TERMS AND CONDITIONS OF USE

Your use of or subscription to any Boice Products or Services, as hereinafter defined, constitutes your agreement to the entirety of this Agreement. If you do not agree to the entirety of this Agreement, then Boice is not willing to provide Boice Products or Services to you and you should not Use or subscribe to any of same.

DEFINITION OF TERMS

As used in this Agreement:
This "Agreement" includes all of the provisions of this document as well as the Boice Privacy Policy and all rules, policies, prices, and other documents published by Boice from time to time, all of which are incorporated herein by reference. Your Agreement with Boice also includes all information you select or provide during your sign-up for a plan, together with all optional, customization, upgrade and downgrade features you select and all changes you may make to your plan during its subscription period.
"Boice", "Boice Mystery Call", "we", "us", or "our" mean BTL Behind the Lines, LLC, and its subsidiaries.
"You", "yourself", "user", and "customer" mean the individual or legal entity subscribing to, registering for or using the Boice Products or Services, as well as your agents doing so on your behalf.
"Boice Products or Services" means all products and/or services provided by Boice, which specifically is the planned random or timed calling of your business for the purpose of evaluating the service provided by the person answering such calls, to be used for training and evaluation of personnel, and the recording of such calls so that they are available to you by remote access upon demand, and which definition also generally includes all data services, websites (including without limitation, www.boicemysterycall.com), all other documentation, features, tools, software, and any other products or services provided or utilized by Boice or its authorized agents, distributors, and licensees in the furnishing of Boice Products or Services.
"Personal Information" means all information that you provide or becomes available at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, or similar information that identifies you as a specific individual or entity.
"Data" includes specifically all recordings of conversations between Boice and your personnel, and includes generally any data created by virtue of our furnishing of Boice Products or Services or your Use of same, and any related data that are in the possession of Boice or Boice Affiliates.
To "Publish" documents or information means generally to provide or make them accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you, or by posting them to www.boicemysterycall.com, and includes specifically making accessible to you any recordings of conversations between Boice and your personnel.
"Using" or to "Use" Boice Products or Services means each time you visit a Boice website, register with Boice, view the status of your Data, access any Data or request support.
"Boice Affiliate" means persons or entities who have provided products, licenses, or services to Boice in connection with Boice’s furnishing of Boice Products or Services to you, and persons or entities with or through which Boice provides Boice Products or Services to you.
"Subscribe" or "Subscription" means your Use of Boice Products or Services pursuant to this Agreement, which is only pursuant to the license granted to you by Boice for the Use of same and during the period of your Subscription, which as provided in this Agreement shall be monthly cycles, the beginning of which shall be determined by the date on which your term or cycle commences as described herein, unless changed as described herein, and the end of which is the same date of the following month, and this cycle continues month to month unless and until terminated or cancelled as set forth herein.
"Days" means calendar days.

TERM OF SERVICE

Upon your selection of your plan, furnishing of required startup information and criteria, payment for the activation and initial period of your chosen plan, and our acceptance of your startup criteria, your term of service commences and Boice shall begin furnishing Boice Products and Services to you in accordance with your chosen plan.
You will establish the method of accessing the results of Boice’s contact with your company or business, and it will be your responsibility to safeguard access to your Data and you indemnify Boice from any and all claims, loss, damages, costs and attorneys fees that may arise from your access to, or others’ access to, your Data.
Your term of service will be monthly beginning on the date of commencement as described above, and shall be automatically renewed on the same date of each succeeding month thereafter unless and until terminated or cancelled in accordance with this Agreement. If you upgrade, downgrade or otherwise modify your plan during a monthly cycle, Boice will have the option (a) to prorate such changes and the charges for same over that current monthly cycle, in which event the following monthly cycle will reflect a complete changeover to reflect the changes and charges, or (b) to change your monthly cycle so that it begins on the date of the changes to your plan and you thereafter renew on the new start date. In either event, you will be charged for the old plan up to the change date, and for the new plan thereafter, and Boice shall notify you of the method of charging due to the changes. If the change is only for "a la carte" items, such as an additional call to an existing location, this will result in a one-time additional charge rather than a change to your monthly recurring subscription charge, and will not cause any proration.
Your term of service is defined as pertaining to only one telephone number. If you have more than one phone number and they act on a rotating format so that calls roll over to another number if one is busy, the one phone number shall be the lead number that you have established for the operation of the business for which you are engaging Boice hereunder. This one telephone number shall be the one that Boice utilizes in phoning your business. You may change the one phone number but not more often than once in 30 days.

