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AT&T Virtual Receptionist
(Powered by RingCentral®)
Terms of Service

Date of Last Revision: October 2009

These Terms of Service (“TOS”) constitute an agreement between RingCentral, Inc., a California corporation, and its subsidiaries, affiliates, agents, and/or licensors (“RingCentral”, “we” or “us”), and the end-user customer (“Customer”, “you” or “user”) for certain RingCentral mobile application services branded as AT&T Virtual Receptionist (powered by RingCentral) (the “Service” or “Services”) and that are associated with your assigned Virtual Receptionist account (“Virtual Receptionist Account”). The Services include all services made available through RingCentral’s paid account plans (“Paid Services”) and/or any limited promotional services RingCentral may offer from time to time without charge (“Limited Promotional Services”). This TOS covers and applies to all current versions and releases of the Services and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between RingCentral and you with respect to the Services.

You are required to indicate your assent to this agreement through one or more mechanisms provided by RingCentral (e.g. pressing an on-screen button or checking a box indicating your agreement to the TOS) before accessing the Services.

NO 911 CALLING

DO NOT USE THE VIRTUAL RECEPTIONIST APPLICATION TO CALL 911. IN AN EMERGENCY, EXIT THE VIRTUAL RECEPTIONIST APPLICATION AND DIAL 911 FROM YOUR IPHONE.

YOU ACKNOWLEDGE AND AGREE THAT THE VIRTUAL RECEPTIONIST APPLICATION IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL NOT USE THE VIRTUAL RECEPTIONIST APPLICATION TO CALL 911.

NO iPOD OR iTOUCH CALLING

THE VIRTUAL RECEPTIONIST APPLICATION CANNOT BE USED TO MAKE OR RECEIVE CALLS, INCLUDING 911 CALLS, FROM ANY iPOD OR iTOUCH DEVICE EVEN THOUGH THE VIRTUAL RECEPTIONIST APPLICATION WILL DISPLAY A RINGOUT DIAL-PAD ON SUCH DEVICES. IN AN EMERGENCY, EXIT THE VIRTUAL RECEPTIONIST APPLICATION AND DIAL 911 FROM A PHONE DEVICE (LANDLINE OR CELL PHONE) WITH 911 DIALING CAPABILITIES.

1. ADDITIONAL AGREEMENTS

Access to the Services requires the user to download and install the Virtual Receptionist software application for iPhone (the “Licensed Application”). Use of the Licensed Application is governed by the Licensed Application End User License Agreement.

2. REGISTRATION PROCEDURES

Upon signing up for the Service and at subsequent times as requested by RingCentral, you agree to provide true, accurate, current and complete name, contact information, and other data to RingCentral. If you provide information that is, or that RingCentral suspects to be, false, inaccurate, not current, or incomplete, RingCentral has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. At all times, you shall maintain and promptly update registration data as applicable.

Upon completion of all registration information and acceptance of this TOS, RingCentral will provide you with, as applicable, a password, user ID, and/or PIN and telephone number. You are solely responsible for maintaining the confidentiality of your password and PIN, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password and/or PIN, even if such transactions and/or activities were not authorized by you. You are solely liable for any transactions or activities that occur on your Virtual Receptionist Account. You shall immediately notify RingCentral if any unauthorized use of your Virtual Receptionist Account or any other breach of security related to your Virtual Receptionist Account has occurred. In no event shall RingCentral be liable for any unauthorized use of your Virtual Receptionist Account.

3. CUSTOMER REPRESENTATIONS

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this TOS.

You represent and warrant that your name, user name, and contact information are true and correct.

You agree to be responsible for your use of the Services (including use of your Virtual Receptionist Account by others).

You represent and warrant that you will not use or attempt to use the Services outside of the United States.

