Mobile Terms of Service
Last Updated: June 6, 2018
CPNI Disclosure and Rights
You authorize your wireless carrier to disclose your device location information with us and other companies with whom we work in order to provide AdGeo’s Automatic Call Routing service for our customers. Your device location will be used to route the incoming callers to the appropriate geographic area based on the caller’s current location. The consent is for one-time usage of 1-minute duration and you will be automatically unsubscribed. Your device location information is Customer Proprietary Network Information (CPNI), which is information about your telecommunications service. It is your right and your carrier’s duty to protect your CPNI. Your decision will not affect your current wireless service. However, if you do not consent or you revoke consent, we are unable to use your CPNI for this purpose, this may impact AdGeo’s ability to provide location-based call routing service.
You will be required to either confirm your consent to the location service (“opt-in”) by an IVR opt-in process by pressing 1 or via an implied consent.
Consent. When you use AdGeo's mobile application(s) or mobile service(s) you agree to the terms and conditions listed below, which may be updated by us from time to time. You acknowledge that you are legally allowed to utilize this mobile application or mobile service in your jurisdiction. If you do not agree to all these terms or cannot make such representations, then you may not access or otherwise use AdGeo mobile applications or mobile services.
This application uses location data. By using this application, you consent and permit your wireless carrier to share your location with others. There is no representation, warranty, or guarantee of accuracy, completeness or timeliness of any location data, product or service.
Important Message about your Cellular Provider (AT&T, Sprint, T-Mobile, Verizon Wireless and others).
Description of Service. Cellular geolocation services are provided through LocationSmart, a third party vendor. The use of the caller's location is predicated upon an either an explicit opt-in or an implied consent with notice provided by a caller during an Interactive Voice Response session. Location information is used to determine the best termination for a caller for service based upon their geolocation and potentially other information available to AdGeo to make that call routing decision. Any collected latitude and longitude information from the Interactive Voice Response Session geolocation will be deleted or degraded from call records after 60 days. Any zip code information collected from the Interactive Voice Response Session geolocation will be deleted or degraded from call records after 2 years. Anonymized aggregate call data may be kept indefinitely.
Opt-Out. The explicit opt-in or implied consent with notice provided by a caller during an Interactive Voice Response session is for a one time use of 1-minute duration of the geolocation services to support the determination of a termination for that call. There are no subscriptions, no sign ups, nor any other explicit or implicit opt-in that would necessitate any need for an opt-out capability. Opt-out occurs automatically after each call is complete and no further attempts to geolocate the caller will be made without another corresponding explicit opt-in or implied consent with notice.
Data Retention. Unless otherwise noted, limited by vendor agreements, or restricted by a specific legal requirement, AdGeo may keep any data it collects indefinitely, but makes no representation or guarantee that it will maintain any data for any length of time.
Location Data Retenton (latitude/longitude) is only kept for a maximum of 60 days; zip code data is kept for a maximum of 712 days.
Data Security. All location data is securely stored using technology and security features that safeguard the privacy of your location information, including:
- ·Maintaining and protecting the security of computer storage and network equipment;
- Security procedures that require user names and passwords to access sensitive data;
- Applying encryption or other appropriate security controls to protect location information when stored or transmitted by us;
- Limiting access to location information to only those with jobs requiring such access
The WWW. AdGeo mobile applications or mobile services may provide, or third parties may provide, links to other World Wide Web resources. Because AdGeo has no control over such sites and resources, you acknowledge and agree that AdGeo is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AdGeo shall not be responsible, liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Do's, Don'ts, and Other Legal Matters. You may not (1) modify AdGeo mobile applications or mobile services, (2) publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on AdGeo mobile applications or mobile services or its Documentation or any part thereof without the express written permission of AdGeo, (3) remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark or legend appearing on AdGeo mobile applications or mobile services, (4) reverse engineer, decompile, translate, adapt or dissemble AdGeo mobile applications or mobile services, nor shall you attempt to create the source code from the object code for AdGeo mobile applications or mobile services without the express written permission of AdGeo, or (5) assign the license for service.
All interactive communications (email, chat, discussion boards, etc.) even though intended for a private audience, are subject to public access. Although we reserve the right to remove without notice any bulletin board posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. Information and opinions expressed in bulletin boards or other forums are not necessarily those of AdGeo. Users alone are responsible for the contents of the messages they communicate when using our services as well as the consequence of any such messages.
However, you agree not to use AdGeo mobile application or mobile services to:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic or sexually explicit, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable to AdGeo.
- Upload, post, e-mail, transmit, or otherwise make available content that violates laws or regulations designed to protect minors.
- Impersonate any person or entity, including but not limited to, AdGeo.com webmaster, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through AdGeo.com and affiliated web sites.
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party.
- Upload, post email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam chain letters, pyramid schemes or any other form of solicitation.
- Intentionally upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware on telecommunications equipment.
- Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of AdGeo mobile applications or mobile services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Interfere with, disrupt AdGeo servers or networks connected to or supporting AdGeo mobile applications or mobile services or disobey any requirements, procedures, policies or regulations of networks connected to AdGeo mobile applications or mobile services.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Stalk or otherwise harass another.
- Collect or store personal data about other users.
AdGeo does not condone copyright infringement and will not tolerate such infringement by its users. Accordingly, AdGeo may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing on the intellectual property rights of others.
Except as otherwise expressly permitted under copyright law, you agree not to reproduce, retransmit, disseminate, sell, distribute, publish broadcast or circulate the information received through AdGeo mobile applications or mobile services to anyone, including but not limited to, others in the same company or organization, without the express prior written consent of AdGeo.
We may modify or discontinue services or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of AdGeo's services or violated these Terms of Service. You understand and agree that AdGeo's services are provided "as is." AdGeo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF ADGEO'S SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ADGEO'S MOBILE APPLICATION OR MOBILE SERVICES IS AT YOUR OWN DISCRETION AND 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 DATE.
EXCEPT AS EXPRESSLY SET FORTH ON OUR SITE, ADGEO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ADGEO'S MOBILE APPLICATIONS OR MOBILE SERVICES, REGARDING THE ACCURACY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ADGEO'S MOBILE APPLICATIONS OR MOBILE SERVICES OR THAT ADGEO'S MOBILE APPLICATIONS OR MOBILE SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
ADGEO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE ADGEO'S MOBILE APPLICATION OR MOBILE SERVICES, RESULTING FROM THE USE OF SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTION ENTERED INTO THROUGH ADGEO'S SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADGEO HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless AdGeo, its affiliates, officers, directors, employees, consultants and agents from any and all third-party claims, liability, damages, and/or costs (including but not limited to attorneys' fees) arising from your use of our mobile applications and mobile services, your violation of the Terms of Service or infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of AdGeo's successors, assigns and licensees.
These Terms of Service will be governed by and construed in accordance with the laws of the state of Missouri. Any action brought to enforce this agreement or matters related to the site shall be brought in either the state or federal courts of Missouri. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder to the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the authorized representative of AdGeo.
Contact Us. If you have any questions or comments or know of any violations of these Terms of Service, please report them to email@example.com or call us at 866-434-1569.