Welcome to the Website of Voice Assist, Inc., (“Voice Assist”). This Site and its
related services (collectively “Service”) are provided subject to your compliance
with the terms and conditions set forth below.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. By using our Service or by clicking
a box that states that you accept or agree to these terms, you signify your agreement
of use, you may not use our Service.
Note that special terms apply to some services offered, like subscription-based
services or other features or activities. These terms are posted in connection with
B. Use of Content
Our website contains content belonging to Voice Assist. Such content includes, but
is not limited to, all information, materials, functions and other content (including
Submissions, as defined in Section D below) (“Voice Assist Content”) contained in
or through our Service. Voice Assist Content is protected by copyright trademark,
patent, trade secret, trade name, trade dress and other applicable laws and regulations.
Voice Assist owns and retains all rights in Voice Assist Content. Voice Assist hereby
grants you a limited, revocable, non-sublicensable license to reproduce and display
Voice Assist Content solely for you use in connection with using our Services. We
may change our Service or delete Voice Assist Content or features at any time, in
any way, for any or no reason.
Except as we specifically agree in writing, no Voice Assist Content from our Service
may be used, reproduced, transmitted, distributed or otherwise exploited in any
way other than as part of the Service provided, except where the site allows you
to download Voice Assist Content for your use, provided that you make no modifications
to the Voice Assist Content, and do not use the Voice Assist Content for business
use, “re-mailing” or high-volume or automated use of our site or related services.
In the event that we offer downloads of software through our Service and you download
such software, the software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the “Software”)
are licensed to you by us or third-party licensors for your personal, or in some
cases, business use only. We do not transfer title to the Software to you. You may
not distribute or otherwise exploit the Software or decompile, reverse engineer,
disassemble or otherwise manipulate the Software.
Upon your subscription to our Service, we will assign you a telephone number which
is owned by Voice Assist (“Private Line”). You shall have no right to sell, resell,
port, reproduce, duplicate, copy, distribute, create derivative works or exploit
for commercial purposes, the Service (or any portion thereof) or access to the Private
Line, and shall not claim that you have any such right.
C. Restrictions on Use
Voice Assist, in its sole and absolute discretion, reserves and retains the right
to reduce, restrict, terminate or suspend, with or without notice to you, the provision
of Service (and terminate or suspend you access to the Private Line) in the event
you use our Service in a harmful, offensive manner or otherwise in violation of
acknowledge and agree that you shall not:
- Use the Service for auto-dialing, continuous or extensive call forwarding, telemarketing
(including without limitation charitable or political solicitation or polling);
- copy, reverse engineer or otherwise alter any aspect of our service;
- Use the Service to distribute material which is libelous, defamatory, obscene, pornographic,
threatening, abusive or hateful;
- Transmit any material that infringes the intellectual property rights of third parties
or that contains any viruses or other harmful programs;
- Use the Service to violate Voice Assist’s security or the security of systems accessible
through the site or related services;
- Attempt to cause harm to Voice Assist or third-party equipment, software or processes
used in connection with furnishing the site or related services;
- Create a false identity or otherwise purposefully mislead others as to the identity
of the originator of any message;
- Attempt to gain unauthorized access to our website or related services, any telephone
lines or other accounts, computer systems or networks through any means;
- Use or attempt to use the Service or the Private Line in a manner that is otherwise
in violation of any Federal (including with respect to the transmission of technical
data or software to a foreign country), state, local or foreign law;
- Share your account with other individuals. A Voice Assist account is for individual
In addition, Voice Assist may reduce, restrict, terminate or suspend the Service
- You are found to have made a false statement to Voice Assist in the registration
process or subsequently thereto;
- You fail to make any payment due hereunder;
- You become insolvent or the subject of bankruptcy proceedings;
- You breach any part of this Agreement;
- Voice Assist is unable to verify your credit, if applicable, or other information;
- Voice Assist believes or suspects that you are not adhering to the restrictions
on use noted above.
