Terms of Use

This website ("Site") provides you information, documents, software and products (collectively, "Materials") and various services ("Services") offered by AICO Systems Inc. and its affiliated companies (collectively, "AICO"). The Site and its Materials and Services are subject to the terms and conditions set forth in this document ("Terms"). Your use of the Site constitutes your agreement to all such Terms. If you do not wish to be bound by these Terms, you may not access or use the Site, Materials, or any of the Services.

AICO may also make changes to the Materials, Services and Terms at any time without notice, and such changes shall be effective immediately after they are initially posted on the Site. Additionally, when using certain Services or Materials, such Services or Materials may contain terms and conditions in addition to the Terms. You shall be subject to all these terms, guidelines, or rules to use the Site.


TRADEMARKS, COPYRIGHTS

AICO hereby reserves all rights in all of its corporate names, service marks, logos, trade names, trademarks, web sites and domain names ("Marks"), and nothing in this agreement grants you the license to use such Marks. All trademarks appearing on the Site are the properties of their respective owners. TalkPro products and services ("TalkPro") are owned and provided by AICO. TalkPro is a registered trademark of AICO Systems Inc.

Trademark, copyright, or other intellectual property laws protect all Services and Materials found in the Site, and strictly prohibit any none consented commercial use of the Services and/or Materials found on the Site. Any reproduction or redistribution of the Services and Materials without explicit and written authorization of AICO is expressly prohibited by law.


BILLING

If you register for AICO's paid services, you agree to be responsible for payment of all applicable charges that are billed for your use of such Services, including but not limited to the use or misuse by an unauthorized third party, any error, accidental use, or loss. A subscription to AICO's Services requires a credit card number for credit verification and payment of charges. By providing AICO with a credit card number, you grant AICO authorization to submit charges. You are responsible for preventing unauthorized use of your Account.

Calls that last less than six (6) seconds will not be charged. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.


ACCOUNT NUMBER AND PASSWORD

You agree that you are responsible for maintaining the confidentiality of your AICO account number and/or password. You as the user of your account are responsible for all uses of your account, whether or not any of the uses is actually or expressly authorized by you.


USE OF SOFTWARE

The software that is available to download from the Site is the copyrighted work of AICO and/or its suppliers and partners. Terms stated in these Terms and in the application end-user license agreements are rules for the use of such software. Reverse engineering, de-compiling, or otherwise attempting to discover the source code of the software available on the Site is expressly prohibited. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.


PRIVACY POLICY

Information collected by the Site about you will be treated in accordance with AICO's Privacy Policy located at www.aicosystems.com/home/privacy.html.


LINKS

The Site may contain links to third party web sites. The linked sites are not under the control or responsibility of AICO. The inclusion of any link does not imply endorsement by AICO of the site. You expressly agree that AICO is not responsible for the contents, policies, products, services, materials, or availability of such sites. AICO is not responsible or liable for any damage or loss caused or allegedly caused by the use of such contents, products, services, or material of such third party sites.


WARRANTIES AND DISCLAIMERS

ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. AICO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. AICO SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. AICO DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES AICO WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. AICO DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR DATA INPUT AND OUTPUT ACCURACY, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.


EMERGENCY 9-1-1 CALLS

YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE CARRIED OR SUPPORTED BY AICO'S SERVICES OR MATERIALS, AND THAT NEITHER AICO NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE MATERIALS OR SERVICES.


INDEMNITY

You agree to indemnify, defend and hold AICO, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services, or Materials from and against all suits, claims, expenses, losses, damages and costs, including reasonable attorneys' fees, due to or resulting from your improper use of any Services or Materials, or any violation by you of these Terms.


LIMITATION OF LIABILITY

YOU AGREE TO ASSUME THE FULL COST OF ANY DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES AND/OR MATERIALS. YOU ACKNOWLEDGE THAT AICO, ITS SUPPLIERS, AFFILIATES, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, CONTRACTOR AND LICENSORS WILL NOT BE LIABLE FOR (1) ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR SERVICES, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.


TERMINATION

You agree that AICO, in its sole discretion, may terminate the Service to you and your use of the Materials, Service, and the Site at anytime without notice, and for any reason or no reason at all. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that AICO may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that AICO shall not be liable to you or any third party for any termination of your access to the Services or Materials. The provisions of the Sections of these Terms entitled Trademarks, Warranties and Disclaimers, Limitation of Liability, Indemnification and Government Laws shall survive such termination.


GOVERNING LAW; JURISDICTION

These Terms shall be governed and construed in accordance with the laws of the State of California. You agree that in any legal action or proceeding between you and AICO for any purpose concerning these Terms, you agree to submit to exclusive jurisdiction of the state and federal courts of California and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one year after the claim or cause of action arises or such claim or cause of action is held invalid. AICO's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. AICO may assign its rights and duties under these Terms to any party at any time without notice to you.