TERMS OF USE

The user of this Website ("User"), in consideration of the provision of services to User through this site, agrees with Switchboard Communications ("Switchboard") as follows:

1. User warrants and represents that any use of this Switchboard Online website (the "Site") to deliver automated and/or prerecorded telephone calls shall be made by and on behalf of a non-profit organization or political organization or committee.
2. In no event shall User make use of this Site to generate telephone calls to any person for the purpose of soliciting the purchase of goods or services.
3. In no event shall User make use of this Site to deliver automated and/or prerecorded calls for the purpose of soliciting the making of a contribution or donation of money of anything of value, for any purpose.
4. In no event shall User make use of this Site to deliver telephone calls, whether live or automated/prerecorded, to any emergency telephone line, including any 911 line, or to any emergency line of a hospital, medical physician or medical service office, health care facility, poison control center or fire protection or law enforcement agency; or to the telephone line of any guest or patient room of a hospital, health care facility, elderly home or similar establishment.
5. User understands that federal law strictly prohibits the making of any automated or prerecorded call to any cellular telephone number without the prior express consent of the called party and User agrees not to use the Site to make such prerecorded or automated calls.
6. User understands, agrees, warrants and represents that any script for live outbound telephone calls submitted to the Site, in which contributions or donations will be solicited for any organization, will comply with the Telephone Consumer Protection Act and the Telemarketing Sales Rule issued by the Federal Trade Commission.
7. User understands and agrees that federal law requires that any automated or prerecorded call must state at the beginning of the message the identity of the business, individual or other entity initiating the call and must during or after the message state clearly the telephone number or address of such business, other entity or individual. User agrees to abide by this requirement.
8. User represents and warrants that any records downloaded to the Site for the purpose of making outbound telephone calls, whether live or automated, consist of and/or are derived from data which User has the right to use for the purposes for which such data is downloaded; and that, to the extent such data is compiled from voter files or voter records in any state, that the use made by User through the Site complies with all applicable State laws.
9. User understands that the laws of certain states ban the making of any automated or prerecorded call for any purpose without the prior consent of the party called or, in certain cases, an established business relationship. User understands and agrees that the laws of certain states impose other or additional requirements on the making of automated or prerecorded calls, including additional disclaimers, the registration with or obtaining a license from the State. User agrees that User will not use the Site to make any automated or prerecorded call in any State in which the making of such calls is banned or prohibited, or in any State in which the law imposes conditions or requirements on the making of such calls unless User has fully complied with all such conditions and requirements.
10. User agrees that any message sent using the Site on behalf of a political committee or organization will include all necessary disclaimers in compliance with the requirements of the Federal Election Campaign Act of 1971 as amended and the regulations of the Federal Election Commission, and/or applicable state or local law.
11. User agrees that it will not, in any telephone or other message sent using the Site, include any material or content that is obscene or defamatory of any person or entity.
12. User agrees and acknowledges that Switchboard is not certifying nor endorsing, and has no obligation to certify or endorse, any of Your Applications or Your Content.
13. User warrants and represents that to the extent User includes, in any message or communication sent using the Site, any musical or written work in which any third party has a copyright or other rights, User has obtained all licenses necessary in order lawfully to use any intellectual property incorporated or used in such message or communication, including but not limited to licenses for any or musical compositions in which any third party owns the copyright or other rights; and that User has obtained all necessary rights and permissions from any natural person appearing or speaking in the message, to use the name, performance and likeness of that person in the message, without limitation, and has obtained from any such natural person all rights necessary to license the use of such person's name, performance and likeness in the message to other parties, for any purpose, without limitation, and without payment of any royalty or other compensation.
14. User agrees not to remove, obscure or alter any notice of any Switchboard trademark, service mark or other intellectual property appearing on the Site. User agrees that User will not, and will not permit any third party to, copy, distribute sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer any software program or application used in the functioning of the Site.
15. User acknowledges and agrees that User's access to and use of the Site may be suspended for the duration of any scheduled or unscheduled downtime or maintenance period, or as a result of power outages, system failures or other interruptions. User agrees that Switchboard shall have not liability whatsoever for any damage, liabilities or losses (including any loss of data or profits) that User may incur as a result of the interruption or suspension of services on the Site, for any reason, at any time.
16. Switchboard shall have the right immediately to suspend or terminate User's access to the Site or ability to use any services offered through the Site, and the right to deny any request or order for use of such services at any time, in the event that User violates any of these Terms of Use or breaches any warranty or representation made herein; or if Switchboard determines in its sole discretion that any requested use of services is unlawful, inappropriate or detrimental to the operation of the Site.
17. User represents and warrants that all information submitted by User to the Site about User's intended use of the services offered on the Site and about User, is true and correct. User represents and warrants that it is authorized to act for any entity, committee or organization for which it is acting in accessing services through the Site.
18. All Services Provided by or through the site are offered and provided "as is." Switchboard makes no representations or warranties of any kind whether express, implied, statutory or otherwise with respect to the site or the services offered through the site. Except to the extent prohibited by applicable law, Switchboard disclaims all warranties, including without limitation any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Switchboard does not warrant that services offered through the site will function
19. All services provided by or through the Site are offered and provided "as is." Switchboard makes no representations or warranties of any kind whether express, implied, statutory or otherwise with respect to the Site or the services offered through the Site. Except to the extent prohibited by applicable law, Switchboard disclaims all warranties, including without limitation any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Switchboard does not warrant that services offered through the Site will function as described, will be uninterrupted or error free or that data submitted by User will not be lost or damaged. Switchboard does not warrant that calls ordered will be completed within any particular period of time except as specifically indicated to user with respect to an order. Switchboard shall not be liable to User for any direct, indirect, incidental, special or consequential damages, including but not limited to damages for lost profits, goodwill, loss of opportunity to send messages or make calls or loss of potential contributions or donations. Switchboard's aggregate liability under these Terms of Use shall be limited to the amount actually paid by User to Switchboard for use of the Site. User agrees to pay all applicable charges for services ordered through the Site. User agrees that Switchboard may charge the credit card provided by User for the amount of charges of which User is notified at the time of placing the order.
20. User agrees that User shall be responsible for any use of the site and for payment for all orders for services placed through the site using User's username and password. User shall remain responsible for payment for, and for any and all other liability arising out of, any order placed through the site by any other person using user's username and password.
21. User agrees to indemnify and hold harmless Switchboard, its officers, directors, shareholders, members and/or partners, employees and agents, from and against any claims, costs, damages or liabilities (including reasonable attorneys fees) arising or resulting from any claim based on or arising out of any breach by User of any term or condition of these Terms of Use or any breach by User of any warranty or representation made herein; any claim by any third person that any content of any telephone or text message submitted by User to the Site is defamatory of any person or entity, or violates the copyright or other intellectual property rights of any third party.
22. User agrees that all sales are final. If User believes for any reason that User is entitled to a refund, User agrees to contact Switchboard Communications at (202) 470-1488.