AnswerMate™ by InternetSeer®, Inc. Terms of Use

AnswerMate™ is a division of InternetSeer.com, Corp. ("InternetSeer" , "we" or “us).

The following Terms and Conditions describes the terms on which the AnswerMate™ web site (referred to throughout this document as “Our Site” or the “AnswerMate Site”), offers you and the company, business or organization you represent (collectively referred to throughout this document as "users" or "you" and singly as “individual user” or “company” or “companies” as applicable) access to our site and Services (collectively, the "AnswerMate Service" or "Our Services") in order to serve website users (collectively referred to throughout this document as “website users”). Before registering as users of the AnswerMate Service, please read all of these terms carefully, as your use of the AnswerMate Site and the AnswerMate Service constitutes an acceptance of these Terms of Use. If you do not agree to these Terms of Use, you may not use the AnswerMate Site or the AnswerMate Service.

We may amend these Terms of Use at any time. Except as stated below, all amended terms shall automatically be effective upon being posted by us on Our Site. Accordingly, you should check Our Site frequently for any changes to these Terms of Use. Your continued use of Our Site or Our Services following any change in these Terms of Use constitutes your acceptance and agreement to be bound by such change.

1. Fees for Services

1.1 AnswerMate Service. Companies signing up to use the AnswerMate Service are subject to a 30-day trial period. Upon expiration of this trial period, you must stop using the AnswerMate Service if you do not agree to pay the fees for Our Services. Users who continue to use the AnswerMate Service after the trial period hereby agree to pay. If you do not agree to the terms in this section, you may not sign up to use the AnswerMate Service.

1.2 Service Fee. Companies will pay a monthly Service Fee to cover system maintenance and communications. The monthly Service Fee may be altered based on unique criteria. For complete details, please see our Pricing page.

1.3 Fees for service and payment: Upon expiration of the 30-day free trial period, Companies may elect to terminate use of the Service or pay the then current fee by credit card. AnswerMate will continue to bill you until the use of Our Services is discontinued. Please note that we reserve the right to refuse or discontinue providing the service at any time and for any reason. If your account is past due, AnswerMate will attempt to contact you, without obligation to do so, to resolve payment issues. However, this attempt will not prevent us from suspending, without notice, access to and use of Our Services by you, unless and until you pay any and all fees then due and owing, including all past due amounts. All fees for Our Services are nonrefundable.

1.4 Upgrading. We are not required to upgrade Our Services, but may do so at any time. Some upgrades may have fees associated with them. Some upgrades may not be optional. .

1.5 Billing Cycle. AnswerMate has the right to change the billing cycle that applies to the fees for Our Services at any time.

1.6 Late Charges. All fees that are not paid by the next billing cycle will incur a late charge of 1.5% per month (18% annum) from the date of the charge.

1.7 Changes to Fees and Services... Please note that we may choose to temporarily change our fees for promotional events. Such changes are effective only for the duration stated, whether explicit or implicit, available to new users only or otherwise at our sole discretion. We may, in our sole discretion, change some or all of Our Services at any time. When we introduce a new service, the fees for that service are effective upon its launch. Unless otherwise stated, all fees are quoted in, and all payments shall be made in, U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with using Our Services and Our Site. InternetSeer reserves the right to change, suspend or discontinue all or any aspect of Our Services at any time, including the availability of any feature, service, database or content, without prior notice. In the event that InternetSeer discontinues the AnswerMate Service, InternetSeer agrees to refund to you a pro rata portion of the monthly fee for the month in which InternetSeer discontinues the AnswerMate Service.

1.8. Termination. You may terminate the AnswerMate Service at any time by notifying us in writing, sent to us as provided below.

2. The AnswerMate Service’s Role in the Communications Process

2.1 Overview. The AnswerMate Service is a communications facility on which users can facilitate communication with their website customers. It's primary intent is to foster more efficient sales and customer service processes. Our platform operates as a communications channel between website users and the companies or organizations they contact on our system. Individuals should exercise the same care and discretion in using the AnswerMate Service that they exercise while engaging in any online communications activity.

2.2 Release. Because we are not involved in the actual dialogue between users and their website customers, you release and hold harmless AnswerMate and InternetSeer (and our officers, directors, agents, subsidiaries, affiliates and employees) from all claims, demands and damages (direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with a dispute involving one or more website users, you and/or uses of Our Services or Our Site.

