Copyrights & Trademarks
©2000 by Callbutton LLC. All rights reserved worldwide.

Use of any content or materials from this Web site as allowed by the Terms and Conditions of Use ("Terms") by a third party expressly binds that party to those Terms. The notice shown above must be applied to any such content or materials.

Callbutton, Callbutton Gateway, Callbutton Auto, Callbutton Realty, Callbutton Basic, Callbutton Manager, Callbutton Director, Callbutton Executive, and the Callbutton logo are trademarks, and "" is a service mark of Callbutton LLC. This list may not be comprehensive. Any questions about the use of these marks should be directed to message links found on this page.

Trademarks and service marks of other companies and organizations that may be used in documents published on the World Wide Web by Callbutton LLC are the property of their respective owners.

Privacy Policy
Callbutton is committed to the privacy of customers and visitors while using this site. This statement discloses our practices regarding privacy, and includes:

• What personally identifiable information of yours or third party personal identification is collected from you through the web site
• The organization collecting the information
• How the information is used
• With whom the information may be shared
• What choices are available to you regarding collection, use and distribution of the information.
• The kind of security procedures that are in place to protect the loss, misuse or alteration of information under Callbutton control.
• How you can correct any inaccuracies in the information

If you feel that this company is not abiding by its posted privacy policy, please us by phone at 972-437-1100, email at message links found on this page, fax at 972-889-5353 or by mail at:
Callbutton , LLC.
1701 N. Greenville Avenue, Suite 105
Richardson, Texas 75081.

Information Collection and Use
Callbutton is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Callbutton collects information from our users at several different points on our web site.

New Account Registration
In order to sign up for services, a user must first complete the registration form. During registration a user is required to give their contact information (such as name and email address). This information is used to contact the user about the services on our site for which they have expressed interest, and/or to register the user for those services. We also request financial information (such as credit card number, expiration date), and optionally, company financial information. This information is used only for billing purposes and/or to qualify a new company for net terms. If we have trouble processing a registration, the contact information is used to get in touch with the customer.

Callbutton Service
When someone requests contact with us or one of our customers by clicking on the Callbutton icon, we first collect specific contact information (such as name and phone number) plus various information as requested by our customers. This information is relayed to our customer for the purpose of contacting the person making the request. We are not responsible for the privacy practices of our customers' sites. Information collected by Callbutton from a user of a Callbutton customer site is governed by the privacy policies of that site. In this case, Callbutton acts only as an agent collecting information on behalf of our customer.

Cookies
A cookie is a piece of data stored on the user's hard drive containing information about the user. For instance, by setting a cookie on our site, the user would not have to complete repetitive login or contact information more than once, thereby saving time on future visits to our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will have to complete all user information fields each time they are needed. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.

Log Files
We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Sharing
We will share aggregated demographic information with our partners. This is not linked to any personal information that can identify any individual person. We use an outside call center to provide sales and support services, and a credit card processing company to bill users for services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

Links
This web site contains links to other sites. Please be aware that we, Callbutton, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Newsletter
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address, plus optional demographic data. This information is not shared with other parties, except as aggregated demographic data.

Surveys & Contests
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Tell-A-Friend
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. Callbutton will automatically send the friend a one-time email inviting them to visit the site. Callbutton stores this information for the sole purpose of sending this one-time email. The friend may contact Callbutton at message links found on this page, or by replying to the one-time email, to request the removal of this information from our database.

Security
This web site takes every precaution to protect our users' information. When users submit sensitive information via the web site, your information is protected both online and off-line. When our registration form asks users to enter sensitive information (such as credit card numbers and/or social security number), that information is encrypted and is protected with SSL, the world standard for Internet security. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just 'surfing.' While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept locked, in a secure environment. If you have any questions about the security at our web site, you can send an email to security@callbutton.com.

Supplementation of Information
In order for this web site to properly fulfill its obligation to our customers, it is necessary for us to supplement the information we receive with information from 3rd party sources. For example, to determine if our customers qualify for net terms, we use their name and social security number or company information to request a credit report. Once we determine a user's credit-worthiness, this document is destroyed.

Special Offers
We send all new customers a welcoming email to verify password and username. Established customers will occasionally receive information on new services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt-out below.

Site and Service Updates
We also send the user site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.

