Terms of Use

Important - Please Read Carefully

By visiting or using this Web site (AVoicePad.com@), including without limitation the computer software, associated media, printed materials and Aonline@ or electronic documentation, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you do not have any right to use VoicePad.com. These Terms and Conditions are a legal contract between you and Standard Voice Network, LLC d/b/a VoicePad. (AVoicePad@) for use of VoicePad.com. Please read them carefully.

Attention

Please see the disclaimer of warranty and limitation of liability below.

Privacy

Please review the VoicePad Web Site Statement of Privacy Policy and the VoicePad Web Site Acceptable Use Policy, which also govern your use of VoicePad.com and are incorporated into these Terms and Conditions by reference.

Copyright

All the content included on VoicePad=s Web sites, including without limitation all the text, applets, graphics, photographs, graphs, sounds, data, images, audio and video clips, logos, button icons, images, digital downloads, data compilations and software (AContent@), is the property of VoicePad.com or its Content suppliers and is protected by U.S. and international copyright laws. All software used to operate VoicePad.com is the property of VoicePad and its partner software suppliers and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all Content available on VoicePad=s Web sites is the exclusive property of VoicePad and protected by U.S. and international copyright laws. All Content available on VoicePad=s Web sites may only be used in compliance with Voice Pad=s Terms of Sale. You do not acquire any ownership rights in materials you download or copy from any VoicePad Web site.

Trademarks

VoicePad, the VoicePad logo, and any other marks, graphics, logos and service names indicated on VoicePad.com are trademarks of VoicePad. VoicePad=s trademarks and trade dress may not be used (i) in connection with any product or service that is not VoicePad=s; (ii) in any manner that is likely to cause confusion among customers; or (iii) in any manner that disparages or discredits VoicePad or VoicePad.com. All other trademarks not owned by VoicePad are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by VoicePad.

License and Site Access

VoicePad grants you a limited, revokable, non- exclusive license to access, display, copy, download and print the materials on VoicePad.com, provided that you keep intact all copyright and other proprietary notices. You may create a hyperlink to the home page of VoicePad.com, provided that link does not portray VoicePad, VoicePad.com, or its products or services in a false, misleading, derogatory, offensive or other manner unacceptable to VoicePad. You may not otherwise use VoicePad.com, without the prior, express, written consent of VoicePad. Other than as permitted in the preceding paragraph, examples of prohibited uses include, but are not limited to: commercial use; downloading (other than page caching), reproducing, duplicating, copying, modifying, republishing, posting, transmitting, preparing derivative works, distributing, selling any material on VoicePad.com or any of the Content; using any VoicePad logo or other proprietary graphic or trademark as part of a hyperlink; framing or utilizing framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of VoicePad.com; Amirroring@ any material contained on VoicePad.com or VoicePad.com=s server; and using any spiders, crawlers, meta tags or any other Ahidden text@ containing VoicePad=s name or trademarks.

Your Usage

If you are under 18, you may use VoicePad.com only with involvement of a parent or guardian. VoicePad reserves the right, at its sole discretion, to refuse service and remove or edit content.

Disclaimer of Warranty and Limitation on Liability

VoicePad has taken great care in the creation of VoicePad.com and believes that all materials and information contained herein are accurate and complete. However, because of the possibility of human error, technical malfunction, and other factors, VoicePad.com could include inaccuracies, errors, and/or omissions. Accordingly, information, services, products and materials contained on VoicePad.com, including without limitation the Content, are provided on an AAs Is@ and AAs Available@ basis. VoicePad, its subsidiaries and affiliates make no representations or warranties of any kind, express or implied, as to the operation of VoicePad.com or the Content included on VoicePad.com. You hereby agree that your use of VoicePad.com is at your sole risk. To the maximum extent permitted by law, VoicePad, its subsidiaries and affiliates disclaim all representations and warranties, express or implied, with respect to such information, services, products and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, VoicePad, its subsidiaries and affiliates do not represent or warrant that the information accessible via VoicePad.com is accurate, complete or current. VoicePad, its subsidiaries and affiliates will not be liable for any damages of any kind arising from the use of VoicePad.com, including, but not limited to direct, indirect, incidental, punitive and consequential damages. Your sole remedy in the event of any deficiency, error or interruption in the services provided will be to request that VoicePad correct the matter or, if VoicePad fails to do so, to discontinue use of the service at your option. The laws of certain states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Termination of Usage