YOUR RESPONSIBILITY TO YOUR EMPLOYEES

The principal reason you are engaging Boice is to contact your business by phone or otherwise for the purpose of simulating the incidents where actual or potential patrons, customers or clients contact your business, whereby you establish the criteria for and nature of such contacts in order to evaluate the manner in which such contacts are handled and in order to utilize such contacts for training purposes. The results of these contacts will be primarily in the form of recordings of these contacts so that you can hear for yourself how they were handled. In order to obtain effective results for you, these contacts will not be prearranged or pre-approved, and the personnel receiving such contact will not know when such contacts are occurring and may not know even that they are in fact occurring; i.e., they will be unexpected. Boice will make available to you a document that you can have signed by all personnel who might be contacted by Boice which will provide their authority to record their reactions and responses to these contacts, and of necessity their voices, without warning and without contemporaneous approval, and to utilize such recordings for evaluation and training and for all other purposes that you may desire. This document is provided without any warranty of its effectiveness, and if you use same you do so at your own risk; you should have it reviewed by your own counsel and replace it with a document prepared by your counsel if you wish. Whether or not you obtain the written approval and/or release of a person who is recorded, you nevertheless understand and agree that you are indemnifying and holding Boice harmless of, from and against any damage, loss, liability, costs and attorneys fees that may arise out of the contact and recording by Boice of any of your personnel’s voices, whether claimed or incurred by such personnel, by you, by Boice, or otherwise.

MODIFICATION AND CANCELLATION

By registering to Use Boice Products or Services, and each time you Use a Boice Product or Service, you accept and confirm your acceptance of these Terms and Conditions of Use and agree to comply with them now and throughout the period of your Use of the Boice Products or Services and thereafter. If you do not agree to these Terms and Conditions of Use in their entirety, do not and you may not Use Boice Products or Services.
Boice may in its sole discretion change the Terms and Conditions of Use at any time, without prior notice to you. The new or modified Terms and Conditions of Use will be effective immediately after we publish them on our website at www.boicemysterycall.com. Your Use of a Boice Product or Service after such publication of any changes to our Terms and Conditions of Use shall constitute your agreement to such changes, subject to your right to cancel as stated below. If you do not agree to be bound by Boice’s Terms and Conditions of Use as Published by Boice from time to time, your sole and exclusive remedy is to discontinue using Boice Products or Services.
If you wish to cancel your Boice license after a change in the Terms and Conditions of Use, you must do so in writing or by email within fifteen (15) days after your next Use of a Boice Product or Service following the change in the Terms and Conditions of Use. For this type of cancellation you will receive a pro-rata refund for the unused portion of your Boice license as of your date of notice, except for the current monthly period of your license which is deemed earned in full upon same being due or paid, whichever occurs first; i.e., amounts paid for future months will be refunded. You acknowledge and agree that if you do elect to cancel your license within this specified period after a change in the Terms and Conditions of Use, or if you cancel your license or fail to renew an expired or terminated license for any reason, Boice may delete any information and Data that Boice has obtained through your Use of Boice Products or Services, including without limitation all backups of your Data, and that thereafter Boice will not have any Data available for your Use.

YOUR REPRESENTATIONS

By subscribing to or Using Boice Products or Services, you represent and warrant that you have the legal capacity and authority to enter into this agreement and that you will Use Boice Products or Services only in accordance with these Terms and Conditions of Use and with all applicable laws. If an individual is subscribing or Using Boice Products or Services on behalf of an entity or organization, that individual warrants and represents to Boice that such individual is duly authorized to agree to these Terms and Conditions of Use on behalf of the organization and to bind the organization to them. We may ask you from time to time to establish a user name or password to access your Data or Use the Boice Products or Services. You are solely responsible for any consequences arising in whole or in part out of access to your Data or Use.

