1. Limited Licence
RingCentral, Inc. (“RingCentral”) grants you a limited license to access and make personal, non-commercial use of our website (the “Site”) and the content displayed on it. Any other redistribution, retransmission, copying, or publication of any content from this Site is strictly prohibited without the express written consent of RingCentral. Our grant of this limited license does not include, without limitation: (1) any right of resale or commercial use of the Site or any of its content; (2) the collection and use of any service or product listings or descriptions; (3) making derivative uses of the Site or any of its contents; or (4) use of any data mining, “spiders,” “robots,” “wanderers,” “crawlers,” “scrapers,” or similar data gathering and extraction methods; (5) any access, or attempt to access, any materials or information on this Site through any means not purposely made available by RingCentral, including but not limited to bypassing the navigational structure of the Site. Except as noted above, RingCentral does not grant to you any right or license by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of RingCentral or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.
2. Additional Agreements
Because the Site serves a number of functions, including registration for and access to RingCentral’s Services, as described at www.ringcentral.com.au/legal/tos.html, your use of the Site also may be governed by other agreements; the terms and conditions of those agreements are in addition to the terms set forth herein. In the event that the Site terms contradict terms set forth in a specific agreement for the use of RingCentral’s Services, the agreement shall control.
All content, copyrighted materials, and copyrightable materials on this Site, including, without limitation, scripts, codes, icons, buttons, scripts, designs, text, graphics, images, pictures, sound files and other files, page layouts, page headers, and the selection and arrangement thereof (“Materials”) are Copyright © RingCentral and/or its affiliates ALL RIGHTS RESERVED. Except as stated herein, the Materials may not be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of RingCentral or affiliated copyright owner.
4. Trademarks and Service Marks
All marks and logos featured in this Site are either trademarks, service marks, or registered trademarks of RingCentral or its affiliates. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of RingCentral or its affiliates. RingCentral or its affiliates trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits RingCentral or its affiliates.
All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site that do not belong to RingCentral or its affiliates are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RingCentral.
5. Framing and Linking
You may not frame, enclose, or otherwise use any RingCentral or RingCentral affiliate trademark, logo, design, image, page layout, or other proprietary information displayed on this Site without the prior written permission of RingCentral or its affiliates. See Section 3 (Copyright) and Section 4 (Trademarks and Service Marks) above for further information.
Subject to the restrictions in these Website TOU, including without limitation those in Section 1 (Limited License) above, RingCentral grants to you a limited, nonexclusive right to create a hypertext link (“link”) to the home page of this Site so long as your link does not portray RingCentral, its affiliates, or any of their Services in a false, misleading, or otherwise defamatory manner. You may not use a RingCentral or RingCentral affiliate design, logo, or other proprietary graphic, trademark, or registered trademark to link to this Site without the express written permission of RingCentral. RingCentral reserves the right, at all times in its sole discretion, to terminate your rights to create a link to the Site homepage.
6. Third-Party Links
RingCentral’s Privacy Notice provides information on how and why we collect, use and share your personal information when you visit the Site. The Privacy Notice is available at https://www.ringcentral.com.au/legal/privacy-notice.html.
8. Additional Licenses
The Services may comprise or incorporate services, software or products developed or provided by third parties, including open source software or code. Use of such third party services, software and products shall be governed by the terms and conditions issued by the relevant third party and, in connection with your use of the Services, you agree to comply with all such third party terms and conditions in full. RingCentral may update the third party services, software and products used in connection with the provision of the Services from time to time in its sole discretion.
9. Copyright Infringement
One or more RingCentral Services may allow third parties to upload, transmit, send, or receive copyrighted materials. RingCentral is under no obligation to, and does not, review such materials 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.
If you believe your copyright is being infringed by any material on the Site or forming part of RingCentral’s Services, you should notify RingCentral in writing at email@example.com with a copy to:
RingCentral Australia PTY LTD.
680 George Street
Sydney NSW 2000
Any notice of claimed infringement must identify the copyrighted work that is claimed to have been infringed and include a detailed description of the material that is claimed to be infringing or that is to be the subject of infringing activity. The notice of claimed infringement must contain enough information to permit RingCentral to locate any infringing material and must also include you and the complaining party’s contact information.
10. Governing Law, Venue, and Dispute Resolution
The laws of the state of California, U.S.A., excluding its conflicts-of-law rules, govern this Agreement and your use of the Site. Venue for all claims and disputes between you and RingCentral arising under this Agreement or related to your use of the Site shall be the appropriate courts located in the City and County of San Francisco, California or the courts in Sydney, NSW, Australia. 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 governing law, venue, and/or dispute resolution provisions, so certain of the foregoing requirements in this section may not apply to you.
If any portion of these terms and conditions is determined to be unenforceable under applicable law, that portion shall be construed as nearly as possible to reflect the original intentions of the parties. All remaining terms set forth herein shall continue to have full force and effect.
12. Disclaimers and Limitation of Liability
ACCESS TO THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND RINGCENTRAL DOES NOT GUARANTEE THAT THE SITE WILL BE ACCURATE, COMPLETE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. 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 OR ANY OTHER COUNTRY. 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. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
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 AT ONE THOUSAND DOLLARS ($1,000.00). 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.
13. Third-Party Rights
The provisions of the Disclaimers and Limitation of Liability section above are for the benefit of RingCentral and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
15. Waiver, Modification, and Assignment
Any failure by RingCentral to insist upon or enforce strict performance of any provision of these Website TOU shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between RingCentral and a user of this Site nor the course of trade practice shall act to modify any provision of these Website TOU. RingCentral may assign its rights and duties under these Website TOU to any party at any time without notice to you.