Before using any of the StaffDaD services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.
In order to use the Services, you understand and agree that you must obtain access to the World Wide Web (at your own cost), either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices.
User Account, Password, and Security.
StaffDad is an account - based service. The individual user (You) are
responsible for maintaining the privacy of your account and password.
You are entirely responsible for any and all activities that occur under
your account. You agree to immediately notify us of any breach of
security or unauthorized use of your account. PhoenixCTI is not liable
for any loss that may occur due to the unauthorized
or authorized use of your account or password, with or without your knowledge. You also agree to not use anyone else's account at any time, unless you have received direct written consent from the account holder to do so.
Personal, Non-Commercial and
Commercial Use Limitation. Unless direct written consent has
been received the Website and its services are to be used solely for
your own personal, non-commercial and commercial use. You do not have
the right to copy, modify, transmit, distribute, display, perform,
reproduce, publish, license, create derivative works from, transfer,
lease, or sell any information, software, products or services obtained
from the StaffDad Website. PhoenixCTI reserves the right to refuse
service or use of its software to anyone, for any reason and at any time
No Unlawful or Prohibited Use. Part of your agreement with PhoenixCTI is that you will NOT use the StaffDad Website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of PhoenixCTI. Users agree that all information given is true and agrees not to falsify any information provided to StaffDad. You may NOT use the StaffDad Website in a manner which could/may damage, disable, overburden, or impair any aspect of the StaffDad Website, the network or networks connected to the Website, or interfere with any other party's ability to use the Website. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the StaffDad Website.
Use of Services. The StaffDad Website contains messaging tools with the purpose of enabling you to communicate with others in your place of employment. You consent to use the messaging tools only for their designated purpose, including posting, sending, and receiving messages and material that are related and proper.
You agree to not use the messaging tools for
and not limited to any of the following: Defamation, abuse, harassment,
stalking, threatening, or in any other way violating the legal rights of
others. Further you agree to not use the messaging tools to dispense
surveys, contests, chain letters, pyramid schemes, junk email, spam, or
any other unsolicited messages that are not directly related to the
intended purpose of the StaffDad Website. Do not attempt any of the
following: Publish, post, upload, distribute, disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information. Upload files that contain
software or other material protected by intellectual property laws
(unless you own or control rights or have received the necessary consent
to). Upload files that contain viruses, Trojan horses, worms, time
bombs, cancel bots,
corrupted files, and/ or any other similar software or programs that may damage the operation of another's computer or property, or damage the StaffDad Website in any way. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using the messaging tools. Violate any code of conduct or other guidelines which may be applicable for any particular messaging tool. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity. Use, download, copy or provide to a person or
entity any directory of users of a StaffDad Website other user or usage information or any portion thereof. PhoenixCTI has no obligation to monitor the messaging tools. However, PhoenixCTI does reserve the right to review the materials posted using the messaging tools and to remove any materials at our sole discretion. PhoenixCTI reserves the right to terminate your ability to access the messaging tools at any time, without notice, for any reason whatsoever. PhoenixCTI also reserves the right to, at all times, disclose any information as PhoenixCTI deems necessary to satisfy any laws, regulations, legal process or governmental request. To edit, refuse, refuse to post, or remove any information or materials in whole or part, without notice. Caution must always be used when giving out any personally identifiably information about yourself, spouse, or dependents, especially when utilizing the messaging tools. PhoenixCTI does not endorse or control the content, messages, or any other information sent or received through the messaging tools, and as such disclaims any liability in relation to the messaging tools, and any actions resulting from your participation in any messaging tool. Users are not authorized spokespersons of PhoenixCTI, and the views expressed by these individuals are not endorsed by the StaffDad Website. Materials uploaded to the messaging tools maybe be subject to limitation on usage, reproduction, or dissemination, you are responsible for adhering to such limitations if you download the materials.
We are not involved in the actual transaction between users even though we may provide software and services. As a result, the quality, reliability, safety or legality of these is the responsibility of the user.
Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ss 1030 et seq.), relevant state statutes and the laws of the other states and territories of the USA. Such violations may subject the offender and his or her agents to civil and criminal penalties.
Software Malfunction or Website Interruption. PhoenixCTI will make its best efforts to maintain its products and services as operational at all times. We are not liable for any known or unknown interruptions in our products, the Website or its services. You agree to defend, indemnify and hold harmless PhoenixCTI, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of any software malfunctions or website service interruption, including without limitation claims made by third parties related to your use of the Site.
Jurisdiction. By visiting this website you agree that in all matters relating to this website, you shall be governed by the laws of the State of Colorado, as applicable. You may not use this website if law prohibits you from doing so in the country in which you reside.
Payment. A valid credit card is required for paying accounts. You are responsible for updating your credit card information if your credit card expires or is over the limit or no longer valid. Company reserves the right to discontinue, temporarily or permanently suspend your account if a valid credit card is not supplied at all times during the term of the Terms. All fees are non-refundable and no credits shall apply. You agree and understand that if You or Company terminate these Terms for any reason, You will not be entitled to any refunds or credit (for partial months/periods of the Services or otherwise). All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, excluding only Company's United States (federal or state) income taxes.
Modifying your subscription. If you choose to upgrade the number of staff during the elected subscription period, any incremental cost will be pro-rated and billed for the same timeframe as your current billing. No refunds will be provided for reducing the number of staff or the length of the subscription.
Cancellation and Termination. The account owner (as defined in the sign-up procedure) is responsible for canceling the account, and can cancel the account by cancelling the recurring payments through PayPal. Once the account is cancelled and the term is completed, there will be no access to any content, and PhoenixCTI reserve the right to delete all such content in the normal course of operation. This content cannot be recovered once the account is cancelled and the term is completed.
Regardless of the billing cycle, there are no refunds or credits for unused partial or full months of Service, or reducing the number of staff.
Release and Indemnity. You hereby expressly and irrevocably release and forever discharge PhoenixCTI, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless PhoenixCTI, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or StaffDad username and password, or (iv) any violation of any rights of a third party.