Answer Sure

patent pending

Terms and Conditions

Acceptance of the agreement

This agreement (“Agreement”) is entered into by and between you (“you,” “user” or “Client”) and Answer Sure, LLC, a New Jersey limited liability company (“Answersure.com,” “Company,” “we,” or “us”). The following terms and conditions of this Agreement govern your access to and use of any and all of our Answersure.com services including our Answersure.com website at Answersure.com.com, and including related subdomains; our mobile, tablet and other smart device applications; our application program interfaces (“APIs”) or other Answersure.com online services as well as other Answersure.com tools, technology and programs (collectively, the “Answersure.com Platform”) and all associated services (collectively, the “Services”); in each case, that reference and incorporate this Agreement.

Please read the Agreement carefully before you start to use the Answersure.com Platform. By using the Answersure.com Platform or by clicking to accept or agree to the Agreement when this option is made available to you, you accept and agree to be bound and abide by this Agreement and our Privacy Policy. If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Answersure.com Platform.

By creating an account on the Answersure.com Platform, you are deemed to be signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By creating an account, you consent to be legally bound by this Agreement’s terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide the Company, or in accessing or making any Order regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E- Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E- Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and the Company. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining an account with the Company constitutes your agreement that you have had the opportunity to review the terms and conditions of the Company’s Privacy Policy as they exist on the date of your E-Signature and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

The Answersure.com Platform is offered and available to users who are 18 years of age or older. By using the Answersure.com Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirement. If you do not meet this age requirement, you must not access or use the Answersure.com Platform.

Changes to the agreement

We may revise and update this Agreement from time to time, including any fees or other charges associated with the use of the Services and the Answersure.com Platform, upon Thirty (30) days’ 2 notice, in our sole discretion, and shall apply to access to and use of the Services and Answersure.com Platform thereafter.

Your continued use of the Answersure.com Platform following the conclusion of the Thirty (30) days’ notice period means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Our Service

The Company provides the innovative Answersure.com Platform empowering Clients to create a gateway by which calls must qualify for entry to ring their phones, both landlines and mobile devices. The service is to assist at guarding against scam calls.

Answersure.com is on a mission to provide its Clients with quality insights quickly and efficiently. Although some competitors in this industry have good quality technical products, they are mostly focused on the technical aspects of advanced analytics and they are difficult to navigate and provide customization options that require specialized analytical design decision- making to complete the task

Accessing the Answersure.com Platform and Account Security

We reserve the right to withdraw or amend the Answersure.com Platform, and any Services we provide on the Answersure.com Platform, in our sole discretion without notice. We will not be liable if for any reason if all or any part of the Answersure.com Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Answersure.com Platform, or the entire Answersure.com Platform, to users, including registered users.
You are responsible for both:

  • Making all arrangements necessary for you to have access to the Answersure.com Platform.
  • Ensuring that all persons who access the Answersure.com Platform through your internet connection are aware of this Agreement and comply with them. 

To access the Answersure.com Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Answersure.com Platform that all the information you provide on the Answersure.com Platform is correct, current, and complete. You agree that all information you provide to register with the Answersure.com Platform or otherwise, including, but not limited to, through the use of any interactive features on the Answersure.com Platform, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable, suspend or terminate any account, user name, password, or other identifier, whether chosen by you or provided by us, at any time if, for any reason or no reason at all, including in our opinion, if we determine, in our sole discretion, that you have violated any provisions of this Agreement.

Intellectual Property Rights

The Answersure.com Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This Agreement permits you to use the Answersure.com Platform for your use as a Client only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Answersure.com Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your use as a Client only, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes, except for your use as a Client only, any part of the Answersure.com Platform or any services or materials available through the Answersure.com Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Answersure.com Platform in breach of the Agreement, your right to use the Answersure.com Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Answersure.com Platform or any content on the Answersure.com Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Answersure.com Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

Ownership of Data

Although the Platform generates reports that provide data based on the criteria entered into the Platform by the Client, Client acknowledges that Answersure.com does not own the source data from which the reports are created. The Company is not responsible for the accuracy of any information provided in the reports or on the Platform. The Company shall not be obligated to verify, validate, or collect evidence of any regulatory authorization, license or certification from any data provider.

Trademarks

The Company name, the brand “Answersure.com” the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Answersure.com Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Answersure.com Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Answersure.com Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the

Answersure.com Platform, or which, as determined by us, may harm the Company or users of the Answersure.com Platform, or expose them to liability.

Copyright Infringement

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that any material on the Answersure.com Platform infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with us by emailing advanalytics@Answersure.com.

Reliance on Information Posted

The information presented on or through the Answersure.com Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information or the results provided in any reports. Any reliance you place on such information, including product and pricing information, is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Answersure.com Platform, or by anyone who may be informed of any of its contents.

The Answersure.com Platform may include content and products provided by third parties, including materials provided by governmental agencies, other users, third-party licensors, and others. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials, data and search results provided by any third parties.

We may update the content on the Answersure.com Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Answersure.com Platform may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the Answersure.com Platform All information we collect on the Answersure.com Platform is subject to our Privacy Policy. By using the Answersure.com Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Commercial Terms

You agree that by placing an order (“Order”) and agreeing to this Agreement, you are entering into a binding contract with Answersure.com and agree to pay all charges that may be incurred by you or on your behalf through the Answersure.com Platform when such Order is placed and charges are incurred. All fees are in U.S. dollars and are non-refundable. If Company changes the fees for all or part of the Platform services, including by adding or reducing fees or charges, Company will provide you advance notice of those changes. If you do not accept the changes, Company may discontinue providing the applicable part of the Order to you. Company’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize Company to charge all fees as described in these Terms of Use for the Services you select to that payment method.

