Terms & Conditions

Acceptance of Terms. By accessing or using this website and any content, functionality, and services made available through it (collectively, the “Site”), you acknowledge that you have read, understand, and agree to be bound by these Terms & Conditions and all applicable laws and regulations. If you do not agree to these Terms & Conditions, you must not access or use the Site.

Scope; Other Agreements. Except as expressly provided otherwise in a separate agreement between you and CallMiner, Inc. and its affiliates and subsidiaries (collectively, “CallMiner”) governing specific products or services, these Terms & Conditions govern your access to and use of the Site. In the event of a conflict between these Terms & Conditions and any such separate agreement, the separate agreement will control with respect to the applicable products or services.

Eligibility and Authority. You represent and warrant that you are at least the age of majority in the jurisdiction from which you access the Site and have the legal capacity to enter into these Terms & Conditions. If you are accessing or using the Site on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms & Conditions, in which case “you” and “your” refer to that entity as well as the individual accessing the Site.

Permitted Use; Prohibited Conduct. You may use the Site only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site; attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site; use any robot, spider, scraper, crawler, or other automated means to access the Site for any purpose without CallMiner’s prior written consent; introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or use the Site in violation of any applicable law, regulation, or third-party right.

Ownership; Intellectual Property Rights. Except as expressly provided otherwise in an agreement between you and CallMiner, neither CallMiner nor any third party confers upon you, by implication, estoppel, or otherwise, any license or right under any patent, trademark, copyright, or other intellectual property right. The Site, including all text, graphics, images, software, code, trademarks, service marks, logos, audio, video, publications, and other content and materials made available on or through the Site, is owned by or licensed to CallMiner and is protected by applicable intellectual property and other laws. Except for the limited right to access and use the Site in accordance with these Terms & Conditions, no right, title, or interest in or to the Site or any content is transferred to you, and all rights not expressly granted are reserved by CallMiner and its licensors.

Privacy. Your use of the Site is also subject to CallMiner’s applicable privacy notice, which describes how personal information may be collected, used, and disclosed.

Disclaimer of Warranties. Except as expressly provided otherwise in an agreement between you and CallMiner, the Site and all information provided therein are provided “as is” and “as available” without warranty of any kind, and CallMiner hereby disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and quiet enjoyment.

Informational Purposes; Accuracy. You assume all risks concerning the suitability, accuracy, completeness, and usefulness of the information on the Site. The Site may contain technical inaccuracies, typographical errors, or omissions. CallMiner assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the Site, publications within the Site, and any other referenced or linked materials.

Limitation of Liability. To the fullest extent permitted by law, in no event will CallMiner or its affiliates, subsidiaries, licensors, or their respective officers, directors, employees, agents, successors, or assigns be liable for any special, indirect, incidental, consequential, exemplary, or punitive damages, or any damages whatsoever resulting from the loss of use, data, profits, business, goodwill, or other intangible losses, whether in an action for breach of contract, warranty, tort (including negligence), statute, or otherwise, arising out of or in connection with the Site, or the information or publications within the Site, even if advised of the possibility of such damages.

Mandatory Arbitration; Class Action Waiver. You agree to submit any and all claims arising out of or related to your use of this Site or these Terms & Conditions to mandatory binding arbitration in the Commonwealth of Massachusetts or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. An award of arbitration may be confirmed in a court of competent jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO CLASS OR COLLECTIVE ACTIONS CAN BE ASSERTED IN ARBITRATION OR OTHERWISE. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.

Equitable Relief. Notwithstanding the foregoing arbitration provision, CallMiner may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

Third-Party Sites and Resources. The Site may contain links to third-party sites, services, or resources that are not under the control of CallMiner and are provided solely as a convenience. If you access a third-party site from this Site, you do so at your own risk. CallMiner is not responsible for the content, policies, or practices of any third-party sites or resources, and the inclusion of any link does not imply that CallMiner endorses or accepts any responsibility for such third-party sites or resources.

Modification, Suspension, and Termination. CallMiner may make changes to the Site, information or publications within the Site, prices, technical specifications, product offerings, and these Terms & Conditions at any time and without notice. CallMiner reserves the right, at any time and without notice, to modify, suspend, discontinue, or restrict access to all or any part of the Site, including any content, functionality, or features. CallMiner may terminate or suspend your access to the Site at any time, with or without cause, including if CallMiner believes you have violated these Terms & Conditions.

Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless CallMiner, its affiliates, subsidiaries, licensors, and each of their respective officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your access to or use of the Site, your violation of these Terms & Conditions, or your violation of any law or the rights of any third party.

Governing Law. These Terms & Conditions and any dispute arising out of or relating to these Terms & Conditions or the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.

Waiver. No waiver by CallMiner of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CallMiner to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms & Conditions, together with any policies or notices expressly incorporated herein by reference, constitute the entire agreement between you and CallMiner with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties relating to the Site, except as otherwise expressly provided in a separate written agreement between you and CallMiner.

Contact Information. Questions regarding these Terms & Conditions may be directed to CallMiner here.