IMPORTANT - READ BEFORE PROCEEDING. MUST SCROLL ALL THE WAY TO THE END OF DOCUMENT BEFORE REGISTERING

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY PRIOR TO CLICKING "I agree". BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU (the "Subscriber") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF NoteMote™ SERVICES ("Services", "Service"). IF Subscriber IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF THE Subscriber IS NOT OF AGE, OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, THE Subscriber SHOULD PROMPTLY EXIT FROM THIS WEB SITE. NoteMote™ RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT Subscriber DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.

1. GRANT OF RIGHTS TO USE SERVICES

• Effective upon acceptance of this Agreement,  Note Mote™ hereby grants to Subscriber a nonexclusive, nontransferable, free-of-charge license to access and use the Services, for Subscriber's use.
• Subscriber shall have no right to sell use of the Services nor make any claim that it does have such right.
• The Services will allow Subscriber to perform various functions sending prerecorded audio/voice/text messages to predetermined phone numbers.
• The Service will allow Subscriber to perform various functions setting up various pre-recorded audio voice messages and menu options that would allow callers to listen and respond to various voice prompts.
• Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the World Wide Web and all charges associated with such connection to the World Wide Web and phone service charges.

2. SUBSCRIBER REGISTRATION

• Subscriber will provide all relevant data to NoteMote™ upon signing up for the Services and at subsequent times as requested by NoteMote.
• Subscriber acknowledges that Subscriber is at least 18 years in age and that the Subscriber has the legal authority to enter into this agreement.
• Subscriber agrees to provide and maintain true, accurate, current and complete information about himself/herself.
• Subscriber shall update the registration data as applicable.
• Upon completion of all registration information and acceptance of this Agreement, Subscriber will establish a UserName and Password if Subscriber has not already done so.
• Subscriber is solely responsible for maintaining the confidentiality of Subscriber's UserName, Password.
• Subscriber shall not give account information to third parties and shall at all times be responsible and liable for any transactions or activities that originate from Subscriber's account.
• Subscriber shall immediately notify NoteMote™ if any unauthorized use of Subscriber's account has occurred or of any other breach of security.
• Please refer to our Privacy Policy for more details.
• Subscriber understands and agrees that Subscriber and, if applicable, Subscriber's company will assume all financial responsibilities for use of NoteMote™ services originating from Subscriber's account by Subscriber or others.
• Subscriber is solely responsible for any and all activity that occurs with respect to Subscribers account including but not limited to initiating inbound and or outbound prerecorded audio/voice/text messages, contact list data, and message content.

3. NoteMote™’s RIGHTS

• NoteMote™ shall retain all right, title and interest to the Services including all copyrights, trademarks and all other intellectual property right there to.
• Subscriber may not, nor allow any third party, to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and no use of trademarks is granted under this Agreement.
• The copyright notices and other proprietary legends shall not be removed from the Services and no use of trademarks is granted under this Agreement.
• Subscriber may not grant any sub-license, leases or other rights in the Services to any third party. All rights not expressly granted under this Agreement are retained by NoteMote™.

4. TERMINATION

• Either party may terminate this Agreement upon notice to the other party.
• NoteMote™ reserves the right to suspend, deny or terminate Subscriber's Service if NoteMote™, at its sole discretion, believes Subscriber is using or plans to use Note Mote™ Services in a manner that is unlawful, abusive, prohibited by the Note Mote™ Terms of Service or if Subscriber's use or planned use of NoteMote™ Services creates or could create a potential adverse impact to NoteMote™ ability to provide Service to others.
• Upon termination, Subscriber shall immediately cease to use the Services and Note Mote™ shall have no further obligations whatsoever to Subscriber.
• NoteMote™ shall not be liable to the Subscriber or any third party for any reason for Note Mote™ terminating this Agreement.

5. LIMITATION OF LIABILITY

• In no event shall NoteMote™ be liable to Subscriber or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. NoteMote™’s liability for damages, regardless of the form of the action, shall not exceed the license fee paid by Subscriber for the Services, if any. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

6. WARRANTY DISCLAIMER

• The Services licensed hereunder are licensed "as is" and "as available" and NoteMote™ makes no warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any similar warranty whether said warranty arises under provisions of any law of the United States or any state thereof. NoteMote™ makes no representations or warranties that the Services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of the Services shall be borne solely by Subscriber.
• NoteMote™ makes no warranty that the Services will meet Subscriber's requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected.
• NoteMote™ does not make any warranty pertaining to any goods or Services purchased, obtained, secured or acquired through the Services or any transaction entered into through the Service.
• NoteMote™ does not warrant the accuracy or reliability of the results obtained through use of the Services or any data or information downloaded or otherwise obtained or acquired through the use of the Services. Subscriber acknowledges that any data or information downloaded or otherwise obtained or acquired through the use of the Services are at Subscriber's sole risk and discretion and NoteMote™ will not be liable or responsible for any damage to Subscriber or Subscriber's property.
• Subscriber will not rely on any representation or warranty implied or expressed by any persons other than an authorized member of NoteMote™, LLC with regards to Note Mote™ products and Services.

