Terms of Use

The following are terms of a legal agreement between you and SingleComm LLC regarding your access and use of this website (the “Site”). By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this website.

SingleComm may at any time, without notice to you, revise these Terms of Use and any other information contained in this website by updating this posting. SingleComm may also make improvements or changes in the products, services, or programs described in this Site at any time without notice.

General

This Site and all content in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without SingleComm's prior written consent, except that Five9 grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this Site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on your not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, SingleComm does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on another website or in any other media.

Disclaimers

Information on this website is not promised or guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. SingleComm assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site.

SingleComm provides no assurances that any reported problems will be resolved by SingleComm, even if SingleComm elects to provide information with the goal of addressing a problem.

Confidential Information

SingleComm does not wish to receive any confidential or proprietary information from you through our website. Please note that any information or material sent to SingleComm will be deemed NOT to be confidential or proprietary to you or any third party. By sending SingleComm any information or material, you grant SingleComm an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, such material or information. You also agree that SingleComm is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to SingleComm for the purpose of receiving products or services will be handled in accordance with the SingleComm privacy policy.

Business Relationships

This website may provide links or references to third party websites and resources. SingleComm makes no representations, warranties, or other commitments whatsoever about any third party websites or third party resources that may be referenced, accessible from, or linked to any SingleComm site. A link to a third party website does not mean that SingleComm endorses the content or use of such website or its owner. In addition, SingleComm is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the SingleComm site. Accordingly, you acknowledge and agree that SingleComm is not responsible for the availability or quality of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a third party website, even one that may contain the SingleComm logo, please understand that it is independent from SingleComm, and that SingleComm does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this Site

All links to this website must have prior approval in writing by SingleComm. With such prior written approval, SingleComm may consent to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with SingleComm; (c) imply that SingleComm approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about SingleComm or otherwise damage Five9’s reputation or the goodwill associated with the SingleComm name or trademarks. As a further condition to being permitted to link to this Site, you agree that SingleComm may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any SingleComm trademark or trade name.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SINGLECOMM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, SINGLECOMM MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

LIMITATION OF LIABILITY

IN NO EVENT WILL SINGLECOMM BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SINGLECOMM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional Terms

These Terms of Use do not create any third party beneficiary rights.

If you do not comply with these Terms of Use, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the Commonwealth of Virginia, US, excluding Virginia’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use. All claims arising out of or relating to these Terms of Use will be litigated exclusively in the federal or state courts located in Richmond, Virginia, US, and you and SingleComm consent to personal jurisdiction in those courts.

For information about how to contact SingleComm, please visit our Contact page.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

SingleComm Trademarks

SingleComm is a registered trademark in the United States. Please note that laws concerning use and marking of trademarks or product or service names vary by country. Always consult a local attorney for additional guidance.

Some common law marks used by SingleComm may not be listed on this page. Failure of a mark to appear on this page does not mean that Five9 does not use the mark nor does it mean that the product or service is not actively marketed or is not significant within its relevant market.