NO ILLEGAL USE

You may not Use Boice Products or Services for any unlawful purpose.
You may not Use Boice Products or Services to store, backup, or distribute child pornography or in violation of U.S. export control laws or the export or import regulations of other countries, and you must comply strictly with all such laws and regulations.
You may not Use Boice Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, or any other country to which the United States has prohibited export, or if you are listed on the U.S. Department of Treasury’s Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State’s List of Statutorily Debarred Parties, or the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List Table of Denial Orders.

CHANGES TO THE BOICE PRODUCTS OR SERVICES

Boice has the right at any time to change, modify, add to, discontinue, or retire any Boice Product or Service and any aspect or feature of the Boice Products or Services. Boice will provide notice of material changes to the Boice Products or Services or changes to this Agreement by posting them to www.boicemysterycall.com. Boice shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes. If any such changes involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the new functionality being enabled. If you fail or refuse to approve such fees, Boice may, in its sole discretion, continue to support your current Boice Products or Services without the change or terminate your current subscription. If Boice terminates your current subscription on account of your failure or refusal to approve such fees, then Boice will refund, on a pro-rata basis based on the remaining term of the current license (except for and excluding the then-current monthly period), any fees related to the period during which you will not have access to your Boice Products or Services. If Boice updates the Boice Products or Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Boice Products and Services.
These Terms and Conditions of Use (including any documents incorporated by reference) constitute the entirety of the agreement between us and you concerning the subject matters discussed herein. This Agreement supersedes any prior written or oral representations, understandings, or agreements, and may not be modified except by the posting of changes to www.boicemysterycall.com. No written or oral statement, understanding, representation, or alleged agreement made outside the Terms and Conditions of Use posted to www.boicemysterycall.com may be used to modify, interpret, add to, supersede, or construe the terms of this Agreement, except by means of a written agreement signed by an officer of Boice.

BOICE LICENSE TO YOU; RENEWALS, MODIFICATIONS, LIMITS

Scope of License. Boice grants you a non-exclusive, non-transferable limited and revocable license to Use the Boice Products or Services in the manner contemplated and prescribed by this Agreement, and to Use the Boice Products or Services for the sole and exclusive personal or internal business purposes set forth in and within the contemplation of these Terms and Conditions of Use. We reserve all other rights to the Boice Products or Services. You may not sub-license, or charge others to Use or access the Boice Products or Services and you may not redistribute the Boice Products or Services or provide others with access to or Use of them.
Renewals. You agree that Boice shall have the right to automatically and without notice renew your license to continue to Use the Boice Products or Services upon expiration of your then-current license, and that as part of such renewal Boice shall have the right to charge the applicable renewal fees and any applicable taxes, which may be different than those you paid when you initially purchased or last renewed your license for Boice Products or Services to any credit card you used to purchase your then-current license. You agree that if you elect to not permit Boice the right to automatically renew your license to Use Boice Products or Services or your credit card information on file with Boice does not permit automatic renewal, then Boice may terminate your license if you do not otherwise renew your license.
Cancellation of Renewals. Assuming that your most recent original or renewal license was for a period of one month, you will not be eligible for any refund for any monies paid to Boice for the then currently active period. You may discontinue your use of Boice Products or Services and give Boice notice of discontinuance with such discontinuance taking effect at the end of the then current license period.
Payments. Unless arrangements have been made between us for invoicing, all payments shall be handled by credit card or electronic transfer of funds. Should any payment be denied or rejected, then Boice may at its sole discretion begin collection proceedings to recover any and all amounts due, in which event you agree to pay all costs associated with such collection proceedings, judicial or otherwise, including reasonable attorneys fees and interest on any unpaid amounts at 1.5% per month or the maximum rate permitted by law, whichever is less.
Duration of Agreement. You agree that you shall be bound by these Terms & Conditions of Use beginning on the earlier of when you first utilize or install Boice Products or Services or when you first agree to the Boice Terms and Conditions of Use, and ending on the later of the dates when (i) your license and any renewal thereof terminates, or ii) you have your last contact with Boice for customer support.

ASSIGNMENT

You may not sell, assign, grant a security interest in or otherwise transfer any of your rights or delegate any of your duties, in whole or in part, under this Agreement or in the Boice Products or Services or in your license or subscription hereunder. Boice may, in its sole discretion, transfer or assign all or any part of its rights this Agreement, the Boice Products or Services, and any license or contract related thereto, and may delegate all or any portion of its duties, if any, under any such Boice Products or Services, licenses, or other contracts.