4. AUTHORIZED USES; PROHIBITED USES

You understand and agree to use the Service only for lawful purposes and that you shall not, at any time, use the Service for any illegal, fraudulent, improper or abusive purpose or in any way which interferes with our ability to provide Service to other customers, prevents or restricts other customers from using the Services, or damages any RingCentral or other customer’s property. Prohibited uses include, but are not limited to, uses in connection with the following:

  • Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another’s privacy.
  • Sending unsolicited and/or bulk messages or advertisements, including voicemails.
  • Harvesting or otherwise collecting information about others without their consent.
  • Knowingly transmitting any material that contains viruses, time bombs, trojan horses, worms, or any other programs that may be harmful or dangerous.
  • Creating a false Caller ID identity (“ID spoofing”) or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.
  • Pretending to be anyone, or any entity, you are not, including impersonating or misrepresenting yourself as another person (including a celebrity), entity, RingCentral customer, a RingCentral employee or agent, or a civic or government leader, or otherwise misrepresenting your affiliation with a person or entity.
  • Transmitting any material that may infringe the intellectual property rights or other rights of third parties.
  • Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Service.
  • For unlimited plans, using the Services for call-in lines, call centers, conference calling or other high volume or multi-person calling purposes.

You further understand and agree that:

  • You shall be solely liable for any transmissions sent through the Service and that RingCentral has no control over the content of any transmission.
  • You will abide by all applicable RingCentral agreements, policies and procedures.
  • You shall not attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service, through password mining or any other means.
  • You shall not interfere with other customers’ or third-parties’ use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service.
  • Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
  • You are solely responsible for all acts or omissions that occur under your Virtual Receptionist Account or password, including the content of your transmissions through the Service.

5. RINGCENTRAL’S PROPRIETARY RIGHTS

You acknowledge and agree that any and all intellectual property rights (the “IP Rights”) associated with the Service are and shall remain the exclusive property of RingCentral and/or its licensors. Nothing in this TOS intends to or shall transfer any IP Rights to, or to vest any IP Rights in you. You are only entitled to the limited use of the rights granted to you in this TOS. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this TOS, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third party content that may be accessed through the Services is the property of the respective content owners and may be protected by applicable patent, copyright, or other intellectual property laws and treaties.

You may not copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and/or any of RingCentral’s technology or software for any purpose whatsoever.

6. CHARGES, PLAN CREDITS AND CHARGEBACKS

Generally. You are responsible for paying all charges for your Virtual Receptionist Account, including but not limited to any toll-free, local, long distance, and directory assistance charges encountered as a result of using the Service, and for all taxes and surcharges imposed on you or us as a result of your use of the Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. The current terms and conditions for RingCentral’s Paid Service plans are available at http://www.ringcentral.com/tou.html. RingCentral reserves the right to charge termination and transfer fees consistent with each plan’s terms and conditions.

Plan Credits; Minutes of Calling. RingCentral offers several different Paid Service plans. Some of the Paid Service plans provide for a fixed number of monthly credits (“Monthly Credits”). If you exceed your Monthly Credits during the course of a month, you may purchase additional credits as needed. RingCentral may also provide you certain bonus credit minutes and/or other promotional incentives (e.g., “tell-a-friend” credits) and the like. All of these credits (“Plan Credits” or “Calling Credits”) are quoted in terms of domestic minute usage, and are thus sometime referred to as “minutes.” As explained below, International Calling may be charged at a different rate than domestic calling, and a Plan Credit “minute” therefore will not entitle you to a minute of calling to some or all international points.

Plans

Free Plan - You get a toll free number with a fixed number of minutes of toll free service each month for free. There are no setup, activation or cancellation fees. When your usage exceeds your monthly free Plan Credits, you will need to add additional time to your account by signing up for a Paid Plan. RingCentral will send you email notifications as you approach your monthly free Plan Credit limit. To avoid service interruption, upgrade to one of the paid plans described below. If you exhaust your free monthly limit of Plan Credits and do not upgrade to a Paid Plan, callers to the AT&T Virtual Receptionist number will hear an error message stating that your number is unavailable.

If your free plan account is inactive (no phone calls or login activity to your Web account) for 60 days or more, RingCentral reserves the right to take back your number and close your account. You will receive notification by email if your free plan account has been inactive for more than 60 days.

