Terms and Conditions
Natural Insight, NaturalPhone, NaturalWeb, NaturalFax and Capango are interactive services that can be accessed via the Web, phone and through transaction gateways (together, the “Service”). These services are provided under their respective brand names by South49 Solutions, Inc. (“South49″) a Delaware Corporation located at 21240 Ridgetop Circle, Suite 115, Sterling Virginia 20166. HYPERLINK “http://www.south49.com” www.south49.com
This document sets forth the Terms and Conditions under which you may use the Service. The Service includes this Web Sites Natural Insight.com, NaturalPhone.com, NaturalFax.com, NaturalWeb.com and Capango.com (the “Web Sites”) and the corresponding interactive telephone service known as the NaturalPhone Voice Network (the “NaturalPhone Voice Network”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Service. We may revise these Terms and Conditions at any time by forwarding in advance of implementing any changes, a copy of revisions to the legal notices address contained in any Master Services Agreement and subsequently updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. If you violate any of these Terms or Conditions, your permission to use the Service automatically terminates.
Scope of Use
South49 invites you to view and use the Web Sites in conjunction with the conduct of your business or as an authorized user of a company which has contracted to access the services. Under no circumstances may you resell or offer access for a fee, any Service provided by South49 unless authorized in a separate written agreement. Notwithstanding the foregoing, South49 understands and agrees that Client may offer access to the Services for a fee to their Clients who have secured services from Client. You may also listen to and use a single session of the NaturalPhone Voice Network subject to the same restrictions. Using the Service to evaluate whether to enter into a business relationship with South49 shall not constitute a commercial use for the purposes hereof. Except as otherwise provided on this page, no part of any content or software on the Service may be copied, downloaded, recorded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of South49.
ALL CONTENT ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE WEB SITES AND THE NATURALPHONE VOICE NETWORK, IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOUTH49 MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICE AND THE CONTENT AVAILABLE ON THE SERVICE IS AT YOUR SOLE RISK.
SOUTH49 MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITES IS FREE OF VIRUSES.
Limitation of Liability
SOUTH49 SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF SOUTH49 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICE, OR RELATED INFORMATION OR PROGRAMS.
NaturalPhone, NaturalWeb, Natural Insight, NaturalFax, Capango, South49, the associated logo’s and Get More From Your Phone… Naturally!, are registered service marks of South49. Unauthorized use of any South49 trademark, service mark or logo may be a violation of federal and state trademark laws.
The Service is protected by U.S. and international copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Service or individual sections of the content, design or layout of the Service or Service logos without our express written permission.
South49 reserves the right to modify the Service, excluding Services Fees as detailed in any Service Request, and the rules and regulations governing its use, at any time. Modifications will be posted on the Web Sites, and users are deemed to be apprised of and bound by any changes to the Service. South49 may make changes in the products and/or services described on the Service at any time and will ensure all changes provide functionality as least as capable as existed prior to the change and will not charge the Client for such modifications made relative to Services provided as indicated in the Service Requests. In the event that the Client deems that any material change results in a decrease in functionality as existed prior to such change, the Client shall have the following recourse (a) renegotiate pricing and/or (b) immediately terminate the relationship of the parties. Changes which result in the assessment of additional transaction fees, excluding changes already provided under the Service Request will be implemented in such a manner that you will have the option of turning on the feature and thus incurring any additional fees.
From time to time, we may post links that will allow you to leave the Web Sites and, in the future, we may offer links that will allow you to leave the NaturalPhone Voice Network. The linked sites are not under the control of South49, and the content available on the sites linked to the Service do not necessarily reflect the opinion of South49. South49 is providing these links as a convenience to you, and access to any other sites linked to the Service is at your own risk. South49 assumes no responsibility for the content of such linked sites. The inclusion of any link does not imply a recommendation or endorsement by South49 of the linked site.
Unless otherwise set forth in a written agreement between you and South49, you must adhere to South49′s linking policy as follows: (i) any link to the Web Site must be a text only link clearly marked “HYPERLINKwww.South49, or the respective product Web address” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with South49′s names and trademarks, (iii) the link must “point” to the URL http://www.South49.com, , the respective product Home Page or Sign-In Page and not to other pages within the Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with South49, (v) when selected by a user, the link must display the Web Site on a full-screen and not within a “frame” on the linking Web Site, and (vi) South49 reserves the right to revoke its consent to the link at any time and in its sole discretion.
