On-Demand Telephone Conferencing Services Order Form

To obtain an On-Demand Telephone Conferencing access code, just complete this form. We’ll call you within one business day to provide you with telephone numbers and access codes, and to obtain a credit card number which will be used solely for this purpose.

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TERMS OF SERVICE BEGIN:

IMPORTANT — READ CAREFULLY:

The On-Demand Conferencing Service (the "Product") is owned and operated by Babbletype LLC, a Delaware limited liability company, and is provided to you ("You") under the terms and conditions of these Terms of Service ("Terms"), which include our Privacy Policy and Order Form that are available through the hyperlinks set forth below and are incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.

1. DESCRIPTION OF PRODUCT. Babbletype LLC’s On-Demand Conferencing Service is a toll-free audio conferencing service. Each caller dials a toll-free (800) number to reach Babbletype LLC’s audio conferencing equipment. Babbletype LLC’s calls are billed per person, per minute. The host, or conference organizer, is responsible for the payment of all incurred minutes from every caller. A single invoice is provided to the host for the entire call.

2. REGISTRATION. To use the Product, You must submit a complete Babbletype LLC’s conference call service order form on Your behalf. As part of the registration process for the Product, You agree to: (1) provide certain limited information about You on the order form (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Babbletype LLC discovers that any of Your Registration Data is inaccurate, incomplete or not current, Babbletype LLC may terminate Your right to access and receive the Product immediately upon notice. Babbletype LLC will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. Babbletype LLC may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. Babbletype LLC reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. Babbletype LLC need not provide a reason for its rejection. If Babbletype LLC rejects Your application, then You may reapply and Babbletype LLC will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to Babbletype LLC that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with Babbletype LLC and will become a subscriber to the On-Demand Conferencing Service.

3. SERVICES
(a) Feedback. Babbletype LLC may ask users to provide certain information in exchange for the use of the Product. The information requested includes call feedback, survey participation and polling conducted via telephone or email or through call detail reports.
(b) Fees. Babbletype LLC reserves the right to institute new charges for access to or use of the Product at any time upon not less than thirty (30) days' notice to You. All changes will be posted at http://www.Babbletype.com and such posting shall be considered sufficient notice to You. You are responsible for regularly reviewing pricing information so posted to obtain timely notice of such changes. Continued use of the Product or non-termination of the Product after changes are posted constitutes Your acceptance of the prices and/or charges as modified by the posted changes.

4. USER CONDUCT AND PROPRIETARY RIGHTS
(a) Conduct. You are solely responsible for the content of Your transmissions through the Product. Babbletype LLC does, however, reserve the right to take any action with respect to the Product that Babbletype LLC deems necessary or appropriate in Babbletype LLC’s sole discretion if Babbletype LLC believes You or Your transmissions or use of the Product may create liability for Babbletype LLC. Your use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; (3) not to interfere or disrupt networks connected to the Product; (4) not to use the Product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Product, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Product.
(c) Proprietary Rights. Babbletype LLC, the Babbletype logo, and other names, logos, icons and marks identifying Babbletype LLC’s products and services are trademarks of Babbletype LLC and may not be used without the prior written permission of Babbletype LLC. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the account access granted to You (in whole or in part) or create derivative works of this service without expressly being authorized to do so by Babbletype LLC. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the Product. All rights not expressly granted in these Terms are reserved to Babbletype LLC.

5. PRIVACY. Babbletype LLC’s use of any personal information You provide to it is set out in Babbletype LLC’s current Privacy Policy. Babbletype LLC specifically notes that the recordings of events created by You on Babbletype LLC’s On-Demand Telephone Conferencing Service and Your property, and that they may not be used for any other purpose except the execution of services whose customer is You (such as transcription), storage for Your use, and delivery to You.

6. MODIFICATIONS. Babbletype LLC may amend these Terms at any time by (i) posting a revised Terms of Service document on http://www.Babbletype.com, and/or (ii) sending information regarding the Terms amendment to the email address You provide to Babbletype LLC. You are responsible for regularly reviewing the http://www. Babbletype.com site to obtain timely notice of such amendments. Your manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, Babbletype LLC reserves the right to modify or discontinue the Product with or without notice to You. Babbletype LLC shall not be liable to You or any third party should Babbletype LLC exercise its right to modify or discontinue the Product.

7. PASSWORD AND SECURITY. Free Conferencing Corporation will generate Your dial-in numbers, access codes, passcodes and/or passwords for access to this account. You agree to carefully safeguard all of Your account numbers. You are solely responsible if You do not maintain the confidentiality of account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Babbletype LLC of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its secure account information has been stolen or otherwise compromised.

8. TERMINATION. Babbletype LLC may immediately terminate Your membership and right to use the Product if (a) You breach these Terms; (b) Babbletype LLC is unable to verify or authenticate any information You provide to Babbletype LLC; (c) such information is inaccurate; or (d) Babbletype LLC decides, in its sole discretion, to discontinue offering the Product. Babbletype LLC shall not be liable to You or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to Babbletype LLC. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, Your sole recourse is to immediately: (a) discontinue use of the Product; (b) terminate your membership; and (c) notify Babbletype LLC of termination. Upon termination of membership, Your right to use the Product immediately ceases.

9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. BABBLETYPE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BABBLETYPE LLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES BABBLETYPE LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BABBLETYPE LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL BABBLETYPE LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF BABBLETYPE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Babbletype LLC’s LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold Babbletype LLC harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against Babbletype LLC arising out of or relating to a dispute between you and/or your associated users, of any Babbletype LLC products and services, over the terms and conditions of a contract or any other promise, agreement or attempted agreement for the purchase, sale or use of any product or service.

12. GENERAL TERMS. These Terms are governed in all respects by the laws of the State of Pennsylvania as such laws are applied. Both parties submit to personal jurisdiction in Pennsylvania and further agree that any cause of action relating to these Terms shall be brought in a court in Philadelphia, Pennsylvania. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Babbletype LLC’s failure to act with respect to a breach by You does not waive Babbletype LLC’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Babbletype LLC shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Babbletype LLC’s reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.

You understand and agree that You are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to CustomerService@Babbletype.com for assistance.

TERMS OF SERVICE END

We’ll call you within one business day to obtain billing information and provide your conference call numbers and codes. Once you have them, they are yours to keep, and you can use them whenever you like. Billing for calls is automatic.

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