Correction/Updating Personal Information
If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done at the customer account information page or by emailing Customer Support at message links found on this page. Your may also call us at 972-437-1100, or send a fax to 972-889-5353.

Choice/Opt-out
Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site at the point where we ask for the information. For example, our registration form has an 'opt-out' mechanism so users who register for service from us, but don't want any marketing material, can keep their email address off of our lists. Users who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by replying to any of those emails with the word "unsubscribe" in the subject line of the email, or email us at message links found on this page, call us at 972-437-1100, fax us at 972-889-5353 or write to us at Callbutton, LLC., 1701 N. Greenville Avenue, Suite 105, Richardson, Texas, 75081. Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether they should proceed with services that require an outside party, or not.

Notification of Changes
If we decide to change our privacy policy, we will post those changes on our web site so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Designation of Agent to Receive Notification of Claimed Infringement

Full Legal Name of Service Provider:
Callbutton, LLC

Address of Service Provider:
1701 N. Greenville Avenue, Suite 105, Richardson, Texas 75081

Name of Agent Designated to Receive Notification of Claimed Infringement:
Lori Conn

Full Address of Designated Agent to which Notification should be Sent:
Gayle Foster
Callbutton, LLC
1701 N. Greenville Avenue, Suite 105
Richardson, TX 75081
Telephone Number of Designated Agent: 972-437-1100
Facsimile Number of Designated Agent: 972-889-5353
Email Address of Designated Agent: message links found on this page

Callbutton Acceptable Use Policy

General
The Services may only be used in a manner that is consistent with their intended purpose, and specifically, may only be used for lawful purposes. Users shall not use the Services for any purpose: (a) that is in violation of any applicable law or regulation, including but not limited to export or encryption restrictions or regulations; or (b) that may expose Callbutton to any civil or criminal liability. Further, users are prohibited from assisting any other party in engaging in such use or in violating any part of the AUP.

Responsibility for Content and Use
Callbutton takes no responsibility for any content or material created by third parties that is associated with Callbutton or Callbutton Services. Callbutton is not obligated to monitor or exercise any control over such material, but expressly reserves the right to do so. If Callbutton becomes aware of any use of Services that violates this AUP or the Terms and Conditions of Use, or that may expose Callbutton to civil or criminal liability, Callbutton reserves the right to suspend or terminate Services to the violating party without notice. Further, Callbutton reserves the right to pursue legal action against the violating party and to cooperate with legal authorities and other third parties in the investigation of the violation, including the disclosure of the person or entity Callbutton believes is responsible for the violation.

Intellectual Property
Users of Services acknowledge that material and content available through the World Wide Web and other sources may be subject to protection under privacy and other personal rights, as well as Intellectual Property rights such as copyrights, trademarks, patents, and trade secrets. Users shall not associate Callbutton with or use Services on any Web site or for any other purpose that would infringe, violate, dilute, or misappropriate any such rights of any third party. Users are solely responsible for securing all necessary permissions required for use of copyrighted or otherwise protected material or content.

Inappropriate Use
Users are expressly prohibited from associating Callbutton with or using Services on any Web site or for any other purpose that is considered inappropriate, as reasonably determined by Callbutton. This includes but is not limited to Web sites that contain indecent, obscene, pornographic, defamatory, abusive, libelous, hateful, threatening, or excessively violent content, or that are in violation of any local laws, including spamming.

Harmful or Fraudulent Use
Users shall not use the Services in any way other than their intended purpose. This includes but is not limited to intentional misuse for purposes of using the Services without paying or using the Services in such a way as to cause an unknowing third party to pay for said use.

Users shall not use the Services to offer or promote any goods or services that contain false, deceptive, or misleading statements, claims, or representations. Further, Users are expressly prohibited from intentionally submitting false or inaccurate information on any online form or contract, and from the fraudulent use of credit cards and other means of payment.

Server Security
Users shall not attempt to violate the security of any Callbutton Server. This includes but is not limited to (i) accessing information not intended for access by that User; (ii) logging into an account for which the User is not authorized; (iii) impersonating Callbutton employees or affiliates; (iv) probing or scanning to test the vulnerability of any Server or other part of the Callbutton network; (v) attempting to breach or counteract the security or authentication mechanisms of any Server; (vi) attempting to disrupt or disable Services to any user, including but not limited to any form of "overloading" or "denial of service" attack; (vii) forging or "spoofing" any packet header sent to any Server; (viii) attempting to obtain the use of any Services for which the User is not otherwise entitled; or (ix) attempting to use another User's account or Services without that User's permission. Further, Users are expressly prohibited from any attempt to circumvent or alter the systems or methods by which Callbutton bills for Services. Any such violations or attempted violations may result in civil or criminal liability.