RETENTION OR DELETION OF PERSONAL INFORMATION

If your license to Use Boice Products or Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, Boice and the Boice Affiliates may, without notice, delete or deny you access to any of your Data that may remain in their possession or control. You agree that Boice and Boice Affiliates may retain (but shall have no obligation to retain) your Data for a period after your license has been terminated, expired, or otherwise lapsed, as part of Boice’s marketing to you of the opportunity to purchase, renew, or extend a license. You also agree that Boice may retain your Personal Information and related account information for a reasonable time after your license has been terminated.

CUSTOMER SUPPORT

Boice may, in its sole discretion, provide customer support or service to you. This service may be available only on selected days and during a limited number of hours. Service may also be available through only certain delivery vehicles such as email or telephone and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services, Boice may employ a variety of tools to aid in the process of resolving your issues as a user. You grant Boice the right to use these tools and hold Boice harmless for the use of these tools as well as the guidance provided by its customer support staff.

RESTRICTIONS ON ACCESS TO BOICE PRODUCTS OR SERVICES

You may access Boice Products or Services only through the interfaces and protocols provided or authorized by Boice. You agree that you will not access Boice Products through unauthorized means, such as unlicensed software clients.

COMMUNICATIONS

You are responsible for obtaining and maintaining all of the hardware, software, and services that you may need to access and Use Boice Products or Services. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access Boice Products or Services. The format in which Boice currently makes its recordings available is .wav, which is a format currently usable practically universally, but it is your duty to make sure you have software and hardware that will enable you to listen to these recordings and to Use all Boice Products or Services, and you release and will indemnify and hold Boice harmless from any and all damage, loss, costs and expenses incurred as a result of your Use of Boice Products and Services, in particular with regard to the handling of the recordings that Boice makes available to you.

TERMINATION FOR IMPROPER OR UNINTENDED USE

BOICE SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF BOICE PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY BOICE TO BE USING THE BOICE PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY BOICE OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER’S ACCOUNT WITH BOICE AND THE LICENSE TO USE THE BOICE PRODUCTS OR SERVICES, AND DECLINING TO UTILIZE ANY SPECIFIC QUESTIONS, TONE OR OTHER SUGGESTED METHOD OR CHARACTERISTIC OF PHONING YOUR BUSINESS THAT YOU MAY REQUEST OR SUGGEST.

DATA COLLECTION, ENCRYPTION, PRIVACY, AND DISCLOSURE

Boice will collect and use Personal Information in accord with the terms of our Boice Privacy Policy, which is incorporated into and made a part of these Terms and Conditions of Use. You hereby consent to Boice’s use of your Personal Information under the terms of the Boice Privacy Policy, as it may be amended from time to time. Boice may provide access to your Data to government authorities if Boice suspects or believes that the Data contain child pornography or other prohibited data or are being used for illegal purposes. You acknowledge that Boice or Boice Affiliates may use servers and other equipment to provide the Boice Products or Services that are located in the United States or in other countries where litigants, law enforcement, courts, and other agencies of the government may have the right to access data stored within their jurisdictions upon terms and conditions provided by local law, and that as a result, they may gain access to your Data as provided by applicable local law.

WARRANTIES

SOLE EXPRESS AND LIMITED WARRANTY. Boice warrants that the Boice Products or Services will during the term of your license perform substantially as specified in its website. If you satisfactorily demonstrate to Boice within such term that a Boice Product or Service did not so perform, then as Boice’s sole and exclusive liability and as your sole and exclusive remedy, Boice shall at its sole option either use commercially reasonable efforts to correct the errors reported by you or refund the fee you paid for the Boice Product or Service and terminate your license ursuant to this Agreement. Correction or termination and refund under this paragraph, and the issuance of any corrections, patches, bug fixes, workarounds, upgrades, enhancements, or updates by Boice to you, shall not be deemed to begin a new, extended, or additional license, license period, or warranty period.
DISCLAIMER OF OTHER WARRANTIES. THE LIMITED WARRANTY IN THE PRECEDING PARAGRAPH IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

