Member Terms of Service
Last Update: January 28, 2008
Welcome to the Member Agreement for YouGottaCall.com, LLC. This agreement describes the terms by which you may
access and use our services. Service Providers will be bound by this Member Agreement and by the additional
requirements of the Service Provider Agreement. In order to become a YouGottaCall.com member, you must read and
accept all of the terms and conditions of this agreement and the
Privacy Policy. In the event of any
inconsistency between the YouGottaCall.com Privacy Policy and this Member Agreement, the Member Agreement shall
control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not
agree to be bound by the terms of this Agreement, you may not use nor access our services.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on
this website. Your continued use of the YouGottaCall.com service indicates your acceptance of the amended Member
Agreement.
Description of Service
YouGottaCall.com is an online service that allows members to use the internet to generate “word of mouth”
referrals to local trusted service providers (TSPs).
Membership Elligibility
The YouGottaCall.com Service is not available to minors under the age of 18 or to any members suspended or removed
from the system by YouGottaCall.com for any reason. Members may not have more than one active account. Additionally,
members are prohibited from selling, trading, or otherwise transferring your YouGottaCall.com account to another
party. If you do not qualify, you may not use the YouGottaCall.com Service.
Use of Service
Your use of the YouGottaCall.com Service is governed by this Member Agreement. YouGottaCall.com may refuse service
without prior notice to any member for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for
all activities that occur under your password or account with or without your knowledge. If you knowingly provide
your login and password information to another person, your account privileges may be suspended temporarily or
terminated. You agree to immediately notify YouGottaCall.com of any unauthorized use of your password or account or
any other breach of security. YouGottaCall.com cannot and will not be liable for any loss or damage arising from
your failure to comply with this section.
Termination
You agree that YouGottaCall.com may, with or without cause, immediately terminate your YouGottaCall.com account and
access to the YouGottaCall.com Service without prior notice. Without limiting the foregoing, the following will lead
to a termination by YouGottaCall.com of a member’s use of the YouGottaCall.com Service (a) breaches or
violations of this Member Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical
issues or problems, and (e) extended periods of inactivity. Termination of your YouGottaCall.com account includes
removal of access to all offerings within the YouGottaCall.com Service and may also bar you from further use of the
YouGottaCall.com Service. Furthermore, you agree that all terminations shall be made in YouGottaCall.com’s sole
discretion and that YouGottaCall.com shall not be liable to you nor any third-party for any termination of your
account or access to the YouGottaCall.com Service.
Member Conduct
You understand and agree not to use YouGottaCall.com to:
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Post content or initiate communications which are unlawful, libelous, abusive, obscene,
discriminatory, or otherwise objectionable.
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Use the YouGottaCall.com Service for any illegal purpose, including but not limited to conspiring to
violate laws.
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Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of
a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations
with a person or entity, past or present.
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Upload, post, email, transmit or otherwise make available any content or initiate communications which
include information that you do not have the right to disclose or make available under any law or under
contractual or fiduciary relationships (such as insider information, or proprietary and confidential
information learned or disclosed as part of employment relationships or under nondisclosure agreements).
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Upload, post, email, transmit or otherwise make available any content or initiate communication that
infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
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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. This prohibition includes but is not
limited to (a) Using YouGottaCall.com invitations to send messages to people who don’t know you or
who are unlikely to recognize you as a known contact;(b) Using YouGottaCall.com to connect to people who
don’t know you and then sending unsolicited promotional messages to those direct connections without
their permission; and (c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
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Upload, post, email, 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 or telecommunications equipment.
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Stalk or harass anyone.
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Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted
through the YouGottaCall.com Service.
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Post content in fields that aren’t intended for that content. Example: Putting an address in a name or
title field.
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Interfere with or disrupt the YouGottaCall.com Service or servers or networks connected to the
YouGottaCall.com Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the YouGottaCall.com Service.
International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but
not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the United States or the country in
which you reside.
Information Provided on this Website
In the course of using the YouGottaCall.com Service, members may provide information about themselves which may be
visible to certain other members (see our Privacy Policy
to learn more about information collected on this website). You understand that by posting materials on the
YouGottaCall.com website or otherwise providing materials to YouGottaCall.com, you are granting to YouGottaCall.com
Corporation a royalty-free, perpetual, irrevocable license to use this information in the course of offering the
YouGottaCall.com service. Furthermore, you understand that YouGottaCall.com retains the right to reformat, excerpt,
or translate any materials submitted by you. You understand that all information publicly posted or privately
transmitted through the YouGottaCall.com Service is the sole responsibility of the person from which such content
originated and that YouGottaCall.com will not be liable for any errors or omissions in any content. You understand
that YouGottaCall.com cannot guarantee the identity of any other members with whom you may interact in the course
of using the YouGottaCall.com Service. Additionally, we cannot guarantee the authenticity of any data which members
may provide about themselves or relationships they may describe.