Paid-Calling Plans – RingCentral offers several monthly plans. Each paid-calling plan provides you with a toll-free number and fixed number of monthly Plan Credits each month (over and above your free Plan Credits) for a month fee, excluding taxes, surcharges, and fees. Please note that the price is subject to change at any time. When you exhaust your initial paid allotment of Plan Credits for your paid plan, you will automatically purchase an additional 100 minutes for $5.00 (and your account will be charged accordingly). Additional minute usage will be debited at a rate of $0.05 for each additional auto-purchased minute used for domestic usage. We reserve the right to changes these prices at any time. For international calling, international pricing rates will apply. Unused auto-purchased minutes will be rolled over from month to month for up to 12 months.

Unlimited Plan. RingCentral offers an unlimited monthly plan. The unlimited plan provides you with a toll-free number and an unlimited number of monthly Plan Credits, subject to certain restrictions described herein. Please note however that the unlimited plan (i) shall only be used by you to make and receive domestic calls from one other person, and (ii) shall not, under any circumstances, be used for call-in lines, call centers, conference calling or other high volume or multi-person calling purposes ("Prohibited Purpose"). If, for any reason, RingCentral believes that you are using the unlimited plan for a Prohibited Purpose and/or your call usage violates our Reasonable Use policy, then RingCentral, in its sole discretion, may either terminate your unlimited plan or immediately convert your unlimited plan to the paid-calling plan with the greatest fixed number of monthly Plan Credits and charge you in accordance with the terms of that paid-calling plan. For international calling, you will be billed separately at international pricing rates.

International Calling. Because Plan Credits are quoted for domestic minute usage, you may be charged additional Plan Credits and/or additional rates may apply if you use your Plan Credits for international calling. RingCentral’s current international rates may be found here. You are advised to refer to your specific Paid Service plan details regarding all domestic and international charges and all other terms and conditions of your plan.

Value, Ownership, and Expiration of Plan Credits. Plan Credits have no monetary value. Plan Credits may only be redeemed by the holder of the Virtual Receptionist Account to which the Plan Credits have been credited, and may not be sold, transferred, or assigned, or used by another user or with another user’s Virtual Receptionist Account. Your monthly credits expire at the end of the relevant Service month and do not "roll over" to the next month. Unused purchased credits do roll-over month-to-month, but expire 12 months after purchase.

Fraudulent or Erroneous Charges. RingCentral strongly encourages you to contact RingCentral directly in cases of suspected fraud or error involving your account. In most cases, RingCentral can correct fraudulent or erroneous charges without bank or credit card company intervention. If you suspect fraud or discover erroneous charges on your account, please contact RingCentral customer support at 1 (888) 898-4591. When you contact customer support, please have the following information available: (a) your name, contact information, and the Virtual Receptionist Account telephone number in question, (b) the date that the account in question was created, (c) the credit card account number used to open the account, and (d) the total amount charged to the account. If you request that your bank/credit card perform a chargeback without first contacting RingCentral and RingCentral subsequently determines that the charges at issue are not erroneous or fraudulent, RingCentral reserves the right to take any available legal action.

7. BILLING AND PAYMENT

Any applicable initiation charges, usage and monthly recurring charges and fees are billed in full in advance. Termination and transfer charges are billed in arrears. Upon termination of your Virtual Receptionist Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or proration shall be made of any unused Plan Credits or of any remaining periods/months on any Paid Service plan.

When you sign up for a Paid Service plan, you will provide us with a payment method, such as a valid credit card, and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any disconnection fee and any other outstanding charges and disconnect your service. You will advise us of any changes to your payment method, such as credit card account number or expiration date changes. Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due. We may assess an additional fee of fifty dollars ($50) for any check returned for nonpayment.

Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations to charges to your Account.

8. SCOPE OF LIMITED PROMOTIONAL SERVICES

From time to time, Ring Central may make Limited Promotional Services available at no cost to you. You understand and agree that the Limited Promotional Services currently:

  • Provide you with 60 minutes of free Calling Credits per month, and that if you require additional Calling Credits, you must purchase them from RingCentral by upgrading to a Paid Service plan.
  • Do not permit you to make or receive international calls.
  • Allow you to create and maintain one Virtual Receptionist Account.

