Phone systems are often the unsung heroes in an organization but are undoubtedly one of the most vital aspects of a business.
These Website Terms of Use (“Terms”) govern your access to and use of www.ultatel.com and any other websites, online interfaces, mobile applications, sales pages, free-trial environments, marketing portals, or self-service signup flows operated by Ultatel, LLC (“Ultatel,” “we,” “us,” or “our”) and identified as being subject to these Terms (collectively, the “Website”).
These Terms also govern your use of any free-trial, evaluation, beta, or limited preview versions of Ultatel’s services that you access through the Website without entering into a separate written services agreement (collectively, the “Trial Services”).
If you are a paying customer pursuant to a signed Master Services Agreement or Service Agreement (each, a “Service Agreement”), the Service Agreement — not these Terms — governs your use of Ultatel’s paid services. These Terms continue to apply to your use of the marketing portions of the Website but do not modify or supersede the Service Agreement. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement controls.
By accessing or using the Website or Trial Services, you agree to be bound by these Terms, the Acceptable Use Policy at www.ultatel.com/aup, the Privacy Policy at www.ultatel.com/privacy, and any other policy or notice referenced herein. If you do not agree, do not access or use the Website or Trial Services.
The Website and Trial Services are intended for use by businesses and other organizations and by individuals at least eighteen (18) years of age acting on behalf of such organizations. By accessing the Website or Trial Services, you represent that you meet these criteria. If you are using the Website on behalf of an organization, you represent that you have authority to bind that organization to these Terms, in which case “you” refers to both you and that organization.
Subject to your compliance with these Terms, Ultatel grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and any Trial Services for your internal business evaluation and ordinary informational purposes. All other rights are reserved.
If Ultatel offers you Trial Services, the following additional terms apply:
Some areas of the Website and certain Trial Services require you to register an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us promptly at security@ultatel.com of any unauthorized access to or use of your account.
Your use of the Website and Trial Services is subject to the Acceptable Use Policy at www.ultatel.com/aup, which is incorporated by reference. In addition, you agree not to:
The Website, Trial Services, and all content, features, and functionality, including text, graphics, logos, icons, images, audio, video, software, and the design, selection, and arrangement thereof (collectively, “Ultatel Content”), are owned by Ultatel or its licensors and are protected by United States and international intellectual property laws.
“Ultatel,” the Ultatel logo, and other Ultatel marks are trademarks of Ultatel. You may not use these marks without prior written permission. Other names, logos, and trademarks identified on the Website are the property of their respective owners.
You may print or download copies of pages from the Website for your personal, non-commercial reference, provided you do not modify the materials and you retain all copyright and proprietary notices.
If you submit feedback, suggestions, ideas, or other communications to Ultatel through the Website or in connection with Trial Services (“Submissions”), you grant Ultatel a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, distribute, and exploit such Submissions for any purpose, without compensation to you. Submissions are not confidential. You represent that you have all rights necessary to make any Submissions and that the Submissions do not infringe any third-party rights.
The Website may include links to third-party websites, services, or content (“Third-Party Services”). Third-Party Services are provided for convenience only. Ultatel does not control and is not responsible for any Third-Party Services. Your use of Third-Party Services is at your own risk and subject to the terms and policies of the applicable third party.
Your use of the Website is subject to the Privacy Policy at www.ultatel.com/privacy, which describes the personal information we collect, how we use it, and the choices available to you. By using the Website, you consent to the collection and use of information as described in the Privacy Policy.
THE WEBSITE AND TRIAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
ULTATEL DOES NOT WARRANT THAT THE WEBSITE OR TRIAL SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, COMPLETE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF AND RELIANCE ON THE WEBSITE AND TRIAL SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ULTATEL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR THE TRIAL SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ULTATEL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR THE TRIAL SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO ULTATEL IN CONNECTION WITH THE WEBSITE OR TRIAL SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If you are a paying customer under a Service Agreement, the limitation of liability provisions of that Service Agreement govern your use of the paid services and supersede this Section 11 with respect to those services.
You shall indemnify, defend, and hold harmless Ultatel and its officers, directors, employees, agents, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms, the Acceptable Use Policy, or applicable law; (b) your use or misuse of the Website or Trial Services; (c) any content or data you submit; or (d) any infringement of a third party’s rights by you.
Ultatel may suspend or terminate your access to the Website or Trial Services at any time, with or without cause, with or without notice, and without liability. Upon termination, the rights granted to you under these Terms will end, but Sections 6, 7, 9 through 13, and 15 through 19 will survive.
Ultatel may update these Terms from time to time. The “Effective Date” at the top of these Terms indicates when they were last updated. Material changes will be communicated by reasonable means, which may include email notice (where you have an account), banner notice on the Website, or other prominent disclosure. Continued use of the Website after the effective date of an update constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before initiating any formal proceeding, you agree to first contact Ultatel at legal@ultatel.com and provide a written description of the dispute. The parties shall negotiate in good faith for at least thirty (30) days before initiating any formal proceeding.
Any dispute arising out of or related to these Terms, the Website, or the Trial Services shall be brought exclusively in the state or federal courts located in Fairfax County, Virginia, and you consent to the personal jurisdiction and venue of such courts. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL. EACH PARTY AGREES THAT ANY CLAIM SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
No claim arising out of or related to these Terms may be brought more than twelve (12) months after the cause of action accrues.
The Website and Trial Services are subject to U.S. export control laws. You agree to comply with all applicable export and re-export control laws and regulations and not to use, export, or re-export the Website or Trial Services in violation of those laws.
If you are a U.S. federal, state, or local government entity, the Website and Trial Services are deemed “commercial computer software” and “commercial computer software documentation,” and your use is subject to these Terms. No additional government rights are granted.
(a) Entire Agreement. These Terms, together with the Privacy Policy, AUP, and any other terms expressly incorporated by reference, constitute the entire agreement between you and Ultatel regarding the Website and Trial Services.
(b) Assignment. You may not assign these Terms without Ultatel’s prior written consent. Ultatel may assign these Terms without restriction.
(c) No Waiver. The failure of Ultatel to enforce any right or provision of these Terms is not a waiver of that right or provision.
(d) Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.
(e) No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
(f) Notices. Notices to Ultatel may be sent to legal@ultatel.com or to Ultatel, LLC, Attn: Legal Department, 13873 Park Center Rd, Suite 450, Herndon, VA 20171, USA. Notices to you may be sent to the email address associated with your account or posted on the Website.
Questions about these Terms may be sent to legal@ultatel.com.
Trusted by Companies of All Sizes.
Trusted by Companies of All Sizes.
Trusted by Companies of All Sizes.
Trusted by Companies of All Sizes.
Trusted by Companies of All Sizes.