2.3 Information. We do not control the information provided by AnswerMate users or website customers, nor do we undertake to monitor or review such information. However, we have the right to delete or modify such information (without notice) that violates these Terms of Use or is otherwise considered objectionable by us in our sole discretion. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. AnswerMate and InternetSeer has no obligation, however, to review such information, or to delete or modify such information, even after being notified of a potential violation. Please note that there is also the risk of dealing with people who are using AnswerMate under false pretenses without our knowledge.

3. Your Information

3.1 Definition. "Your Information" is defined as any information you provide to AnswerMate or others in the sign-up or inquiry processes, in any public message area, through any upload feature, or through any e-mail feature. You are solely responsible for Your Information; AnswerMate only acts as a passive conduit for the online transmission of Your Information.

3.2 Conditions. You agree that: (a) Your Information shall not be false, inaccurate, or misleading; (b) Your Information shall not violate the rights of any third party, including without limitation privacy and proprietary rights; (c) Your Information shall not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) Your Information shall not be fraudulent or involve counterfeit or stolen items; (e) Your Information shall not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, anti discrimination, or false advertising); (f) Your Information shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (g) Your Information shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) Your Information shall not create liability for AnswerMate or cause us to lose (in whole or in part) the ability to provide Our Services.

3.3 Distribution. Solely to enable AnswerMate to use the information you supply us with, and to ensure that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in Your Information, including the right to reproduce, distribute, adapt, perform, display and prepare derivative works therefrom, in any media now known or hereinafter known (but no other rights). AnswerMate will only use personally identifying information in accordance with our Privacy Policy.

4. Misrepresentation

As part of the AnswerMate Service sign-up process, we have implemented a security system to help ensure that only accurate information administered by legally authorized parties is entered. AnswerMate, however, disclaims all warranties, express or implied, as to the accuracy of Your Information. This security system is explained in more detail in Section 7.2 of these Terms. When using Our Services, you agree not to falsify any of Your Information, or include any information that may be misleading or inaccurate.

5. Breach of Terms of Use

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate and refuse to provide Our Services to you, if: (a) you breach these Terms of Use or the documents they incorporate by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, or us.

6. Privacy

Our current Privacy Policy is available for your review.

7. Security

7.1 Website Users Security. Upon registering with the AnswerMate Service, all website users must choose a Username and Password. This Username and Password is required for participating in the inquiry process, and accessing features of the AnswerMate Service. To ensure their security, they should never reveal their Username or Password to outside parties.

7.2 Company Security. To prevent unauthorized parties from registering and ensure the integrity of our system, we require all companies to sign up through a traceable process. When someone from a company attempts to sign up for the AnswerMate Service, we may track the IP (Internet Protocol) Address of the computer that person is using. We will only use this IP Address to personally identify the user when we suspect that an unauthorized or malicious party is attempting to sign up for the AnswerMate Service. In that case, AnswerMate may use the IP Address we captured during registration to track the user, and AnswerMate may, but shall not be obligated, to take appropriate legal actions against parties who are attempting to use our site and Our Services under false pretenses.

8. Links

The AnswerMate Service may contain links to third party sites. We are not responsible for and do not endorse or recommend any of the content on these sites, nor are we responsible for your use of these sites or any transactions you perform on them. Be aware that any policies that govern your use of Our Service, including these Terms of Use and our Privacy Policy, do not govern the linked websites.

9. Disclaimer

THE ANSWERMATE SITE AND THE ANSWERMATE SERVICE ARE PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE, SECURITY OR FUNCTIONALITY OF THE ANSWERMATE SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE ANSWERMATE SERVICES OR THAT THE ANSWERMATE SITE OR THE ANSWERMATE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, INTERNETSEER and ANSWERMATE MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE ANSWERMATE SITE OR ANSWERMATE SERVICE WILL BE VIRUS-FREE. INTERNETSEER and ANSWERMATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE STATES, INTERNETSEER and ANSWERMATE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INTERNETSEER and ANSWERMATE EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONDUCT OF USERS OR THEIR WEBSITE USERS, INCLUDING ANY CONDUCT THAT IS DEFAMATORY, ILLEGAL, DISCRIMINATORY OR OTHERWISE IN VIOLATION OF ANY APPLICABLE TERMS AND CONDITIONS IN CONNECTION WITH THE ANSWERMATE SITE OR THE ANSWERMATE SERVICE. BY USING THE ANSWERMATE SITE OR THE ANSWERMATE SERVICE, YOU AGREE THAT YOU AND YOUR WEBSITE USERS SOLELY RESPONSIBLE FOR YOUR RESPECTIVE CONDUCT, AND THAT INTERNETSEER and ANSWERMATE HAS NO LIABILITY THEREFOR (INCLUDING NO LIABILITY FOR FAILURE TO MONITOR AND REVIEW, OR FOR FAILURE TO ENFORCE THESE TERMS OF USE).

