Think Freely Marketing Group, LLC. is the proprietor of CallTracker360.com, upon which it runs a service called CallTracker360 using Analytical Call Tracking Software, a telephone call tracking application.
CallTracker360 has been designed for individuals and groups to track telephone calls originating from various sources and marketing campaigns.
1. Your CallTracker360 Account and use of the Website.
If you create a account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Think Freely Marketing Group may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause Think Freely Marketing Group liability. You must immediately notify Think Freely Marketing Group of any unauthorized uses of your outline, your account or any other breaches of security. Think Freely Marketing Group will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Think Freely Marketing Group may from time to time set storage limits for your results, or take any other measures Think Freely Marketing Group considers appropriate to manage the Website. Think Freely Marketing Group will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the screen you see when you log in to your Calltracker360.com account or via the Calltracker360.com blog. If you exceed the storage limits, CallTracker360 may require you to reduce the storage you are using or pay an appropriate fee.
Think Freely Marketing Group may post blog entries about its policy changes, and you may wish to check your application for Think Freely Marketing Group’s announcements about any such changes.
2. Responsibility of Users.
If you operate an account, contribute to an account, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Think Freely Marketing Group or otherwise.
- If you delete Content, Think Freely Marketing Group will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Think Freely Marketing Group has the right (though not the obligation) to, in Think Freely Marketing Group’s sole discretion (i) refuse or remove any content that, in Think Freely Marketing Group’s reasonable opinion, violates any Think Freely Marketing Group policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Think Freely Marketing Group’s sole discretion. Think Freely Marketing Group will have no obligation to provide any refund of any amounts previously paid.
3. Fees and Payment.
By selecting a paid service you agree to pay Think Freely Marketing Group the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. Service fees are refundable only within the first 30 days of service. Overage fees, including additional phone numbers and minutes not included in the chosen plan, are not refundable under any circumstances.
4. Responsibility of Website Visitors.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may technical inaccuracies, typographical mistakes, and other errors. Think Freely Marketing Group disclaims any responsibility for any harm resulting from the use by visitors of the Website.
5. Call Recording
CallTracker360 makes available technology that offers clients the ability to record incoming telephone calls. When a calling party initiates a call to a tracking phone number, CallTracker360 will, at your discretion, create a digital audio recording of the telephone call. CallTracker360 provides the ability to play a customizable voice message at the beginning of each call to alert callers that the call will be recorded. If you choose to record telephone calls, you expressly agree and acknowledge that:
- you authorize Think Freely Marketing Group to make incoming call recordings on your behalf.
- you either:
- authorize Think Freely Marketing Group to play a voice message advising the caller that the call is being recorded prior to the call being connected to the party answering the call; OR
- make the necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made of an call in accordance with the law;
- you must notify your employee, contractor, officer, agent, authorized representative or other third party that their telephone conversation with a caller is being recorded by CallTracker360; and
- Think Freely Marketing Group shall have no liability whatsoever in respect of any use made by you, your employee, contractor, officer, agent, authorized representative or other third party, of the recordings and its contents, and/or of any personal information.
6. Voicemail Services.
Think Freely Marketing Group provides optional voicemail services, which may include premium transcription services. In order to provide transcription services, Think Freely Marketing Group may leverage third-party transcription providers. If you wish to opt-out of voicemail transcription services, please contact our support team.
7. Acceptable Use Policy.
This Acceptable Use Policy describes actions that Think Freely Marketing Group prohibits when you use our services. By using Think Freely Marketing Group services, you consent to this policy. If you do not agree to this policy, please do not use our services. We may in our sole discretion determine whether you are in violation of this Acceptable Use Policy. Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited.
Here are a few examples of usages that are in violation of this policy. This is not an exhaustive list.
- Launching (or facilitating) a Denial of Service attack on our services or any third parties.
- Attempting to break or bypass any security mechanism in our services.
- Testing or reverse-engineering our services in order to find limitations, vulnerabilities or evade filtering capabilities.
- Using our services in any manner that may subject Think Freely Marketing Group or any third party to liability, damages or danger.
- Using our services to manipulate phone-based verification systems (eg. Craigslist).
- Engaging in fraud, either with Think Freely Marketing Group or with any third party.
- Promoting or engaging in illegal activities.
- Using our services in a manner not authorized by Think Freely Marketing Group.
Violation of this Acceptable Use Policy may result in the immediate suspension or termination of your account, as well as civil and/or criminal liability. We reserve the right to change the Acceptable Use Policy from time to time without notice by posting changes to our website.
8. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Calltracker360.com links, and that link to Calltracker360.com. Think Freely Marketing Group does not have any control over those non-Think Freely Marketing Group websites and webpages, and is not responsible for their contents or their use. By linking to a non-Think Freely Marketing Group website or webpage, Think Freely Marketing Group does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Think Freely Marketing Group disclaims any responsibility for any harm resulting from your use of non-Think Freely Marketing Group websites and webpages.
9. Copyright Infringement.
As Think Freely Marketing Group requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Calltracker360.com violates your copyright, you are encouraged to notify Think Freely Marketing Group. Think Freely Marketing Group will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Think Freely Marketing Group or others, Think Freely Marketing Group may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Think Freely Marketing Group will have no obligation to provide a refund of any amounts previously paid to Think Freely Marketing Group to any person in respect of any such termination.
CallTracker360, Calltracker360.com, and all other trademarks, service marks, graphics and logos used in connection with Calltracker360.com, or the Website are trademarks or registered trademarks of Think Freely Marketing Group or Think Freely Marketing Group’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Think Freely Marketing Group, CallTracker360 or third-party trademarks.
You agree that Think Freely Marketing Group may reference you and your company as a client of Think Freely Marketing Group’s products and services in Think Freely Marketing Group’s advertising and marketing.
The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of Think Freely Marketing Group and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
13. Limitation of warranties of Think Freely Marketing Group, its suppliers and its licensors.
Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and Think Freely Marketing Group, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Think Freely Marketing Group, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. If you’re actually reading this, here’s a treat. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
14. Limitation of liability of Think Freely Marketing Group, its suppliers and its licensors.
Except as otherwise expressly stated, in no event will Think Freely Marketing Group, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Think Freely Marketing Group, its suppliers or its licensors were expressly advised of the possibility of such damages. In the event fees are paid for the use of the CallTracker360 site pursuant to paragraph 3, in no event will the aggregate liability for any and all of your claims against Think Freely Marketing Group, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Think Freely Marketing Group during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
15. User General Representation and Warranty.
You agree to defend, indemnify and hold harmless Think Freely Marketing Group, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website and Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between Think Freely Marketing Group and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Think Freely Marketing Group, or by the posting by Think Freely Marketing Group of a revised version on the CallTracker360 Website. Except to the extent of applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the United States. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, the terms hereof in writing. Think Freely Marketing Group may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
18. Governing Law
This Agreement shall be governed by and construed in accordance with Georgia State law. By accepting these terms and using Think Freely Marketing Group’s services, you consent to exclusive personal jurisdiction and venue in and before the Superior Court of the State of Georgia for Fulton County. The parties agree that any and all discovery, including but not limited to the taking of depositions and document production, shall take place in Atlanta, Georgia.
Thanks for reading, we hope you had fun!
Note: CallTracker360.com is a call tracking and reporting service using Analytic Call Tracking Software.