You understand and agree that RingCentral may modify the scope of the Limited Promotional Services it offers at any time without additional notice to you, including by increasing or decreasing the number of free Calling Credits provided per month. You further understand and agree that Ring Central may offer Limited Promotional Services only to new customers, and that if you upgrade your Virtual Receptionist Account to a Paid Service plan, that account may not be eligible for a subsequent “downgrade” to a free service.

9. TERMINATION OR MODIFICATION OF THE SERVICES

You may cancel your use of the Services with or without cause at any time by calling RingCentral at (800) 574-5290. RingCentral is available to take your call Monday-Friday between 9:00 a.m. and 5:00 p.m. Pacific Time.

You understand and agree that RingCentral may at any time, and without additional notice to you terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Services if:

  • RingCentral chooses to discontinue or modify the scope of its Limited Promotional Services.
  • RingCentral determines that you have created or caused to be created multiple free Virtual Receptionist Accounts.
  • Your Virtual Receptionist Account is inactive for a period of 60 days or longer. Your Virtual Receptionist Service Account will not be deemed inactive if you have upgraded to a Paid Service plan or, during any 60 day period, you:
    • Make or receive a call or calls using your Virtual Receptionist Account; or
    • Log into your Virtual Receptionist Account.
  • RingCentral determines that your use of the Services violates or has at any time violated this TOS or any other applicable agreement between you and RingCentral.
  • RingCentral determines that such action is necessary to maintain or improve the Services, to prevent fraud or misrepresentation by affirmative acts and/or omissions, to protect other users or third parties, or for any other good cause.
  • For any other reason RingCentral would restrict access to the Services, including but not limited to compliance with requests by law enforcement or other government agencies.

Upon any termination in accordance with the foregoing, RingCentral may immediately deactivate or delete your Virtual Receptionist Account and all related information and files in your Virtual Receptionist Account and/or bar any further access to such files, information, or the Services.

RingCentral shall not be liable to you or any third party for any reason for terminating your use or access to the Services pursuant to this TOS.

If you or RingCentral terminates your right to use the Services, you shall not be entitled to any refund or pro ration of any pre-paid amounts or credits.

10. REASONABLE USE

Unusually high usage of the Service attributable to individual Virtual Receptionist Accounts may impair RingCentral’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, your use of the Services is subject to reasonable use limitations. For all Virtual Receptionist Accounts, reasonable use means that your use of the Service does not materially impair RingCentral’s ability to provide the Service to other users. For “unlimited’ plans, if your use of the Service exceeds twice the average monthly usage for all other Ring Central unlimited plans, it shall be presumed that you have used the Service for a Prohibited Purpose, unless you can satisfactorily demonstrate otherwise within 15 days. Except where prohibited by law, RingCentral reserves the right to immediately disconnect, suspend or modify your Service if RingCentral determines that your use of the Service violates this reasonable use policy.

11. NUMBER OWNERSHIP

You understand and agree that you are not the owner of any telephone number assigned to you by RingCentral. You understand and agree that RingCentral may from time to time need to change the telephone number assigned to you (due to an area code split or for any other reason). You understand that if the number assigned to you by RingCentral is available for reassignment, it may be reassigned upon termination of your Service. RingCentral will not be liable for any damages (including consequential or special damages) arising out of any such reassignment. In addition, you understand and agree that RingCentral will not be liable for the failure of any third party to port any telephone number to or from any third party service provider.

12. NUMBER AVAILABILITY

RingCentral’s Virtual Receptionist Service permits you to choose a toll-free RingCentral number from among a limited selection of possible toll-free RingCentral numbers. RingCentral will attempt to provide you with the number that you choose. However, RingCentral cannot guarantee that requested numbers will be available. You should not order any printed material, such as business cards or stationary, showing a RingCentral number, or issue any press releases or otherwise publicize any RingCentral telephone number until that number becomes active in your Virtual Receptionist Account. RingCentral will not be liable for reimbursement for press releases, business cards and/or stationary under any conditions.

