TERMS OF SERVICE
5900 Balcones Drive Ste 100
Austin, TX 78731
Welcome to the website of EarningsCall LLC located at EarningsCall.biz, (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our website and hereinafter "You" or "Your") for visiting Our website and considering Our products and services.
USER NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your User Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
Welcome to EarningsCall.biz – We make listening to earnings calls easy. Public companies hold conference calls as a means to communicate with and answer questions from investors. We believe those calls should be accessible to investors and analysts alike. We offer a comprehensive database of earnings calls which can be accessed through our website or using our API.
We hereby claim EarningsCall.biz™, and the Earnings call logo to be trademarks of Our company.
As indicated by the notice on the bottom of Our Home Page, We claim a copyright to the contents of this website.
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law nor will you use any automated means to copy data from Our website. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond Our control.
You may not assign the rights or obligations under this Agreement.
INTENDED FOR ADULT USERS
We do not intentionally collect Personal Information from people who have not yet reached the age of majority in their jurisdiction. If you have not yet reached the age of majority in Your jurisdiction please leave our site immediately.
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at info@EarningsCall.biz prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. This Agreement and Your use of Our web site are governed by the laws of the State of Texas, and the courts of general jurisdiction located within Travis, County, Texas, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement. Finally, Our total liability arising out of or relating to these terms is limited to the greater of $1,000.00 or 125% of the fees that You paid to use the relevant services in the 12 months before any loss.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of January 14, 2021. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.