to key in personal information and that such information is necessary, in any event, should you wish to visit and/or update your account. You agree and affirm that all contact and other information provided by You to CallGator is accurate, true, and correct. CallGator will not sell your personal information, or share any of your information with unaffiliated third parties, and will only use your information in the provision of services by or through CallGator.

Copyright

You warrant that you own the content on any website or business that is the subject of any CallGator campaign or other CallGator service(s), or you have express written permission to use the content (videos, text, documents, photos, etc). In the event your rights in the content of your website is in any way limited, you agree to hold CallGator Ltd. harmless and indemnify CallGator Ltd. in the event any claim whatsoever is made to or about content uploaded to, or used in connection with, CallGator.com. CallGator assumes no responsibility for your use of your own content in your campaigns. CallGator reserves the right to cancel any advertisement, campaign, or even a customer subscription at any time without notice if any customer violates the provisions of this Section.

CallGator owns copyright and all other rights to all its content, advertisements, trademarks and service marks. CallGator does not grant its customers any license to display or otherwise use any such content.

No Warranty

CallGator makes no warranty that its products or services will produce any particular result or results for a customer. Notwithstanding any suggestion to the contrary contained in any part of CallGator’s website, CallGator makes no guarantee as to clicks, conversions, or revenue generation in connection with a CallGator campaign.

To the fullest extent permitted by law, the products and services of CallGator are provided “as is” and at customer’s sole option and risk and neither CallGator nor any of its affiliates make any guarantee in connection with the products or services or the results of either.

No Resale or Subcontracting

CallGator.com is available only to those valid management employees of a customer business who are of legal age and are capable of establishing legally binding contracts on behalf of their employer under the Terms and all applicable laws.

The services and products provided by or through CallGator shall be used only by a registered company or individual who purchases a subscription or campaign from CallGator. These Terms, and the services and products of CallGator are not assignable by a customer and not assumable by any third party without the express written consent of CallGator. Customers may not relay, re-sell, subcontract, or otherwise hypothecate products or services purchased from or through CallGator without CallGator’s express written consent.

Limitation of Liability

You agree to release, hold harmless, and indemnify CallGator, Ltd. for any loss or claim of loss against CallGator arising from Your use of CallGator’s website, services, or products. You agree to defend, indemnify and hold harmless CallGator, Ltd., its agents, affiliates, and licensors from any third party claim or liability arising out of or related to CallGator’s services or products, and breach of these Terms. Furthermore, You agree to release, indemnify and hold harmless CallGator for any claim or action arising from CallGator’s services, website, or products, including damages stemming from loss of revenue, loss of use, physical damage to or loss of property, personal injury, or contract damages, consequential damages, special, general, or punitive damages, or injunctive relief.

Arbitration

Prior to the bringing of any claim or action in any court relating to these Terms, any controversies arising out of these Terms shall be settled in Reno, Hong Kong in accordance with the rules of the American Arbitration Association, or other rules or procedures as the parties may mutually agree, and the judgment upon award may be entered in any court having jurisdiction thereof.

Choice of Law and Forum

The laws of the State of Hong Kong shall govern the validity of these Terms, their construction, and the interpretation of the rights and duties of the parties hereto. The parties agree that any claim or action relating to these Terms shall be brought in the state or federal courts having jurisdiction over Washoe County and Reno, Hong Kong.