13. STORAGE

RingCentral is not obligated to store your voicemails, sent/received calls, and/or other information maintained or transmitted by the Services, and does so only as a convenience to you. You agree that RingCentral has no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/or other information maintained or transmitted by the Services.

14. UNSOLICITED ADVERTISEMENTS

The transmission of certain unsolicited calls or otherwise using the Service for broadcasting or transmitting unsolicited advertisements is prohibited by federal law, including the Federal Telephone Consumer Protection Act of 1991 (http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html), and a number of similar state laws. Distribution of unsolicited advertisements through the Virtual Receptionist Services is prohibited. You shall not use the Virtual Receptionist Service to send or transmit any unsolicited communications or advertisements and understand that, if you do, RingCentral may immediately terminate your right to use the Virtual Receptionist Services without any liability of any kind.

At RingCentral’s option and without further notice, RingCentral may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to hold harmless RingCentral from and against any damages or liabilities of any kind related to any voicemail, broadcast and/or other bulk or unsolicited materials that you may send and/or receive using the Virtual Receptionist Services.

15. WARRANTY DISCLAIMER

THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND RINGCENTRAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. RINGCENTRAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.

RINGCENTRAL MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE, THE QUALITY OF VOICE OR FAX COMMUNICATIONS.

RINGCENTRAL MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. RINGCENTRAL IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.

RINGCENTRAL DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND RINGCENTRAL WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RINGCENTRAL, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, RINGCENTRAL MAKES NO GUARANTEES OF SECURITY.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL RINGCENTRAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. RINGCENTRAL’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE MONTHLY FEES RINGCENTRAL CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

17. INDEMNIFICATION

You shall indemnify and hold harmless RingCentral, its directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from (1) any negligent acts, omissions or willful misconduct by you, (2) your use of the Services, (3) any breach of this TOS by you, and/or (4) your violation of any law or of any rights of any third party. The provisions of this section are for the benefit of RingCentral and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

18. PRIVACY

RingCentral’s privacy policy is available here. By using the Service, you consent to the collection, use and disclosure of personal information as set out in the privacy policy.

19. FUTURE CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this TOS from time to time upon delivery of electronic mail notice to you. Notices will be considered given and effective on the date sent to your registered electronic mail address. If you do not agree to the modifications, your only recourse is to terminate your use of the Services. The modified TOS shall supersede all previously agreed to electronic and written terms of service governing the Services, including any prior versions of this TOS. You agree that you are solely responsible for (i) making sure that your registered email account is current and functional, (ii) checking your registered electronic mail on a routine basis, and (iii) making sure that RingCentral communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet service provider or for any other reason.

20. COPYRIGHT INFRINGEMENT

Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent or received using the Service for purposes of determining copyright infringement. However, RingCentral reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if RingCentral determines that a user is a repeat infringer.

21. FORCE MAJEURE

RingCentral shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war or government requirements.

22. NOTICES

Notices to you shall be effective when sent by email to the email address provided to us or, at our option, 3 days following the date deposited in regular United States Mail, postage prepaid, addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Legal Department and received at our then-current address as posted on our website. Your notice must specify your name and Virtual Receptionist Account information. All notices from you to RingCentral must be made in writing.

23. GENERAL INFORMATION

The laws of the state of California, excluding its conflicts-of-laws rules, govern this TOS.

If any part of this TOS is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.

The failure of RingCentral to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision.

You agree not to transfer or assign this TOS or any of your rights under this TOS. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this TOS shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.

The provisions of this TOS relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this TOS for any reason.

The U.N. Convention for the Sale of Goods shall not be applicable to your purchase of RingCentral Services.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

24. DISPUTE RESOLUTION AND OPTIONAL ARBITRATION

You agree that any disputes between you and RingCentral shall be adjudicated in the state and federal courts of the State of California, U.S.A. Venue for all claims and disputes between you and RingCentral shall be the county of San Mateo, State of California. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction.

Some jurisdictions may place limits on dispute resolution provisions, so certain of the foregoing requirements may not apply to you.

Copyright 2013 RingCentral, Inc. All rights reserved.