Terms of Service
Last Updated: September 24, 2019
By using CCPA Toll Free, you are agreeing to these Terms. If you do not agree to these Terms, do not use CCPA Toll Free. If you are using CCPA Toll Free on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization’s behalf. In that case, “you” and “your” will refer to that organization.
We may revise the Terms periodically. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use CCPA Toll Free after revisions become effective, you are agreeing to the revised Terms. Changes will become effective against you upon the conclusion of your then current term (i.e. month or year). If you do not agree to the revised Terms, do not renew CCPA Toll Free at the end of your term. Unless you are placing an Order Form Subscription (as defined below), we do not individually negotiate these terms. However, this site is made by lawyers for lawyers, and if something in these Terms prevents you from signing up, please comment here. If we find your comments compelling, we’ll upgrade these Terms for all our subscribers.
Your CCPA Toll Free Account
To use CCPA Toll Free, you’ll need to create an account, either via CCPA Toll Free or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your CCPA Toll Free account.
You are responsible for safeguarding your CCPA Toll Free login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account that you’re aware of, and we’ll do the same.
By using CCPA Toll Free, you may provide us with text, audio content, images, file attachments, and other information (“your content”). You retain full ownership of your content–what belongs to you stays yours.
You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed right away (from backups not within our direct control, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.
You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Using CCPA Toll Free
CCPA Toll Free is owned by Privacy Toll Free, LLC and its licensors and may be protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may only use CCPA Toll Free as permitted by law, including all applicable federal, state, local or international laws and regulations. You may not use CCPA Toll Free in any manner that could reasonably cause harm to the Service, to Privacy Toll Free, LLC or to any third party. For example, do not:
- Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from CCPA Toll Free, or use CCPA Toll Free in any way other than through our publicly supported interfaces;
- Access, tamper with, or use non-public areas of CCPA Toll Free, CCPA Toll Free’s computer systems, or the technical delivery systems of CCPA Toll Free’s providers;
- Probe, scan, or test the vulnerability of any CCPA Toll Free system or network or breach any security or authentication measures;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide CCPA Toll Free;
- Plant malware or use CCPA Toll Free to distribute malware;
- Violate the privacy of others;
- Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;
- Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others’ rights;
- Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing CCPA Toll Free, or introducing any other material or content which is malicious or technologically harmful;
- Attack CCPA Toll Free via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of CCPA Toll Free;
- Attempt any of the above, or encourage or enable any other individual to do any of the above.
For the purpose of complying with the California Consumer Privacy Act of 2018 and any similar laws, (a) CCPA Toll Free is a “Service Provider” as defined therein, (b) you disclose “Personal Information” (as defined therein) to CCPA Toll Free solely for a valid business purpose and for CCPA Toll Free to provide Services, and (c) CCPA Toll Free will not: (i) sell Personal Information; (ii) retain, use, or disclose Personal Information for a commercial purpose other than providing the Services; and (iii) retain, use, or disclose Personal Information outside of the business relationship between CCPA Toll Free and you. CCPA Toll Free understands the foregoing restrictions and will comply with them.
Confidential Information. From time to time, either party (the “Disclosing Party”) may disclose or make available to the other party (the “Receiving Party”) non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, user/client, and marketing information. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall to the extent lawful, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party’s sole cost and expense, a protective order or other remedy.
We respect the intellectual property rights of others, and expect you to do the same.
It is our policy to terminate the CCPA Toll Free account of anyone who repeatedly infringes the copyright or intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, CCPA Toll Free will respond expeditiously to claims of copyright infringement committed using CCPA Toll Free as reported to our Designated Copyright Agent.
If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact our Copyright Agent at the address below and provide the following information:
- Your full legal name and electronic or physical signature
- A description of the copyrighted work or other interest that you believe has been infringed;
- Enough information to properly identify and locate that content
- Contact information, including your address, telephone number, and email address
- The following statements in the body of notice:
- “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.”