You acknowledge that to ensure continuous service monthly service fees will be automatically billed at the then current rate until you tell us to cancel your service. If your company has executed a master services agreement with South49 and requested a user account for your use, all fees will be billed directly to your company according to the terms of the master services agreement.
In consideration of your use of the Service, you agree to: (1) provide true, accurate, current and complete information about yourself, including, but not limited to, your email address, first and last name, and billing information (if not billed under a Master Services Agreement), as prompted by the Service’s subscription forms (such information being the “Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if South49 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, South49 has the right to suspend or terminate your use of the Service and any future use of the Service (or any portion of the Service).
Use of Information
You agree that you will not use any user information received as a result of your participation in the Service (“User Information”) for any purpose other than those explicitly agreed to by the user to whom that information pertains. As an example and not a limitation, you agree that you will not “cold-call” or engage in any type of unsolicited marketing based on User Information. You further agree that you will not disclose any User Information to anyone not subject to these terms and conditions. User Information includes any information included in reports from South49.
Intellectual Property Ownership
South49 alone (and its licensors, where applicable) owns and shall at all times hereunder remain the owner of all right, title and interest, including all related intellectual property rights in and to the Service and the South49 Content. In addition, South49 shall exclusively own any suggestions, ideas, enhancements, enhancement requests, modifications, feedback, recommendations or other information provided by you, or any other party to South49 relating to the Service.(collectively, the “Enhancements”)
This is not a sale and does not convey to you any rights of ownership in or related to the Service, the South49 Content or any of the related intellectual property rights owned by South49.
You are responsible for maintaining the confidentiality of your registered e-mail, user name and password. You, or you company if billed under a Master Services Agreement, are responsible for all uses of your registered e-mail, user name or password, and any and all related charges, whether or not authorized by you.
No Professional Advice
The content accessed through the Service is intended to be a general information resource for the subject matter covered, but is provided solely on an “AS IS” and “AS AVAILABLE” basis as noted herein. You are encouraged to confirm the information contained herein with other sources. South49 is not engaged in rendering medical, investment, financial, tax, accounting, legal, engineering, medical or other professional services or advice. If you desire or need such services or advice, you should consult a professional. You should not construe South49′s publication of this content as an endorsement by South49 of the views expressed herein, or any warranty or guarantee of any of these views, opinions or recommendations.
Although South49 undertakes no obligation to review, monitor or moderate any content posted to the Service, South49 reserves the right to remove any content which violates the terms of this Accepted Use Policy , whether it be on the Web Sites or the NaturalPhone Voice Network.
Unless expressly noted, South49 does not control, approve or endorse any content posted on the Service, or represent the accuracy, truthfulness, quality or reliability of any such content. The content posted by users of the Service is solely the opinion and/or expression of the user that posted such content, and does not necessarily reflect the opinions of South49. Any reliance by you upon the content of the Service shall be at your sole risk.
You should exercise sound judgment when posting content to the Service to avoid making threatening, offensive, abusive, unlawful, false or unsubstantiated remarks. You are solely responsible for any messages posted by you that include any such remarks, and each message you post may identify you as the author of such message. You should also avoid posting any message containing (1) personal information, (2) confidential information or (3) any third party content (e.g., music, voice recordings, etc.) without the express written permission of the content owner. You agree to indemnify and hold harmless South49 from and against any claims, demands, loss, damage or expense, including without limitation attorneys’ fees, relating to content you make available to others on or through the Service.
Your commercial dealings with advertisers and/or vendors found on or through the Service (each, a “Vendor”), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Vendor. You agree that South49 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Vendors on the Service.
The Service is operated by South49 from its offices in the United States. South49 makes no representation that the information located on the Service is appropriate or available for use in other locations, and access to the Service from territories where the content of the Service may be illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on the Service will be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding the application of its conflicts of law rules.
South49 is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law.
Violations and Additional Policies
South49 reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or phone number to the Service.
These terms were last updated on December 13th 2010