VoicePad may terminate or suspend your access to all or part of VoicePad.com without notice for any conduct that VoicePad, in its sole discretion, believes is in violation of any applicable law, these Terms and Conditions, or the Acceptable Use Policy or is harmful to the interests of VoicePad, another user, third- party provider, merchant, sponsor, licensor or service provider. Examples of prohibited uses include, but are not limited to, those uses listed in the Acceptable Use Policy.

Submissions

VoicePad appreciates hearing from its customers. By submitting your creative ideas, inventions, suggestions or materials ("Submissions"), you grant VoicePad an exclusive, royalty- free, perpetual and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display your Submissions (in whole or in part) worldwide and to incorporate your Submissions in other works in any form, media or technology, now known or later developed, without any notice or compensation to you.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify VoicePad.com=s acceptance of your order, nor does it constitute confirmation of VoicePad=s offer to sell. VoicePad.com reserves the right, at any time after receipt of your order, to accept or decline your order for any reason. VoicePad.com reserves the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. VoicePad.com may need to verify any information you provide before VoicePad.com accepts an order. Item availability and prices of all products sold at VoicePad.com are subject to change without notice. VoicePad.com reserves the right to limit quantities on certain items. Price changes will not be retroactively applied to any outstanding or completed orders.

Errors & Omissions

In the event a product is listed at an incorrect price due to an error, VoicePad will have the right to refuse or cancel any orders placed for products listed at the incorrect price. VoicePad will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is canceled, VoicePad will issue a credit to your account in the amount of the incorrect price. Although VoicePad aspires to provide accurate information to its subscribers, VoicePad does not guarantee the accuracy of information delivered.

Additional Terms and Conditions of Sale

For additional terms and conditions of sale, please see Terms and Conditions of Sale located under the legal heading.

Consent to Jurisdiction

You consent and voluntarily submit to personal jurisdiction in the Commonwealth of Kentucky and in the courts in such state located in Jefferson County, Kentucky and the United States District Court for the Western District of Kentucky in any proceeding arising out of or relating to your use of VoicePad.com or these Terms and Conditions and you agree that all claims in respect to the proceeding may be heard and determined in any such court. You agree that any action instituted by you against VoicePad with respect to these Terms and Conditions shall be instituted exclusively in the United States District Court for the Western District of Kentucky or, if such Court does not have jurisdiction to adjudicate such action, in the Courts of the Commonwealth of Kentucky located in the Jefferson County, Kentucky. You hereby irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of venue or the convenience of the forum of any action with respect to these Terms and Conditions or VoicePad sin the United States District Court for the Western District of Kentucky and the Courts of the Commonwealth of Kentucky located in Jefferson County, Kentucky. Each party agrees that a final judgment in any proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or in equity.

Severability

Should any term of these Terms and Conditions be declared void or unenforceable by any court of competent jurisdiction, such declaration will have no effect on the remaining terms hereof.

Governing Law and General Terms

These Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Kentucky as they apply to a contract made and performed in such state, notwithstanding any conflict of law principles of the law of such state.

These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Modifications and Waiver

A waiver by either party of its rights hereunder will not be binding unless contained in a writing signed by an authorized representative of the party waiving its rights. The nonenforcement or waiver of any provision on one occasion will not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. It is agreed that no use of trade or other regular practice or method of dealing between the parties hereto will be used to modify, interpret, supplement or alter in any manner these Terms and Conditions.

Third Party Sites

Reference and links to third party companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated on VoicePad.com. You may be able to access other Internet sites not created by VoicePad or its affiliates through VoicePad.com. The reliability, availability, legality, performance and other aspects of resources on Internet sites other than those created by VoicePad or its affiliates is beyond VoicePad=s control. VoicePad makes no representations or warranties with respect to any third party sites.