10. Liability Limit

UNDER NO CIRCUMSTANCES WILL INTERNETSEER and ANSWERMATE BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT INTERNETSEER and ANSWERMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. INTERNETSEER and ANSWERMATE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL INTERNETSEER and ANSWERMATE'S LIABILITY TO YOU EXCEED THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO INTERNETSEER AND ANSWERMATE DURING THE NINETY (90) DAYS IMMEDIATELY PRIOR TO DAMAGE OR (ii) ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR INTERNETSEER and ANSWERMATE MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE ANSWERMATE SITE AND ANSWERMATE SERVICE. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, INTERNETSEER and ANSWERMATE'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD INTERNETSEER and ANSWERMATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, DISTRIBUTORS, RESELLERS AND MARKETING REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS (COLLECTIVELY, THE "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS OF USE OR USE BY YOU OF THE ANSWERMATE SITE OR ANSWERMATE SERVICE, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM INTERNETSEER and ANSWERMATE'S OWN NEGLIGENCE. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR OF THE ANSWERMATE SITE OR THE ANSWERMATE SERVICE PROVIDED TO YOU.

12. Legal Compliance

You shall comply at all times with all applicable laws, statutes, ordinances and regulations regarding your use of Our Services.

13. Copyright

The content, organization, graphics, design compilation, magnetic translation, digital conversion and other matters related to the AnswerMate Site and AnswerMate Service are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the AnswerMate Site and AnswerMate Service, except as provided herein, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the AnswerMate Site and AnswerMate Service. The posting of information or materials on the AnswerMate Service does not constitute a waiver of any right in such information and materials.

14. Trademark/Service Mark Information

InternetSeer® and AnswerMate™ are all service marks of InternetSeer, and may not be used without permission. Any other trademarks or service marks appearing on this site are the property of their respective owners.

15. No Agency

You and AnswerMate are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use.

16. Notices

Except as explicitly stated otherwise, (i) any notices to AnswerMate shall be made by postal mail to AnswerMate, 381 Brinton Lake Road, Thornton, PA 19373 Attn: Legal Department, and (ii) any notices to you shall be made by postings to our site. Alternatively, we may give you notice by sending an email to the e-mail address you provided us when registering, or by postal mail to the postal address you provided us when registering. In the case of e-mail, notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. In the case of postal mail, notice shall be deemed given 3 days after the date of mailing.

17. Additional Terms

The following document is incorporated by reference:

17.1 Privacy Policy. Our Privacy Policy is available for your review. We may change our Privacy Policy from time to time; all changes are effective immediately after we post them on our site.

18. General

18.1 Entire Agreement. These Terms of Use constitute the sole agreement between AnswerMate and you regarding the subject matter contained herein and fully supersede any and all other understandings or agreements, either oral or written. You acknowledge and agree that you have read and understand these Terms of Use and agree to be bound by the same.

18.2 Force Majeure. AnswerMate will not be liable in any amount for failure to perform, or delay in performing, any obligations hereunder if such delay or failure is caused by any event beyond its reasonable control including, but not limited to, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, unavailability, errors or other failures of the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.

18.3 Legal Actions. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware as though it were executed and performed therein, and without regard to its conflict of laws provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms of Use and your use of the AnswerMate Site and AnswerMate Service and/or any other InternetSeer Service shall be the state and federal courts located within State of Delaware and you consent to such jurisdiction and waive all objections to such jurisdiction and venue.

18.4 Severability. If any provision of these terms and conditions as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.

18.5 No Waiver. Any failure of AnswerMate to enforce any provision of these Terms of Use shall not constitute a waiver of any rights under such provision or any other provision of these Terms of Use. AnswerMate may only make such waiver by an express writing.

18.6 No Assignment. Any rights or obligations granted to you hereunder may not be assigned or transferred to any other person or to any entity.

All products, services, and technologies are Patent Pending. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. AnswerMate is not affiliated with any company using the “AnswerMate” service or trademark. All customer dramatizations are for marketing purposes only and are fictional. Any resemblance to persons, either living or deceased is purely coincidental.
Terms of Use & Privacy Policy