Suspension and Termination
Callbutton may suspend or terminate Services without notice to any User that Callbutton determines to have violated any part of this AUP. Further, Callbutton reserves the right to take civil or criminal legal action, as appropriate. Callbutton shall not be liable for any damages of any kind that may be suffered by the User or any third party as a result of suspension or termination of services, exercised by Callbutton under the rights of this AUP.

Callbutton reserves the right to modify this AUP at any time without prior notice. Such modifications will become effective when posted on this Web site.

To report suspected violations of this AUP, send email to message links found on this page.

Callbutton Terms & Conditions of Use

Copyrights
All content included on this Web site, including all "Pop-Up" windows associated with Callbutton and the Product (the "Content"), such as text, graphics, logos, button icons, and images, is the property of Callbutton or its content suppliers and protected by U.S. and international copyright laws. Except where indicated otherwise, the Content may only be used as an informational resource for personal, non-commercial use. Any other use, including the framing, reproduction, modification, distribution, transmission, republication, or display of the content on this Web site is strictly prohibited. Portions of the Product may be subject to pending or issued patent protection. The Product and the structure, organization and code of the Product are confidential and proprietary information of Callbutton and/or its licensors. You agree to take adequate steps to protect the Product from unauthorized disclosure or use. Except as expressly permitted herein, You agree not to adapt, translate or modify the Product. You agree not to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code of the Product, or to knowingly allow others to do so, except to the extent applicable laws specifically prohibit such restriction. This license grants You a limited right to use the Callbutton logo and the Callbutton "click to call" graphics (the "Trademarks"). You shall only use the Trademarks in accordance with accepted trademark practice, including identifying Callbutton as being the owner of the Trademarks. Such use of any of the Trademarks does not give You any rights of ownership in the Trademarks. You agree that any Trademark, trade name, service mark, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the Product provided to You shall not be removed or altered, and shall be accurately reproduced by You on any and all copies of the Product. You also agree to give Callbutton the right to review your use of the Trademarks and revoke your right to use the Trademarks if you violate any term or condition of this Agreement. Except as stated above, this Agreement does not grant You any intellectual property rights in the Product. Title, ownership rights, and intellectual property rights in and to the content accessed through the Product remain the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement grants no rights to such content and Callbutton disclaims any responsibility arising out of or related to any access to intellectual property provided or furthered by use of the Product. You agree to hold Callbutton harmless and defend Callbutton in all third-party copyright disputes. It is Your sole responsibility to obtain all permissions to use copyrighted materials used in conjunction with the Product and to forward written copies of such permissions to Callbutton for Callbutton's files. Callbutton will not be held liable for copyright infringement on materials provided or referenced by way of hyperlink by You.

License
The code included with and in the Product may be used only in conjunction with the Product and modifications to such code may be made to facilitate use of the Product; provided, however, such use and modifications shall be subject to all the terms and conditions of this Agreement. Nothing herein shall be construed as granting license rights to the Product for any other purpose, including, without limitation, a general Internet or general Intranet call or contact service. THE PRODUCT MAY NOT BE USED, COPIED, TRANSFERRED, OR MODIFIED EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT.

Ownership
You acknowledge that, as between You and Callbutton, Callbutton owns all right, title and interest in and to the Trademarks and the Callbutton Services. You shall not take any action that is inconsistent with the ownership of the Trademarks and Callbutton Services by Callbutton. All goodwill and improved reputation in respect of the Trademarks generated by your use thereof shall inure to the benefit of Callbutton.

Term
The effective date of this Agreement is the date that Callbutton executes this Agreement. The term of this Agreement shall continue until either party chooses to terminate this Agreement as provided below. This license is effective until terminated as set forth herein. You or Callbutton may terminate this Agreement as defined below.