LIMITATION OF LIABILITY

With respect to defects or deficiencies in the Boice Products or Services, the liability of Boice and Boice Affiliates will be limited to performance of its responsibilities under the section of this Agreement entitled "Warranties." With respect to other breaches of contract, the liability of Boice and Boice Affiliates shall be limited to your actual damages, and in no event will such liability exceed the total amount received by Boice from you under these Terms and Conditions of Use for your current license period (the license period in which such breach occurs). IN NO EVENT WILL BOICE, THE BOICE CONTRACTORS, BOICE DISTRIBUTORS, BOICE SUPPLIERS, OR OTHER BOICE AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE BOICE PRODUCTS OR SERVICES, WHETHER FOR BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, EVEN IF BOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR A REMEDY SET FORTH IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
Neither Boice nor any Boice Affiliate shall have or assume any liability to any party other than you arising out of your Use or inability to Use the Boice Products or Services. The limitations of damages set forth above are fundamental elements of the bargain between Boice and you. Boice would not be able to provide the Boice Products or Services to you without such limitations.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BOICE, BOICE AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE BOICE PRODUCTS OR SERVICES AND/OR YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS OF USE. THIS INDEMNIFICATION INCLUDES BUT IS NOT LIMITED TO ANY CLAIMS OR ASSERTIONS MADE BY YOUR EMPLOYEES OR OTHERS WHOSE ACTIONS, ACTIVITIES AND RESPONSES ARE SOLICITED BY BOICE AS AN INCIDENT TO THE VERY ACTIVITY FOR WHICH YOU ARE ENGAGING BOICE, WHICH IS RANDOM, ANONYMOUS PHONING TO YOUR PLACE OF BUSINESS FOR THE PURPOSE OF DETERMINING HOW SUCH EMPLOYEES ANSWER AND RESPOND TO SUCH CALLS. NOTWITHSTANDING THE FOREGOING, BOICE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL REMAIN LIABLE FOR THE INDEMNIFICATION STATED ABOVE IN THAT MATTER. If Boice chooses to provide its own defense in connection with any matter subject to indemnification under these Terms and Conditions of Use, you shall participate and cooperate in the defense of Boice and Boice Affiliates, at your own expense, to the full extent requested by Boice.

TRADEMARKS, SERVICE MARKS, AND OTHER INTELLECTUAL PROPERTY

All trademarks, service marks or other similar items appearing on the Boice Products or Service are the property of their respective owners. The Boice Products or Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the Boice Products or Services shall remain with Boice and its licensors.

DISPUTE RESOLUTION, ARBITRATION, GOVERNING LAW, AND VENUE

Arbitration of Disputes. All disputes arising under or relating to this Agreement shall be resolved by final and binding arbitration conducted before a single arbitrator and otherwise pursuant to the commercial arbitration rules of the American Arbitration Association that were in force as of the date on which this Agreement was updated as indicated at the top of this Agreement. Such arbitration shall be conducted in Miami, Florida.
Costs of Arbitration. The administrative expenses, arbitrator fees, and facility charges associated with the arbitration shall be shared equally among the parties to such arbitration. Each party shall be solely responsible for its attorney fees, expert witness fees, and other costs, fees, and expenses, except as may otherwise be provided in the section of this Agreement entitled "Indemnification".
Discovery Procedures in Arbitration. The parties shall be entitled to such discovery as in the judgment of the arbitrator is appropriate, in light of the nature and objectives of arbitration, to ensure that each party has an adequate opportunity to determine the factual bases for its claims and defenses.
Form and Effects of Award. The arbitrator shall render a naked award. Judgment on any arbitral award under this Agreement may be entered in any court of competent jurisdiction.
All substantive and procedural provisions of this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Florida, USA, without regard to conflict of laws provisions, and all arbitration proceedings shall be governed by and conducted in accordance with the laws of the State of Florida, USA.