- “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”
Upon receipt of notice as described above, we will seek to confirm the existence of the IP on CCPA Toll Free and take whatever action, in its sole discretion, we deem appropriate.
Our designated Copyright Agent for notices of copyright infringement and counter-notices is: Privacy Toll Free, LLC, Attn: Copyright Agent, 2093 PHILADELPHIA PIKE #4678, CLAYMONT, DE 19703; and copyright@CCPATollFree.com
We may terminate or modify your access to and use of CCPA Toll Free, at our sole but reasonable discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use CCPA Toll Free in any way that would cause us legal liability or disrupt others’ use of CCPA Toll Free.
Likewise, you may cancel your account at any time, and we will be sorry to see you go.
If we suspend or terminate your use of CCPA Toll Free, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend you immediately.
Unless otherwise specified, CCPA Toll Free may use your name, logo and marks to identify you as an CCPA Toll Free customer on CCPA Toll Free’s website and other marketing materials.
CCPA TOLL FREE IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CCPA Toll Free is not a law firm and does not provide legal advice, and you should not construe any content made available in connection with the Service as legal advice. Privacy Toll Free, LLC will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of CCPA Toll Free. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Mutual Limitation of Liability
(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT A PARTY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OR ARISING OUT OF THE SERVICE SHALL NEVER EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO PRIVACY TOLL FREE, LLC FOR THE PAST TWELVE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.
Terms of Paid Subscriptions
You may purchase a subscription to the Services via the CCPA Toll Free website (“Online Subscription”) or pursuant to an ordering document (“Order Form Subscription”). Order Form Subscriptions are only available for non-refundable commitments of at least $10,000 paid in advance (e.g., on account of private cloud or consulting services). If you purchase a subscription to the Services, the following terms of subscription will apply to you:
Subscription Term. The Services are provided on a subscription basis for a term defined in the Online Subscription, or on the Order Form Subscription, as applicable (each, a “Subscription Term”).
Cancellation. You may cancel your subscription at any time; however, you are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are noncancelable.
Renewals. For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. Online Subscriptions can be cancelled directly at www.CCPATollFree.com. For Order Form Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term, unless cancellation is requested in writing (including by email to support@CCPATollFree.com) at least thirty (30) days prior to the expiration of the then-current Subscription Term.
Upgrades and Downgrades. Plan upgrades are effective immediately and reset your month end date. If you’re upgrading from an annual plan, we will apply a pro-rata credit to your account based on the number of whole months remaining in your plan. We do not apply credits to upgrades from monthly plans, or to any service downgrades, so you may wish to make account changes at the end of the applicable service period.
Per Call Fees. We provide our Services on a flat rate basis per month or per year, as applicable, based on our experience with normal client call volumes. If you greatly exceed these norms (e.g., you fall into the 99th percentile for call volume), then we reserve the right to charge additional fees per call as follows: (a) Small Business plans include 60 calls/mo, and additional calls are $0.33 each; (b) Medium Business plans include 120 calls/mo, and additional calls are $0.29 each and (c) Enterprise plans include 600 calls/mo, and additional calls are $0.19 each
Billing and Payment. If you purchase a subscription to the Services via credit card, debit card or other payment card (collectively, “Credit Card”), you hereby authorize CCPA Toll Free (or its designee) to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to CCPA Toll Free. Any Service tier upgrade beyond the scope of the initial Online Subscription or Order Form Subscription, as applicable, will incur an additional charge, and will be included in a true-up invoice or charged automatically via Credit Card, as applicable.
Late Payments. Notwithstanding the mutual limitation of liability described above, any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the reasonable costs of collection). CCPA Toll Free may terminate your subscription if you fail to promptly pay any outstanding fees.
Taxes and Fees.You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on CCPA Toll Free’s net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.
Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the state and federal courts located in New York County, New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You agree that any claim you may have against us, including our past and present employees and agents, shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against us. These Terms constitute the entire and exclusive agreement between you and Privacy Toll Free, LLC, and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. A party’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at legal@CCPATollFree.com.