If your Service is canceled and/or terminated by us, for any reason, you shall not
be entitled to a refund of any unused portion of your subscription.
images, photos, videos, sounds, musical works, works of authorship, applications,
ideas, concepts, and/or other similar materials that you submit, post, upload, embed,
display, or otherwise distribute (collectively, “Distribute”) on or through our
Voice Assist reserves the right to reject, refuse to post or communicate or remove
any Submission for any reason, including Submissions that violate these terms of
use or which may be offensive, illegal, or violate the rights of any person or entity,
or harm or threaten the safety of any person or entity. Voice Assist assumes no
responsibility for monitoring its Service for inappropriate Submissions or conduct.
If at any time, Voice Assist chooses, in its sole discretion, to monitor such Submissions,
Voice Assist nonetheless assumes no responsibility for the Submissions or an obligation
to modify or remove such Submissions, nor does Voice Assist assume responsibility
for any user submitting such Submissions.
E. Third Party Communications
You understand and agree that in order to perform to our specifications, Voice Assist
will regularly communicate with third party affiliates, as well as, third party
affiliates’ hardware/software/servers during the normal course of operation and
such will obtain, retrieve, process, transmit and store Submissions received from
Our website contains links to other internet websites that take you outside of our
Service to sites that are beyond our control, such as banner advertisements and
links from advertisers, sponsors and content partners that may use our logo(s) as
part of a co-branding relationship. You acknowledge that when you click on any of
the aforementioned links, the sites you are taken to are not controlled by us; different
Voice Assist strongly encourages you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction with any
third parties. Nor can we be held responsible for the accuracy, relevance, legality
or decency of material contained on such sites.
To the extent above, you acknowledge that Voice Assist has taken all reasonable
precautions to protect the secure use of the Service by utilizing an individual
pass-code system. When you register, you will create your own password and PIN to
protect unwanted access to your account. You shall be responsible for protecting
your private password and PIN and will be solely responsible for any damage caused
by unauthorized access of your Service. Voice Assist may temporarily interrupt service
if abnormal or excessive use is detected. You are responsible for all activities
that occur in your account and you agree to notify Voice Assist immediately of any
unauthorized account use. Voice Assist is in no way responsible for any loss or
damages that you may incur as a result of any unauthorized use of your user account
F. Licenses and Representations
By communicating a Submission, you represent and warrant that the Submission and
the necessary rights, licenses, consents and permissions, without the need for any
permission from or payment to any other person or entity, to exploit, and to authorize
These terms do not limit any past or future grants of rights, consents, agreements,
and waivers you may have made or make with respect to Submissions.
Our Service permits or requires you to create an account to participate or to secure
additional benefits. By using our Service, you hereby agree to (a) provide true,
accurate, current and complete information about yourself as requested during our
registration process (“Registration Data”) and (b) maintain and update the Registration
Data to keep it true, accurate, current and complete. You shall not impersonate
any person or entity or misrepresent your identify or affiliation with any person
or entity, including using another person’s username, password, Private Line or
other account information, or another person’s name, likeness, voice, image or photograph.
Furthermore, you hereby consent to Voice Assist distributing your Registration Data
to third parties solely for purposes of technical and other support services, in
all events, relating to the provision of the Service to you, and as required by
law or in the event you grant Voice Assist the right to so provide such information
limited use of your personal information as more fully set forth in the Privacy
Policy found at
We may suspend or terminate your account and your ability to use any portion of
to a particular service, for infringing copyright, or for any other reason whatsoever.
H. Service Interruptions and Limitations
Voice Assist has selected telecommunications carriers to provide wholesale origination,
transport and termination services for all of its subscribers and, therefore, the
provision of the Service depends on various carriers, equipment, vendors and other
circumstances which are not under the direct control of Voice Assist. You, as the
subscriber, acknowledge and agree that access to the Service or Private Line and
the provision of the Service is subject to factors outside of Voice Assist’s control
and that Voice Assist will not be responsible for any unavailability of the Service
or Private Line that you may experience. Voice Assist does not guarantee uninterrupted
service. In addition, the quality of voice service may vary because of mobile access,
lack of wireless coverage, weather conditions, radio frequency, satellite transmissions
and other reasons outside of Voice Assist’s control. You acknowledge that any data
or other information obtained though the use of the Service are obtained at your
own risk and discretion and Voice Assist will not be liable for or responsible for
any damage to you or your property.