7.  RETURN POLICY

• NoteMote™ offers a 30 day satisfaction guarantee.  This means the following: if the user can provide proof that (1) any call was not actually delivered but was reported as delivered and the user's account was debited for the call or (2) the call was delivered more than the number of times the phone number appeared in the call list used and the user's account was debited for the calls, NoteMote™ will credit but not refund the amount pertaining to the call(s) in dispute. NoteMote™ has 30 days from the date of the notification of the dispute to resolve the dispute. All disputes must be in writing and emailed to info@notemote.com.

8. INDEMNIFICATION

• Subscriber shall indemnify and hold harmless NoteMote™, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or misconduct by Subscriber, Subscriber's use of the Services and any breach of the terms and conditions of this Agreement by Subscriber including any violation of this Agreement by Subscriber or any other person using Subscribers account including but not limited to any violation of any federal or state laws or regulations including but not limited to any violation of any federal, state, or local laws or rules regulating or prohibiting the transmission of pre-recorded phone calls or text messages.

9. MODIFICATION TO SERVICES

• During the term of this Agreement, NoteMote™ may modify or discontinue the Services.
• NoteMote™ shall not be liable to the Subscriber or any third party for any reason for Note Mote™ ‘s modifying or terminating of such Services.
• The Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Service prior to storing on the Note Mote™ system.

10. MODIFICATION TO AGREEMENT

• NoteMote™ may automatically amend this Terms of Service Agreement at any time by (i) posting a revised agreement on the NoteMote™ and Phone Boogie website, or (ii) sending information regarding the Terms of Service amendment to the email address Subscriber provides to NoteMote™. Subscriber is responsible for regularly reviewing the NoteMote™ website to obtain timely notice of such amendments. Subscribers will be deemed to have accepted the amended Note Mote™ Terms of Service Agreement if Subscriber continues to use NoteMote™ Service after such amended Terms of Service have been posted or information regarding such amendment has been sent to Subscriber. Otherwise, this Terms of Service Agreement may not be amended except in writing signed by both parties.

11. RULES AND REGULATIONS

Currently there are no numerical limits to the amount of transactions a Subscriber may send through the Services, however, NoteMote™ may set numerical limits by notifying Subscriber. Subscriber agrees to abide by all applicable local, state, federal, national and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's UserName and Password, including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:

• Use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming.
• Create a false identity, caller id, or forged email address, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
• Impersonate any other person or entity or misrepresent your affiliation with any other person or entity.
• Use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, or illegal.
• Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
• Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
• Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
• Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service.
• Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
• Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

Further, Subscriber will abide by all rules, regulations, procedures and policies of Note Mote™ and any policies of the networks connected to the Services.