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any
web pages contained in the YouGottaCall.com website is strictly prohibited. You agree not to monitor or copy, or
allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame”
or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that
interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited
to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer
viruses.
YouGottaCall.com Communications
In the course of providing you services, YouGottaCall.com may need to communicate with you via email
(see our Privacy Policy to learn more
about communications). You agree to receive emails which are specific to your account and necessary for the normal
functioning of the YouGottaCall.com Service, including a series of up to three welcome emails which help inform new
members about various features of the YouGottaCall.com Service. You agree to receive emails to monitor your use of
the service and to allow YouGottaCall.com to monitor and improve the quality of its offerings. You also agree to
have your name and/or email address listed in the header of certain communications which you initiate through the
YouGottaCall.com Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the YouGottaCall.com Service, we are not
obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we
don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes
choose not to comply with our policies and practices, in the process of using our website, you may be exposed to
content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of
content that you find objectionable. We may investigate the complaints and violations of our policies that come to
our attention and may take any action that we believe is appropriate, including, but not limited to issuing
warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and
interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in
any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Fees
Signing up for a member YouGottaCall.com account is free. YouGottaCall.com reserves the right to charge for the
YouGottaCall.com Service or any portion thereof, modify the pricing of, add to, or discontinue the YouGottaCall.com
Service or any portion thereof without prior notice. However, any member will have the right to cancel their
membership before any fees are imposed.
Rewards
Members will receive rewards when a member in their network purchases from a Trusted Service Provider (TSP) in the
network. The amount of the reward will depend on the amount designated by the TSP and the connection level of the
members involved in the transaction. The specific payment percentages will be based on the payment percentage plan
in effect at the time of the transaction.
By law and regulation, some professions including legal, insurance, investment and real estate are constrained from
paying referral fees to non-licensed persons. Referral fees that members may have otherwise earned from referrals
to such professionals will be donated directly to the non-profit of the member’s choice. Members will enjoy
no benefits of such donations including tax deductions.
The current plan is available in the FAQ section at YouGottaCall.com.
Indemnification
By accepting this Member Agreement, you agree to indemnify and otherwise hold harmless YouGottaCall.com, LLC, its
officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental,
special, consequential or exemplary damages resulting from i) your use of the YouGottaCall.com Service; ii)
unauthorized access to or alteration of your communications with or through the YouGottaCall.com Service, or iii)
any other matter relating to the YouGottaCall.com Service. Any business transactions which may arise between
members from their use of YouGottaCall.com are the sole responsibility of the members involved.
You understand that YouGottaCall.com provides a network by which you may connect with a Trusted Service Provider.
However, any business transactions between you and a Trusted Service Provider are independent of YouGottaCall.com.
All contracts, damages, and liability whether direct or indirect are between you and the Trusted Service Provider
and not YouGottaCall.com.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that
YouGottaCall.com may disclose personally identifiable information if required to do so by law or in the good faith
belief that such disclosure is reasonably necessary to comply with legal process, enforce this Member Agreement, or
protect the rights, property, or safety of YouGottaCall.com, its members, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE YOUGOTTACALL.COM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS AND THAT YOUGOTTACALL.COM DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF
ANY MEMBER INFORMATION OR COMMUNICATIONS BETWEEN MEMBERS. YOUGOTTACALL.COM ASSUMES NO RESPONSIBILITY FOR THE
ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN MEMBERS. YOUGOTTACALL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOUGOTTACALL.COM MAKES NO WARRANTY THAT (i) THE YOUGOTTACALL.COM SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
YOUGOTTACALL.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE YOUGOTTACALL.COM SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE YOUGOTTACALL.COM SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YOUGOTTACALL.COM SERVICE IS DONE 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 ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUGOTTACALL.COM OR THROUGH OR FROM THE
YOUGOTTACALL.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS MEMBER AGREEMENT.
Entire Agreement
The Member Agreement constitutes the entire agreement between you and YouGottaCall.com and governs your use of the
YouGottaCall.com Service, superseding any prior agreements between you and YouGottaCall.com.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUGOTTACALL.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOUGOTTACALL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL
YOUGOTTACALL.COM’S TOTAL CUMULATIVE DAMAGES EXCEED US $100.
Governing Law
The Member Agreement between you and YouGottaCall.com Corporation will be governed by and construed in accordance
with the laws of the State of Connecticut without regard to conflict of laws principles.
General Information
YouGottaCall.com, the YouGottaCall.com logo, and other YouGottaCall.com logos, slogans and names are trademarks of
YouGottaCall.com LLC. You agree not to display or use these trademarks in any manner without YouGottaCall.com‘s
prior, written permission. The section titles of this Member Agreement are displayed for convenience only and have
no legal effect. Please send any questions or comments, or report violations of the Member Agreement to:
YouGottaCall.com, LLC
Attn: Member Agreement Issues
400 Chapel Road, Suite 1M
South Windsor, CT 06074
or by email at:
membercare@yougottacall.com