I. Service Plans
Voice Assist offers different paid services. You understand that if you subscribe
for a paid service, it is only available on a pre-paid basis. You understand and
agree that Voice Assist or its licensees, designees, agents or other authorized
personnel may automatically debit the subscription fee from your checking account
or credit card as indicated by you through the subscription process.
Your particular service plan will be billed as a Fixed Monthly Service Charge (FMSC)
and includes the features as documented at
www.voiceassist.com/html/common/PlansForm.aspx. The FMSC will automatically
be debited from your account in accordance with the date of your initial subscription
or plan change. If the debit transaction is not approved by your bank or credit
card company, Voice Assist may interrupt service or, at its sole and absolute discretion,
terminate service for non-payment. Failure to restore access with a valid checking
account or credit card within ten (10) days will result in automatic termination
of service without re-instatement unless you pay a $25 re-activation fee within
thirty (30) days of termination of service. After thirty (30) days of non-payment,
your Access Line maybe re-assigned to another subscriber. Voice Assist reserves
the right to change the FMSC charged for on-going access to this service after ten
(10) days written notice to you. Notice shall be deemed automatically given when
new rates are posted at
www.voiceassist.com/html/common/PlansForm.aspx. All rate changes posted
will automatically become effective on the next billing cycle for all subscribers
on a specific service plan.
Unlimited use service plans are bound by the average use by the population of
subscribers using the plan. If any subscriber exceeds 25% over and
above the average usage of the population of subscribers, then their account is
subject to investigation for fraudulent use outside these terms and conditions.
Voice Assist reserves the right to terminate or charge the user for fraudulent or
J. Public Forums and Communication
“Public Forum” means an area, site or feature offered as part of our Service that
offers the opportunity for subscribers to Distribute Submissions for viewing by
one or more subscribers, including a chat area, message board, instant messaging,
mobile messaging, social community environment, profile page, conversation page,
blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Public Forums and features offered therein are for public and
not private communications, and you have no expectation of privacy with regard to
any Submission to a Public Forum. We cannot guarantee the security of any information
you disclose through any of these media forms; you make such disclosures at your
You are and shall remain solely responsible for the Submissions you Distribute on
or through our Service under your username or otherwise by you in any Public Forum
and for the consequences of submitting and posting same. We have no duty to monitor
any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge
that the use of any Submission posted in any Public Forum is at your own risk. For
example, we are not responsible for, and we do not endorse, the opinions, advice
or recommendations posted or sent by users in any Public Forum and we specifically
disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify
or otherwise use or take any action with respect to Submissions you Distribute.
K. Disclaimers; Limited Liability
THE SERVICE IS BEING PROVIDED HEREUNDER “AS IS” AND “AS AVAILABLE” AND VOICE ASSIST
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SUITABILITY, PERFORMANCE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY,
COMPATIBILIY, NONINFRINGEMENT OR ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES
UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. In no event
shall Voice Assist be liable for, and you, as the subscriber, hereby release Voice
Assist, including its officers, directors, managers, investors, members, employees,
consultants, vendors, attorneys, accountants and advisors, from liability, WHETHER
OR NOT DUE TO THE NEGLIGENCE OF VOICE ASSIST, for: Any act or omission of any provider
of service or facilities other than Voice Assist; Mistakes, omissions, interruptions,
errors, failures to transmit, delays or defects in the service provided by or through
Voice Assist; Any damage or injury caused by, or allegedly resulting from, the presence
or use of any wireless telephone or other service provided by Voice Assist, including,
but not limited to, the presence or use thereof in any vehicle or on any property;
Claims made against you by third parties; Damage caused by any suspension or termination
of Service by Voice Assist; Damage caused by failures or delays in the provision
of, or making calls to, 911 or any other emergency service, where such service is
available; or Any damage or injury arising from alleged negligence or willful misconduct
of any third party, or including, without limitation, any directory assistance or
internet service provider. Voice Assist shall not be liable for any indirect, punitive,
special, incidental or consequential losses or damages to you or any third party
may suffer or incur caused by use of, or inability to make use of, the Service or
equipment provided by or through Voice Assist, such as, but not limited to: Loss
of business, revenue or profits; Damages or losses as a result of your inability
to fulfill agreements with third parties; Claims of personal injuries; or Injury
VOICE ASSIST’S SOLE LIABILITY, IF ANY, FOR LOSS OR DAMAGE ARISING OUT OF MISTAKES,
OMISSIONS, INTERRUPTIONS, ERRORS OR ANY OTHER CAUSES, INCLUDING THE NEGLIGENCE OF
VOICE ASSIST, SHALL BE LIMITED TO AN AMOUNT EQUAL TO ONE MONTH’S SERVICE FEE FOR
THE SERVICE PROVIDED HEREUNDER.