12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS

• Subscriber shall be fully and solely liable for any prerecorded audio, voice transmissions, and text messages sent through the Service and fully responsible for compliance with applicable law. Subscriber acknowledges that NoteMote™ has no involvement in the acquisition or development of Subscribers call list(s) or control over the content of any transmission or the destination such transmission will be sent nor will NoteMote™ be liable for such content.
• Subscriber is fully and solely responsible to be aware of, understand, and comply with all of the rules and regulations applicable to Subscriber's use of Note Mote™ Service including but not limited to Federal Trade Commission rules and regulations, Federal Communication Commission rules and regulations, National Do Not Call Registry rules and regulations and individual state Do Not Call rules and any applicable individual state or local regulations, Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any other federal, state, or local laws that may be applicable to Subscribers use of NoteMote™ Service. Subscriber agrees not to violate these, or any other federal, state, or local law and represents and warrants that Subscribers use of NoteMote™ will not cause Note Mote™ to violate these or other similar laws.
• Subscriber understands that the Federal Trade Commission Telemarketing Sales Rule prohibits the transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions. The Federal Trade Commission Telemarketing Sales Rule provides that calls may be permissible provided calls are placed only to consumers who have provided their prior expressed signed written consent to receive such calls. Use of NoteMote™ Service for the delivery or transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions not in compliance with applicable law is strictly prohibited. Notwithstanding the language contained in this paragraph calls initiated and placed by the Subscriber specifically to consumers who have provided the Subscriber with their prior expressed signed written consent to receive such calls as provided by the Federal Trade Commission Telemarketing Sales Rule at 16 CFR Part 310 and any amendments thereof shall not be deemed prohibited. Subscriber understands that compliance with federal, state and local law is solely the responsibility of the Subscriber.
• Subscriber understands and agrees that if Subscribers use of NoteMote™ Service includes initiating or receiving telephone calls to or from customers or donors then Subscriber shall comply with all applicable federal, state and local laws including but not limited to laws pertaining to telemarketing.
• Subscriber is fully and solely responsible to be aware of, understand, and comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule at 16 CFR Part 310 and any amendments and any similar laws, the Controlling the Assault of Non-Solicited Pornography and Marketing Act and any other similar laws. Subscriber agrees not to violate these, or any other applicable federal, state, or local anti-solicitation laws, and represents and warrants that its use of NoteMote™ Service will not cause Note Mote™ to violate these or other similar laws.
• Subscriber agrees that it is the sole responsibility of the Subscriber to abide by any laws defined by the State or Federal Government in which Services will be applicable. Subscriber understands and agrees that NoteMote™ will not be held responsible for damages to the Subscriber or any third party incurred due to Subscriber's failure to abide by state and/or federal laws and will seek indemnification from Subscriber for damages it sustains from Subscriber’s breach of this provision as per Section 8 of this document.  Please refer to the Telephone Consumer Protection Act of 1991, the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act. You may visit the Federal Communications Commission website at http://www.fcc.gov and the Federal Trade Commission website at http://www.ftc.gov and or refer to the appropriate State Attorney General’s office or other applicable offices for rules and or regulations pertaining to your intended application and use of the Service.

13. THIRD PARTY ADVERTISER

• Subscribers may not enter into transactions with advertisers on the Services.

14. PAYMENT FOR SERVICES

• All charges for NoteMote™ Services will be charged to the credit card number Subscriber provided when signing up for NoteMote™ Services or the most current credit card number provided by Subscriber for payment of Note Mote™ Services.
• In the event credit card is denied, NoteMote™ will discontinue Service immediately. 

15. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SPECIFIC SERVICE OFFERINGS

• NoteMote™ offers do it yourself pre-paid non refundable outbound phone calls. Detailed descriptions of NoteMote™ Telephone Services are posted at the Phone Boogie website. The following additional terms and conditions apply to but are not limited to the specific service offerings described below.
• The domestic and international are posted at the Phone Boogie website.
• NoteMote™ charges for successfully delivered calls. A call shall be deemed successfully delivered when the number called is answered.  There is no charge for Outbound phone calls that result in a no answer, busy or disconnected call.
• NoteMote™ Outbound Service is a non-refundable, non-returnable, non-exchangeable, non-transferrable, prepaid Service. All purchases are final.  Unused balances are non-refundable.
• Unused balances do not expire.
• Subscriber accounts allow for the storage of a maximum of 15 sound files at no cost.
• Free storage is offered at no cost to all active Outbound Subscriber accounts. Active Subscriber accounts are accounts that have (1) used the Outbound Service for successful paid Outbound call delivery within the past 90 calendar days.  Non-active Subscriber accounts are accounts that have not used the Outbound service for successful paid Outbound call delivery for a period of time that is greater than 90 calendar days.
• Non-active Subscriber accounts that have no available Outbound account balance will have no storage capabilities and all Subscriber information will be deleted. Subscriber information that will be deleted includes but is not limited to call list(s), and sound files.
• Subscriber is strictly prohibited from using NoteMote™ Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.
• Subscriber shall be fully and solely liable for any prerecorded audio, voice transmission and fully responsible for compliance with applicable federal, state and local laws including but not limited to federal, state and/or local laws or rules regulating or prohibiting the transmission of prerecorded phone calls.

16.  GENERAL

• This Agreement merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services.
• In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties.
• All notices under this Agreement shall be in writing and delivered by email.
• This Agreement shall be construed in accordance with the laws of the State of Colorado without regard to its conflict of law’s provisions. NoteMote™ and the individual Subscriber and, if applicable, the Subscriber's company will submit to the jurisdiction of the State and Federal courts of Colorado.
• Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause NoteMote™ irreparable harm and NoteMote™ may obtain injunctive relief as well as seek all other remedies available to NoteMote™ in law and in equity.
• Subscriber shall not assign its rights under this Agreement. This Agreement shall be binding on and inure to the benefit of the parties, their successors, and permitted assigns and legal representatives.
• The failure of Note Mote™ to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it any way affect the validity of this Agreement. Sections 5, 6, 7, and 8, shall survive termination or expiration of this Agreement for any reason.

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