Fees and Payments
Service fees will consist of a combination of setup, monthly service, usage, and applicable taxes and other charges as set forth in the Service Option chosen. If Service fees are billed in advance by credit card, Services will be automatically suspected when the balance of your Callbutton account reaches zero. This assumes that at least one automatic credit card charge attempted to replenish of your account was declined. If Service fees are billed monthly by credit card and the attempted automatic credit card charge is declined, services will be suspended after a five (5) day Notice to Cure, and remain suspended until the account is brought current. If You apply for and receive Net Terms, You agree to make payment to Callbutton within thirty (30) days of the invoice date. Any unpaid balance not paid when due shall bear interest at a rate of one and one-half percent (1-1/2%) per month compounded monthly or such lower rate as may be required to conform with state and federal law. Any invoice that is more than thirty (30) days past due shall, if still unpaid after a ten (10) day Notice to Cure, result in suspension of Services until all overdue invoices are brought current.

Collection
In the event it becomes necessary for Callbutton to institute legal action against You to collect fees and/or expenses owed to Callbutton hereunder, You agree to compensate Callbutton for all reasonable expenses incurred, including court costs, and attorney's fees and expenses.

Termination
You may terminate this Agreement for any reason whatsoever by placing a telephone call to an authorized Callbutton representative. In such case, you will be entitled to no repayment of fees, except the unused balance of Your prepaid account, if applicable, which will be credited to the credit card on file within thirty (30) days. If any party materially breaches any provision of this Agreement, the non-breaching party may terminate this Agreement by issuing to the breaching party written notice of the non-breaching party's intent to terminate, naming the reasons for termination. The breaching party then has ten (10) days to cure the breach from the date of the notice. If the breach has not been cured within this time period, this Agreement shall terminate. Callbutton expressly reserves the right to terminate the Callbutton Services and/or this Agreement at any time, in its sole discretion, without notice to you, by returning any unused portion of fees paid to Callbutton on a pro-rata basis. Should You object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with Callbutton, Your only recourse is to immediately discontinue use of Callbutton Services and properly terminate this Agreement. Callbutton reserves the right to terminate this Agreement if You appear to Callbutton to be using Callbutton Services in a manner inconsistent with the letter of this Agreement, the intent of this Agreement, or Callbutton's Acceptable Use Policy. YOUR RIGHT TO USE CALLBUTTON SERVICES IMMEDIATELY CEASES UPON TERMINATION OF THIS AGREEMENT.

Return Upon Termination
Immediately upon termination of this Agreement, You shall remove all references to the Callbutton Services from Your Web site(s), banner ads, emails, and other such places, and cease offering the Callbutton Services and use of the Trademarks. On or before five (5) days after the termination of this Agreement, you must destroy, erase, and delete all copies of Callbutton Property and Trademarks in Your possession or that You have or caused to be posted on any Web site, banner ad, email, or other such place.

Authorized Use
You agree not to authorize any third party without executing the appropriate Callbutton Partner Agreement to: (i) modify or copy in whole or in part the Trademarks; (ii) rent, lease, sell, transfer, or further sublicense the Trademarks or Callbutton Services or; (iii) reproduce or distribute the Trademarks other than as specifically authorized in this Section. This Agreement is personal to You. This license does not include the right to sublicense and may not be assigned, by operation of law or otherwise, or transferred without the prior written consent of Callbutton. Any attempted assignment in derogation hereof shall be null and void. You may not lend, rent, or lease the Products, Services, or Trademarks.

Accuracy of Information
As part of the consideration for your use of this Web site and any Callbutton services, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Callbutton has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Callbutton has the right to suspend or terminate your account and refuse any and all current or future use of any Callbutton Services.

Service Standards
In order to preserve the value of the Trademarks and Callbutton Services, all use of the Intellectual Property and Callbutton Services shall conform to the image, reputation, branding and positioning standards promulgated by Callbutton from time to time. Should Callbutton notify you that any of your business activities or your use of the Trademarks or Callbutton Services does not comply with the Service Standards, you shall promptly correct such non-compliance. In the event that you do not correct such non-compliance within a reasonable time, Callbutton may demand that you remove all Trademarks from the non-complying location(s) and cease using Callbutton Services. You agree to maintain Your Web site(s), banner ads, and other such locations free of any material that may reasonably be considered libelous, an invasion of privacy, obscene, pornographic, or that otherwise violates any law or right of any person or entity.