To the full extent permitted by law, you hereby release, indemnify, and hold Voice
Assist, including its officers, directors, managers, investors, members, employees,
consultants, vendors, attorneys, accountants and advisors harmless from and against
any and all claims of any person or entity for damages of any nature arising in
any way from or relating to, directly or indirectly, the Service provided by Voice
Assist or any person’s use thereof, INCLUDING CLAIMS ARISING FROM, IN WHOLE OR IN
PART, THE ALLEGED NEGLIGENCE OF VOICE ASSIST, or any violation by you of the terms
and conditions set forth herein. This obligation shall survive the termination of
provision of the Service hereunder. Voice Assist is not liable to you for changes
in operation, equipment or technology that causes your equipment or software to
be rendered inoperable, obsolete or require modification.
to reduce or expand the level or the breadth of Service), in its sole and absolute
web site at www.voiceassist.com.
Your continued use of the Service will confirm your consent to the terms and conditions
herein as well as your acceptance of the changes Voice Assist may make to these
N. Jurisdiction and Venue
via the internet, when accepted by Voice Assist as approved. If any action at law
appropriate state or federal courts located in Orange County, California, and you
hereby consent and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action.
O. General Provisions
between the parties with respect to the subject matter contained herein, shall supersede
any and all previous agreements either written or oral and shall continue in full
force in effect unless or until the parties enter into a subsequent written agreement
duly authorized and signed by the parties hereto and evidenced by the date affixed
therein. No other agreements either oral or written shall be deemed valid or of
any force of affect unless duly signed by the authorized parties hereto as evidenced
by duly executed copies in duplicate.
void or for any reason unenforceable, then that provision shall be deemed severable
any remaining provisions.
deemed a further or continuing waiver of such provision or any other provision,
not constitute a waiver of such right or provision.
Transfer or Assignment. Your Service may not be assigned, licensed, leased
or otherwise transferred by you to any third party.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF RELATING TO THESE
OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
P. Additional Terms
Special Provisions Applicable to Users Outside the United States. Voice Assist
offers its Services to users outside of the United States and the following provisions
apply to those users who interact with or subscribe to Voice Assist services:
- You consent to having your personal data transferred to and processed in
the United States.
- If you are located in a country embargoed by the United States, or are
in the US Treasury Department’s list of Specially Designated Nationals you will
not engage in commercial activities on Voice Assist’s website (such as advertising
or payments) or operate an application or website.
The following additional terms and conditions with respect to our applications designed
for use on an Apple iOS-powered mobile device (“iOS App”):
only, and not with Apple, Inc. (“Apple”). We, and not Apple, are solely responsible
for our iOS App and the services and Content available thereon.
- You agree that your use of our iOS App shall be subject to the Usage Rules
set forth in Apple’s then-current App Store Terms of Service.
- The parties agree that Apple shall have no obligation to provide maintenance
and support services with respect to our iOS App.
- To the maximum extent permitted by applicable law, Apple will have no warranty
obligation whatsoever with respect to our iOS App.
- You agree that we, and not Apple, are responsible for addressing any claims
by you or any third party relating to our iOS App or your possession and/or use
of our iOS App, including, but not limited to: (i) product liability claims; (ii)
any claim that the iOS App fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar legislation.
- You agree that we, and not Apple, shall be responsible for the investigation,
defense, settlement and discharge of any third party intellectual property infringement
claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that
is subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country; and (ii) You are not listed on any
U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third party terms of agreement
when using our iOS App (e.g., you must not be in violation of your wireless data
service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries
of use, Apple will have the right (and will be deemed to have accepted the right)