Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Intellectual Property Rights
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
DISCLAIMERS OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE OUT OF WHICH THE LIABILITY AROSE PURSUANT TO THE APPLICABLE ORDER OR, IF NOT SUCH ORDER, THEN FEES PAID BY YOU DURING THE THREE (3) MONTHS PRECEDING THE EVENT.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Linking to this Website
You may not link to this Website or run or display this Website or any material displayed on this Website in frames or through similar means without our prior written permission.
Third Party Links
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We may suspend or terminate your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
Information About You and Your Visits to the Website
TRANSCRIPTION SERVICES TERMS OF SERVICE
Transcription Services and Compensation
We will perform the Transcription Services for you at the Service Levels and prices contained on our then-current price list if we accept an order from you (an “Order”). In order for us to provide Transcription Services, you will need to provide audio recordings (“Files”) to us, by uploading through our Website or by some other suitable means. Files may also include notes of the digital reporter and exhibits. We will issue you an invoice for the Transcription Services which shall be due and payable within ten (10) days following your receipt of our invoice. We will charge you a late fee of 1.5% per month or the maximum rate allowed by law, whichever is lower, on all amounts not paid within such ten (10) day period. Notwithstanding the foregoing, a good faith, diligently pursued billing dispute shall not be cause for late fees. In the event of such a dispute, you shall pay the undisputed amounts and notify VoiceScript of the disputed amounts within the ten (10) day period.
The Service Levels set forth in our price lists calculate the number of business days that elapse from the time of (a) order submissions and uploading of digital audio files to VoiceScript taking place prior to 2:00 p.m. EST. In the event that a digital audio file or tape recording received by VoiceScript is damaged or difficult to hear and transcribe, VoiceScript may determine there is a need for the SPECIAL HANDLING Service Level as defined on our price list.
As between the parties, you own and retain all right, title and interest including intellectual property rights in and to all data and information contained in the Files which data may include personal data of you or your clients (collectively the “Data”). You hereby grant VoiceScript the right to copy, display, upload, perform, store, modify, reformat and otherwise use the Data for the purpose of providing the Transcription Services to you. In addition, you grant VoiceScript a royalty free right to use Data (including meta data) of the transcriptions resulting from the Transcription Services (the “Transcriptions”) solely for internal use and improvement of VoiceScript’s services. You represent and warrant to VoiceScript that (i) you have the right to use the Data and provide VoiceScript with the Data for all purposes set forth in this Agreement; and (ii) all Data has been and will be legally acquired in accordance with all applicable data protection laws and privacy standards. You shall be responsible for the legality, reliability, integrity, accuracy and quality of the Data. You acknowledge and agree that the Data may be stored on external cloud servers operated and managed by global third party cloud service providers, as customary in the industry.
Data and Transcriptions shall constitute your confidential information and shall be used by VoiceScript solely in accordance with these Terms of Service, provided, however, that any information which: (i) is now or subsequently becomes generally available in the public domain through no fault of VoiceScript, (ii) was obtained from third party without restriction; and/or (ii) is independently developed by VoiceScript, shall not be considered confidential information of Customer.
Disclaimers of Warranty and Limitations of Liability
All intellectual property rights in and to VoiceScript’s platform for providing the Services and the Services themselves and any part thereof are and shall remain exclusively owned by VoiceScript. This Agreement does not grant you any rights to the platform or the intellectual property related thereto.
Changes to Transcription Services Terms of Service
Please keep a copy of these Terms of Service for your record. VoiceScript may change these Terms of Service, in which case it will update the ‘last modified’ date at the top of this page. We encourage you to review these Terms of Service from time to time and note any changes. Changes will be applicable to all activity engaged in and all orders placed after such changes to these Terms of Service.
This Agreement is governed and construed under the laws of the State of Florida. Any dispute between the parties will be submitted to the competent courts situated in Florida. The parties agree that these Terms of Service together with any applicable VoiceScript order form or VoiceScript order confirmation are the complete and exclusive statement of the agreement between the parties, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.
These Terms of Service shall continue in full force and effect unless and until terminated by a party pursuant to this section. Either party may terminate these Terms of Service as they apply to Transcription Services at any time by providing the other party with written notice; provided that such termination shall not affect any orders for transcription services that have already been accepted by VoiceScript.