Answersure.com Credits System

The Platform primarily uses a pay for credits system to access and use the Platform. By purchasing, accepting, or using Answersure.com Credits (“Answersure.com Credits”) and in consideration of your right to use the Answersure.com Credits, you agree to be bound by the following terms and conditions.

  1. When you purchase a Answersure.com Credit, you are pre-paying for your use of the Answersure.com Platform and the searches that you may order from time to time. Answersure.com Credits may only be used for such searches and may not be usable with other products or services offered by Answersure.com. You must use your Answersure.com Credits within one year of purchase. Answersure.com Credits are non-transferable, do not represent a monetary claim against Answersure.com, and Answersure.com Credits are not stored value, money, monetary value, or the right to access funds or the value of funds. There is no refund of the purchase amount if the Answersure.com Credits are not used within this period.
  2. You may check your available Answersure.com Credits in the My Account section of your Answersure.com account.
  3. When you redeem Answersure.com Credits for Answersure.com reports, the Answersure.com you are bound by these Terms of Use.
  4. Answersure.com acknowledges that the laws of certain jurisdictions provide legal rights to consumers with respect to expiration dates that may not be overridden by contract or waived by those consumers. If you are such a consumer and such a law applies to this transaction, nothing in these Answersure.com Credits Terms and Conditions limits any of those consumer rights.
  5. Answersure.com reserves the right to correct your Answersure.com Credits balance if we believe that a clerical, billing, or accounting error has occurred.

Subscription Services
When applicable, the Platform may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Company to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Company may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service through your settings page in your user profile for the paid feature.

Answersure.com, in its sole discretion, may offer promotional pricing, codes or other offers to you (“Promotions”). Promotions cannot be used on past Orders. Promotions are non-transferable and there is no cash alternative. Promotions cannot be used in conjunction with other Promotions or Offers, and must be used by the date published if any. Company reserves the right at any time without notice to retract or change any Promotions.

Answersure.com reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any Client from making or completing any or all Order(s); and (iv) refuse to provide any Client with any product or service.

Payment

Payment Processing.

We utilize “third party payment providers” (i.e. PayPal, Stripe, or ACH/Wire). For payments through third party payment providers, you may be directed to their websites, APIs and online tools. It is your responsibility to familiarize yourself with the third party payment provider’s terms and conditions, and privacy policy.

When applicable, Client acknowledges and agrees that the credit or debit card being used belongs to Client or that Client has been specifically authorized by the owner of such card to use it. All card holders are subject to validation and authorization by the issuer of the card. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any non- delivery or delay of orders.

Links from the Answersure.com Platform

If the Answersure.com Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Answersure.com Platforms linked to the Answersure.com Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Answersure.com Platforms.

Geographic Restrictions

The owner of the Answersure.com Platform is based in the State of New Jersey in the United States. Although Clients and Service Providers outside the United States may be able to access the Answersure.com Platform, we make no claims that the Answersure.com Platform or any of its content are accessible or appropriate outside of the United States. Access to the Answersure.com Platform may not be legal by certain persons or in certain countries. If you access the Answersure.com Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Answersure.com Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO

YOUR USE OF THE ANSWERSURE.COM PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANSWERSURE.COM PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ANSWERSURE.COM PLATFORM LINKED TO IT.

YOUR USE OF THE ANSWERSURE.COM PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANSWERSURE.COM PLATFORM IS AT YOUR OWN RISK. THE ANSWERSURE.COM PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANSWERSURE.COM PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ANSWERSURE.COM PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ANSWERSURE.COM PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANSWERSURE.COM PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ANSWERSURE.COM PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ANSWERSURE.COM PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Data Disclaimer

Since we are only a database platform and not the creator of the databases used on the Platform, and the compiling of the data is not controlled by the Company, Company makes no representations or warranties about the quality of any data, nor can we ensure that any data is compliant with any third-party certification requirements.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ANSWERSURE.COM PLATFORM, ANY ANSWERSURE.COM PLATFORMS LINKED TO IT, ANY CONTENT ON THE ANSWERSURE.COM PLATFORM OR SUCH OTHER ANSWERSURE.COM PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF (A) $100.00 OR (B) SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Answersure.com Platform, including, but not limited to any use of the Answersure.com Platform’s content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Answersure.com Platform.

Governing Law and Jurisdiction

All matters relating to the Answersure.com Platform and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Answersure.com Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey, in each case located in the City of Spotswood and County of Middlesex, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from this Agreement or use of the Answersure.com Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.

Waiver and Severability

No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

Entire Agreement

The Agreement and our Privacy Policy constitute the sole and entire agreement between you and Answersure.com, Inc. regarding the Answersure.com Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Answersure.com Platform.

Your Comments and Concerns

The Answersure.com Platform is operated by Answer Sure, LLC. All feedback, comments, requests for technical support, and other communications relating to the Answersure.com Platform should be directed to: support@Answersure.com

Contact Information

Email: contact@answersure.com