Account
Upon providing Callbutton with designated account information, a Callbutton account shall be opened in your name and recognized by your User Name and Password. You agree to immediately notify Callbutton of any unauthorized use of your User Name and Password. You are responsible for all activity taking place with use of your User Name and Password (including, without limitation, financial responsibility for all Services used).

General Disclaimer and Content Disclaimers
THE TRADEMARKS AND THE CALLBUTTON SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND MAY CONTAIN ERRORS OR INACCURACIES. YOU USE THE TRADEMARKS AND CALLBUTTON SERVICES AT YOUR OWN RISK. CALLBUTTON HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. CALLBUTTON ASSUMES NO RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE ANY INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE PRODUCT OR FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THIS PRODUCT. CALLBUTTON AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. CALLBUTTON LICENSES THIS PRODUCT "AS-IS" AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS PRODUCT WILL MEET ANY REQUIREMENTS, THAT THE PRODUCT IS FIT FOR A PARTICULAR OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Callbutton is in no way responsible for the content of any third party Web site(s) linked to any Callbutton Web site via hyperlink, whether such hyperlink is provided by Callbutton or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any Web site to which any Callbutton Web site may link, nor is Callbutton endorsing services provided by any third party Web site's sponsoring organization, and Callbutton takes no responsibility therefore. Under no circumstances will Callbutton be held liable for any computer viruses, system failure, or malfunction that may occur during hyperlink to third party Web sites. Callbutton reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without prior notification. In addition, when using a particular Callbutton Service, You and Callbutton shall be subject to any posted guidelines or rules applicable to such service that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. Callbutton may terminate, change, suspend or discontinue any aspect of the Callbutton Web site, including the availability of any features of the Web site or Callbutton Services, at any time. Callbutton may also impose limits on certain features and services or restrict your access to parts or the entire Web site without notice or liability.

Limitation of Liability
IN NO EVENT SHALL CALLBUTTON BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH: (i) THE DEFICIENCY OR INADEQUACY OF THE TRADEMARKS OR CALLBUTTON SERVICES FOR ANY PURPOSE WHETHER OR NOT KNOWN OR DISCLOSED TO YOU; (ii) USE OF THE TRADEMARKS OR THE AVAILABILITY OF THE CALLBUTTON SERVICES; OR (iii) THE ACCURACY OF THE TRADEMARKS OR ERROR-FREE OPERATION OF THE CALLBUTTON SERVICES. CALLBUTTON SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IRRESPECTIVE OF WHETHER CALLBUTTON HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. CALLBUTTON'S LIABILITY FOR CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO CALLBUTTON IN THE PRIOR THIRTY (30) DAYS. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL CALLBUTTON OR ITS LICENSORS BE LIABLE FOR (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF ANY USE OR INABILITY TO USE THIS PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR DESTRUCTIVE PROPERTIES OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. CALLBUTTON IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR CHANGES OR DISCONTINUANCE OF SERVICES.

INDEMNITY
You agree to defend and hold Callbutton and its directors, officers, employees, consultants, partners, and/or agents ("Affiliates") harmless from and against any and all claims, judgments, damages, losses, costs, expenses, obligations, liabilities (including reasonable attorney's fees and costs) resulting from any breach of this Agreement.

This Agreement is made and performed in Dallas County, Texas, and shall be governed and construed according to the laws of the State of Texas. In the event that any action is brought by either party to enforce any term or condition of this Agreement, the prevailing party shall be entitled to recover actual legal costs, including attorneys' fees, court costs and costs of collection, in addition to whatever other relief a court may award. The provisions of this Agreement shall be enforceable notwithstanding the existence of any claim or cause of action of Callbutton against You or You against Callbutton, whether predicated on this Agreement or otherwise. If any part of this Agreement is found to be invalid or otherwise unenforceable, the remainder of the Agreement shall remain in full effect.

If You are using the Product on behalf of any unit or agency of the U.S. Government, the following shall apply: The Government acknowledges Callbutton's representation that the Product and its documentation were developed at private expense, no part of them is in the public domain and that the Product is unpublished, and that rights are reserved under the copyright laws of the United States. (a) For units of the Department of Defense: RESTRICTED RIGHTS LEGEND: Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data Clause at DFARS 252.227-7013. (b) For any other unit or agency: The Government's rights in the Product will be restricted as set forth in sub-paragraphs (a) through (d) of 48 CFR 52.227-19(c)(2).