TERMINATION, EXPIRATION, CANCELLATION

Limited Term. Your license will end upon the expiration of its stated term, upon your non-renewal of the licenses, upon your cancellation of the license, when Boice elects to discontinue the product, upon your breach of these Terms and Conditions of Use (if such breach is not cured within the time indicated below in this section, or when Boice cancels or terminates your license, whichever occurs first (any such expiration, cancellation, discontinuation, or termination is/are referred to hereafter as "termination. ")
Termination for Unlawful Use. Boice may immediately and without notice block your access to your Data and/or terminate your Use of the Boice Products or Services if Boice reasonably believes that the Data may contain or be involved with child pornography or are being used to support other types of illegal activities, if providing Boice Products or Services to a person located in a particular country would violate U.S. or other applicable law, or if your continued Use of Boice Products or Services may damage, disable, overburden, or impair our servers or networks.
Termination for other breach. If you breach this agreement other than in accordance with the preceding paragraph, your right to Use the Boice Products or Services shall automatically terminate if you fail to cure the breach within seven (7) days after notice from Boice or any of the Boice Affiliates.
Upon termination: (i) you shall immediately cease any and all Use of the Boice Products or Services and delete all copies of them; (ii) the Boice Software may be disabled by Boice without notice to you; (iii) you will no longer have the right to access or retrieve your Data; and (iv) you hereby grant Boice at its sole discretion the unrestricted right to delete or retain all of your Personal Information and Data at any time after termination, without notice.

SURVIVAL

In the event of any termination, expiration, or cancellation, all restrictions on your Use of the Software and the other applicable restrictions as set forth in this Agreement, as well as all provisions of this Agreement concerning enforcement thereof, shall survive such termination, expiration, or cancellation, and you agree to remain bound by those terms.

NOTICE

Any notice that may or must be given by Boice in connection with this Agreement or in connection with the Use of the Boice Products or Services, may be given by sending it to the email address provided by you upon registering for the Boice Products or Services or as you may provide from time to time thereafter by modifying your user profile at www.boicemysterycall.com. You are responsible for ensuring that your accurate email address is available to Boice and for providing any needed updates. Boice may, in its sole discretion, use other means of providing notice, such as: desktop notification; regular, certified, or registered mail; fax; commercial delivery service; or messenger. All such notices shall be deemed given when dispatched with payment of delivery charges made or arranged. You hereby consent to receiving notice by any such means. Notwithstanding the foregoing, Boice has no obligation to provide notice or attempt to locate a customer other than through the email address provided.

ENTIRE AGREEMENT; CONSTRUCTION; LIMIT TO MODIFICATIONS; CONFLICTS IN TERMS

This Agreement (including the items incorporated by reference and modifications that may be made from time to time) constitutes the entire agreement between Boice and you regarding Boice Products or Services, and supersede all prior agreements between you and Boice regarding the subject matters hereof. You agree that there are no representations or warranties or agreements between you and Boice other than as set forth herein and that no others shall be admissible in evidence in any arbitration or judicial proceedings between you and Boice.
Should there be any conflict in terms between this Agreement and any other document, the terms and conditions set forth in this Agreement shall govern.
Any references that are singular or plural and any references that are masculine, feminine, or neuter in gender, are meant to be used interchangeably as the context of the sentence might imply.

LIMITATION ON ACTIONS

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within one year after the cause of action accrues.

COPYRIGHT INFRINGEMENT NOTIFICATION

As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding Web sites operated or hosted by Boice: Customersupport@boicemysterycall.com If you believe content on any website operated or hosted by Boice infringes a copyright, please provide the following information to the person identified above: (i) A physical or electronic signature of the copyright owner or authorized agent; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address); (v) A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MISCELLANEOUS

You agree to reimburse Boice for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by Boice.
Boice is not responsible for misprints, errors or omissions in its advertising and promotional materials.
If you have designated a person (whether by email, orally, by registering such person with Boice, by granting such person access to your username and password or by having your computer registered for Boice Products or Services) to have access to your Data, you hereby authorize Boice to give such designated person access to your Data, including without limitation in the event of your death or incapacity.

SEVERABILITY

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.

BILLING DISCREPANCIES

You must notify us about any billing problems or discrepancies within thirty (30) days after they are incurred or first appear on a statement you receive from your bank or credit card company or other billing company, whichever occurs first. Send such notification to us at the Boice Contact Information indicated in the section of this Agreement entitled "Boice Contact Information" below. If you do not bring such problems or discrepancies to our attention within that thirty (30) day period, you agree that you waive the right to dispute such problems or discrepancies.

BOICE CONTACT INFORMATION

If you have any questions or comments, please contact us at customersupport@boicemysterycall.com. Although we strongly prefer email communication, you may also send regular postal mail to:

Boice Mystery Call
407 Lincoln Rd Suite 8R
Miami Beach Fl 33139